[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3827 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 3827


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2005

                                Received

                            January 27, 2006

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To preserve certain immigration benefits for victims of Hurricane 
                    Katrina, and for other purposes.

    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 ``Immigration Relief for Hurricane 
Katrina Victims Act of 2005''.

SEC. 2. SPECIAL IMMIGRANT STATUS.

    (a) In General.--For purposes of the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may 
provide an alien described in subsection (b) with the status of a 
special immigrant under section 101(a)(27) of such Act (8 U.S.C. 
1101(a(27)), if the alien--
            (1) files with the Secretary of Homeland Security a 
        petition under section 204 of such Act (8 U.S.C. 1154) for 
        classification under section 203(b)(4) of such Act (8 U.S.C. 
        1153(b)(4)); and
            (2) is otherwise eligible to receive an immigrant visa and 
        is otherwise admissible to the United States for permanent 
        residence, except in determining such admissibility, the 
        grounds for inadmissibility specified in section 212(a)(4) of 
        such Act (8 U.S.C. 1182(a)(4)) shall not apply.
    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if--
                    (A) the alien was the beneficiary of--
                            (i) a petition that was filed with the 
                        Secretary of Homeland Security on or before 
                        August 29, 2005--
                                    (I) under section 204 of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1154) to classify the alien as a 
                                family-sponsored immigrant under 
                                section 203(a) of such Act (8 U.S.C. 
                                1153(a)) or as an employment-based 
                                immigrant under section 203(b) of such 
                                Act (8 U.S.C. 1153(b)); or
                                    (II) under section 214(d) (8 U.S.C. 
                                1184(d)) of such Act to authorize the 
                                issuance of a nonimmigrant visa to the 
                                alien under section 101(a)(15)(K) of 
                                such Act (8 U.S.C. 1101(a)(15)(K)); or
                            (ii) an application for labor certification 
                        under section 212(a)(5)(A) of such Act (8 
                        U.S.C. 1182(a)(5)(A)) that was filed under 
                        regulations of the Secretary of Labor on or 
                        before such date; and
                    (B) such petition or application was revoked or 
                terminated (or otherwise rendered null), either before 
                or after its approval, due to a specified hurricane 
                disaster that had as a consequence--
                            (i) the death or disability of the 
                        petitioner, applicant, or alien beneficiary; or
                            (ii) loss of employment due to physical 
                        damage to, or destruction of, the business of 
                        the petitioner or applicant.
            (2) Spouses and children.--
                    (A) In general.--An alien is described in this 
                subsection if--
                            (i) the alien was, on August 29, 2005, the 
                        spouse or child of a principal alien described 
                        in paragraph (1); and
                            (ii) the alien--
                                    (I) is accompanying such principal 
                                alien; or
                                    (II) is following to join such 
                                principal alien not later than August 
                                29, 2007.
                    (B) Construction.--For purposes of construing the 
                terms ``accompanying'' and ``following to join'' in 
                subparagraph (A)(ii), any death of a principal alien 
                that is described in paragraph (1)(B)(i) shall be 
                disregarded.
            (3) Grandparents of orphans.--An alien is described in this 
        subsection if the alien is a grandparent of a child, both of 
        whose parents died as a consequence of a specified hurricane 
        disaster, if either of such deceased parents was, on August 29, 
        2005 a citizen or national of the United States or an alien 
        lawfully admitted for permanent residence in the United States.
    (c) Priority Date.--Immigrant visas made available under this 
section shall be issued to aliens in the order in which a petition on 
behalf of each such alien is filed with the Secretary of Homeland 
Security under subsection (a)(1), except that if an alien was assigned 
a priority date with respect to a petition described in subsection 
(b)(1)(A)(i), the alien may maintain that priority date.
    (d) Numerical Limitations.--For purposes of the application of 
sections 201 through 203 of the Immigration and Nationality Act (8 
U.S.C. 1151-1153) in any fiscal year, aliens eligible to be provided 
status under this section shall be treated as special immigrants 
described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who 
are not described in subparagraph (A), (B), (C), or (K) of such 
section.

