H.R. 1790 – Reading Mode

110th CONGRESS

1st Session

H. R. 1790

IN THE HOUSE OF REPRESENTATIVES

March 29, 2007

Mr. Fortenberry (for himself and Mr. Berman) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the National Defense Authorization Act for Fiscal Year 2006 to expand the provision of special immigrant status for certain aliens, including translators or interpreters, serving with Federal agencies in Iraq and Afghanistan.

Special immigrant status for certain aliens, including translators and interpreters, serving with Federal agencies in Iraq and Afghanistan

(a)

Increase in numbers admitted and aliens eligible

(1)

In general

Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended—

(A)

in the heading, by striking as translators with united states armed forces and inserting with federal agencies in Iraq and Afghanistan;

(B)

in subsection (b)(1)—

(i)

in subparagraph (B), by striking as a translator and inserting , or under Chief of Mission authority, as a translator, interpreter, or other capacity ;

(ii)

in subparagraph (C), by inserting the Chief of Mission or after recommendation from; and

(iii)

in subparagraph (D), by inserting the Chief of Mission or after as determined by; and

(C)

in subsection (c)(1), by inserting (or, beginning with fiscal year 2007, 500 or such greater number as the Secretary of Homeland Security determines is warranted by the circumstances) after 50.

(2)

Review

If the circumstances warrant, the Secretary of Homeland Security, in consultation with the Secretary of State, shall review the numerical limitation established under section 1059(c)(1) of such Act, as amended by paragraph (1)(B), and may submit a report to Congress recommending an increase in such limitation.

(3)

Report

The Secretary of Homeland Security shall submit to Congress a report whenever the Secretary increases, under subsection (c)(1) of section 1059 of such Act, as amended by paragraph (1)(B), the number of aliens provided special immigrant status under under such section. Such report shall include an explanation of the circumstances warranting such increase.

(b)

Exclusion from numerical limitation

Section 1059(c)(2) of such Act is amended—

(1)

in the heading, by striking Counting against and inserting Exclusion from; and

(2)

by inserting before the period at the end the following: but shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of such Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).

(c)

Adjustment of status

Section 1059 of such Act is further amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following:

(d)

Adjustment of status

Notwithstanding paragraphs (2), (7), and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful permanent resident under section 245(a) of such Act if the alien—

(1)

was paroled or admitted as a nonimmigrant into the United States; and

(2)

is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act.

(d)

Refugee assistance eligibility

Section 1059 of such Act, as amended by subsection (c), is further amended—

(1)

by redesignating (e) as subsection (f); and

(2)

by inserting after subsection (d) the following:

(e)

Eligibility for refugee assistance

Any alien provided special immigrant status under this section shall be eligible for benefits under chapter 2 of title IV of the Immigration and Nationality Act to the same extent as individuals admitted (or awaiting admission) to the United States under section 207 of such Act are eligible for benefits under such chapter.

(e)

Sunset provision

Section 1059 of such Act, as amended by subsections (c) and (d), is further amended by adding at the end the following:

(g)

Sunset provision

(1)

In general

This section is repealed on the date that is 3 years after the date of the enactment of this subsection.

(2)

Applicability

Notwithstanding paragraph (1), the Secretary of Homeland Security may provide an alien with the status of a special immigrant under this section if—

(A)

the alien’s petition for such status was pending before the date described in paragraph (1); and

(B)

the alien was eligible for such status at the time the petition was filed.