[Congressional Record Volume 166, Number 203 (Wednesday, December 2, 2020)]
[Senate]
[Pages S7182-S7187]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2689. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill S. 578, to amend title II of the Social Security Act to 
eliminate the five-month waiting period for disability insurance 
benefits under such title for individuals with amyotrophic lateral 
sclerosis; as follows:

       Insert the following after section 2:

     SEC. 3. INCREASING THE OVERPAYMENT COLLECTION THRESHOLD FOR 
                   OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                   BENEFITS.

       (a) In General.--Section 204(a)(1)(A) of the Social 
     Security Act (42 U.S.C. 404(a)(1)(A)) is amended--
       (1) by striking ``With respect to'' and inserting ``(i) 
     Subject to clause (ii), with respect to''; and

[[Page S7183]]

       (2) by adding at the end the following new clause:
       ``(ii) For purposes of clause (i), if the Commissioner of 
     Social Security determines that decreasing a payment under 
     this title to an individual by 100 percent would defeat the 
     purpose of this title, the Commissioner may decrease such 
     payment by a smaller amount, provided that such smaller 
     amount is not less than 10 percent of the amount of such 
     payment.''.
                                 ______
                                 
  SA 2690. Mr. LEE proposed an amendment to the bill H.R. 1044, to 
amend the Immigration and Nationality Act to eliminate the per-country 
numerical limitation for employment-based immigrants, to increase the 
per-country numerical limitation for family-sponsored immigrants, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fairness for High-Skilled 
     Immigrants Act of 2020''.

     SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

       (a) In General.--Section 202(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as 
     follows:
       ``(2) Per country levels for family-sponsored immigrants.--
     Subject to paragraphs (3) and (4), the total number of 
     immigrant visas made available to natives of any single 
     foreign state or dependent area under section 203(a) in any 
     fiscal year may not exceed 15 percent (in the case of a 
     single foreign state) or 2 percent (in the case of a 
     dependent area) of the total number of such visas made 
     available under such section in that fiscal year.''.
       (b) Conforming Amendments.--Section 202 of such Act (8 
     U.S.C. 1152) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``both subsections (a) 
     and (b) of section 203'' and inserting ``section 203(a)''; 
     and
       (B) by striking paragraph (5); and
       (2) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If the total 
     number of immigrant visas made available under section 203(a) 
     to natives of any single foreign state or dependent area will 
     exceed the numerical limitation specified in subsection 
     (a)(2) in any fiscal year, immigrant visas shall be allotted 
     to such natives under section 203(a) (to the extent 
     practicable and otherwise consistent with this section and 
     section 203) in a manner so that, except as provided in 
     subsection (a)(4), the proportion of the visas made available 
     under each of paragraphs (1) through (4) of section 203(a) is 
     equal to the ratio of the total visas made available under 
     the respective paragraph to the total visas made available 
     under section 203(a).''.
       (c) Country-specific Offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (1) in subsection (a), by striking ``(as defined in 
     subsection (e))'';
       (2) by striking subsection (d); and
       (3) by redesignating subsection (e) as subsection (d).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the second fiscal year 
     beginning after the date of enactment of this Act, and shall 
     apply to that fiscal year and each subsequent fiscal year.
       (e) Transition Rules for Employment-based Immigrants.--
       (1) In general.--Subject to paragraphs (2) through (4), and 
     notwithstanding title II of the Immigration and Nationality 
     Act (8 U.S.C. 1151 et seq.), the following rules shall apply:
       (A) During the first nine fiscal years after the effective 
     date, certain visas will be reserved within the immigrant 
     visas made available under each of paragraphs (2) and (3) of 
     section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)).
       (B) With regard to immigrant visas made available under 
     paragraphs (2) and (3) of section 203(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(b)) for the first nine 
     fiscal years after the effective date, visas will be reserved 
     for immigrants native to countries other than the two states 
     with the largest aggregate number of natives who are 
     beneficiaries of approved but backlogged petitions for 
     immigrant status under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)), as follows:
       (i) For the first fiscal year after the effective date, 30 
     percent of the immigrant visas made available under 
     paragraphs (2) and (3) of section 203(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(b)) shall be allotted to 
     immigrants who are natives of a foreign state or dependent 
     area that is not one of the two states with the largest 
     aggregate numbers of natives waiting for immigrant status.
       (ii) For the second fiscal year after the effective date, 
     25 percent of the immigrant visas made available under 
     paragraphs (2) and (3) of section 203(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(b)) shall be allotted to 
     immigrants who are natives of a foreign state or dependent 
     area that is not one of the two states with the largest 
     aggregate numbers of natives waiting for immigrant status.
       (iii) For the third fiscal year after the effective date, 
     20 percent of the immigrant visas made available under 
     paragraphs (2) and (3) of section 203(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(b)) shall be allotted to 
     immigrants who are natives of a foreign state or dependent 
     area that is not one of the two states with the largest 
     aggregate numbers of natives waiting for immigrant status.
       (iv) For the fourth fiscal year after the effective date, 
     15 percent of the immigrant visas made available under 
     paragraphs (2) and (3) of section 203(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(b)) shall be allotted to 
     immigrants who are natives of a foreign state or dependent 
     area that is not one of the two states with the largest 
     aggregate numbers of natives waiting for immigrant status.
       (v) For the fifth and sixth fiscal years after the 
     effective date, 10 percent of the immigrant visas made 
     available under paragraphs (2) and (3) of section 203(b) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall 
     be allotted to immigrants who are natives of a foreign state 
     or dependent area that is not one of the two states with the 
     largest aggregate numbers of natives waiting for immigrant 
     status.
       (vi) For the seventh, eighth, and ninth fiscal years after 
     the effective date, 5 percent of the immigrant visas made 
     available under paragraphs (2) and (3) of section 203(b) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall 
     be allotted to immigrants who are natives of a foreign state 
     or dependent area that is not one of the two states with the 
     largest aggregate numbers of natives waiting for immigrant 
     status.
       (C) 5.75 percent of the immigrant visas made available 
     under paragraphs (2) and (3) of section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be 
     reserved annually for the first nine fiscal years after the 
     effective date for immigrants who are native to countries 
     other than the two states with the largest aggregate number 
     of natives who are beneficiaries of approved but backlogged 
     petitions for immigrant status under such section. Such visas 
     will be made available by the following priority ordering:
       (i) Derivative dependents described in section 203(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(d)) who 
     seek to join a principal beneficiary of a petition for an 
     immigrant visa under paragraphs (2) and (3) of section 203(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(b)).
       (ii) Immigrants who seek to enter the United States as new 
     arrivals and who have not resided or worked in the United 
     States at any point in the four-year period immediately 
     preceding the filing of their petition for an immigrant visa 
     under section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)).
       (iii) Other immigrants who meet the criteria of this 
     subparagraph.
       (D) The two states with the largest aggregate numbers of 
     natives who are beneficiaries of approved petitions referred 
     to in subparagraphs (B) and (C) are the two states with the 
     largest aggregate number of approved cases awaiting visa 
     number availability for immigrant visas under section 203(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(b)), as 
     identified by adding the numbers associated with aliens 
     awaiting employment-based immigrant status in the most recent 
     and available Count Of Approved Employment-Based Immigrant 
     Petitions With Priority Dates On Or After the State 
     Department's Visa Bulletin from the Department of Homeland 
     Security and such numbers in the most recent Annual Report of 
     Immigrant Visa Applicants in the Employment-Based Preferences 
     Registered at the National Visa Center from the Department of 
     State (or successor publications).
       (E) Notwithstanding subparagraphs (A) through (D), for each 
     of the seven fiscal years after the effective date, not fewer 
     than 4,400 of the immigrant visas made available under 
     paragraph (3) of section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) and not reserved by 
     subparagraphs (B) and (C) shall be allotted to immigrants who 
     are described in section 656.5(a) of title 20, Code of 
     Federal Regulations (or a successor regulation) and are 
     seeking admission to the United States to work in an 
     occupation described in that section.
       (F) Family members described in section 203(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(d)) who are 
     accompanying or following to join a principal beneficiary 
     seeking admission under subparagraph (E) shall be entitled to 
     an unreserved visa in the same status and in the same order 
     of consideration as such principal beneficiary, but shall not 
     be counted against the 4,400 immigrant visas allotted under 
     that subparagraph.
       (2) Per-country levels.--
       (A) Reserved visas.--The number of visas reserved under 
     each of clauses (i) through (iv) of paragraph (1)(B) and each 
     of clauses (i) through (iii) of paragraph (1)(C) made 
     available to natives of any single foreign state or dependent 
     area in the appropriate fiscal year may not exceed 25 percent 
     (in the case of a single foreign state) or 2 percent (in the 
     case of a dependent area) of the total number of such visas.
       (B) Unreserved visas.--Not more than 85 percent of the 
     immigrant visas made available under each of paragraphs (2) 
     and (3) of section 203(b) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), 
     for each of the first nine fiscal years after the effective 
     date, may be allotted to immigrants who are natives of any 
     single foreign state.
       (3) Special rule to prevent unused visas.--If, with respect 
     to first nine fiscal

[[Page S7184]]

     years after the effective date, the application of paragraphs 
     (1) and (2) would prevent the total number of immigrant visas 
     made available under paragraph (2) or (3) of section 203(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
     from being issued, such visas may be issued during the 
     remainder of such fiscal year without regard to paragraphs 
     (1) and (2).
       (4) Rules for chargeability and dependents.--Section 202(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1152(b)) 
     shall apply in determining the foreign state to which an 
     alien is chargeable, and section 203(d) of the Immigration 
     and Nationality Act (8 U.S.C. 1153(d)) shall apply in 
     allocating immigrant visas to dependents, for purposes of 
     this subsection.
       (5) Effective date defined.--In this subsection, the term 
     ``effective date'' means the first day of the second fiscal 
     year beginning after the date of enactment of this Act.

     SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF 
                   LABOR.

       (a) Department of Labor Website.--Section 212(n) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended 
     by adding at the end the following:
       ``(6) For purposes of complying with paragraph (1)(C)--
       ``(A) Not later than 180 days after the date of the 
     enactment of the Fairness for High-Skilled Immigrants Act of 
     2020, the Secretary of Labor shall establish a searchable 
     internet website for posting positions in accordance with 
     paragraph (1)(C) that is available to the public without 
     charge, except that the Secretary may delay the launch of 
     such website for a single period identified by the Secretary 
     by notice in the Federal Register that shall not exceed 30 
     days.
       ``(B) The Secretary may work with private companies or 
     nonprofit organizations to develop and operate the internet 
     website described in subparagraph (A).
       ``(C) The Secretary shall promulgate rules, after notice 
     and a period for comment, to carry out this paragraph.''.
       (b) Publication Requirement.--The Secretary of Labor shall 
     submit to Congress, and publish in the Federal Register and 
     in other appropriate media, a notice of the date on which the 
     internet website required under section 212(n)(6) of the 
     Immigration and Nationality Act, as established by subsection 
     (a), will be operational.
       (c) Application.--The amendment made by subsection (a) 
     shall apply to any application filed on or after the date 
     that is 90 days after the date described in subsection (b).
       (d) Internet Posting Requirement.--Section 212(n)(1)(C) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(C)) 
     is amended--
       (1) by redesignating clause (ii) as subclause (II);
       (2) by striking ``(i) has provided'' and inserting the 
     following:
       ``(ii)(I) has provided''; and
       (3) by inserting before clause (ii), as redesignated by 
     paragraph (2), the following:
       ``(i) except in the case of an employer filing a petition 
     on behalf of an H-1B nonimmigrant who has already been 
     counted against the numerical limitations and is not eligible 
     for a full 6-year period, as described in section 214(g)(7), 
     or on behalf of an H-1B nonimmigrant authorized to accept 
     employment under section 214(n), has posted on the internet 
     website described in paragraph (6), for at least 30 calendar 
     days, a description of each position for which a nonimmigrant 
     is sought, that includes--

       ``(I) the occupational classification, and if different the 
     employer's job title for the position, in which the 
     nonimmigrant(s) will be employed;
       ``(II) the education, training, or experience 
     qualifications for the position;
       ``(III) the salary or wage range and employee benefits 
     offered;
       ``(IV) the location(s) at which the nonimmigrant(s) will be 
     employed; and
       ``(V) the process for applying for a position; and''.

     SEC. 4. H-1B EMPLOYER PETITION REQUIREMENTS.

