[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1790 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1790

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.


_______________________________________________________________________


                    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.

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

SECTION 1. 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 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.''.
                                 <all>