[Congressional Record Volume 151, Number 119 (Wednesday, September 21, 2005)]
[House]
[Pages H8172-H8176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      IMMIGRATION RELIEF FOR HURRICANE KATRINA VICTIMS ACT OF 2005

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3827) to preserve certain immigration benefits for 
victims of Hurricane Katrina, and for other purposes.
  The Clerk read as follows:

                               H.R. 3827

       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 ``Immigration Relief for 
     Hurricane Katrina Victims Act of 2005''.

     SEC. 2. SPECIAL IMMIGRANT STATUS.

       (a) In General.--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) files with the Secretary of Homeland Security 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)); and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility, the 
     grounds for inadmissibility specified in section 212(a)(4) of 
     such Act (8 U.S.C. 1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if--
       (A) the alien was the beneficiary of--
       (i) a petition that was filed with the Secretary of 
     Homeland Security on or before August 29, 2005--

       (I) under section 204 of the Immigration and Nationality 
     Act (8 U.S.C. 1154) to classify the alien as a family-
     sponsored immigrant under section 203(a) of such Act (8 
     U.S.C. 1153(a)) or as an employment-based immigrant under 
     section 203(b) of such Act (8 U.S.C. 1153(b)); or
       (II) under section 214(d) (8 U.S.C. 1184(d)) of such Act to 
     authorize the issuance of a nonimmigrant visa to the alien 
     under section 101(a)(15)(K) of such Act (8 U.S.C. 
     1101(a)(15)(K)); or

       (ii) an application for labor certification under section 
     212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was 
     filed under regulations of the Secretary of Labor on or 
     before such date; and
       (B) such petition or application was revoked or terminated 
     (or otherwise rendered null), either before or after its 
     approval, due to a specified hurricane disaster that had as a 
     consequence--
       (i) the death or disability of the petitioner, applicant, 
     or alien beneficiary; or
       (ii) loss of employment due to physical damage to, or 
     destruction of, the business of the petitioner or applicant.
       (2) Spouses and children.--
       (A) In general.--An alien is described in this subsection 
     if--
       (i) the alien was, on August 29, 2005, the spouse or child 
     of a principal alien described in paragraph (1); and
       (ii) the alien--

       (I) is accompanying such principal alien; or
       (II) is following to join such principal alien not later 
     than August 29, 2007.

       (B) Construction.--For purposes of construing the terms 
     ``accompanying'' and ``following to join'' in subparagraph 
     (A)(ii), any death of a principal alien that is described in 
     paragraph (1)(B)(i) shall be disregarded.
       (3) Grandparents of orphans.--An alien is described in this 
     subsection if the alien is a grandparent of a child, both of 
     whose parents died as a consequence of a specified hurricane 
     disaster, if either of such deceased parents was, on August 
     29, 2005 a citizen or national of the United States or an 
     alien lawfully admitted for permanent residence in the United 
     States.
       (c) Priority Date.--Immigrant visas made available under 
     this section shall be issued to aliens in the order in which 
     a petition on behalf of each such alien is filed with the 
     Secretary of Homeland Security under subsection (a)(1), 
     except that if an alien was assigned a priority date with 
     respect to a petition described in subsection (b)(1)(A)(i), 
     the alien may maintain that priority date.
       (d) Numerical Limitations.--For purposes of the application 
     of sections 201 through 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1151-1153) in any fiscal year, 
     aliens eligible to be provided status under this section 
     shall be treated as special immigrants described in section 
     101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not 
     described in subparagraph (A), (B), (C), or (K) of such 
     section.

     SEC. 3. EXTENSION OF FILING OR REENTRY DEADLINES.

