[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2265 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2265

To provide special immigrant status for certain Iraqis, to assist Iraqi 
                   refugees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2007

Mr. Blumenauer (for himself, Ms. Schakowsky, and Mr. Shays) introduced 
    the following bill; which was referred to the Committee on the 
 Judiciary, and in addition to the Committee on Foreign Affairs, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide special immigrant status for certain Iraqis, to assist Iraqi 
                   refugees, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Responsibility to 
Iraqi Refugees Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expansion of special immigrant status for certain Iraqis.
Sec. 3. Special Coordinator for Iraqi refugees.
Sec. 4. Security and related grounds for inadmissibility.
Sec. 5. Authorizations of appropriations.

SEC. 2. EXPANSION OF SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

    (a) In General.--Notwithstanding any other provision of law, for 
purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.), subject to subsection (c)(1), 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--
            (1) the alien, or an agent acting on behalf of the alien, 
        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) the alien 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 the alien--
                    (A) is a national of Iraq;
                    (B) worked directly with the United States 
                Government, the United Nations, certified government or 
                United Nations contractor or subcontractor, or United 
                States-based nongovernmental organization for a period 
                of at least one year; and
                    (C) has a not manifestly unfounded fear of 
                persecution, violence, or harm to the alien or the 
                alien's family on account of the work of the alien 
                under subparagraph (B).
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien is the spouse or child of a principal 
        alien described in paragraph (1), and is following or 
        accompanying to join the principal alien.
            (3) Presumption.--An alien who is described in 
        subparagraphs (A) and (B) of paragraph (1) shall be presumed to 
        satisfy the requirement described in subparagraph (C) of such 
        paragraph.
    (c) Numerical Limitations and Benefits.--
            (1) In general.--The total number of principal aliens who 
        may be provided special immigrant status under this section 
        shall not exceed 15,000 for each of fiscal years 2008 through 
        2011.
            (2) Exclusion from numerical limitations.--Aliens provided 
        special immigrant status under this section shall not be 
        counted against any numerical limitation under sections 201(d), 
        202(a), or 203(b)(4) of the Immigration and Nationality Act (8 
        U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
            (3) Benefits.--Aliens provided special immigrant status 
        under this section shall be eligible for the same resettlement 
        assistance, entitlement programs, and other benefits as 
        refugees admitted under section 207 of the Immigration and 
        Naturalization Act (8 U.S.C. 1157).
    (d) Protection of Aliens.--
            (1) In general.--The Secretary of State, in consultation 
        with the Secretary of Homeland Security, shall provide an alien 
        described in this section who is applying for a special 
        immigrant visa with protection if such Secretaries determine 
        that such alien is in imminent danger.
            (2) Forms of protection.--Protection required under 
        paragraph (1) may include temporary housing on United States 
        military bases or at provincial reconstruction team offices or 
        the immediate removal from Iraq of such alien.
    (e) Processing Facilities.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Secretary of Homeland Security, shall 
        establish not fewer than five processing facilities where 
        aliens described in subsection (b) may apply and interview for 
        admission to the United States as special immigrants and where 
        aliens described in section 6(b) may apply and interview for 
        admission to the United States as refugees.
            (2) Locations.--The processing facilities required under 
        paragraph (1) shall be established in at least--
                    (A) two locations in Baghdad;
                    (B) one location in southern Iraq; and
                    (C) two locations in Iraqi Kurdistan.
            (3) Minimization of security risks.--The processing 
        facilities shall be established so as to minimize to the 
        greatest extent practicable security risks for aliens described 
        in subsection (b) who are applying and interviewing for 
        admission to the United States as special immigrants.
    (f) Cooperation With Iraqi Government Officials.--
            (1) In general.--The Secretary of State and the Secretary 
        of Homeland Security shall seek to cooperate with appropriate 
        officials from the Government of Iraq to--
                    (A) increase the capacity of the Government of Iraq 
                to issue passports to aliens described in subsection 
                (b); and
                    (B) ensure that aliens described in this section 
                who are issued special immigrant visas are provided 
                with the appropriate series Iraqi passport necessary to 
                enter the United States.
            (2) Payment of passport fees.--The Secretaries shall pay 
        the costs associated with the issuance of such Iraqi passports.
    (g) Waiver of Visa Fees.--Neither the Secretary of State nor the 
Secretary of Homeland may charge an alien described in this section any 
fee in connection with an application for or issuance of a special 
immigrant visa.
    (h) Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report on aliens described in this section who 
        worked directly with the United States Government, the United 
        Nations or other international organizations, certified 
        government or international organization contractors or 
        subcontractors, or international nongovernmental organization 
        as a translator for a period of at least one year.
            (2) Classified annex.--The report required under paragraph 
        (1) may include a classified annex, containing information 
        relating to personally identifiable information, as necessary, 
        to be used by appropriate United States Government officials 
        for the purpose of processing applications for special 
        immigrant visas under this section.
    (i) Application of Immigration and Nationality Act Provisions.--The 
definitions in subsections (a) and (b) of section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the 
administration of this section.
    (j) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations to carry out the provisions of this section, 
including regulations relating to requirements for background checks.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 3. SPECIAL COORDINATOR FOR IRAQI REFUGEES.

