[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1651 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1651

    To assist certain Iraqis who have worked directly with, or are 
threatened by their association with, the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2007

 Mr. Kennedy (for himself, Mr. Smith, Mr. Biden, Mr. Hagel, Mr. Leahy, 
Mr. Levin, and Mr. Lieberman) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To assist certain Iraqis who have worked directly with, or are 
threatened by their association with, the United States, 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 ``Refugee Crisis in 
Iraq Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Processing facilities.
Sec. 4. United States refugee program priorities.
Sec. 5. Special immigrant status for certain Iraqis.
Sec. 6. Minister counselors for Iraqi refugees and internally displaced 
                            persons.
Sec. 7. Countries with significant populations of displaced Iraqis.
Sec. 8. Denial or termination of asylum.
Sec. 9. Reports.
Sec. 10. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United Nations estimates that there are 2,000,000 
        Iraqis internally displaced and more than 2,000,000 Iraqi 
        refugees in neighboring countries, primarily Jordan and Syria.
            (2) The humanitarian needs of the Iraqi refugees and 
        internally displaced persons are significant. If their needs 
        are not quickly and adequately met, these populations could 
        become a fertile recruiting ground for terrorists.
            (3) Iraqi refugees are a significant financial burden on 
        countries in the region. The Iraq Study Group concluded that if 
        the refugee crisis ``is not addressed, Iraq and the region 
        could be further destabilized''.
            (4) Many Iraqis who have worked in critical positions in 
        direct support of the United States Government in Iraq have 
        been killed or injured in reprisals for their support of the 
        American effort. Many more Iraqis associated with the United 
        States have fled Iraq in fear of being killed or injured.
            (5) Although the United States cannot resettle all of 
        Iraq's refugees in the United States, the United States has a 
        fundamental obligation to help the vast number of Iraqis 
        displaced in Iraq and throughout the region by the war and the 
        associated chaos, especially those who have supported America's 
        efforts in Iraq.
            (6) In April 2007, Assistant Secretary of State Ellen 
        Sauerbrey said the United States ``could resettle up to 25,000 
        Iraqi refugees'' this year. In May 2007, Under Secretary of 
        State Paula Dobriansky said, ``We are committed to honoring our 
        moral debt to those Iraqis who have provided assistance to the 
        United States military and embassy.'' On June 8, 2007, 
        Secretary Rice remarked, ``The people that I'm most worried 
        about in the near term are the people who've worked for and 
        with us who might be subject to recrimination and reprisal.''.
            (7) It is essential for the United States to develop a 
        comprehensive and effective approach to support host 
        governments and to meet the needs of Iraq's refugees and 
        internally displaced persons, especially those who are 
        associated with the United States.

SEC. 3. PROCESSING FACILITIES.

    (a) In General.--The Secretary of State shall establish processing 
facilities in Iraq and in countries in the region in which--
            (1) aliens described in section 4 may apply and interview 
        for admission to the United States as refugees; and
            (2) aliens described in section 5(b) may apply and 
        interview for admission to the United States as special 
        immigrants.
    (b) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Secretary of Homeland Security, shall 
        submit a report that contains the plans and assessment 
        described in paragraph (2) to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Contents.--The report submitted under paragraph (1) 
        shall--
                    (A) describe the Secretary's plans to establish the 
                processing facilities described in subsection (a); and
                    (B) contain an assessment of in-country processing 
                that makes use of videoconferencing.

SEC. 4. UNITED STATES REFUGEE PROGRAM PRIORITIES.

    (a) In General.--Priority 2 refugees of special humanitarian 
concern under the refugee resettlement priority system shall include--
            (1) Iraqis who were employed by, or worked for or directly 
        with the United States Government, in Iraq;
            (2) Iraqis who were employed in Iraq by--
                    (A) a media or nongovernmental organization based 
                in the United States; or
                    (B) an organization or entity that has received a 
                grant from, or entered into a cooperative agreement or 
                contract with, the United States Government;
            (3) spouses, children, sons, daughters, siblings, and 
        parents of aliens described in paragraph (1) or section 5(b); 
        and
            (4) Iraqis who are members of a religious or minority 
        community and have close family members (as described in 
        sections 201(b)(2)(A)(i) or 203(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the 
        United States.
    (b) Identification of Other Persecuted Groups.--The Secretary of 
State is authorized to identify other Priority 2 groups in Iraq.

SEC. 5. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.

