[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5701-S5702]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6165. Mr. PADILLA (for himself, Mr. Paul, Mr. Blunt, Mr. Cramer, 
Mr. King, Mr. Durbin, Ms. Klobuchar, Mr. Rounds, and Ms. Collins) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ___. IMMIGRATION AGE-OUT PROTECTIONS.

       (a) Age-out Protections for Immigrants.--
       (1) In general.--Section 101(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)) is amended by adding at 
     the end the following:
       ``(6) A determination of whether an alien is a child shall 
     be made as follows:
       ``(A) For purposes of a petition under section 204 and a 
     subsequent application for an immigrant visa or adjustment of 
     status, such determination shall be made using the age of the 
     alien on the date that is the priority date for the principal 
     beneficiary and all derivative beneficiaries under section 
     203(h).
       ``(B) For purposes of a petition under section 214(d) and a 
     subsequent application for adjustment of status under section 
     245(d), such determination shall be made using the age of the 
     alien on the date on which the petition is filed with the 
     Secretary of Homeland Security.
       ``(C) In the case of a petition under section 204 filed for 
     an alien's classification as a married son or daughter of a 
     United States citizen under section 203(a)(3), if the 
     petition is later converted, due to the legal termination of 
     the alien's marriage, to a petition to classify the alien as 
     an immediate relative under section 201(b)(2)(A)(i) or as an 
     unmarried son or daughter of a United States citizen under 
     section 203(a)(1), the determination of the alien's age shall 
     be made using the age of the alien on the date of the 
     termination of the marriage.
       ``(D) For an alien who was in status as a dependent child 
     of a nonimmigrant pursuant to an approved employment-based 
     petition under section 214 or an approved application under 
     section 101(a)(15)(E) for an aggregate period of eight years 
     prior to the age of 21, notwithstanding subparagraphs (A) 
     through (C), the alien's age shall be based on the date that 
     such initial nonimmigrant employment-based petition or 
     application was filed.
       ``(E) For an alien who has not sought to acquire status of 
     an alien lawfully admitted for permanent residence within two 
     years of an immigrant visa number becoming available to such 
     alien, the alien's age shall be their biological age unless 
     the failure to seek to acquire status was due to 
     extraordinary circumstances.
       ``(7) An alien who has reached 21 years of age and has been 
     admitted under section 203(d) as a lawful permanent resident 
     on a conditional basis as the child of an alien lawfully 
     admitted for permanent residence under section 203(b)(5), 
     whose lawful permanent resident status on a conditional basis 
     is terminated under section 216A or section 203(b)(5)(M), 
     shall continue to be considered a child of the principal 
     alien for the purpose of a subsequent immigrant petition by 
     such alien under section 203(b)(5) if the alien remains 
     unmarried and the subsequent petition is filed by the 
     principal alien not later than 1 year after the termination 
     of conditional lawful permanent resident status. No alien 
     shall be considered a child under this paragraph with respect 
     to more than 1 petition filed after the alien reaches 21 
     years of age.''.
       (2) Technical and conforming amendment.--Section 201 of the 
     Immigration and Nationality Act (8 U.S.C. 1151) is amended by 
     striking subsection (f).
       (3) Effective date.--
       (A) In general.--The amendments made by this section shall 
     be effective as if included in the Child Status Protection 
     Act (Public Law 107-208).
       (B) Motion to reopen or reconsider.--
       (i) In general.--A motion to reopen or reconsider the 
     denial of a petition or application described in paragraph 
     (6) of section 101(b), as amended in paragraph (1), may be 
     granted if--

       (I) such petition or application would have been approved 
     if the amendments described in such paragraph had been in 
     effect at the time of adjudication of the petition or 
     application;
       (II) the individual seeking relief pursuant to such motion 
     was in the United States at the time the underlying petition 
     or application was filed; and
       (III) such motion is filed with the Secretary of Homeland 
     Security or the Attorney General not later than the date that 
     is 2 years after the date of the enactment of this Act.

       (ii) Numerical limitations.--Notwithstanding any other 
     provision of law, an individual granted relief pursuant to 
     such motion to reopen or reconsider shall be exempt from 
     numerical limitations in sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (b) Age Out Protections for Nonimmigrant Dependent 
     Children.--Section 214 of the Immigration and Nationality Act 
     (8 U.S.C. 1184) is amended by adding at the end the 
     following:
       ``(s)(1) Except as described in paragraph (2), the 
     determination of whether an alien who is the derivative 
     beneficiary of a properly filed pending or approved immigrant 
     petition under section 204 is eligible to be a dependent 
     child of a nonimmigrant admitted pursuant to an approved 
     employer petition under this section or approved application 
     under section 101(a)(15)(E), shall be based on whether the 
     alien is determined to be a child under section 101(b)(6) of 
     the Immigration and Nationality Act.
       ``(2) If otherwise eligible, an alien who is determined to 
     be a child pursuant to section 101(b)(6)(D) may change status 
     to or extend status as a dependent child of a nonimmigrant 
     with an approved employment based petition under this section 
     or an approved application under section

[[Page S5702]]

     101(a)(15)(E), notwithstanding such alien's marital status.
       ``(3) An alien who is admitted to the United States as a 
     dependent child of a nonimmigrant who is described in this 
     section is authorized to engage in employment in the United 
     States incident to status.''.
       (c) Priority Date Retention.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended 
     to read as follows:
       ``(h) Retention of Priority Dates.--
       ``(1) Priority date.--The priority date for an alien shall 
     be the date that is the earliest of--
       ``(A) the date that a petition under section 204 is filed 
     with the Secretary of Homeland Security (or the Secretary of 
     State, if applicable); or
       ``(B) the date on which a labor certification is filed with 
     the Secretary of Labor.
       ``(2) Retention.--The principal beneficiary and all 
     derivative beneficiaries shall retain the priority date 
     associated with the earliest of any approved petition or 
     labor certification and such priority date shall be 
     applicable to any subsequently approved petition.''.

     SEC. ___. MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and 
     inserting ``$7,279,000,000''.
                                 ______