       (a) Automatic Extension of Nonimmigrant Status.--
       (1) In general.--Notwithstanding section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184), in the case 
     of an alien described in paragraph (2) who was lawfully 
     present in the United States as a nonimmigrant on August 29, 
     2005, the alien may remain lawfully in the United States in 
     the same nonimmigrant status until the later of--
       (A) the date such lawful nonimmigrant status otherwise 
     would have terminated if this subsection had not been 
     enacted; or
       (B) 1 year after the death or onset of disability described 
     in paragraph (2).
       (2) Aliens described.--
       (A) Principal aliens.--An alien is described in this 
     paragraph if the alien was disabled as a consequence of a 
     specified hurricane disaster.
       (B) Spouses and children.--An alien is described in this 
     paragraph if the alien was, on August 29, 2005, the spouse or 
     child of--
       (i) a principal alien described in subparagraph (A); or
       (ii) an alien who died as a consequence of a specified 
     hurricane disaster.
       (3) Authorized employment.--During the period in which a 
     principal alien or alien spouse is in lawful nonimmigrant 
     status under paragraph (1), the alien shall be provided an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment not later

[[Page H8173]]

     than 30 days after the alien requests such authorization.
       (b) New Deadlines for Extension or Change of Nonimmigrant 
     Status.--
       (1) Filing delays.--In the case of an alien who was 
     lawfully present in the United States as a nonimmigrant on 
     August 29, 2005, if the alien was prevented from filing a 
     timely application for an extension or change of nonimmigrant 
     status due to a circumstance described in paragraph (3)(A) 
     that is a consequence of a specified hurricane disaster, the 
     alien's application shall be considered timely filed if it is 
     filed not later than 180 days after it otherwise would have 
     been due.
       (2) Departure delays.--In the case of an alien who was 
     lawfully present in the United States as a nonimmigrant on 
     August 29, 2005, if the alien was prevented from timely 
     departing the United States due to a circumstance described 
     in paragraph (3)(B) that is a consequence of a specified 
     hurricane disaster, the alien shall not be considered to have 
     been unlawfully present in the United States during the 
     period beginning on August 30, 2005, and ending on the date 
     of the alien's departure, if such departure occurs on or 
     before December 31, 2005.
       (3) Circumstances preventing timely action.--
       (A) Filing delays.--For purposes of paragraph (1), 
     circumstances preventing an alien from filing a timely 
     application are--
       (i) injury;
       (ii) office closures;
       (iii) mail or courier service cessations or delays; and
       (iv) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (B) Departure delays.--For purposes of paragraph (2), 
     circumstances preventing an alien from timely departing the 
     United States are--
       (i) injury;
       (ii) office closures;
       (iii) airline flight cessations or delays; and
       (iv) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (c) Diversity Immigrants.--
       (1) Waiver of fiscal year limitation.--Notwithstanding 
     section 203(e)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1153(e)(2)), an immigrant visa number issued to an 
     alien under section 203(c) of such Act for fiscal year 2005 
     may be used by the alien during the period beginning on 
     October 1, 2005, and ending on April 1, 2006, if the alien 
     establishes that the alien was prevented from using it during 
     fiscal year 2005 due to a circumstance described in paragraph 
     (4) that is a consequence of a specified hurricane disaster.
       (2) Worldwide level.--In the case of an alien entering the 
     United States as a lawful permanent resident, or adjusting to 
     that status, under paragraph (1) or (3), the alien shall be 
     counted as a diversity immigrant for fiscal year 2005 for 
     purposes of section 201(e) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(e)), unless the worldwide level under such 
     section for such year has been exceeded, in which case the 
     alien shall be counted as a diversity immigrant for fiscal 
     year 2006.
       (3) Treatment of family members of certain aliens.--In the 
     case of a principal alien issued an immigrant visa number 
     under section 203(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(c)) for fiscal year 2005, if such principal 
     alien died as a consequence of a specified hurricane 
     disaster, the aliens who were, on August 29, 2005, the spouse 
     and children of such principal alien shall, until June 30, 
     2006, if not otherwise entitled to an immigrant status and 
     the immediate issuance of a visa under subsection (a), (b), 
     or (c) of section 203 of such Act, be entitled to the same 
     status, and the same order of consideration, that would have 
     been provided to such alien spouse or child under section 
     203(d) of such Act as if the principal alien were not 
     deceased and as if the spouse or child's visa application had 
     been adjudicated by September 30, 2005.
       (4) Circumstances preventing timely action.--For purposes 
     of paragraph (1), circumstances preventing an alien from 
     using an immigrant visa number during fiscal year 2005 are--
       (A) office closures;
       (B) mail or courier service cessations or delays;
       (C) airline flight cessations or delays; and
       (D) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (d) Extension of Expiration of Immigrant Visas.--
       (1) In general.--Notwithstanding the limitations under 
     section 221(c) of the Immigration and Nationality Act (8 
     U.S.C. 1201(c)), in the case of any immigrant visa issued to 
     an alien that expires or expired before February 26, 2006 if 
     the alien was unable to effect entry into the United States 
     due to a circumstance described in paragraph (2) that is a 
     consequence of a specified hurricane disaster, then the 
     period of validity of the visa is extended until February 26, 
     2006, unless a longer period of validity is otherwise 
     provided under this Act.
       (2) Circumstances preventing entry.--For purposes of 
     paragraph (1), circumstances preventing an alien from 
     effecting entry into the United States are--
       (A) destruction of, or damage rendering uninhabitable, the 
     intended residence of the alien;
       (B) a legal prohibition on inhabiting or accessing the 
     intended residence of the alien;
       (C) office closures;
       (D) airline flight cessations or delays; and
       (E) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (e) Grants of Parole Extended.--
       (1) In general.--In the case of any parole granted by the 
     Secretary of Homeland Security under section 212(d)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) that 
     expires on a date on or after August 26, 2005, if the alien 
     beneficiary of the parole was unable to return to the United 
     States prior to the expiration date due to a circumstance 
     described in paragraph (2) that is a consequence of a 
     specified hurricane disaster, the parole is deemed extended 
     for an additional 90 days.
       (2) Circumstances preventing return.--For purposes of 
     paragraph (1), circumstances preventing an alien from timely 
     returning to the United States are--
       (A) office closures;
       (B) airline flight cessations or delays; and
       (C) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements.
       (f) Voluntary Departure.--Notwithstanding section 240B of 
     the Immigration and Nationality Act (8 U.S.C. 1229c), if a 
     period for voluntary departure of an alien under such section 
     expired during the period beginning on August 26, 2005, and 
     ending on October 26, 2005, and the alien was unable 
     voluntarily to depart as a consequence of a specified 
     hurricane disaster, such voluntary departure period is deemed 
     extended for an additional 60 days.

