TEXT OF AMENDMENTS; Congressional Record Vol. 165, No. 114
(Senate - July 09, 2019)

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[Pages S4733-S4735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                           TEXT OF AMENDMENTS

  SA 906. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 386, 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; which was referred 
to the Committee on the Judiciary; as follows:

       At the end, add the following:


       (a) Department of Labor Website.--Section 212(n)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(6)) is 
     added, to read as follows:
       ``(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 
     2019, 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 
       ``(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 
     such Act is amended--
       (1) by redesignating clause (ii) as subclause (II);
       (2) by striking ``(i) has provided'' and inserting the 
       ``(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 
       ``(IV) the location(s) at which the nonimmigrant(s) will be 
     employed; and
       ``(V) the process for applying for a position; and''.


       (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 
       ``(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 
       ``(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 
       (c) Labor Condition Application Fee.--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)(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 
       ``(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.''.
       (d) 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.''.

                   H-1B EMPLOYERS.

       (a) Investigation, Working Conditions, and Penalties.--
     Section 212(n)(2)(C) of the

[[Page S4734]]

     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 


       (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.'';
       (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 

       (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 
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
       (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 
       ``(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 
       ``(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).''.
  SA 907. Mr. THUNE (for Mrs. Shaheen) proposed an amendment to the 
bill S. 239, to require the Secretary of the Treasury to mint coins in 
recognition of Christa McAuliffe; as follows:

       On page 4, line 13, strike ``2020'' and insert ``2021''.
       On page 5, line 6, strike ``2020'' and insert ``2021''.
       On page 5, line 7, strike ``2020'' and insert ``2021''.
  SA 908. Mr. THUNE (for Mr. Cruz (for himself and Mr. Durbin)) 
proposed an amendment to the resolution S. Res. 188, encouraging a 
swift transfer of power by the military to a civilian-led political 
authority in the Republic of the Sudan, and for other purposes; as 

       Strike all after the resolving clause and insert the 

     That the Senate--
       (1) supports the African Union Peace and Security Council's 
     initial 2-week deadline urging a swift transfer of power by 
     the military to a civilian-led political authority in Sudan 
       (A) has a civilian character and composition reflecting the 
     will of the Declaration of Freedom and Change Forces leading 
     negotiations on behalf of citizens; and
       (B) immediately begins a transparent process leading to 
     credible elections and security sector reforms;
       (2) calls on the ruling authorities in Sudan--
       (A) to respect the right to freedom of association and 

[[Page S4735]]

       (B) to protect the rights of opposition political parties, 
     journalists, human rights defenders, religious minorities, 
     nongovernmental organizations, and civic movements to operate 
     without interference;
       (C) to lift the bureaucratic restrictions on, and 
     facilitate access for, humanitarian relief operations;
       (D) to introduce strong measures to create transparency and 
     address the structural corruption and kleptocracy of the 
       (E) to pursue accountability for serious crimes and human 
     rights abuses by former President al-Bashir's regime and 
     permit international human rights monitors to deploy in Sudan 
     to examine the allegations of atrocities committed against 
     protesters and civilians during 2019;
       (F) to release remaining political prisoners and refrain 
     from arbitrary arrest, detention, and torture; and
       (G) to immediately restore Internet access and avoid 
     further denial of access to suppress the fundamental human 
     right of freedom of expression and association by Sudanese 
       (3) urges the United States Government to lead in efforts 
     that advance a peaceful transfer of power and a civilian-led 
     transition period focused on creating the conditions under 
     which timely democratic elections can be held that will meet 
     international standards and be overseen by credible domestic 
     and international electoral observers, and for the peaceful 
     resolution of Sudan's conflicts;
       (4) encourages the African Union and its member states to 
     continue supporting the Sudanese people's aspirations for 
     democracy, justice, and peace;
       (5) expresses concern that the participation in the 
     transitional government of individuals who have been 
     implicated in possible war crimes would undermine efforts to 
     restore peace and democracy and pursue justice and 
     accountability in Sudan;
       (6) emphasizes that until a transition to a credible 
     civilian-led government that reflects the aspirations of the 
     Sudanese people is established, the process to consider 
     removing Sudan from the State Sponsor of Terrorism List, 
     lifting any other remaining sanctions on Sudan, or 
     normalizing relations with the Government of Sudan will 
     continue to be suspended; and
       (7) stands in solidarity with the people of Sudan and their 
     aspirations for a democratic, participatory government.
  SA 909. Mr. THUNE (for Mr. Cruz (for himself and Mr. Durbin)) 
proposed an amendment to the resolution S. Res. 188, encouraging a 
swift transfer of power by the military to a civilian-led political 
authority in the Republic of the Sudan, and for other purposes; as 

