[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 819 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 819

   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 aliens lawfully admitted for permanent residence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

  Mr. Lautenberg (for himself, Mr. Schumer, Mrs. Gillibrand, and Mr. 
   Menendez) 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 aliens 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 2011''.

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

    (a) Adjustment of Status.--The Secretary of Homeland Security may 
adjust the status of any alien described in subsection (b) 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--
                    (A) 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
                    (B) deportable under paragraph (2) or (4) of 
                section 237(a) of such Act (8 U.S.C. 1227(a)); and
            (3) satisfies any applicable Federal tax liability, not 
        later than the date on which the alien submits an application 
        under paragraph (1), 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.--An alien shall be eligible for adjustment 
        of status under subsection (a) if the alien--
                    (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 may be construed to 
limit the existing authority of the Secretary of Homeland Security, on 
the date of the enactment of this Act--
            (1) to require any form or other submission of information 
        from the alien; or
            (2) 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 is not required 
to promulgate regulations before implementing this section.
    (f) No Offset in Number of Visas Available.--After 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 the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).
    (g) Definitions.--In this section:
            (1) Applicable federal tax liability.--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) Other definitions.--Except as otherwise specifically 
        provided in this section, the definitions used in the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), except 
        for the definitions applicable exclusively to title III of such 
        Act, shall apply in the administration of this section.
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