[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4064 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4064

To amend the Immigration and Nationality Act to permit the Secretary of 
State to waive certain requirements with respect to special immigrants 
   described in section 101(a)(27)(D) of such Act who have performed 
  service for the United States abroad under extraordinary conditions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2007

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

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to permit the Secretary of 
State to waive certain requirements with respect to special immigrants 
   described in section 101(a)(27)(D) of such Act who have performed 
  service for the United States abroad under extraordinary conditions.

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

SECTION 1. SPECIAL IMMIGRANTS PERFORMING SERVICE FOR THE UNITED STATES 
              ABROAD UNDER EXTRAORDINARY CONDITIONS.

    Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) is amended by adding at the end the following:
            ``(7) Special rules for `d' special immigrants.--
                    ``(A) In general.--With respect to visas made 
                available to special immigrants under section 
                101(a)(27)(D), the Secretary of State, after 
                consultation with the Secretary of Homeland Security 
                and other appropriate agencies of the United States 
                Government, may determine that it is in the interests 
                of the United States to reduce the period of faithful 
                service required to a period of at least 1 year, for 
                such alien employees or honorably retired former 
                employees who have been employed in and are nationals 
                of a foreign state in which the Secretary finds that 
                there exist extraordinary conditions, such as ongoing 
                military or civil conflict or ongoing serious threats 
                to alien employees as a consequence of their faithful 
                service as an employee of the United States Government 
                abroad, or of the American Institute in Taiwan.
                    ``(B) Background and security checks.--Prior to the 
                issuance of a visa, an alien subject to a determination 
                under subparagraph (A) shall undergo and pass 
                background and security checks, as established by the 
                Secretary of Homeland Security in consultation with the 
                Secretary of State.
                    ``(C) Effective period of determination.--A 
                determination made under subparagraph (A) may remain in 
                effect for not more than 5 years.
                    ``(D) Not counted against numerical limitations.--
                Immigrant visas made available to special immigrants 
                pursuant to a determination under subparagraph (A) 
                shall not be subject to, or counted against, any 
                numerical limitation established under this subsection, 
                section 201, or section 202.
                    ``(E) Review.--Any recommendation of any employee 
                to the Secretary of State by the principal officer with 
                respect to a determination under subparagraph (A) shall 
                be reviewed by an official at the Department of State 
                in accordance with procedures established by the 
                Secretary of State in consultation with the Secretary 
                of Homeland Security.''.
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