     SEC. 4. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES AND 
                   CHILDREN.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     died as a consequence of a specified hurricane disaster, the 
     alien (and each child of the alien) shall be considered, for 
     purposes of section 201(b) of such Act, to be an immediate 
     relative after the date of the citizen's death, but only if 
     the alien files a petition under section 204(a)(1)(A)(ii) of 
     such Act within 2 years after such date and only until the 
     date the alien remarries. For purposes of such section 
     204(a)(1)(A)(ii), an alien granted relief under the preceding 
     sentence shall be considered an alien spouse described in the 
     second sentence of section 201(b)(2)(A)(i) of such Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen died as a consequence of a 
     specified hurricane disaster, the alien shall be considered, 
     for purposes of section 201(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)), to remain an immediate 
     relative after the date of the citizen's death (regardless of 
     changes in age or marital status thereafter), but only if the 
     alien (or a parent or guardian of the alien) files a petition 
     under subparagraph (B) within 2 years after such date.
       (B) Petitions.--An alien (or parent or guardian) described 
     in subparagraph (A) may file a petition with the Secretary of 
     Homeland Security for classification of the alien under 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act, 
     such a petition shall be considered a petition filed under 
     section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)).
       (3) Unconditional status.--An alien who obtains the status 
     of an alien lawfully admitted for permanent residence 
     pursuant to this subsection shall not be considered to have 
     obtained such status on a conditional basis, and shall not be 
     subject to section 216 of the Immigration and Nationality Act 
     (8 U.S.C. 1186a).
       (b) Spouses, Children, Unmarried Sons and Daughters of 
     Lawful Permanent Resident Aliens.--
       (1) In general.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is 
     included in a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that 
     was filed by such alien before August 29, 2005, shall be 
     considered (if the spouse, child, son, or daughter has not 
     been admitted or approved for lawful permanent residence by 
     such date) a valid petitioner for preference status under 
     such section with the same priority date as that assigned 
     prior to the death described in paragraph (3)(A). No new 
     petition shall be required to be filed. Such spouse, child, 
     son, or daughter may be eligible for deferred action and work 
     authorization.
       (2) Self-petitions.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is not a 
     beneficiary of a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act may file a petition for such 
     classification with the Secretary of Homeland Security, if 
     the spouse, child, son, or daughter was present in the United 
     States on August 29, 2005. Such spouse, child, son, or 
     daughter may be eligible for deferred action and work 
     authorization.