       (a) Wage Determination Information.--Section 212(n)(1)(D) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(1)(D)) is amended by inserting ``the prevailing wage 
     determination methodology used under subparagraph 
     (A)(i)(II),'' after ``shall contain''.
       (b) New Application Requirements.--Section 212(n)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is 
     amended by inserting after subparagraph (G)(ii) the 
     following:
       ``(H)(i) The employer, or a person or entity acting on the 
     employer's behalf, has not advertised any available position 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) such position is only available to an individual who 
     is or will be an H-1B nonimmigrant; or
       ``(II) an individual who is or will be an H-1B nonimmigrant 
     shall receive priority or a preference in the hiring process 
     for such position.
       ``(ii) The employer has not primarily recruited individuals 
     who are or who will be H-1B nonimmigrants to fill such 
     position.
       ``(I) If the employer, in a previous period specified by 
     the Secretary, employed one or more H-1B nonimmigrants, the 
     employer shall submit to the Secretary the Internal Revenue 
     Service Form W-2 Wage and Tax Statements filed by the 
     employer with respect to the H-1B nonimmigrants for such 
     period.''.
       (c) Additional Requirement for New H-1B Petitions.--
       (1) In general.--Section 212(n)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)(1)), as amended by 
     subsection (b), is further amended by inserting after 
     subparagraph (I), the following:
       ``(J)(i) If the employer employs 50 or more employees in 
     the United States, the sum of the number of such employees 
     who are H-1B nonimmigrants plus the number of such employees 
     who are nonimmigrants described in section 101(a)(15)(L) does 
     not exceed 50 percent of the total number of employees.
       ``(ii) Any group treated as a single employer under 
     subsection (b), (c), (m), or (o) of section 414 of the 
     Internal Revenue Code of 1986 shall be treated as a single 
     employer for purposes of clause (i).''.
       (2) Rule of construction.--Nothing in subparagraph (J) of 
     section 212(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(1)), as added by paragraph (1), may be 
     construed to prohibit renewal applications or change of 
     employer applications for H-1B nonimmigrants employed by an 
     employer on the date of enactment of this Act.
       (3) Effective date.--The amendment made by this subsection 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
       (d) Labor Condition Application Fee.--Section 212(n) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)), as 
     amended by section 3(a), is further amended by adding at the 
     end the following:
       ``(7)(A) The Secretary of Labor shall promulgate a 
     regulation that requires applicants under this subsection to 
     pay an administrative fee to cover the average paperwork 
     processing costs and other administrative costs.
       ``(B)(i) Fees collected under this paragraph shall be 
     deposited as offsetting receipts within the general fund of 
     the Treasury in a separate account, which shall be known as 
     the `H-1B Administration, Oversight, Investigation, and 
     Enforcement Account' and shall remain available until 
     expended.
       ``(ii) The Secretary of the Treasury shall refund amounts 
     in such account to the Secretary of Labor for salaries and 
     related expenses associated with the administration, 
     oversight, investigation, and enforcement of the H-1B 
     nonimmigrant visa program.''.
       (e) Elimination of B-1 in Lieu of H-1.--Section 214(g) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(g)) is 
     amended by adding at the end the following:
       ``(12)(A) Unless otherwise authorized by law, an alien 
     normally classifiable under section 101(a)(15)(H)(i) who 
     seeks admission to the United States to provide services in a 
     specialty occupation described in paragraph (1) or (3) of 
     subsection (i) may not be issued a visa or admitted under 
     section 101(a)(15)(B) for such purpose.
       ``(B) Nothing in this paragraph may be construed to 
     authorize the admission of an alien under section 
     101(a)(15)(B) who is coming to the United States for the 
     purpose of performing skilled or unskilled labor if such 
     admission is not otherwise authorized by law.''.

     SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST 
                   H-1B EMPLOYERS.

       (a) Investigation, Working Conditions, and Penalties.--
     Section 212(n)(2)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(n)(2)(C)) is amended by striking clause (iv) 
     and inserting the following:
       ``(iv)(I) An employer that has filed an application under 
     this subsection violates this clause by taking, failing to 
     take, or threatening to take or fail to take a personnel 
     action, or intimidating, threatening, restraining, coercing, 
     blacklisting, discharging, or discriminating in any other 
     manner against an employee because the employee--
       ``(aa) disclosed information that the employee reasonably 
     believes evidences a violation of this subsection or any rule 
     or regulation pertaining to this subsection; or
       ``(bb) cooperated or sought to cooperate with the 
     requirements under this subsection or any rule or regulation 
     pertaining to this subsection.
       ``(II) An employer that violates this clause shall be 
     liable to the employee harmed by such violation for lost 
     wages and benefits.
       ``(III) In this clause, the term `employee' includes--
       ``(aa) a current employee;
       ``(bb) a former employee; and
       ``(cc) an applicant for employment.''.
       (b) Information Sharing.--Section 212(n)(2)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(H)) is 
     amended to read as follows:
       ``(H)(i) The Director of U.S. Citizenship and Immigration 
     Services shall provide the Secretary of Labor with any 
     information contained in the materials submitted by employers 
     of H-1B nonimmigrants as part of the petition adjudication 
     process that indicates that the employer is not complying 
     with visa program requirements for H-1B nonimmigrants.
       ``(ii) The Secretary may initiate and conduct an 
     investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.

     SEC. 6. LABOR CONDITION APPLICATIONS.

       (a) Application Review Requirements.--Section 212(n)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is 
     amended, in the undesignated matter following subparagraph 
     (I), as added by section 4(b)--
       (1) in the fourth sentence, by inserting ``, and through 
     the internet website of the Department of Labor, without 
     charge.'' after ``Washington, D.C.'';

[[Page S7185]]

       (2) in the fifth sentence, by striking ``only for 
     completeness'' and inserting ``for completeness, clear 
     indicators of fraud or misrepresentation of material fact,'';
       (3) in the sixth sentence, by striking ``or obviously 
     inaccurate'' and inserting ``, presents clear indicators of 
     fraud or misrepresentation of material fact, or is obviously 
     inaccurate''; and
       (4) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing in 
     accordance with paragraph (2).''.
       (b) Ensuring Prevailing Wages Are for Area of Employment 
     and Actual Wages Are for Similarly Employed.--Section 
     212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(1)(A)) is amended--
       (1) in clause (i), in the undesignated matter following 
     subclause (II), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``, and''; and
       (3) by adding at the end the following:
       ``(iii) will ensure that--

       ``(I) the actual wages or range identified in clause (i) 
     relate solely to employees having substantially the same 
     duties and responsibilities as the H-1B nonimmigrant in the 
     geographical area of intended employment, considering 
     experience, qualifications, education, job responsibility and 
     function, specialized knowledge, and other legitimate 
     business factors, except in a geographical area there are no 
     such employees, and
       ``(II) the prevailing wages identified in clause (ii) 
     reflect the best available information for the geographical 
     area within normal commuting distance of the actual address 
     of employment at which the H-1B nonimmigrant is or will be 
     employed.''.

