59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–158 

TO INCREASE THE NUMBER OF IRAQI AND AFGHANI 

TRANSLATORS AND INTERPRETERS WHO MAY BE ADMITTED TO THE UNITED STATES AS SPECIAL IMMIGRANTS 

MAY 21, 2007.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany S. 1104] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(S. 1104) to increase the number of Iraqi and Afghani translators 

and interpreters who may be admitted to the United States as special immigrants, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill as 

amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority and Tax Expenditures ...................................................... 4 

Congressional Budget Office Cost Estimate .......................................................... 4 

Performance Goals and Objectives ......................................................................... 5 

Constitutional Authority Statement ...................................................................... 5 

Advisory on Earmarks ............................................................................................. 5 

Section-by-Section Analysis .................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 


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THE AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS SERVING AS TRANSLATORS 

OR INTERPRETERS WITH FEDERAL AGENCIES. 

(a) INCREASE IN NUMBERS ADMITTED.—Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (B), by striking ‘‘as a translator’’ and inserting ‘‘, 

or under Chief of Mission authority, as a translator or interpreter’’; 

(B) in subparagraph (C), by inserting ‘‘the Chief of Mission or’’ after 

‘‘recommendation from’’; and 

(C) in subparagraph (D), by inserting ‘‘the Chief of Mission or’’ after ‘‘as 

determined by’’; and 

(2) in subsection (c)(1), by striking ‘‘section during any fiscal year shall not 

exceed 50.’’ and inserting the following: ‘‘section—

‘‘(A) during each of the fiscal years 2007 and 2008, shall not exceed 

500; and 

‘‘(B) during any other fiscal year shall not exceed 50.’’. 

(b) ALIENS EXEMPT FROM EMPLOYMENT-BASED NUMERICAL LIMITATIONS.—Section 1059(c)(2) of such Act is amended—

(1) by amending the paragraph designation and heading to read as follows: 

‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT-BASED NUMERICAL LIMITATIONS.—’’; 

and 

(2) by inserting ‘‘and shall not be counted against the numerical limitations 

under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality 

Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4))’’ before the period at the end. 

(c) ADJUSTMENT OF STATUS.—Section 1059 of such Act is further amended—

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding paragraphs (2), (7) and (8) of 

section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful 

permanent resident under section 245(a) of such Act if the alien—

‘‘(1) was paroled or admitted as a nonimmigrant into the United States; and 

‘‘(2) is otherwise eligible for special immigrant status under this section and 

under the Immigration and Nationality Act.’’. 

PURPOSE AND SUMMARY

Iraqi and Afghani translators and interpreters provide vital assistance in their home countries to the mission of the United States 

Armed Forces and Department of State. Their work for the United 

States government often makes them targets of death squads, militias, and al-Qaeda. Many translators and interpreters are forced 

into hiding and are unable to escape this threat. S. 1104 would expand existing law to authorize 500 special immigrant visas annually for the next 2 years, and expand eligibility for the visas to include both translators and interpreters working for the Chief of 

Mission or the United States Armed Forces in Iraq or Afghanistan. 

BACKGROUND AND NEED FOR THE LEGISLATION

During our Nation’s military operations in Iraq and Afghanistan, 

nationals of these two countries have risked their lives in order to 

serve in the key function of translator or interpreter—a critical link 

between our troops and the Iraqi and Afghani people. As a result 

of their service, many Iraqi and Afghani employees of the United 

States Government—targeted by insurgents as U.S. collaborators—

have been forced to leave their families and go into hiding. While 

these employees could eventually be eligible for refugee status, 


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1 Nir Rosen, The Flight from Iraq, N.Y. TIMES MAGAZINE, May 13, 2007 

many have been specifically singled out because of their work for 

the United States and are in need of immediate resettlement. 

In the National Defense Authorization Act for Fiscal Year 2006 

(P.L. 109–163), Congress authorized fifty special immigrant visas 

annually for Iraqi and Afghani translators who were employed for 

at least a year by the U.S. Armed Forces and who passed required 

background checks in Iraq prior to filing a visa petition. Since the 

initial authorization in FY2006, more than 600 Iraqi and Afghani 

translators working for our Armed Forces have been approved for 

these visas, and an increasing number of Iraqis and Afghanis have 

come under threat for their cooperation with the United States. 

In response to this growing threat and backlog, Senator Richard 

Lugar (R-IN) introduced S. 1104 on April 12, 2007, with 11 bipartisan original cosponsors. The bill was passed by the Senate on the 

same day by unanimous consent. Representatives Jeff Fortenberry 

(R-NE) and Howard Berman (D-CA) introduced H.R. 1790, legislation similar but not identical to S. 1104, in the House on March 

29, 2007. There are currently ten times as many translators and 

interpreters approved and awaiting visas that will allow them to 

flee threats in Iraq and Afghanistan than there are visas available. 

Knowing that there are potentially dire consequences in delay, the 

Committee chose to consider the Senate-passed legislation in the 

interest of expediting its enactment. 

In approving this bill for expedited consideration, the Committee 

acknowledges the issues that are left unaddressed. There appears 

to be little reason to limit this relief to those serving with our Missions in Iraq and Afghanistan as a translator or interpreter. Iraqis 

and Afghanis are serving in many different functions in aid of our 

Missions there, and as their lives come under threat as a result, 

they would seem similarly deserving of our help in delivering them 

from harm’s way. There is also the question of whether these 

would-be refugees should be granted access to refugee assistance 

programs promptly once they arrive in the United States. 

Finally, in light of the growing backlog of approved visa petitioners—roughly 500—and the slow process of completing background checks in DHS, the Committee may wish to consider enacting a carryover provision that would permit visas left unused in 

one fiscal year to be added to the authorized totals in subsequent 

fiscal years when there is a pending backlog. 