    (a) In General.--Subject to subsection (c)(1) and notwithstanding 
any other provision of law, 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) or an agent acting on behalf of the alien, submits to 
        the Secretary 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));
            (2) is otherwise eligible to receive an immigrant visa; and
            (3) is otherwise admissible to the United States for 
        permanent residence (excluding the grounds for inadmissibility 
        specified in section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)).
    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if the alien--
                    (A) is a national of Iraq;
                    (B) was employed by, or worked for or directly with 
                the United States Government in Iraq, in or after 2003, 
                for an aggregate period of not less than 1 year; and
                    (C) provided faithful service to the United States 
                Government, which is documented in a positive 
                recommendation or evaluation.
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien is--
                    (A) the spouse or child of a principal alien 
                described in paragraph (1); and
                    (B) is following or accompanying to join the 
                principal alien in the United States.
    (c) Numerical Limitations and Benefits.--
            (1) In general.--The total number of principal aliens who 
        may be provided special immigrant status under this section may 
        not exceed 5,000 per year for each of the 5 fiscal years 
        beginning after the date of the enactment of this Act.
            (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).
            (4) Carry forward.--If the numerical limitation under 
        paragraph (1) is not reached during a given fiscal year, the 
        numerical limitation under paragraph (1) for the following 
        fiscal year shall be increased by a number equal to the 
        difference between--
                    (A) the number of visas authorized under paragraph 
                (1) for the given fiscal year; and
                    (B) the number of principal aliens provided special 
                immigrant status under this section during the given 
                fiscal year.
    (d) Visa and Passport Issuance and Fees.--Neither the Secretary of 
State nor the Secretary of Homeland Security may charge an alien 
described in subsection (b) any fee in connection with an application 
for, or issuance of, a special immigrant visa. The Secretary of State 
shall 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.
    (e) Protection of Aliens.--The Secretary of State, in consultation 
with other relevant Federal agencies, shall provide an alien described 
in this section who is applying for a special immigrant visa with 
protection or the immediate removal from Iraq of such alien if the 
Secretary determines that such alien is in imminent danger.
    (f) Security.--An alien is not eligible to participate in the 
program authorized under this section if the alien is otherwise 
inadmissible to the United States under section 212(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
    (g) Definitions.--The terms defined in subsections (a) and (b) of 
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) have 
the same meanings when used in this section.
    (h) 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 requirements for background checks.
    (i) Savings Provision.--Nothing in this section may be construed to 
affect the authority of the Secretary of Homeland Security under 
section 1059 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163).

SEC. 6. MINISTER COUNSELORS FOR IRAQI REFUGEES AND INTERNALLY DISPLACED 
              PERSONS.

    (a) In General.--The Secretary of State shall establish in the 
embassy of the United States located in Baghdad, Iraq, a Minister 
Counselor for Iraqi Refugees and Internally Displaced Persons (referred 
to in this section as the ``Minister Counselor for Iraq'').
    (b) Duties.--The Minister Counselor for Iraq shall be responsible 
for the oversight of processing for resettlement of persons considered 
Priority 2 refugees of special humanitarian concern, special immigrant 
visa programs in Iraq, and the development and implementation of other 
appropriate policies and programs concerning Iraqi refugees and 
internally displaced persons. The Minister Counselor for Iraq shall 
have the authority to refer persons to the United States refugee 
resettlement program.
    (c) Designation of Minister Counselors.--The Secretary of State 
shall designate in the embassies of the United States located in Cairo, 
Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Minister 
Counselor to oversee resettlement to the United States of persons 
considered Priority 2 refugees of special humanitarian concern in those 
countries to ensure their applications to the United States refugee 
resettlement program are processed in an orderly manner and without 
delay.

SEC. 7. COUNTRIES WITH SIGNIFICANT POPULATIONS OF DISPLACED IRAQIS.

    (a) In General.--With respect to each country with a significant 
population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria, 
Turkey, and Lebanon, the Secretary of State shall--
            (1) as appropriate, consult with other countries regarding 
        resettlement of the most vulnerable members of such refugee 
        populations; and
            (2) develop mechanisms in and provide assistance to 
        countries with a significant population of displaced Iraqis to 
        ensure the well-being and safety of such populations in their 
        host environments.
    (b) Numerical Limitations.--In determining the number of Iraqi 
refugees who should be resettled in the United States under sections 
(a) and (b) of section 207 of the Immigration and Nationality Act (8 
U.S.C. 1157), the President shall consult nongovernmental organizations 
that have a presence in Iraq or experience in assessing the problems 
faced by Iraqi refugees.
    (c) Eligibility for Admission as Refugee.--Section 207(c)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1157(c)(1)) is amended by 
adding at the end the following: ``No alien shall be denied the 
opportunity to apply for admission under this section solely because 
such alien qualifies as an immediate relative or is eligible for 
classification as a special immigrant.''.

SEC. 8. DENIAL OR TERMINATION OF ASYLUM.

    Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended by adding at the end the following:
            ``(4) Changed country conditions.--An applicant for asylum 
        or withholding of removal, whose claim was denied by an 
        immigration judge solely on the basis of changed country 
        conditions on or after March 1, 2003, may file a motion to 
        reopen to reconsider his or her claim not later than 6 months 
        after the date of the enactment of the Refugee Crisis in Iraq 
        Act if the applicant--
                    ``(A) is a national of Iraq; and
                    ``(B) remained in the United States on such date of 
                enactment.''.

SEC. 9. REPORTS.

    (a) Secretary of Homeland Security.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit a report containing plans to expedite the 
        processing of Iraqi refugees for resettlement to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives.
            (2) Contents.--The report submitted under paragraph (1) 
        shall--
                    (A) detail the plans of the Secretary for 
                expediting the processing of Iraqi refugees for 
                resettlement including through temporary expansion of 
                the Refugee Corps of United States Citizenship and 
                Immigration Services; and
                    (B) describe the plans of the Secretary for 
                enhancing existing systems for conducting background 
                and security checks of persons applying for Special 
                Immigrant Visas and of persons considered Priority 2 
                refugees of special humanitarian concern under this 
                Act, which enhancements shall support immigration 
                security and provide for the orderly processing of such 
                applications without delay.
    (b) President.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the President shall 
submit to Congress an unclassified report, with a classified annex if 
necessary, which includes--
            (1) an assessment of the financial, security, and personnel 
        considerations and resources necessary to carry out the 
        provisions of this Act;
            (2) the number of aliens described in section 4(1);
            (3) the number of such aliens who have applied for special 
        immigrant visas;
            (4) the date of such applications; and
            (5) in the case of applications pending for more than 6 
        months, the reasons that visas have not been expeditiously 
        processed.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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