       (c) Procedures for Investigation and Disposition.--Section 
     212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1182(n)(2)(A)) is amended--
       (1) by striking ``(2)(A) Subject'' and inserting 
     ``(2)(A)(i) Subject'';
       (2) by striking the fourth sentence; and
       (3) by adding at the end the following:
       ``(ii)(I) Upon receipt of a complaint under clause (i), the 
     Secretary may initiate an investigation to determine whether 
     such a failure or misrepresentation has occurred.
       ``(II) The Secretary may conduct--
       ``(aa) surveys of the degree to which employers comply with 
     the requirements under this subsection; and
       ``(bb) subject to subclause (IV), annual compliance audits 
     of any employer that employs H-1B nonimmigrants during the 
     applicable calendar year.
       ``(III) Subject to subclause (IV), the Secretary shall--
       ``(aa) conduct annual compliance audits of each employer 
     that employs more than 100 full-time equivalent employees who 
     are employed in the United States if more than 15 percent of 
     such full-time employees are H-1B nonimmigrants; and
       ``(bb) make available to the public an executive summary or 
     report describing the general findings of the audits 
     conducted under this subclause.
       ``(IV) In the case of an employer subject to an annual 
     compliance audit in which there was no finding of a willful 
     failure to meet a condition under subparagraph (C)(ii), no 
     further annual compliance audit shall be conducted with 
     respect to such employer for a period of not less than 4 
     years, absent evidence of misrepresentation or fraud.''.
       (d) Penalties for Violations.--Section 212(n)(2)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is 
     amended -
       (1) in clause (i)--
       (A) in the matter preceding subclause (I), by striking ``a 
     condition of paragraph (1)(B), (1)(E), or (1)(F)'' and 
     inserting ``a condition of paragraph (1)(B), (1)(E), (1)(F), 
     (1)(H), or 1(I)''; and
       (B) in subclause (I), by striking ``$1,000'' and inserting 
     ``$3,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$15,000'';
       (3) in clause (iii)(I), by striking ``$35,000'' and 
     inserting ``$100,000''; and
       (4) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$3,000''.
       (e) Initiation of Investigations.--Section 212(n)(2)(G) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) 
     is amended--
       (1) in clause (i), by striking ``In the case of an 
     investigation'' in the second sentence and all that follows 
     through the period at the end of the clause;
       (2) in clause (ii), in the first sentence, by striking 
     ``and whose identity'' and all that follows through ``failure 
     or failures.'' and inserting ``the Secretary of Labor may 
     conduct an investigation into the employer's compliance with 
     the requirements under this subsection.'';
       (3) in clause (iii), by striking the second sentence;
       (4) by striking clauses (iv) and (v);
       (5) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (6) in clause (iv), as so redesignated--
       (A) by striking``clause (viii)'' and inserting ``clause 
     (vi)''; and
       (B) by striking ``meet a condition described in clause 
     (ii)'' and inserting ``comply with the requirements under 
     this subsection'';
       (7) by amending clause (v), as so redesignated, to read as 
     follows:
       ``(v)(I) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation under 
     clause (i) or (ii).
       ``(II) The notice shall be provided in such a manner, and 
     shall contain sufficient detail, to permit the employer to 
     respond to the allegations before an investigation is 
     commenced.
       ``(III) The Secretary is not required to comply with this 
     clause if the Secretary determines that such compliance would 
     interfere with an effort by the Secretary to investigate or 
     secure compliance by the employer with the requirements of 
     this subsection.
       ``(IV) A determination by the Secretary under this clause 
     shall not be subject to judicial review.'';
       (8) in clause (vi), as so redesignated, by striking ``An 
     investigation'' in the first sentence and all that follows 
     through ``the determination.'' in the second sentence and 
     inserting ``If the Secretary of Labor, after an investigation 
     under clause (i) or (ii), determines that a reasonable basis 
     exists to make a finding that the employer has failed to 
     comply with the requirements under this subsection, the 
     Secretary shall provide interested parties with notice of 
     such determination and an opportunity for a hearing in 
     accordance with section 556 of title 5, United States Code, 
     not later than 60 days after the date of such 
     determination.''; and
       (9) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds 
     that the employer has violated a requirement under this 
     subsection, the Secretary may impose a penalty pursuant to 
     subparagraph (C).''.

     SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS.

       (a) Adjustment of Status for Employment-based Immigrants.--
       (1) In general.--Section 245 of such Act (8 U.S.C. 1255) is 
     amended by adding at the end the following:
       ``(n) Adjustment of Status for Employment-based 
     Immigrants.--
       ``(1) In general.--An alien who has status under section 
     214, other than an alien described in subsection (c) (as 
     remedied by subsection (k), as amended by the Fairness for 
     High-Skilled Immigrants Act of 2020) or subparagraph (B) or 
     (C) of section 101(a)(15), and any eligible dependents of 
     such alien, who has filed a petition or on whose behalf a 
     petition has been filed for immigrant status pursuant to 
     subparagraph (E) or (F) of section 204(a)(1), may file an 
     application with the Secretary of Homeland Security for 
     adjustment of status if such petition was approved not less 
     than two years before the date on which the application for 
     adjustment of status is filed, regardless of whether an 
     immigrant visa is immediately available on that date. For any 
     dependent child who files an application under this 
     subsection, that individual may continue to qualify as a 
     dependent child for purposes of the application regardless of 
     the individual's age or whether the principal beneficiary is 
     deceased at the time an immigrant visa becomes available. 
     Except as otherwise provided in paragraphs (3), (4), and (5), 
     an alien who files an application under this subsection shall 
     be eligible for work authorization and travel permission on 
     the same terms as an alien who files an application under 
     subsection (a).
       ``(2) Availability.--An adjustment of status application 
     filed pursuant to paragraph (1) may not be approved until the 
     date on which an immigrant visa becomes available. An 
     admissible alien who has properly filed such an application 
     shall have the same status as an alien who files under 
     subsection (a).
       ``(3) Duties, hours, and compensation.--The terms and 
     conditions of a qualifying employment position offered to an 
     alien who has filed a petition or on whose behalf a petition 
     has been filed, for immigrant status pursuant to subparagraph 
     (E) or (F) of section 204(a)(1), including duties, hours, and 
     compensation, during the period following the filing of an 
     application for adjustment under paragraph (1) and before a 
     visa becomes immediately available, must be commensurate with 
     the terms and conditions applicable to the employer's 
     similarly situated United States workers in the area of 
     employment. If the employer does not employ and has not 
     recently employed more than two similarly situated U.S. 
     workers in the area of employment, the employer nevertheless 
     remains obligated to attest that the terms and conditions of 
     the alien's employment are commensurate with the terms and 
     conditions of employment for other similarly situated United 
     States workers in the area of employment. `Similarly situated 
     United States workers' includes United States workers 
     performing similar duties, subject to similar supervision, 
     and with similar educational backgrounds, industry expertise, 
     employment experience, levels of responsibility, and skill 
     sets as the alien in the same geographic area of employment 
     as the alien. The duties, hours, and compensation of such 
     aliens are `commensurate' with those offered to United States 
     workers employed by the employer in the same area of 
     employment when the employer can show that the duties, hours, 
     and compensation are consistent with the range of such terms 
     and conditions the employer has offered or would offer to 
     similarly situated United States employees.
       ``(4) Enforcement.--A principal applicant applying for 
     adjustment pursuant to paragraph (1) shall file a 
     Confirmation of Bona Fide Job Offer or Portability with any 
     request for an employment authorization document. Any 
     employment authorization document issued to such a principal 
     applicant shall expire after three years, and another

[[Page S7186]]