In this regard, the Committee wishes to reaffirm that nothing in 

this legislation changes the authority or the duties of the Department of Homeland Security regarding the completion of the background check and the decision whether to issue a visa. 

Though the Administration has not issued a Statement of Administration Position on S. 1104, the Department of State has indicated publicly its support for efforts like S. 1104. Paula 

Dobriansky, Undersecretary of State for Democracy and Global Affairs recently conveyed that the United States is ‘‘committed to 

honoring our moral debt to those Iraqis who have provided assistance to the U.S. military and embassy.’’ 1

HEARINGS

The Committee on the Judiciary held no hearings on S. 1104. 


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COMMITTEE CONSIDERATION

On May 17, 2007, the Committee met in open session and ordered the bill S. 1104 favorably reported with an amendment, by 

voice vote, a quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of S.1104. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, S. 1104, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 21, 2007. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1104, an act to increase the 

number of Iraqi and Afghani translators and interpreters who may 

be admitted to the United States as special immigrants. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

PETER R. ORSZAG, DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 


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S. 1104—An act to increase the number of Iraqi and Afghani translators and interpreters who may be admitted to the United 

States as special immigrants. 

Current law allows certain nationals of Iraq or Afghanistan who 

have worked with the U.S. Armed Forces as translators to apply 

for permanent U.S. residence as special immigrants. This opportunity is limited to 50 individuals, plus their families, during any 

fiscal year. 

S. 1104 would increase the current limit to 500 translators or interpreters, plus their families, for each of fiscal years 2007 and 

2008. Enacting this legislation could affect direct spending and revenues by the Department of Homeland Security, the Department of 

State, and certain Federal assistance programs. Because so few 

special visas would be provided, however, CBO estimates that S. 

1104 would have no significant budgetary impact. 

S. 1104 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no significant costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Mark Grabowicz, who 

can be reached at 226–2860. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, S. 1104, as amended, 

is intended to increase the ability of the United States Government 

to provide visas to Iraqi and Afghani translators and interpreters 

whose lives are threatened as a result of their service to our Nation’s missions in Iraq and Afghanistan. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8, clause 4 of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, S. 1104 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of Rule XXI. 

SECTION-BY-SECTION ANALYSIS

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Special Immigrant Status for Certain Aliens Serving as 

Translators or Interpreters with Federal Agencies. Section 1(a) 

amends section 1059 of the National Defense Authorization Act for 

Fiscal Year 2006, 8 U.S.C. § 1101 note, to increase the number of 

special immigrants that can be admitted to 500 for fiscal years 

2007, 2008, and 2009. It also expands the eligibility for these visas 

to include both interpreters and translators and broadens the scope 

of required employment to include those working for the Chief of 

Mission 


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Subsection (b) clarifies that special immigrants entering under 

this provision will not count against country limits or numerical 

limits on employment-based or special immigrant status. 

Subsection (c) ensures that Iraqi and Afghani nationals that 

qualify for special immigrant status and either have been paroled 

into the United States or have already entered the United States 

in another lawful non-immigrant status, are still eligible for a visa 

under this section. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

SECTION 1059 OF THE NATIONAL DEFENSE 

AUTHORIZATION ACT FOR FISCAL YEAR 2006 

SEC. 1059. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS 

TRANSLATORS WITH UNITED STATES ARMED FORCES. 

(a) * * * 

(b) ALIENS DESCRIBED.— (1) PRINCIPAL ALIENS.—An alien is described in this subsection if the alien— (A) * * * 

(B) worked directly with United States Armed Forces 

øas a translator¿, or under Chief of Mission authority, as 

a translator or interpreter for a period of at least 12 

months; 

(C) obtained a favorable written recommendation from 

the Chief of Mission or a general or flag officer in the chain 

of command of the United States Armed Forces unit that 

was supported by the alien; and 

(D) before filing the petition described in subsection 

(a)(1), cleared a background check and screening, as determined by the Chief of Mission or a general or flag officer 

in the chain of command of the United States Armed 

Forces unit that was supported by the alien. 

* * * * * * * 

(c) NUMERICAL LIMITATIONS.—

(1) IN GENERAL.—The total number of principal aliens who 

may be provided special immigrant status under this øsection 

during any fiscal year shall not exceed 50.¿ section—

(A) during each of the fiscal years 2007 and 2008, 

shall not exceed 500; and 

(B) during any other fiscal year shall not exceed 50. 

ø(2) COUNTING AGAINST SPECIAL IMMIGRANT CAP.—¿ (2) 

ALIENS EXEMPT FROM EMPLOYMENT-BASED 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 deVerDate Aug 31 2005 00:32 May 22, 2007 Jkt 059006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\HR158.XXX HR158

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scribed 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 and shall not be counted against the numerical 

limitations under sections 201(d), 202(a), and 203(b)(4) of the 

Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), 

and 1153(b)(4)). (d) ADJUSTMENT OF STATUS.—Notwithstanding paragraphs (2), 

(7) and (8) of section 245(c) of the Immigration and Nationality Act 

(8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust 

the status of an alien to that of a lawful permanent resident under 

section 245(a) of such Act if the alien— (1) was paroled or admitted as a nonimmigrant into the 

United States; and 

(2) is otherwise eligible for special immigrant status under 

this section and under the Immigration and Nationality Act. 

ø(d)¿ (e) APPLICATION OF IMMIGRATION AND NATIONALITY ACT

PROVISIONS.—The definitions in subsections (a) and (b) of section 

101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall 

apply in the administration of this section. 

Æ 


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