    (a) In General.--There is established in the Department of State a 
Special Coordinator for Iraqi Refugees and Internally Displaced 
Persons.
    (b) Location.--The Special Coordinator shall be based at the 
embassy of the United States in Baghdad, Iraq.
    (c) Duties.--The Special Coordinator shall be responsible for the 
development and implementation of appropriate policies and programs 
concerning Iraqi refugees and internally displaced persons, and shall 
establish an inter-agency task force to coordinate such policies and 
programs.

SEC. 4. COUNTRIES OF SIGNIFICANCE.

    With respect to each country containing a significant population of 
displaced Iraqis, including Iraq, Jordan, Syria, Turkey, and Lebanon, 
the Secretary of State shall--
            (1) as appropriate, seek to negotiate a bilateral refugee 
        resettlement agreement for such populations;
            (2) develop mechanisms to ensure the well-being, safety, 
        and right to work of such populations in their host 
        environments, including the necessary financial, material, and 
        political assistance to support such mechanisms;
            (3) submit to Congress, not later than 90 days after the 
        date of the enactment of this Act and every 90 days thereafter, 
        a report on the actions taken and progress made under this 
        subsection.

SEC. 5. STUDY AND REPORT BY GAO.

    Not later than one year after the date of the enactment of this Act 
and annually thereafter, the Comptroller General of the United States 
shall submit to Congress a report on the adequacy and effectiveness of 
United States and United Nations programs to protect and assist Iraqi 
refugees and internally displaced persons.

SEC. 6. INCREASE IN NUMERICAL LIMITATIONS.

    (a) In General.--In addition to the numerical limitations provided 
for under subsections (a) and (b) of section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), the number of refugees who may be 
admitted during the remainder of fiscal year 2007 and during fiscal 
year 2008 under subsection (c) of such section shall be increased by 
not fewer than 20,000 for the purpose of admitting refugees from Iraq.
    (b) Prioritization.--The following groups shall me considered 
Priority 2 refugees of special humanitarian concern under the refugee 
resettlement priority system:
            (1) Female-headed households and unaccompanied children.
            (2) Religious communities of antiquity, including Chaldo-
        Assyrian Christians, Jews, Sabean Mandeans, Yazidis, Bahais, 
        and others.
            (3) Other religious, ethnic, social, or minority groups, 
        including gay and lesbian Iraqis, subject to violence, 
        intimidation, or discrimination by state or non-state actors.
            (4) Iraqis with family members in the United States.

SEC. 7. SECURITY AND RELATED GROUNDS FOR INADMISSIBILITY.