SEC. 3. EXTENSION OF FILING OR REENTRY DEADLINES.

    (a) Automatic Extension of Nonimmigrant Status.--
            (1) In general.--Notwithstanding section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184), in the case of 
        an alien described in paragraph (2) who was lawfully present in 
        the United States as a nonimmigrant on August 29, 2005, the 
        alien may remain lawfully in the United States in the same 
        nonimmigrant status until the later of--
                    (A) the date such lawful nonimmigrant status 
                otherwise would have terminated if this subsection had 
                not been enacted; or
                    (B) 1 year after the death or onset of disability 
                described in paragraph (2).
            (2) Aliens described.--
                    (A) Principal aliens.--An alien is described in 
                this paragraph if the alien was disabled as a 
                consequence of a specified hurricane disaster.
                    (B) Spouses and children.--An alien is described in 
                this paragraph if the alien was, on August 29, 2005, 
                the spouse or child of--
                            (i) a principal alien described in 
                        subparagraph (A); or
                            (ii) an alien who died as a consequence of 
                        a specified hurricane disaster.
            (3) Authorized employment.--During the period in which a 
        principal alien or alien spouse is in lawful nonimmigrant 
        status under paragraph (1), the alien shall be provided an 
        ``employment authorized'' endorsement or other appropriate 
        document signifying authorization of employment not later than 
        30 days after the alien requests such authorization.
    (b) New Deadlines for Extension or Change of Nonimmigrant Status.--
            (1) Filing delays.--In the case of an alien who was 
        lawfully present in the United States as a nonimmigrant on 
        August 29, 2005, if the alien was prevented from filing a 
        timely application for an extension or change of nonimmigrant 
        status due to a circumstance described in paragraph (3)(A) that 
        is a consequence of a specified hurricane disaster, the alien's 
        application shall be considered timely filed if it is filed not 
        later than 180 days after it otherwise would have been due.
            (2) Departure delays.--In the case of an alien who was 
        lawfully present in the United States as a nonimmigrant on 
        August 29, 2005, if the alien was prevented from timely 
        departing the United States due to a circumstance described in 
        paragraph (3)(B) that is a consequence of a specified hurricane 
        disaster, the alien shall not be considered to have been 
        unlawfully present in the United States during the period 
        beginning on August 30, 2005, and ending on the date of the 
        alien's departure, if such departure occurs on or before 
        December 31, 2005.
            (3) Circumstances preventing timely action.--
                    (A) Filing delays.--For purposes of paragraph (1), 
                circumstances preventing an alien from filing a timely 
                application are--
                            (i) injury;
                            (ii) office closures;
                            (iii) mail or courier service cessations or 
                        delays; and
                            (iv) other closures, cessations, or delays 
                        affecting case processing or travel necessary 
                        to satisfy legal requirements.
                    (B) Departure delays.--For purposes of paragraph 
                (2), circumstances preventing an alien from timely 
                departing the United States are--
                            (i) injury;
                            (ii) office closures;
                            (iii) airline flight cessations or delays; 
                        and
                            (iv) other closures, cessations, or delays 
                        affecting case processing or travel necessary 
                        to satisfy legal requirements.
    (c) Diversity Immigrants.--
            (1) Waiver of fiscal year limitation.--Notwithstanding 
        section 203(e)(2) of the Immigration and Nationality Act (8 
        U.S.C. 1153(e)(2)), an immigrant visa number issued to an alien 
        under section 203(c) of such Act for fiscal year 2005 may be 
        used by the alien during the period beginning on October 1, 
        2005, and ending on April 1, 2006, if the alien establishes 
        that the alien was prevented from using it during fiscal year 
        2005 due to a circumstance described in paragraph (4) that is a 
        consequence of a specified hurricane disaster.
