I

103D CONGRESS

1ST SESSION H. R. 2259

To amend the Immigration and Nationality Act to provide for the adjustment

of levels of immigration to reflect changes in the unemployment rate

of the United States.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1993

Mr. SMITH of Texas introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide

for the adjustment of levels of immigration to reflect

changes in the unemployment rate of the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Unemployment-Based

5 Immigration Adjustment Act of 1993’’.
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1 SEC. 2. ADJUSTMENT OF WORLDWIDE LEVEL OF IMMIGRA2 TION.

3 (a) FAMILY-SPONSORED IMMIGRANTS.—Section

4 201(c) of the Immigration and Nationality Act (8 U.S.C.

5 1151(c)) is amended—

6 (1) in paragraph (1)(A), by inserting ‘‘and

7 paragraph (4)’’ after ‘‘subparagraph (B)’’;

8 (2) in paragraph (1)(B)(ii), by striking ‘‘In no

9 case’’ and inserting ‘‘Subject to paragraph (4), in no

10 case’’; and

11 (3) by adding at the end the following:

12 ‘‘(4)(A) If for a calender year (beginning with 1993)

13 the unemployment rate (as defined in subparagraph (D))

14 is—

15 ‘‘(i) greater than 0.5 percent above the unem16 ployment rate for 1990, the worldwide number of

17 family-sponsored immigrants under this subsection

18 for the fiscal year beginning after that shall be re19 duced by the percentage described in subparagraph

20 (B) for that calendar year; or

21 ‘‘(ii) less than 0.5 percent below the unemploy22 ment rate for 1990, the worldwide number of family23 sponsored immigrants under this subsection for the

24 fiscal year beginning after that shall be increased by

25 the percentage described in subparagraph (C) for

26 that calendar year.
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1 ‘‘(B) The percentage described in this subparagraph

2 for a calendar year is—

3 ‘‘(i) the percent by which the unemployment

4 rate in the year exceeds the unemployment rate for

5 1990, divided by

6 ‘‘(ii) the unemployment rate for 1990,

7 expressed as a percentage.

8 ‘‘(C) The percentage described in this subparagraph

9 for a calendar year is—

10 ‘‘(i) the percent by which the unemployment

11 rate for 1990 exceeds the unemployment rate in the

12 year, divided by

13 ‘‘(ii) the unemployment rate for 1990,

14 expressed as a percentage.

15 ‘‘(D) In this section, the term ‘unemployment rate’

16 means, the unemployment rate for the United States for

17 a calendar year as determined by the Bureau of Labor

18 Statistics.’’.

19 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section

20 201(d) of such Act (8 U.S.C. 1151(d)) is amended—

21 (1) in paragraph (1) by inserting ‘‘, subject to

22 paragraph (3), after ‘‘for a fiscal year’’; and

23 (2) by adding at the end the following:
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1 ‘‘(3) If for a calender year (beginning with 1993) the

2 unemployment rate (as defined in subsection (c)(4)(D))

3 is—

4 ‘‘(A) greater than 0.5 percent above the unem5 ployment rate for 1990, the worldwide number of

6 employment-based immigrants under this subsection

7 for the fiscal year beginning after that shall be re8 duced by the percentage described in subsection

9 (c)(4)(B) for that calendar year; or

10 ‘‘(B) less than 0.5 percent below the unemploy11 ment rate for 1990, the worldwide number of em12 ployment-based immigrants under this subsection for

13 the fiscal year beginning after that shall be in14 creased by the percentage described in subsection

15 (c)(4)(C) for that calendar year.’’.

16 (c) DIVERSITY IMMIGRANTS.—Section 201(e) of such

17 Act (8 U.S.C. 1151(e)) is amended—

18 (1) by striking ‘‘The’’ and inserting ‘‘(1) Sub19 ject to paragraph (2), the’’; and

20 (2) by adding at the end the following:

21 ‘‘(3) If for a calendar year (beginning with 1994) the

22 unemployment rate (as defined in subsection (c)(4)(D))

23 is—

24 ‘‘(A) greater than 0.5 percent above the unem25 ployment rate for 1990, the worldwide number of di-
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1 versity immigrants under this subsection for the fis2 cal year beginning after that shall be reduced by the

3 percentage described in subsection (c)(4)(B) for that

4 calendar year; or

5 ‘‘(B) less than 0.5 percent below the unemploy6 ment rate for 1990, for the fiscal year beginning in

7 the following year the worldwide number of diversity

8 immigrants under this subsection shall be increased

9 by the percentage described in subsection (c)(4)(C)

10 for that calendar year.’’.

11 (d) DIVERSITY TRANSITION FOR ALIENS WHO ARE

12 NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN

13 STATES.—Section 132 of the Immigration Act of 1990 is

14 amended—

15 (1) in subsection (a) by striking ‘‘Act,’’ and in16 serting ‘‘Act and subject to subsection (g),’’; and

17 (2) by adding at the end the following:

18 ‘‘(g) ADJUSTMENT BASED ON UNEMPLOYMENT

19 RATE.—(1) If for a calendar year (beginning with 1993)

20 the unemployment rate (as defined in paragraph (2)) is—

21 ‘‘(1) greater than 0.5 percent above the unem22 ployment rate for 1990, the number of visas made

23 available under subsection (a) for the fiscal year be24 ginning after that shall be reduced by the percentage
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1 described in section 201(c)(4)(B) of the Immigration

2 and Nationality Act for that calendar year; or

3 ‘‘(2) less than 0.5 percent below the unemploy4 ment rate for 1990, the number of visas made avail5 able under subsection (a) for the fiscal year begin6 ning after that shall be increased by the percentage

7 described in section 201(c)(4)(C) of that Act for

8 that calendar year.

9 ‘‘(2) In this subsection, the term ‘unemployment rate’

10 means, the unemployment rate for the United States for

11 a calendar year as determined by the Bureau of Labor

12 Statistics.’’.

13 (e) EFFECTIVE DATE.—The amendments made by

14 this section shall apply to adjustments of numerical limita15 tions for fiscal years beginning with fiscal year 1994.

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