       Strike the preamble and insert the following:
       Whereas the nation of Sudan has endured corrupt and brutal 
     dictatorships for most of its post-independence period since 
       Whereas President Omar al-Bashir came to power through a 
     military coup in 1989, and for the next 3 decades his 
     government was responsible for horrendous crimes in Sudan, 
     especially in Darfur, South Kordofan, Blue Nile, and in what 
     is now the Republic of South Sudan;
       Whereas the United States Government designated Sudan as a 
     State Sponsor of Terrorism on August 12, 1993, for its 
     support to international terrorist organizations and 
     extremists, including elements of what would later be known 
     as al Qaeda;
       Whereas more than 2 decades of civil war between President 
     al-Bashir's government and insurgents in southern Sudan 
     resulted in more than 2,000,000 deaths and led to the 
     eventual independence of South Sudan in 2011;
       Whereas in 2003, President al-Bashir's government launched 
     a ruthless crackdown against insurgents and civilians in 
     Darfur, which killed at least 300,000 Sudanese and displaced 
     2,500,000 more people, prompting Congress and the 
     Administration of President George W. Bush, in 2004, to 
     describe the Government of Sudan's actions in Darfur as 
       Whereas in 2011, when conflict resumed in South Kordofan 
     and Blue Nile states, President al-Bashir's government 
     conducted indiscriminate bombings, raided villages, raped and 
     killed civilians, and waged a campaign of forced starvation 
     in the Nuba Mountains region of South Kordofan that displaced 
     as many as 2,000,000 people;
       Whereas, while the fighting between government forces and 
     insurgents in Darfur has subsided since 2016, violent attacks 
     against civilians continue and humanitarian access remains 
     restricted in some opposition stronghold areas of Darfur, 
     South Kordofan, and Blue Nile;
       Whereas President al-Bashir remains the subject of 2 
     outstanding arrest warrants from the International Criminal 
     Court based on charges that include 5 counts of crimes 
     against humanity, 2 counts of war crimes, and 3 counts of 
       Whereas Sudan's economic crisis risks bringing the national 
     economy to total collapse, further increasing the possibility 
     of state failure and broader regional destabilization that 
     could threaten a wide array of United States' interests in 
     East and North Africa and the Red Sea regions;
       Whereas the people of Sudan have engaged since December 
     2018 in a wave of peaceful protests throughout the country, 
     demanding an end to President al-Bashir's brutal regime and 
     pressing for a citizen-centered democratic transition;
       Whereas women have played a prominent role in the protest 
     movement and have helped to bring about the ouster of former 
     President al-Bashir;
       Whereas President al-Bashir's government unlawfully 
     detained and tortured hundreds of Sudanese during the 
     protests, including political leaders, journalists, doctors, 
     unionists, and youth and women leaders, in gross violation of 
     international civil and human rights, some of whom remain in 
       Whereas on February 22, 2019, President al-Bashir declared 
     a year-long nationwide state of emergency and curfew, 
     dissolved his government, replaced state governors with 
     senior security officers, and expanded the powers of Sudan's 
     security forces;
       Whereas when protesters in early April 2019 challenged 
     President al-Bashir's decrees and gathered in the tens of 
     thousands in front of Sudan's military headquarters in 
     Khartoum to call for an end to the al-Bashir regime, some 
     elements of the security forces tried to disperse the crowds 
     with violence, leading to clashes between internal security 
     forces and the military as some soldiers sought to protect 
     the protesters;
       Whereas on April 11, 2019, after 5 days of mass protests in 
     front of their headquarters, Sudan's military removed 
     President al-Bashir from office, and the country's First Vice 
     President and Minister of Defense, Lt. General Awad Ibn Auf--
       (1) announced that he would lead a Transitional Military 
     Council that would rule the country for a 2-year period;
       (2) suspended the Constitution;
       (3) the dissolved the National Assembly; and
       (4) imposed a 3-month State of Emergency and nightly 
       Whereas Lt. General Abdel-Fattah al-Burhan, former general 
     inspector of the Sudanese Armed Forces, who replaced Lt. 
     General Ibn Auf on April 12, 2019, as the chairman of the 
     Transitional Military Council, said, on April 21, 2019, that 
     the council was ``ready to hand over power tomorrow to a 
     civilian government agreed by political forces'';
       Whereas the Rapid Support Forces, paramilitary forces led 
     by Lt. General Mohammed Hamdan Dagolo (also known as 
     ``Hemmeti''), a former Janjaweed leader who currently serves 
     as the deputy chairman of the Transitional Military Council--
       (1) have been implicated by the United Nations Panel of 
     Experts in widespread violations of international 
     humanitarian law that human rights groups suggest may amount 
     to war crimes; and
       (2) have been accused of killing protesters during the 
     recent uprising;
       Whereas, the African Union Peace and Security Council 
     convened on April 30, 2019, and reiterated its conviction 
     that ``a military-led transition in Sudan will be totally 
     unacceptable and contrary to the will and legitimate 
     aspirations'' of the Sudanese people, expressed ``deep 
     regret'' that the military had not stepped aside, and, noting 
     negotiations were underway, demanded that the military hand 
     over power to a civilian-led transitional authority within 60 
       Whereas on June 3, 2019, the Rapid Support Forces led a 
     brutal attack on peaceful protesters, with the aim of 
     eradicating a large sit-in site in front of Sudan's military 
     headquarters in Khartoum, which resulted in more than 100 
     deaths, hundreds of injuries, several cases of rape, 
     indiscriminate beatings and shooting of unarmed protesters, 
     and other human rights abuses;
       Whereas, the Khartoum massacre on June 3, 2019, was 
     followed by a nationwide crackdown led by the Rapid Support 
     Forces against peaceful protesters and civilians that 
       (1) violent attacks on citizens in Khartoum and other major 
       (2) the brutal detention of protesters and opposition 
     leaders like Yasir Arman, with many disappearances of those 
       (3) the targeting of hospitals and medical workers caring 
     for the injured; and
       (4) the overt attempts by Sudanese authorities to cover-up 
     the scale of their atrocities by dumping bodies in the Nile 
     river and shutting off access to the Internet; and
       Whereas, the international community has widely condemned 
     the actions of the Rapid Support Forces, with the African 
     Union's Peace and Security Council voting on June 6, 2019, to 
     suspend Sudan from all African Union activities until a 
     civilian government is formed, and United Nations' experts 
     appointed by the United Nations Human Rights Council, on June 
     12, 2019, calling for an independent investigation into the 
     violence against protesters in Sudan: Now, therefore, be it