[[Page H8174]]

       (3) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a consequence of a specified hurricane 
     disaster; and
       (B) on the day of such death, was lawfully admitted for 
     permanent residence in the United States.
       (4) Unconditional status.--An alien who obtains the status 
     of an alien lawfully admitted for permanent residence 
     pursuant to this subsection shall not be considered to have 
     obtained such status on a conditional basis, and shall not be 
     subject to section 216 of the Immigration and Nationality Act 
     (8 U.S.C. 1186a).
       (c) Applications for Adjustment of Status by Surviving 
     Spouses and Children of Employment-Based Immigrants.--
       (1) In general.--Any alien who was, on August 29, 2005, the 
     spouse or child of an alien described in paragraph (2), and 
     who applied for adjustment of status prior to the death 
     described in paragraph (2)(A), may have such application 
     adjudicated as if such death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a consequence of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien lawfully admitted for permanent residence in 
     the United States by reason of having been allotted a visa 
     under section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)); or
       (ii) an applicant for adjustment of status to that of an 
     alien described in clause (i), and admissible to the United 
     States for permanent residence.
       (d) Applications for Asylum or Admission as Refugee by 
     Surviving Spouses and Children of Asylees and Refugees.--
       (1) Asylum.--
       (A) In general.--Any alien who was, on August 29, 2005, the 
     spouse or child of an individual described in subparagraph 
     (B), may have the alien's eligibility to be granted asylum 
     determined under section 208(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(3)) as if such individual 
     had not died.
       (B) Principals described.--An individual is described in 
     this subparagraph if the individual--
       (i) died as a consequence of a specified hurricane 
     disaster; and
       (ii) before such death, was granted asylum under section 
     208 of such Act (8 U.S.C. 1158).
       (2) Admission as a refugee.--
       (A) In general.--Any alien who was, on August 29, 2005, the 
     spouse or child of an individual described in subparagraph 
     (B), may have the alien's eligibility to be admitted to the 
     United States as a refugee determined under section 207(c)(2) 
     of the Immigration and Nationality Act (8 U.S.C. 1157(c)(2)) 
     as if such individual had not died.
       (B) Principals described.--An individual is described in 
     this subparagraph if the individual--
       (i) died as a consequence of a specified hurricane 
     disaster; and
       (ii) before such death, was admitted to the United States 
     as a refugee under section 207 of such Act (8 U.S.C. 1157).
       (e) Waiver of Public Charge Grounds.--In determining the 
     admissibility of any alien accorded an immigration benefit 
     under this section, the grounds for inadmissibility specified 
     in section 212(a)(4) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(4)) shall not apply.

     SEC. 5. NATURALIZATION.

       (a) In General.--With respect to an applicant for 
     naturalization who resided, on August 29, 2005, within a 
     portion of a district of U.S. Citizenship and Immigration 
     Services that was declared by the President to be affected by 
     a specified hurricane disaster, the Secretary of Homeland 
     Security may administer the provisions of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.) 
     without regard to any provision of such title otherwise 
     requiring residence to be maintained, or any other action to 
     be taken, in any specific State or district of U.S. 
     Citizenship and Immigration Services.
       (b) Court Authority to Administer Oaths.--Notwithstanding 
     section 310(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1421(b)(1)), with respect to an applicant for 
     naturalization described in subsection (a), an eligible court 
     (as defined in section 310(b)(5) of such Act (8 U.S.C. 
     1421(b)(5))) may administer the oath of allegiance under 
     section 337(a) of such Act (8 U.S.C. 1448(a)) to the 
     applicant regardless of whether the applicant is permanently 
     residing within the jurisdiction of the court.