     Confirmation of Bona Fide Offer or Portability shall be filed 
     with any request for a renewal of employment authorization. 
     No final decision on an application under paragraph (1) may 
     be issued without a filing of a Confirmation of Bona Fide Job 
     Offer or Portability by the principal applicant received 
     within 12 months of such decision. A principal applicant 
     shall provide sufficient information to verify compliance 
     with paragraph (3), and an indication that the filing is to 
     ensure compliance for an adjustment applicant under this 
     subsection, when the applicant files a Confirmation. A 
     principal applicant shall also provide a signed letter from 
     his or her current or prospective employer attesting that the 
     terms and conditions of the alien's employment are 
     commensurate with the terms and conditions of employment for 
     other similarly situated United States workers in the area of 
     employment. If a required Confirmation is not timely received 
     by United States Citizenship and Immigration Services, the 
     underlying Application to Adjust Status filed under paragraph 
     (1), including the applications for eligible dependents, 
     shall be denied. In adjudicating the Application to Adjust 
     Status, when an immigrant visa becomes available, United 
     States Citizenship and Immigration Services shall request the 
     filing of a Confirmation of Bona Fide Job Offer or 
     Portability if a Confirmation of Bona Fide Job Offer or 
     Portability has not been filed within the previous 12 months 
     and may consider the validity of any Confirmation filing that 
     has not already been reviewed and found satisfactory. If the 
     most recent Confirmation filing or prior filings not 
     previously found satisfactory do not warrant a finding of 
     compliance with section 204(j) or paragraph (3), United 
     States Citizenship and Immigration Services shall issue a 
     Notice of Intent to Deny the underlying Application to Adjust 
     Status providing an opportunity for further evidence to be 
     submitted on such deficiency after which any applicant that 
     does not meet his or her burden of proof shall receive a 
     denial of the underlying Application to Adjust Status and the 
     applications of eligible dependents.
       ``(5) Limitation on work authorization.--An alien who was 
     neither authorized to work nor eligible to request work 
     authorization at the time an application was filed under 
     paragraph (1) shall not be eligible to receive work 
     authorization pursuant to paragraph (1) or section 
     274a.12(c)(9) of title 8, Code of Federal Regulations.
       ``(6) Confirmations of bona fide job offer or portability 
     fee.--
       ``(A) In general.-- Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall charge and 
     collect a fee in the amount of $2,000 for each Confirmation 
     of Bona Fide Job Offer or Portability filed under this 
     subsection.
       ``(B) Deposits.--The fees collected under subparagraph (A) 
     shall be deposited and used as follows:
       ``(i) Fifty percent of such fees shall be deposited into 
     the Immigration Examinations Fee Account established by 
     section 286(m) and available as provided in this subsection.
       ``(ii) Fifty percent of such fees shall be deposited into 
     the Treasury as miscellaneous receipts.''.
       (b) Conforming Amendment.-- Section 245(k) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(k)) is amended 
     by adding ``or (n)'' after ``pursuant to subsection (a)''.
       (c) Effective Date.--
       (1) This section and the amendments made by this section--
       (A) shall take effect one year after the date of enactment 
     of this Act; and
       (B) except as provided in paragraph (2), shall cease to 
     have effect as of the date that is nine years after that date 
     of enactment.
       (2) This section shall continue in effect with respect to 
     any alien who has filed an application under this section any 
     time prior to the date on which this section otherwise ceases 
     to have effect.

     SEC. 8. LIMIT ON ADJUSTMENT OF STATUS FROM H-1B NONIMMIGRANT 
                   OR H-4 NONIMMIGRANT TO EB IMMIGRANT.

       (a) In General.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1235), as amended by section 7, is 
     further amended by adding at the end the following:
       ``(o) Limit on Adjustment of Status From H-1B Nonimmigrant 
     or H-4 Nonimmigrant to EB Immigrant.--
       ``(1) In general.--In applying this section to an alien who 
     is (or has been during the most recent 2-year period) a 
     nonimmigrant described in section 101(a)(15)(H)(i)(b), or to 
     the spouse or any minor children of such alien who is (or has 
     been during the most recent 2-year period) an H-4 
     nonimmigrant--
       ``(A) the number of such aliens (including the spouses and 
     children of such aliens) granted an adjustment of status to 
     that of an immigrant described in section 203(b) or otherwise 
     issued an immigrant visa under this Act in a fiscal year--
       ``(i) during the period beginning on the date of enactment 
     of this subsection and ending on the date on which the ninth 
     fiscal year after the effective date ends, may not exceed 70 
     percent of the total number of employment-based immigrants 
     admitted in such fiscal year; and
       ``(ii) after the date on which the ninth fiscal year after 
     the effective date ends, may not exceed 50 percent of the 
     total number of employment-based immigrants admitted in such 
     fiscal year; and
       ``(B) the limitations set forth subparagraph (A) shall not 
     apply to any such alien (or the spouse or children of such 
     alien) if such alien--
       ``(i) has graduated from medical school and will be 
     performing services in the United States as a member of the 
     medical profession; or
       ``(ii) has been granted a national interest waiver by U.S. 
     Citizenship and Immigration Services under section 
     203(b)(2)(B).
       ``(2) Effective date defined.--In this subsection, the term 
     `effective date' means the first day of the second fiscal 
     year beginning after the date of enactment of this 
     subsection.''.
       (b) Unused Employment-based Immigrant Visas.--Any immigrant 
     visas reserved under section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) for employment-based 
     immigrants that are not needed for an employment-based 
     immigrant may be issued to aliens described in subparagraph 
     in section 101(a)(15)(H)(i)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)).

     SEC. 9. PROHIBITION ON ADMISSION OR ADJUSTMENT OF STATUS OF 
                   ALIENS AFFILIATED WITH THE MILITARY FORCES OF 
                   THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE 
                   COMMUNIST PARTY.

