S.Amdt. 3243

SA 3243. Mr. LAUTENBERG (for himself, Mr. Reid, Mr. Menendez, and
Mrs. Clinton) submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE --FAMILY HUMANITARIAN RELIEF

SEC __1. SHORT TITLE.

This title may be cited as the ``September 11 Family
Humanitarian Relief and Patriotism Act''.

SEC. __02. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT
VICTIMS OF TERRORISM.

(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment not later than 2 years
after the date on which the Secretary promulgates final
regulations to implement this section; and
(B) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Rules in applying certain provisions.--
(A) In general.--In the case of an alien described in
subsection (b) who is applying for adjustment of status under
this section--
(i) the provisions of section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply;
and
(ii) the Secretary of Homeland Security may grant the alien
a waiver on the grounds of inadmissibility under
subparagraphs (A) and (C) of section 212(a)(9) of such Act (8
U.S.C. 1182(a)(9)).
(B) Standards.--In granting waivers under subparagraph
(A)(ii), the Secretary shall use standards used in granting
consent under subparagraphs (A)(iii) and (C)(ii) of such
section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the United
States who has been ordered excluded, deported, removed, or
ordered to depart voluntarily from the United States under
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) may, notwithstanding such order, apply
for adjustment of status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate such order.
(C) Effect of decision.--If the Secretary of Homeland
Security grants a request under subparagraph (A), the
Secretary shall cancel the order. If the Secretary renders a
final administrative decision to deny the request, the order
shall be effective and enforceable to the same extent as if
the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
such date; and
(B) died as a direct result of a specified terrorist
activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
establish, by regulation, a process by which an alien subject
to a final order of removal may seek a stay of such order
based on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Secretary of Homeland Security shall not
order any alien to be removed from the United States, if the
alien is in removal proceedings under any provision of such
Act and has applied for adjustment of status under subsection
(a), except where the Secretary has rendered a final
administrative determination to deny the application.
(3) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Availability of Administrative Review.--The Secretary
of Homeland Security shall provide to applicants for
adjustment of status under subsection (a) the same right to,
and procedures for, administrative review as are provided
to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).

SEC. __03. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT
VICTIMS OF TERRORISM.

(a) In General.--Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act (8 U.S.C. 1229b), the Secretary of Homeland
Security shall, under such section 240A, cancel the removal
of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien described in subsection
(b), if the alien applies for such relief.
(b) Aliens Eligible for Cancellation of Removal.--The
benefits provided by subsection (a) shall apply to any alien
who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as
a direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order
of removal to seek a stay of such order based on the filing
of an application under subsection (a).
(2) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for cancellation of
removal under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Motions to Reopen Removal Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen removal proceedings (except
limitations premised on an alien's conviction of an
aggravated felony (as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any
alien who has become eligible for cancellation of removal as
a result of the enactment of this section may file 1 motion
to reopen removal proceedings to apply for such relief.
(2) Filing period.--The Secretary of Homeland Security
shall designate a specific time period in which all such
motions to reopen are required to be filed. The period shall
begin not later than 60 days after the date of enactment of
this Act and shall extend for a period not to exceed 240
days.

SEC. __04. EXCEPTIONS.

Notwithstanding any other provision of this title, an alien
may not be provided relief under this title if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any
individual culpable for a specified terrorist activity; or
(2) a family member of an alien described in paragraph (1).

SEC. __05. EVIDENCE OF DEATH.

For purposes of this title, the Secretary of Homeland
Security shall use the standards established under section
426 of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in
determining whether death occurred as a direct result of a
specified terrorist activity.

SEC. __06. DEFINITIONS.

(a) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this title, the definitions used in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than the
definitions applicable exclusively to title III of such Act,
shall apply in the administration of this title.
(b) Specified Terrorist Activity.--For purposes of this
title, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.
______