            (2) Worldwide level.--In the case of an alien entering the 
        United States as a lawful permanent resident, or adjusting to 
        that status, under paragraph (1) or (3), the alien shall be 
        counted as a diversity immigrant for fiscal year 2005 for 
        purposes of section 201(e) of the Immigration and Nationality 
        Act (8 U.S.C. 1151(e)), unless the worldwide level under such 
        section for such year has been exceeded, in which case the 
        alien shall be counted as a diversity immigrant for fiscal year 
        2006.
            (3) Treatment of family members of certain aliens.--In the 
        case of a principal alien issued an immigrant visa number under 
        section 203(c) of the Immigration and Nationality Act (8 U.S.C. 
        1153(c)) for fiscal year 2005, if such principal alien died as 
        a consequence of a specified hurricane disaster, the aliens who 
        were, on August 29, 2005, the spouse and children of such 
        principal alien shall, until June 30, 2006, if not otherwise 
        entitled to an immigrant status and the immediate issuance of a 
        visa under subsection (a), (b), or (c) of section 203 of such 
        Act, be entitled to the same status, and the same order of 
        consideration, that would have been provided to such alien 
        spouse or child under section 203(d) of such Act as if the 
        principal alien were not deceased and as if the spouse or 
        child's visa application had been adjudicated by September 30, 
        2005.
            (4) Circumstances preventing timely action.--For purposes 
        of paragraph (1), circumstances preventing an alien from using 
        an immigrant visa number during fiscal year 2005 are--
                    (A) office closures;
                    (B) mail or courier service cessations or delays;
                    (C) airline flight cessations or delays; and
                    (D) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.
    (d) Extension of Expiration of Immigrant Visas.--
            (1) In general.--Notwithstanding the limitations under 
        section 221(c) of the Immigration and Nationality Act (8 U.S.C. 
        1201(c)), in the case of any immigrant visa issued to an alien 
        that expires or expired before February 26, 2006 if the alien 
        was unable to effect entry into the United States due to a 
        circumstance described in paragraph (2) that is a consequence 
        of a specified hurricane disaster, then the period of validity 
        of the visa is extended until February 26, 2006, unless a 
        longer period of validity is otherwise provided under this Act.
            (2) Circumstances preventing entry.--For purposes of 
        paragraph (1), circumstances preventing an alien from effecting 
        entry into the United States are--
                    (A) destruction of, or damage rendering 
                uninhabitable, the intended residence of the alien;
                    (B) a legal prohibition on inhabiting or accessing 
                the intended residence of the alien;
                    (C) office closures;
                    (D) airline flight cessations or delays; and
                    (E) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.
    (e) Grants of Parole Extended.--
            (1) In general.--In the case of any parole granted by the 
        Secretary of Homeland Security under section 212(d)(5) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) that 
        expires on a date on or after August 26, 2005, if the alien 
        beneficiary of the parole was unable to return to the United 
        States prior to the expiration date due to a circumstance 
        described in paragraph (2) that is a consequence of a specified 
        hurricane disaster, the parole is deemed extended for an 
        additional 90 days.
            (2) Circumstances preventing return.--For purposes of 
        paragraph (1), circumstances preventing an alien from timely 
        returning to the United States are--
                    (A) office closures;
                    (B) airline flight cessations or delays; and
                    (C) other closures, cessations, or delays affecting 
                case processing or travel necessary to satisfy legal 
                requirements.
    (f) Voluntary Departure.--Notwithstanding section 240B of the 
Immigration and Nationality Act (8 U.S.C. 1229c), if a period for 
voluntary departure of an alien under such section expired during the 
period beginning on August 26, 2005, and ending on October 26, 2005, 
and the alien was unable voluntarily to depart as a consequence of a 
specified hurricane disaster, such voluntary departure period is deemed 
extended for an additional 60 days.

SEC. 4. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND CHILDREN.