     SEC. 6. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

       (a) In General.--In the case of an nonimmigrant alien 
     described in subsection (b), the alien's nonimmigrant status 
     shall be considered to have been maintained during the period 
     beginning on August 29, 2005, and ending on February 1, 2006, 
     if, on February 1, 2006, the alien is enrolled in a course of 
     study, or participating in a designated exchange visitor 
     program, sufficient to satisfy the terms and conditions of 
     the alien's nonimmigrant status on August 29, 2005.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) was, on August 29, 2005, lawfully present in the United 
     States in the status of a nonimmigrant described in 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S. C. 1101(a)(15)); and
       (2) fails to satisfy a term or condition of such status as 
     a consequence of a specified hurricane disaster.

     SEC. 7. NOTICES OF CHANGE OF ADDRESS.

       (a) In General.--In the case of any notice of change of 
     address otherwise required to be submitted to the Secretary 
     of Homeland Security by an alien described in subsection 
     (b)--
       (1) if the notice relates to a change of address occurring 
     during the period beginning on August 29, 2005, and ending on 
     November 15, 2005, the alien shall have until December 1, 
     2005, to submit such notice; and
       (2) if the notice relates to a change of address occurring 
     during the period beginning on November 16, 2005, and ending 
     on February 16, 2006, the alien shall have until February 28, 
     2006, to submit such notice.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) resided, on August 29, 2005, within a district of U.S. 
     Citizenship and Immigration Services that was declared by the 
     President to be affected by a specified hurricane disaster; 
     and
       (2) is required, under section 265 of the Immigration and 
     Nationality Act (8 U.S.C. 1305) or any other provision of 
     law, to notify the Secretary of Homeland Security in writing 
     of a change of address.

     SEC. 8. TEMPORARY ADMINISTRATIVE RELIEF.

       The Secretary of Homeland Security, for humanitarian 
     purposes or to ensure family unity, may provide temporary 
     administrative relief to any alien who--
       (1) was lawfully present in the United States on August 29, 
     2005;
       (2) was on such date the spouse, parent, or child of an 
     individual who died or was disabled as a consequence of a 
     specified hurricane disaster; and
       (3) is not otherwise entitled to relief under any other 
     provision of this Act.

     SEC. 9. EMPLOYMENT VERIFICATION DURING EFFECTIVENESS OF MAJOR 
                   DISASTER DECLARATION.

       (a) In General.--Section 274A(b)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
       (1) in subparagraph (A), by striking ``The person'' and 
     inserting ``Subject to subparagraph (F), the person''; and
       (2) by adding at the end the following:
       ``(F) Special rule during major disaster declaration.--In a 
     case in which the President has declared a major disaster 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Secretary of 
     Homeland Security may provide, in the Secretary's sole and 
     unreviewable discretion and only during the period in which 
     such declaration is in effect, that a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States is not required to make the attestation 
     or conduct the verification required under subparagraph (A) 
     until, at the latest, 90 days after the hiring, recruitment, 
     or referral, if the individual hired, recruited or referred 
     attests under penalty of perjury at the time of being hired, 
     recruited, or referred that the individual does not possess 
     the documents necessary to satisfy clause (i) or (ii) of 
     subparagraph (A) as a result of such disaster.''.
       (b) Conforming Amendment.--Section 274A(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(b)(2)) is 
     amended by adding at the end the following:
     ``Paragraph (1)(F) shall not be construed to affect the 
     obligation under the preceding sentence.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to hiring, recruitment, or referral of an 
     individual for employment in the United States occurring on 
     or after August 29, 2005.

     SEC. 10. REPLACEMENT OF DOCUMENTS EVIDENCING IDENTITY AND 
                   EMPLOYMENT AUTHORIZATION FOR VICTIMS OF 
                   HURRICANE KATRINA.