    (a) In General.--Section 212(d)(3)(B)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as 
follows:
    ``(B)(i) The Secretary of State, after consultation with the 
Attorney General and the Secretary of Homeland Security, or the 
Secretary of Homeland Security, after consultation with the Secretary 
of State and the Attorney General, may determine in such Secretary's 
sole unreviewable discretion that subsection (a)(3)(B) shall not apply 
with respect to an alien within the scope of that subsection, or that 
subsection (a)(3)(B)(vi)(III) shall not apply to a group. Such a 
determination shall neither prejudice the ability of the United States 
Government to commence criminal or civil proceedings involving a 
beneficiary of such a determination or any other person, nor create any 
substantive or procedural right or benefit for a beneficiary of such a 
determination or any other person. Notwithstanding any other provision 
of law (statutory or non-statutory), including section 2241 of title 
28, United States Code, or any other habeas corpus provision, and 
sections 1361 and 1651 of such title, no court shall have jurisdiction 
to review such a determination except in a proceeding for review of a 
final order of removal pursuant to section 242 and only to the extent 
provided in subsection (a)(2)(D) of such section. The Secretary of 
State may not exercise the discretion provided in this clause with 
respect to an alien at any time during which the alien is the subject 
of pending removal proceedings under section 240.''.
    (b) Duress Exception.--Section 212(a)(3)(B)(iv)(VI) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is 
amended, in the matter preceding item (aa), by striking ``to commit an 
act that the actor knows'' and inserting ``to commit an act, other than 
an act carried out under duress, that the actor knows''.
    (c) Technical Correction.--Section 212(a)(3)(B)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is 
amended, in the matter preceding subclause (I), by striking ``Subclause 
(VII)'' and inserting ``Subclause (IX)''.
    (d) Regulations.--Not later than 180 days after the date of the 
enactment of this section, the Secretary of Homeland Security and the 
Secretary of State shall each publish in the Federal Register 
regulations establishing the process by which the eligibility of a 
refugee, asylum seeker, or individual seeking to adjust the immigration 
status of such individual is considered eligible for any of the 
exceptions authorized by clause (i) of section 212(d)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)), including a 
timeline for issuing a determination relating thereto.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this section. Such amendments 
and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)) shall apply 
to--
            (1) removal proceedings instituted before, on, or after the 
        date of the enactment of this section; and
            (2) acts and conditions constituting a ground for 
        inadmissibility, excludability, deportation, or removal 
        occurring or existing before, on, or after such date.
    (f) Waiver of Limitation on United States Emergency Refugee and 
Migration Assistance Fund.--Funds appropriated or otherwise made 
available for each of fiscal years 2008 and 2009 for the United States 
Emergency Refugee and Migration Assistance Fund established under 
section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (22 
U.S.C. 2601(c)(2)) shall not be subject to the limitation contained in 
the second sentence of such section.

SEC. 8. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) United States Emergency Refugee and Migration Assistance 
Fund.--There is authorized to be appropriated such sums as may be 
necessary to carry out the provisions of section 2(c) of the Migration 
and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) for assistance 
to Iraqi refugees.
    (b) Migration and Refugee Assistance.--There is authorized to be 
appropriated such sums as may be necessary to the Migration and Refugee 
Assistance account of the Department of State, of which--
            (1) for assistance to Iraqi refugees in countries of first 
        asylum through international nongovernmental organizations;
            (2) for a contribution to the United Nations High 
        Commissioner for Refugees;
            (3) for a contribution to the International Committee of 
        the Red Cross; and
            (4) for the resettlement in the United States of Iraqis 
        admitted to the United States as special immigrants or refugees 
        under this Act.
    (c) Office of Refugee Resettlement.--There is authorized to be 
appropriated such sums as may be necessary to the Office of Refugee 
Resettlement of the Department of Health and Human Services for the 
resettlement in the United States of Iraqi refugees.
    (d) Department of Homeland Security.--There is authorized to be 
appropriated such sums as may be necessary to the Secretary of Homeland 
Security for expedited refugee processing and the temporary expansion 
of the Refugee Corps of United States Citizenship and Immigration 
Services of the Department of Homeland Security.
    (e) International Disaster and Famine Assistance Account.--There is 
authorized to be appropriated such sums as may be necessary to the 
International Disaster and Famine Assistance account of the Department 
of State for assistance to internally displaced Iraqis.
    (f) FBI.--There is authorized to be appropriated such sums as may 
be necessary to the Federal Bureau of Investigation to expedite 
background checks and processing for Iraqis admitted to the United 
States as special immigrants or refugees under this Act.
    (g) Diplomatic and Consular Programs.--There is authorized to be 
appropriated to such sums as may be necessary to the Diplomatic and 
Consular Programs account of the Department of State to increase 
capacity to process special immigrant visas for Iraqis.
    (h) Amounts and Availability.--Amounts authorized to be 
appropriated under this section shall be in addition to amounts for 
such purposes that are otherwise authorized to be appropriated. Amounts 
appropriated under this section are authorized to remain available 
until expended.
                                 <all>