    (a) Treatment as Immediate Relatives.--
            (1) Spouses.--Notwithstanding the second sentence of 
        section 201(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was 
        the spouse of a citizen of the United States at the time of the 
        citizen's death and was not legally separated from the citizen 
        at the time of the citizen's death, if the citizen died as a 
        consequence of a specified hurricane disaster, the alien (and 
        each child of the alien) shall be considered, for purposes of 
        section 201(b) of such Act, to be an immediate relative after 
        the date of the citizen's death, but only if the alien files a 
        petition under section 204(a)(1)(A)(ii) of such Act within 2 
        years after such date and only until the date the alien 
        remarries. For purposes of such section 204(a)(1)(A)(ii), an 
        alien granted relief under the preceding sentence shall be 
        considered an alien spouse described in the second sentence of 
        section 201(b)(2)(A)(i) of such Act.
            (2) Children.--
                    (A) In general.--In the case of an alien who was 
                the child of a citizen of the United States at the time 
                of the citizen's death, if the citizen died as a 
                consequence of a specified hurricane disaster, the 
                alien shall be considered, for purposes of section 
                201(b) of the Immigration and Nationality Act (8 U.S.C. 
                1151(b)), to remain an immediate relative after the 
                date of the citizen's death (regardless of changes in 
                age or marital status thereafter), but only if the 
                alien (or a parent or guardian of the alien) files a 
                petition under subparagraph (B) within 2 years after 
                such date.
                    (B) Petitions.--An alien (or parent or guardian) 
                described in subparagraph (A) may file a petition with 
                the Secretary of Homeland Security for classification 
                of the alien under section 201(b)(2)(A)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1151(b)(2)(A)(i)). For purposes of such Act, such a 
                petition shall be considered a petition filed under 
                section 204(a)(1)(A) of such Act (8 U.S.C. 
                1154(a)(1)(A)).
            (3) Unconditional status.--An alien who obtains the status 
        of an alien lawfully admitted for permanent residence pursuant 
        to this subsection shall not be considered to have obtained 
        such status on a conditional basis, and shall not be subject to 
        section 216 of the Immigration and Nationality Act (8 U.S.C. 
        1186a).
    (b) Spouses, Children, Unmarried Sons and Daughters of Lawful 
Permanent Resident Aliens.--
            (1) In general.--Any spouse, child, or unmarried son or 
        daughter of an alien described in paragraph (3) who is included 
        in a petition for classification as a family-sponsored 
        immigrant under section 203(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(a)(2)) that was filed by such 
        alien before August 29, 2005, shall be considered (if the 
        spouse, child, son, or daughter has not been admitted or 
        approved for lawful permanent residence by such date) a valid 
        petitioner for preference status under such section with the 
        same priority date as that assigned prior to the death 
        described in paragraph (3)(A). No new petition shall be 
        required to be filed. Such spouse, child, son, or daughter may 
        be eligible for deferred action and work authorization.
            (2) Self-petitions.--Any spouse, child, or unmarried son or 
        daughter of an alien described in paragraph (3) who is not a 
        beneficiary of a petition for classification as a family-
        sponsored immigrant under section 203(a)(2) of the Immigration 
        and Nationality Act may file a petition for such classification 
        with the Secretary of Homeland Security, if the spouse, child, 
        son, or daughter was present in the United States on August 29, 
        2005. Such spouse, child, son, or daughter may be eligible for 
        deferred action and work authorization.
            (3) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a consequence of a specified hurricane 
                disaster; and
                    (B) on the day of such death, was lawfully admitted 
                for permanent residence in the United States.
            (4) Unconditional status.--An alien who obtains the status 
        of an alien lawfully admitted for permanent residence pursuant 
        to this subsection shall not be considered to have obtained 
        such status on a conditional basis, and shall not be subject to 
        section 216 of the Immigration and Nationality Act (8 U.S.C. 
        1186a).
    (c) Applications for Adjustment of Status by Surviving Spouses and 
Children of Employment-Based Immigrants.--
            (1) In general.--Any alien who was, on August 29, 2005, the 
        spouse or child of an alien described in paragraph (2), and who 
        applied for adjustment of status prior to the death described 
        in paragraph (2)(A), may have such application adjudicated as 
        if such death had not occurred.
            (2) Aliens described.--An alien is described in this 
        paragraph if the alien--
                    (A) died as a consequence of a specified hurricane 
                disaster; and
                    (B) on the day before such death, was--
                            (i) an alien lawfully admitted for 
                        permanent residence in the United States by 
                        reason of having been allotted a visa under 
                        section 203(b) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)); or
                            (ii) an applicant for adjustment of status 
                        to that of an alien described in clause (i), 
                        and admissible to the United States for 
                        permanent residence.
    (d) Applications for Asylum or Admission as Refugee by Surviving 
Spouses and Children of Asylees and Refugees.--
            (1) Asylum.--
                    (A) In general.--Any alien who was, on August 29, 
                2005, the spouse or child of an individual described in 
                subparagraph (B), may have the alien's eligibility to 
                be granted asylum determined under section 208(b)(3) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1158(b)(3)) as if such individual had not died.
                    (B) Principals described.--An individual is 
                described in this subparagraph if the individual--
                            (i) died as a consequence of a specified 
                        hurricane disaster; and
                            (ii) before such death, was granted asylum 
                        under section 208 of such Act (8 U.S.C. 1158).
            (2) Admission as a refugee.--
                    (A) In general.--Any alien who was, on August 29, 
                2005, the spouse or child of an individual described in 
                subparagraph (B), may have the alien's eligibility to 
                be admitted to the United States as a refugee 
                determined under section 207(c)(2) of the Immigration 
                and Nationality Act (8 U.S.C. 1157(c)(2)) as if such 
                individual had not died.
                    (B) Principals described.--An individual is 
                described in this subparagraph if the individual--
                            (i) died as a consequence of a specified 
                        hurricane disaster; and
                            (ii) before such death, was admitted to the 
                        United States as a refugee under section 207 of 
                        such Act (8 U.S.C. 1157).
    (e) Waiver of Public Charge Grounds.--In determining the 
admissibility of any alien accorded an immigration benefit under this 
section, the grounds for inadmissibility specified in section 212(a)(4) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) shall not 
apply.