       (a) Immediate Assistance.--
       (1) Document replacement.--The Secretary of Homeland 
     Security is authorized to provide immediate assistance in 
     States in which persons displaced by a specified hurricane 
     disaster are residing for the purpose of replacing for such 
     persons documents that were--
       (A) previously issued by the Secretary and described in 
     subparagraph (B), (C), or (D) of section 274A(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)); and
       (B) lost, stolen, or destroyed due to such disaster.
       (2) Substitute.--Where replacement of a document described 
     in paragraph (1) is not feasible, the Secretary of Homeland 
     Security may provide to a displaced person described in such 
     paragraph a temporary substitute document.
       (b) Procedures for Document Replacement.--The Secretary of 
     Homeland Security shall ensure that, when the Secretary 
     replaces (or provides a temporary substitute for) a document 
     relating to an alien and described in subparagraph (B), (C), 
     or (D) of section 274A(b)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)(1)) that was lost, stolen, 
     or destroyed due to a specified hurricane disaster, the 
     Secretary--
       (1) authenticates information using biometric identifiers 
     contained in records of the Department of Homeland Security; 
     and
       (2) annotates the records in U.S. Citizenship and 
     Immigration Services information systems in such a way as to 
     indicate that the replacement or substitute document was 
     issued in the absence of an original due to such disaster.

[[Page H8175]]

       (c) Waiver of Fees for Database Access.--
       (1) U.S. citizenship and immigration services.--The 
     Director of U.S. Citizenship and Immigration Services is 
     authorized to waive fees and costs associated with a request, 
     made by a person or agency described in paragraph (2), for 
     use of the Verification Information System database 
     associated with the Systematic Alien Verification for 
     Entitlements Program in order to verify immigration status or 
     employment eligibility with respect to a displaced person 
     described in subsection (a)(1).
       (2) Requesting persons.--The persons described in this 
     paragraph are as follows:
       (A) Employers.
       (B) State or local government agencies.
       (C) The American National Red Cross.
       (D) Organizations described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code whose mission is to assist 
     displaced persons described in subsection (a)(1).

     SEC. 11. AGE-OUT PROTECTIONS.

       In administering Federal immigration laws, the Secretary of 
     Homeland Security may grant any application or benefit 
     notwithstanding the applicant or beneficiary (including a 
     derivative beneficiary of a principal applicant or 
     beneficiary) reaching an age that would render the applicant 
     or beneficiary ineligible for the relief or benefit sought, 
     if the failure to meet the age requirement is a consequence 
     of a specified hurricane disaster.

     SEC. 12. EVIDENCE OF DEATH, DISABILITY, OR LOSS OF 
                   EMPLOYMENT.

       (a) In General.--The Secretary of Homeland Security shall 
     establish appropriate standards for evidence demonstrating, 
     for purposes of this Act, that any of the following occurred 
     as a consequence of a specified hurricane disaster.
       (1) Death.
       (2) Disability.
       (3) Loss of employment due to physical damage to, or 
     destruction of, a business.
       (b) Death Certificates.--The standards established under 
     subsection (a) shall authorize the Secretary to make a 
     determination of death in the absence of a death certificate, 
     where appropriate.
       (c) Affidavit of Surviving Spouse.--For purposes of a 
     benefit under section 2, or subsection (b) or (c) of section 
     4, that is conditioned on the beneficiary having been the 
     spouse of an individual who died as a consequence of a 
     specified hurricane disaster, the standards established under 
     subsection (a) shall authorize the Secretary to make a 
     determination of death based on the sworn affidavit of such 
     surviving spouse, in the absence of evidence to the contrary.

     SEC. 13. WAIVER OF REGULATIONS.

       The Secretary of Homeland Security shall carry out this Act 
     as expeditiously as possible. The Secretary of Homeland 
     Security is not required to promulgate regulations prior to 
     implementing this Act.

     SEC. 14. DEFINITIONS.

       (a) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this Act, the definitions used in the Immigration and 
     Nationality Act (excluding the definitions applicable 
     exclusively to title III of such Act) shall apply in the 
     administration of this Act.
       (b) Specified Hurricane Disaster.--For purposes of this 
     Act, the term ``specified hurricane disaster'' means any 
     major disaster resulting from Hurricane Katrina declared by 
     the President under the Robert T. Stafford Disaster and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.).

