Sec. 204. Contingent increase in visa number availability
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Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ), as amended by this Act, is further amended by adding at the end the following: In the event all visas made available under subparagraph
(A)have been made available to qualified immigrants in a fiscal year, an additional 10,000 visas shall be made available to qualified immigrants as described in subparagraph
(A)for that fiscal year, unless a joint resolution as described below is enacted. For purposes of this subparagraph, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which all visas made available under subparagraph
(A)have been made available to qualified immigrants in a fiscal year and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress finds that an increase in visa number availability for qualified immigrants under section 203(b)(5) is not needed and that additional visas provided in subparagraph
(K)of that section will not take effect. . A joint resolution described in clause
(i)shall be referred to the Committee on the Judiciary in each House of Congress. In the Senate, if the Committee on the Judiciary has not reported such joint resolution as described in clause
(i)(or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. In the Senate, when the Committee on the Judiciary has reported, or when such committee is discharged (under clause (iii)) from further consideration of a joint resolution described in clause (i), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. In the Senate, immediately following the conclusion of the debate on a joint resolution described in clause (i), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in clause
(i)shall be decided without debate. In the House of Representatives, if the Committee on the Judiciary has not reported a joint resolution as described in clause
(i)to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up such joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. If, before the passage by one House of a joint resolution of that House described in clause (i), that House receives from the other House a joint resolution described in clause (i), then the following procedures shall apply: The joint resolution of the other House shall not be referred to a committee. With respect to a joint resolution described in clause
(i)of the House receiving the joint resolution— the procedure in that House shall be the same as if no joint resolution had been received from the other House; but the vote on final passage shall be on the joint resolution of the other House. In addition to the opportunity for review otherwise provided under this subparagraph, in the case that the date on which all visas made available under subparagraph
(A)have been made available to qualified immigrants occurs during the period beginning on the date occurring— in the case of the Senate, 60 session days; or in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, clauses
(i)to
(vi)shall apply in the succeeding session of Congress. In applying clauses
(i)to
(vi)for purposes of such additional review, the date described under clause
(vii)shall be treated as though such date occurred— in the case of the Senate, the 15th session day; or in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes. .
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Sec. 204
Contingent increase in visa number availability
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