SEC. 5. NATURALIZATION.

    (a) In General.--With respect to an applicant for naturalization 
who resided, on August 29, 2005, within a portion of a district of U.S. 
Citizenship and Immigration Services that was declared by the President 
to be affected by a specified hurricane disaster, the Secretary of 
Homeland Security may administer the provisions of title III of the 
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) without regard 
to any provision of such title otherwise requiring residence to be 
maintained, or any other action to be taken, in any specific State or 
district of U.S. Citizenship and Immigration Services.
    (b) Court Authority to Administer Oaths.--Notwithstanding section 
310(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1421(b)(1)), 
with respect to an applicant for naturalization described in subsection 
(a), an eligible court (as defined in section 310(b)(5) of such Act (8 
U.S.C. 1421(b)(5))) may administer the oath of allegiance under section 
337(a) of such Act (8 U.S.C. 1448(a)) to the applicant regardless of 
whether the applicant is permanently residing within the jurisdiction 
of the court.

SEC. 6. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

    (a) In General.--In the case of an nonimmigrant alien described in 
subsection (b), the alien's nonimmigrant status shall be considered to 
have been maintained during the period beginning on August 29, 2005, 
and ending on February 1, 2006, if, on February 1, 2006, the alien is 
enrolled in a course of study, or participating in a designated 
exchange visitor program, sufficient to satisfy the terms and 
conditions of the alien's nonimmigrant status on August 29, 2005.
    (b) Aliens Described.--An alien is described in this subsection if 
the alien--
            (1) was, on August 29, 2005, lawfully present in the United 
        States in the status of a nonimmigrant described in 
        subparagraph (F), (J), or (M) of section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S. C. 1101(a)(15)); and
            (2) fails to satisfy a term or condition of such status as 
        a consequence of a specified hurricane disaster.