  The SPEAKER pro tempore (Mr. Culberson). Pursuant to the rule, the 
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from 
Virginia (Mr. Scott) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 3827, the bill 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Hurricane Katrina has devastated the lives of hundreds 
of thousands of individuals living along the gulf coast. This 
population includes legal aliens who may now face hardships under our 
immigration laws as a result of being displaced by the storm or, worse 
yet, due to the loss of a loved one. Today we have the opportunity to 
provide humanitarian relief to these hurricane victims by passing H.R. 
3827.
  I have worked with my ranking member, the gentleman from Michigan 
(Mr. Conyers), to develop this legislation to help law-abiding aliens 
and their families avoid unfair consequences and get back on their 
feet. It is similar to the relief that we provided in the USA PATRIOT 
Act of 2001 for the legal immigrant victims of September 11. I will 
briefly outline some of the bill's most significant provisions.
  First, the bill provides special immigration status to individuals 
whose immigration petitions were nullified as a result of Hurricane 
Katrina. This relief would be available to aliens who were the 
beneficiary of an immigration petition or labor certification 
application before Katrina struck if the petitioner or applicant died 
or was disabled or, in the case of an employment-based petition, the 
placement was destroyed.
  Grandparents of orphans are also provided special immigration status 
in cases where both parents died as a result of the hurricane, if at 
least one of those parents was a citizen or legal permanent resident.
  The bill also allows spouses and children of citizens and legal 
permanent residents who died as a consequence of the hurricane to 
continue their petitions as if the death had not occurred. Without this 
relief, many spouses and children would have their visa petitions 
nullified. This legislation also provides similar relief for the 
immediate relatives of asylees and refugees who died because of the 
hurricane.
  Many people were displaced from their homes and stranded in other 
locations during and after Hurricane Katrina. As a result, there may be 
instances in which an alien might not be able to meet the deadline set 
forth in our immigration laws. This bill provides an extension of 
status until December 31 for nonimmigrant aliens who were lawfully 
present on the date of the hurricane but who were unable to timely 
depart the country as a result of Hurricane Katrina.
  H.R. 3827 also provides relief for individuals who were the 
recipients of immigrant visas but who were not able to use them 
immediately as a consequence of the hurricane. Additionally, this bill 
assists aliens, lawfully in the United States on student visas, by 
preventing them from falling out of status due to hurricane-related 
circumstances, provided they are reenrolled in another qualifying 
school by February 1, 2006.
  Undoubtedly, some lawful aliens lost their green cards and other 
federally issued work authorization documents as a result of Hurricane 
Katrina.

                              {time}  1100

  In order to help these people get back on their feet as soon as 
possible, this bill authorizes expeditious replacement of these 
documents. Further, the bill allows employers to make jobs available to 
citizens and aliens who lost their work authorization documents in the 
hurricane. Employers will be required to check the documents of these 
workers within 90 days after the worker has received replacement 
documents. Individuals will be able to begin working and supporting 
themselves and their families while providing sufficient time for the 
employee to obtain replacement documents.
  Finally, for individuals who resided in the hurricane-affected 
regions, this legislation allows individuals to take the oath of 
citizenship in any Federal court without regard to residence.
  Mr. Speaker, the Immigration Relief for Hurricane Katrina Victims Act 
of 2005 is one more way we can help gulf coast residents rebuild their 
lives. I urge my colleagues to support this bipartisan bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 3827 was introduced by the gentleman from Wisconsin (Chairman 
Sensenbrenner); the ranking member of the Committee on the Judiciary, 
the gentleman from Michigan (Mr. Conyers); and the ranking member of 
the Subcommittee on Immigration, the gentlewoman from Texas (Ms. 
Jackson-Lee).
  Mr. Speaker, among the many tragic consequences of Hurricane Katrina, 
immigrants and foreign visitors lost important immigration benefits; as 
the gentleman from Wisconsin (Mr. Sensenbrenner) indicated, spouses who 
had filed family-based visa petition on behalf of their family members 
who may have died, and that obviously nullifies those petitions. This 
bill would provide special immigration status for the surviving family 
members.
  Another example is the plight of foreign students who lost their 
schools in

