[Congressional Record Volume 170, Number 90 (Thursday, May 23, 2024)]
[Senate]
[Page S3894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2068. Mr. ROUNDS submitted an amendment intended to be proposed by 
him to the bill S. 4361, making emergency supplemental appropriations 
for border security and combatting fentanyl for the fiscal year ending 
September 30, 2024, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 240, after line 24, add the following:

     SEC. 406. EXCLUDING RETURNING H-2B WORKERS FROM ANNUAL CAP.

       (a) In General.--Section 214(g)(9)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended to 
     read as follows:
       ``(A)(i) Except as provided in clause (ii), and subject to 
     subparagraphs (B) and (C), an alien who has already been 
     counted toward the numerical limitation under paragraph 
     (1)(B) during 1 of the 3 preceding fiscal years shall not be 
     counted again toward such limitation during the current 
     fiscal year and shall be considered a returning worker.
       ``(ii) An alien who has already been counted toward the 
     numerical limitation under paragraph (1)(B) shall be counted 
     again toward such limitation if such alien--
       ``(I) departs the United States for a period longer than 1 
     year;
       ``(II) was not counted toward such limitation in any of the 
     3 most recent fiscal years; or
       ``(III) violated his or her status during the authorized 
     period of stay.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2024.
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