SEC. 7. NOTICES OF CHANGE OF ADDRESS.

    (a) In General.--In the case of any notice of change of address 
otherwise required to be submitted to the Secretary of Homeland 
Security by an alien described in subsection (b)--
            (1) if the notice relates to a change of address occurring 
        during the period beginning on August 29, 2005, and ending on 
        November 15, 2005, the alien shall have until December 1, 2005, 
        to submit such notice; and
            (2) if the notice relates to a change of address occurring 
        during the period beginning on November 16, 2005, and ending on 
        February 16, 2006, the alien shall have until February 28, 
        2006, to submit such notice.
    (b) Aliens Described.--An alien is described in this subsection if 
the alien--
            (1) resided, on August 29, 2005, within a district of U.S. 
        Citizenship and Immigration Services that was declared by the 
        President to be affected by a specified hurricane disaster; and
            (2) is required, under section 265 of the Immigration and 
        Nationality Act (8 U.S.C. 1305) or any other provision of law, 
        to notify the Secretary of Homeland Security in writing of a 
        change of address.

SEC. 8. TEMPORARY ADMINISTRATIVE RELIEF.

    The Secretary of Homeland Security, for humanitarian purposes or to 
ensure family unity, may provide temporary administrative relief to any 
alien who--
            (1) was lawfully present in the United States on August 29, 
        2005;
            (2) was on such date the spouse, parent, or child of an 
        individual who died or was disabled as a consequence of a 
        specified hurricane disaster; and
            (3) is not otherwise entitled to relief under any other 
        provision of this Act.

SEC. 9. EMPLOYMENT VERIFICATION DURING EFFECTIVENESS OF MAJOR DISASTER 
              DECLARATION.

    (a) In General.--Section 274A(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``The person'' and 
        inserting ``Subject to subparagraph (F), the person''; and
            (2) by adding at the end the following:
                    ``(F) Special rule during major disaster 
                declaration.--In a case in which the President has 
                declared a major disaster under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.), the Secretary of Homeland Security may 
                provide, in the Secretary's sole and unreviewable 
                discretion and only during the period in which such 
                declaration is in effect, that a person or other entity 
                hiring, recruiting, or referring an individual for 
                employment in the United States is not required to make 
                the attestation or conduct the verification required 
                under subparagraph (A) until, at the latest, 90 days 
                after the hiring, recruitment, or referral, if the 
                individual hired, recruited or referred attests under 
                penalty of perjury at the time of being hired, 
                recruited, or referred that the individual does not 
                possess the documents necessary to satisfy clause (i) 
                or (ii) of subparagraph (A) as a result of such 
                disaster.''.
    (b) Conforming Amendment.--Section 274A(b)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(b)(2)) is amended by adding at the 
end the following:
        ``Paragraph (1)(F) shall not be construed to affect the 
        obligation under the preceding sentence.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
hiring, recruitment, or referral of an individual for employment in the 
United States occurring on or after August 29, 2005.

SEC. 10. REPLACEMENT OF DOCUMENTS EVIDENCING IDENTITY AND EMPLOYMENT 
              AUTHORIZATION FOR VICTIMS OF HURRICANE KATRINA.

