[Congressional Record Volume 167, Number 21 (Thursday, February 4, 2021)]
[Senate]
[Page S539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 811. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the concurrent resolution S. Con. Res. 5, setting forth the 
congressional budget for the United States Government for fiscal year 
2021 and setting forth the appropriate budgetary levels for fiscal 
years 2022 through 2030; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, insert the following:

     SEC. 4 . POINT OF ORDER AGAINST LEGISLATION THAT INCREASES 
                   THE NUMBER OF VISAS AVAILABLE FOR FOREIGN 
                   WORKERS WHILE AMERICAN UNEMPLOYMENT REMAINS 
                   HIGH.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     increases, or has the effect of increasing, the number of 
     foreign workers in the United States by raising the number of 
     authorized employment-based immigrant or nonimmigrant visas 
     or by increasing the number of lawful permanent residents 
     until the United States reaches a seasonally adjusted 
     unemployment rate of 3.5 percent, which was the rate on 
     February 1, 2020--shortly before the COVID-19 pandemic caused 
     an economic crisis, resulting in significant American job 
     losses.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
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