[[Page H8176]]

the hurricane. This bill would allow them to continue their student 
status at a new school if they can resume their studies by February 1. 
This bill was the result of bipartisan cooperation, and I urge my 
colleagues to support the Immigration Relief for Hurricane Katrina 
Victims Act of 2005.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, hurricane Katrina may be the 
worst natural disaster to hit the United States in the last hundred 
years. As of September 15, 2005, Federal disaster declarations have 
been issued which cover 90,000 square miles of affected areas. More 
than 71,100 federal personnel have been deployed; 122,000 people are 
housed in shelters throughout the 50 states and the District of 
Columbia; and 509,000 households have received $1.1 billion in disaster 
assistance.
  As the ranking member of the Subcommittee on Immigration, Border 
Security, and Claims, I also am concerned about the impact the 
hurricane has had on the foreign nationals who were residing in the 
disaster area. I rise today in support of a bipartisan bill that was 
introduced by my colleague Congressman F. James Sensenbrenner which 
would provide relief to these disaster victims too, the Immigration 
Relief for Hurricane Katrina Victims Act of 2005. I am pleased to be an 
original cosponsor of this bill.
  I want to thank Congressman Sensenbrenner for his leadership on this 
issue and for his willingness to work with me and with my colleague, 
Congressman John Conyers, in drafting the provisions of the bill. The 
Immigration Relief for Hurricane Katrina Victims Act is an example of 
what can be accomplished when we work together.
  Among other things, it would provide special immigrant status for 
aliens who were the beneficiaries of immigrant petitions or labor 
certification applications pending on the date of Hurricane Katrina's 
arrival. It also would provide special immigrant status for the 
grandparents of orphans in cases where both parents died as a 
consequence of the hurricane and one of the parents was a citizen or a 
lawful permanent resident.
  It would provide nonimmigrant status for aliens who were disabled, or 
whose spouse or parent died or was disabled, as a consequence of 
Hurricane Katrina. It would provide that the spouses and children of 
citizens who died as a consequence of the hurricane would continue to 
be considered ``immediate relatives'' for visa petition purposes.
  It would provide further that the spouses, children, and unmarried 
sons and daughters of lawful permanent residents who died as a 
consequence of the hurricane while a visa petition was pending in their 
behalf, would continue to be eligible for the preference classification 
they would have had if the deaths had not occurred.
  The Immigration Relief for Hurricane Katrina Victims Act would 
provide relief for nonimmigrant students and exchange program 
participants by giving them enough time to enroll in a new program.
  The Immigration Relief for Hurricane Katrina Victims Act also would 
provide a variety of fixes for administrative problems. For instance, 
it would extend the deadline for notifying the Department of Homeland 
Security regarding a change of address. It would allow the Secretary of 
Homeland Security to postpone employment eligibility requirements for 
employers for a 90-day period when a natural disaster has been 
declared.
  It would authorize the Secretary to provide immediate assistance for 
replacing documents issued by the Secretary that were lost, stolen, or 
destroyed due to the hurricane. Where replacement of a document is not 
feasible, the Secretary would be authorized to issue temporary 
substitute documents.
  One of my goals in working on this bill was to ensure that people 
will be able to establish eligibility for the relief that they are 
entitled to receive. For instance, it may not be possible to obtain a 
death certificate as proof that a spouse or parent was killed by the 
hurricane. The Immigration Relief for Hurricane Katrina Victims Act 
would provide the Secretary with the authority to make a determination 
of death in the absence of a death certificate where this is 
appropriate. In other situations, it would authorize the Secretary to 
make the death determination solely on the basis of a sworn affidavit.
  I urge you to vote for the Immigration Relief for Hurricane Katrina 
Victims Act of 2005.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Culberson). The question is on the 
motion offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that 
the House suspend the rules and pass the bill, H.R. 3827.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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