    (a) Immediate Assistance.--
            (1) Document replacement.--The Secretary of Homeland 
        Security is authorized to provide immediate assistance in 
        States in which persons displaced by a specified hurricane 
        disaster are residing for the purpose of replacing for such 
        persons documents that were--
                    (A) previously issued by the Secretary and 
                described in subparagraph (B), (C), or (D) of section 
                274A(b)(1) of the Immigration and Nationality Act (8 
                U.S.C. 1324a(b)(1)); and
                    (B) lost, stolen, or destroyed due to such 
                disaster.
            (2) Substitute.--Where replacement of a document described 
        in paragraph (1) is not feasible, the Secretary of Homeland 
        Security may provide to a displaced person described in such 
        paragraph a temporary substitute document.
    (b) Procedures for Document Replacement.--The Secretary of Homeland 
Security shall ensure that, when the Secretary replaces (or provides a 
temporary substitute for) a document relating to an alien and described 
in subparagraph (B), (C), or (D) of section 274A(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) that was lost, 
stolen, or destroyed due to a specified hurricane disaster, the 
Secretary--
            (1) authenticates information using biometric identifiers 
        contained in records of the Department of Homeland Security; 
        and
            (2) annotates the records in U.S. Citizenship and 
        Immigration Services information systems in such a way as to 
        indicate that the replacement or substitute document was issued 
        in the absence of an original due to such disaster.
    (c) Waiver of Fees for Database Access.--
            (1) U.S. citizenship and immigration services.--The 
        Director of U.S. Citizenship and Immigration Services is 
        authorized to waive fees and costs associated with a request, 
        made by a person or agency described in paragraph (2), for use 
        of the Verification Information System database associated with 
        the Systematic Alien Verification for Entitlements Program in 
        order to verify immigration status or employment eligibility 
        with respect to a displaced person described in subsection 
        (a)(1).
            (2) Requesting persons.--The persons described in this 
        paragraph are as follows:
                    (A) Employers.
                    (B) State or local government agencies.
                    (C) The American National Red Cross.
                    (D) Organizations described in section 501(c)(3) of 
                the Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of such Code whose mission is to 
                assist displaced persons described in subsection 
                (a)(1).

SEC. 11. AGE-OUT PROTECTIONS.

    In administering Federal immigration laws, the Secretary of 
Homeland Security may grant any application or benefit notwithstanding 
the applicant or beneficiary (including a derivative beneficiary of a 
principal applicant or beneficiary) reaching an age that would render 
the applicant or beneficiary ineligible for the relief or benefit 
sought, if the failure to meet the age requirement is a consequence of 
a specified hurricane disaster.

SEC. 12. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF EMPLOYMENT.

    (a) In General.--The Secretary of Homeland Security shall establish 
appropriate standards for evidence demonstrating, for purposes of this 
Act, that any of the following occurred as a consequence of a specified 
hurricane disaster.
            (1) Death.
            (2) Disability.
            (3) Loss of employment due to physical damage to, or 
        destruction of, a business.
    (b) Death Certificates.--The standards established under subsection 
(a) shall authorize the Secretary to make a determination of death in 
the absence of a death certificate, where appropriate.
    (c) Affidavit of Surviving Spouse.--For purposes of a benefit under 
section 2, or subsection (b) or (c) of section 4, that is conditioned 
on the beneficiary having been the spouse of an individual who died as 
a consequence of a specified hurricane disaster, the standards 
established under subsection (a) shall authorize the Secretary to make 
a determination of death based on the sworn affidavit of such surviving 
spouse, in the absence of evidence to the contrary.

SEC. 13. WAIVER OF REGULATIONS.

    The Secretary of Homeland Security shall carry out this Act as 
expeditiously as possible. The Secretary of Homeland Security is not 
required to promulgate regulations prior to implementing this Act.

SEC. 14. DEFINITIONS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
used in the Immigration and Nationality Act (excluding the definitions 
applicable exclusively to title III of such Act) shall apply in the 
administration of this Act.
    (b) Specified Hurricane Disaster.--For purposes of this Act, the 
term ``specified hurricane disaster'' means any major disaster 
resulting from Hurricane Katrina declared by the President under the 
Robert T. Stafford Disaster and Emergency Assistance Act (42 U.S.C. 
5121 et seq.).

            Passed the House of Representatives September 21, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.