[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1374 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1374

 To amend the Immigration and Nationality Act to permit aliens who are 
independent living assistants to be accorded status as J nonimmigrants 
  to provide in-home living and home support services to adults with 
                             disabilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

     Mr. Cooper (for himself, Mr. Foley, Mr. Wamp, and Mr. Gordon) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to permit aliens who are 
independent living assistants to be accorded status as J nonimmigrants 
  to provide in-home living and home support services to adults with 
                             disabilities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Living Assistance Access 
Act of 2005''.

SEC. 2. ACCORDING OF STATUS AS J NONIMMIGRANTS TO ALIENS WHO ARE 
              INDEPENDENT LIVING ASSISTANTS TO PROVIDE IN-HOME LIVING 
              AND HOME SUPPORT SERVICES TO ADULTS WITH DISABILITIES.

    (a) In General.--Paragraph (15)(J) of section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by 
inserting ``independent living assistant,'' after ``specialist,''.
    (b) Definition.--Such section is further amended by adding at the 
end the following new paragraphs:
            ``(51) The term `independent living assistant' means an 
        individual who provides in-home living and home support 
        services to an adult with disabilities.
            ``(52) The term `in-home living and home support services' 
        means services related to personal care (including assistance 
        with walking, bathing, dressing, and eating), homemaker 
        services (including assistance with shopping, meal preparation, 
        and light housekeeping), and the performance of routine 
        household chores (including house cleaning and yard work). Such 
        term does not include medical care or any other health service 
        required to be provided by a licensed health professional or 
        provided under the direction of a physical or occupational 
        therapist.''.
    (c) Training.--An alien who is accorded status as a nonimmigrant 
under section 101(a)(15)(J) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(J)) as an independent living assistant (as defined 
in section 101(a)(51) of such Act (8 U.S.C. 1101 et seq.), as added by 
subsection (b)), shall receive, prior to placement, appropriate 
training related to the provision of in-home living and home support 
services (as defined in section 101(a)(52) of such Act, as added by 
such subsection). Such training shall include training for specific 
specialized in-home living and home support services in the case of an 
independent living assistant who is assisting an adult with a 
disability who requires such specific specialized services.
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