[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1736 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1736

   To provide the spouses and children of aliens who perished in the 
September 11 terrorist attacks an opportunity to adjust their status to 
      that of an alien lawfully admitted for permanent residence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2009

    Mr. Lautenberg (for himself, Mr. Brownback, Mr. Lieberman, Ms. 
Landrieu, Mr. Menendez, Mr. Feingold, Mr. Schumer, Mrs. Gillibrand, and 
   Mr. Reid) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide the spouses and children of aliens who perished in the 
September 11 terrorist attacks an opportunity to adjust their status to 
      that of an alien lawfully admitted for permanent residence.

    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 ``September 11 Family Humanitarian 
Relief and Patriotism Act of 2009''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF TERRORISM.

    (a) Adjustment of Status.--The status of any alien described in 
subsection (b) may be adjusted by the Secretary of Homeland Security to 
that of an alien lawfully admitted for permanent residence, if the 
alien--
            (1) applies for such adjustment not later than 1 year after 
        the date of the enactment of this Act;
            (2) is not inadmissible to the United States under 
        paragraph (2) or (3) of section 212(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)), or deportable under 
        paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 
        1227(a)); and
            (3) not later than the date on which the application under 
        paragraph (1) is submitted, satisfies any applicable Federal 
        tax liability by establishing that--
                    (A) no such tax liability exists; or
                    (B) all outstanding liabilities have been paid.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefit provided under subsection (a) 
        shall apply to any alien who--
                    (A) was, on September 10, 2001, the spouse, child, 
                unmarried son, or unmarried daughter of an alien who 
                died as a direct result of the terrorist activity 
                conducted against the United States on September 11, 
                2001;
                    (B) was deemed to be a beneficiary of, and by, the 
                September 11th Victim Compensation Fund of 2001 (49 
                U.S.C. 40101); and
                    (C) made a proffer of information to the Secretary 
                of Homeland Security between April 24, 2008, and August 
                15, 2008, in connection with a request for immigration 
                relief.
            (2) Exception.--An alien shall not be provided any benefit 
        under this section if the Secretary of Homeland Security 
        determines that the alien has willfully made a material 
        misrepresentation or material omission in the proffer of 
        information described in paragraph (1)(C).
    (c) Work Authorization.--The Secretary of Homeland Security may 
authorize an alien who has applied for adjustment of status under 
subsection (a) to engage in employment in the United States during the 
pendency of such application.
    (d) Construction.--Nothing in this section shall be construed to 
limit the existing authority of the Secretary of Homeland Security on 
the date of the enactment of this Act to require any form or other 
submission of information or to perform any background or security 
check for the purpose of determining the admissibility, or eligibility 
under this section, of any alien.
    (e) Waiver of Regulations.--Not later than 6 months after the date 
of the enactment of this Act, the Secretary of Homeland Security shall 
issue guidance to carry out this section. The Secretary shall not be 
required to promulgate regulations before implementing this section.
    (f) No Offset in Number of Visas Available.--At the time an alien 
is granted the status of having been lawfully admitted for permanent 
residence under this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under title II of the Immigration and Nationality Act (8 U.S.C. 
1151 et seq.).
    (g) Definitions.--
            (1) Applicable federal tax liability defined.--In this 
        section, the term ``applicable Federal tax liability'' means 
        liability for Federal taxes, including penalties and interest, 
        owed for any year for which the statutory period for assessment 
        of any deficiency for such taxes has not expired.
            (2) Incorporation by reference.--Except as otherwise 
        specifically provided in this section, the definitions used in 
        the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
        (excluding the definitions applicable exclusively to title III 
        of such Act) shall apply in the administration of this section.
                                 <all>