       The Secretary of Homeland Security shall not adjust status 
     of any alien affiliated with the military forces of the 
     People's Republic of China or the Chinese Communist Party, as 
     determined by the Secretary of Homeland Security, in 
     consultation with the Secretary of State, the Secretary of 
     Defense, the Attorney General, the Secretary of the Treasury, 
     and the Director of National Intelligence.
                                 ______
                                 
  SA 2691. Mr. INHOFE (for Mr. Sullivan) proposed an amendment to the 
bill S. 496, to preserve United States fishing heritage through a 
national program dedicated to training and assisting the next 
generation of commercial fishermen, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Young Fishermen's 
     Development Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Sea grant institution.--The term ``Sea Grant 
     Institution'' means a sea grant college or sea grant 
     institute, as those terms are defined in section 203 of the 
     National Sea Grant College Program Act (33 U.S.C. 1122).
       (2) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term ``tribal organization'' in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304).
       (3) Young fisherman.--The term ``young fisherman'' means an 
     individual who--
       (A) desires to participate in the commercial fisheries of 
     the United States, including the Great Lakes fisheries;
       (B) has worked as a captain, crew member, or deckhand on a 
     commercial fishing vessel for not more than 10 years of 
     cumulative service; or
       (C) is a beginning commercial fisherman.

     SEC. 3. ESTABLISHMENT OF PROGRAM.

       The Secretary of Commerce, acting through the National Sea 
     Grant Office, shall establish a program to provide training, 
     education, outreach, and technical assistance initiatives for 
     young fishermen, to be known as the ``Young Fishermen's 
     Development Grant Program'' (referred to in this section as 
     the ``Program'').

     SEC. 4. GRANTS.

       (a) In General.--In carrying out the Program, the Secretary 
     shall make competitive grants to support new and established 
     local and regional training, education, outreach, and 
     technical assistance initiatives for young fishermen, 
     including programs, workshops, and services relating to--
       (1) seamanship, navigation, electronics, and safety;
       (2) vessel and engine care, maintenance, and repair;
       (3) innovative conservation fishing gear engineering and 
     technology;
       (4) sustainable fishing practices;
       (5) entrepreneurship and good business practices;
       (6) direct marketing, supply chain, and traceability;
       (7) financial and risk management, including vessel, 
     permit, and quota purchasing;
       (8) State and Federal legal requirements for specific 
     fisheries, including reporting, monitoring, licenses, and 
     regulations;
       (9) State and Federal fisheries policy and management;
       (10) mentoring, apprenticeships, or internships; and
       (11) any other activities, opportunities, or programs, as 
     the Secretary determines appropriate.
       (b) Eligibility.--
       (1) Applicants.--To be eligible to receive a grant under 
     the Program, a recipient shall be a collaborative State, 
     Tribal, local, or regionally based network or partnership of 
     public or private entities, which may include--
       (A) a Sea Grant Institution;
       (B) a Federal or State agency or a Tribal organization;
       (C) a community-based nongovernmental organization;
       (D) fishermen's cooperatives or associations;
       (E) an institution of higher education (including an 
     institution awarding an associate's degree), or a foundation 
     maintained by an institution of higher education; or

[[Page S7187]]

       (F) any other appropriate entity, as the Secretary 
     determines appropriate.
       (2) Participants.--All young fishermen seeking to 
     participate in the commercial fisheries of the United States 
     and the Great Lakes are eligible to participate in the 
     activities funded through grants provided for in this 
     section, except that participants in such activities shall be 
     selected by each grant recipient.
       (c) Maximum Term and Amount of Grant.--
       (1) In general.--A grant under this section shall--
       (A) have a term of no more than 3 fiscal years; and
       (B) be in an amount that is not more than $200,000 for each 
     fiscal year.
       (2) Consecutive grants.--An eligible recipient may receive 
     consecutive grants under this section.
       (d) Matching Requirement.--To be eligible to receive a 
     grant under this section, a recipient shall provide a match 
     in the form of cash or in-kind contributions from the 
     recipient in the amount equal to or greater than 25 percent 
     of the funds provided by the grant.
       (e) Regional Balance.--In making grants under this section, 
     the Secretary shall, to the maximum extent practicable, 
     ensure geographic diversity.
       (f) Cooperation and Evaluation Criteria.--In carrying out 
     this section and in developing criteria for evaluating grant 
     applications, the Secretary shall consult, to the maximum 
     extent practicable, with--
       (1) Sea Grant Institutions and extension agents of such 
     institutions;
       (2) community-based nongovernmental fishing organizations;
       (3) Federal and State agencies, including Regional Fishery 
     Management Councils established under the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1851 et 
     seq.);
       (4) institutions of higher education with fisheries 
     expertise and programs; and
       (5) partners, as the Secretary determines.
       (g) Prohibition.--A grant under this section may not be 
     used to purchase any fishing license, permit, quota, or other 
     harvesting right.

     SEC. 5. FUNDING.

       The Secretary of Commerce shall carry out this Act using 
     amounts made available to the Department of Commerce for 
     fiscal years 2022 through 2026.

                          ____________________