I 

110TH CONGRESS 

1ST SESSION H. R. 1790 

To amend the National Defense Authorization Act for Fiscal Year 2006 

to expand the provision of special immigrant status for certain aliens, 

including translators or interpreters, serving with Federal agencies in 

Iraq and Afghanistan. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. FORTENBERRY (for himself and Mr. BERMAN) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the National Defense Authorization Act for Fiscal 

Year 2006 to expand the provision of special immigrant 

status for certain aliens, including translators or interpreters, serving with Federal agencies in Iraq and Afghanistan. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SPECIAL IMMIGRANT STATUS FOR CERTAIN 

2 ALIENS, INCLUDING TRANSLATORS AND IN3 TERPRETERS, SERVING WITH FEDERAL 

4 AGENCIES IN IRAQ AND AFGHANISTAN. 

5 (a) INCREASE IN NUMBERS ADMITTED AND ALIENS

6 ELIGIBLE.— 

7 (1) IN GENERAL.—Section 1059 of the Na8 tional Defense Authorization Act for Fiscal Year 

9 2006 (8 U.S.C. 1101 note) is amended— 

10 (A) in the heading, by striking ‘‘AS

11 TRANSLATORS WITH UNITED STATES

12 ARMED FORCES’’ and inserting ‘‘WITH FED13 ERAL AGENCIES IN IRAQ AND AFGHANI14 STAN’’; 

15 (B) in subsection (b)(1)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘as a translator’’ and inserting ‘‘, or under 

18 Chief of Mission authority, as a translator, 

19 interpreter, or other capacity’’ ; 

20 (ii) in subparagraph (C), by inserting 

21 ‘‘the Chief of Mission or’’ after ‘‘rec22 ommendation from’’; and 

23 (iii) in subparagraph (D), by inserting 

24 ‘‘the Chief of Mission or’’ after ‘‘as deter25 mined by’’; and 


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1 (C) in subsection (c)(1), by inserting ‘‘(or, 

2 beginning with fiscal year 2007, 500 or such 

3 greater number as the Secretary of Homeland 

4 Security determines is warranted by the cir5 cumstances)’’ after ‘‘50’’. 

6 (2) REVIEW.—If the circumstances warrant, 

7 the Secretary of Homeland Security, in consultation 

8 with the Secretary of State, shall review the numer9 ical limitation established under section 1059(c)(1) 

10 of such Act, as amended by paragraph (1)(B), and 

11 may submit a report to Congress recommending an 

12 increase in such limitation. 

13 (3) REPORT.—The Secretary of Homeland Se14 curity shall submit to Congress a report whenever 

15 the Secretary increases, under subsection (c)(1) of 

16 section 1059 of such Act, as amended by paragraph 

17 (1)(B), the number of aliens provided special immi18 grant status under such section. Such report shall 

19 include an explanation of the circumstances war20 ranting such increase. 

21 (b) EXCLUSION FROM NUMERICAL LIMITATION.— 

22 Section 1059(c)(2) of such Act is amended— 

23 (1) in the heading, by striking ‘‘COUNTING

24 AGAINST’’ and inserting ‘‘EXCLUSION FROM’’; and 


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1 (2) by inserting before the period at the end the 

2 following: ‘‘but shall not be counted against any nu3 merical limitation under section 201(d), 202(a), or 

4 203(b)(4) of such Act (8 U.S.C. 1151(d), 1152(a), 

5 and 1153(b)(4))’’. 

6 (c) ADJUSTMENT OF STATUS.—Section 1059 of such 

7 Act is further amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding 

13 paragraphs (2), (7), and (8) of section 245(c) of the Immi14 gration and Nationality Act (8 U.S.C. 1255(c)), the Sec15 retary of Homeland Security may adjust the status of an 

16 alien to that of a lawful permanent resident under section 

17 245(a) of such Act if the alien— 

18 ‘‘(1) was paroled or admitted as a non19 immigrant into the United States; and 

20 ‘‘(2) is otherwise eligible for special immigrant 

21 status under this section and under the Immigration 

22 and Nationality Act.’’. 

23 (d) REFUGEE ASSISTANCE ELIGIBILITY.—Section 

24 1059 of such Act, as amended by subsection (c), is further 

25 amended— 


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

2 (2) by inserting after subsection (d) the fol3 lowing: 

4 ‘‘(e) ELIGIBILITY FOR REFUGEE ASSISTANCE.—Any 

5 alien provided special immigrant status under this section 

6 shall be eligible for benefits under chapter 2 of title IV 

7 of the Immigration and Nationality Act to the same extent 

8 as individuals admitted (or awaiting admission) to the 

9 United States under section 207 of such Act are eligible 

10 for benefits under such chapter.’’. 

11 (e) SUNSET PROVISION.—Section 1059 of such Act, 

12 as amended by subsections (c) and (d), is further amended 

13 by adding at the end the following: 

14 ‘‘(g) SUNSET PROVISION.— 

15 ‘‘(1) IN GENERAL.—This section is repealed on 

16 the date that is 3 years after the date of the enact17 ment of this subsection. 

18 ‘‘(2) APPLICABILITY.—Notwithstanding para19 graph (1), the Secretary of Homeland Security may 

20 provide an alien with the status of a special immi21 grant under this section if— 

22 ‘‘(A) the alien’s petition for such status 

23 was pending before the date described in para24 graph (1); and 


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1 ‘‘(B) the alien was eligible for such status 

2 at the time the petition was filed.’’. 

Æ 


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