II 111th CONGRESS 1st Session S. 1736 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.

1.

Short title

This Act may be cited as the September 11 Family Humanitarian Relief and Patriotism Act of 2009.

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.