IB 

Union Calendar No. 397 

111TH CONGRESS 

2D SESSION H. R. 3290 

[Report No. 111–667] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2009 

Mrs. MALONEY (for herself, Mr. KING of New York, Mr. NADLER of New 

York, Mr. WEINER, Mr. ACKERMAN, Mr. ENGEL, Mr. ISRAEL, Ms. 

CLARKE, Mr. SIRES, Mr. HOLT, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on the Judiciary 

NOVEMBER 30, 2010 

Additional sponsor: Mr. POLIS of Colorado 

NOVEMBER 30, 2010 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 3290 RH

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. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 3290 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘September 11 Family 

5 Humanitarian Relief and Patriotism Act of 2009’’. 

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

7 TERRORISM. 

8 (a) ADJUSTMENT OF STATUS.—The status of any 

9 alien described in subsection (b) may be adjusted by the 

10 Secretary of Homeland Security to that of an alien law11 fully admitted for permanent residence, if the alien— 

12 (1) applies for such adjustment not later than 

13 1 year after the date of the enactment of this Act; 

14 (2) is not inadmissible to the United States 

15 under paragraph (2) or (3) of section 212(a) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1182(a)), or deportable under paragraph (2) or (4) 

18 of section 237(a) of such Act (8 U.S.C. 1227(a)); 

19 and 

20 (3) not later than the date on which the appli21 cation under paragraph (1) is submitted, satisfies 

22 any applicable Federal tax liability by establishing 

23 that— 

24 (A) no such tax liability exists; or 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•HR 3290 RH

1 (B) all outstanding liabilities have been 

2 paid. 

3 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA4 TUS.— 

5 (1) IN GENERAL.—The benefit provided by sub6 section (a) shall apply to any alien who— 

7 (A) was, on September 10, 2001, the 

8 spouse, child, unmarried son, or unmarried 

9 daughter of an alien who died as a direct result 

10 of the terrorist activity conducted against the 

11 United States on September 11, 2001; 

12 (B) was deemed to be a beneficiary of, and 

13 by, the September 11th Victim Compensation 

14 Fund of 2001 (49 U.S.C. 40101); and 

15 (C) made a proffer of information to the 

16 Secretary of Homeland Security between April 

17 24, 2008, and August 15, 2008, in connection 

18 with a request for immigration relief. 

19 (2) EXCEPTION.—An alien shall not be pro20 vided any benefit under this section if the Secretary 

21 of Homeland Security determines that the alien has 

22 willfully made a material misrepresentation or mate23 rial omission in the proffer of information described 

24 in paragraph (1)(C). 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•HR 3290 RH

1 (c) WORK AUTHORIZATION.—The Secretary of 

2 Homeland Security may authorize an alien who has ap3 plied for adjustment of status under subsection (a) to en4 gage in employment in the United States during the pend5 ency of such application. 

6 (d) CONSTRUCTION.—Nothing in this section shall be 

7 construed to limit the existing authority of the Secretary 

8 of Homeland Security on the date of the enactment of this 

9 Act to require any form or other submission of informa10 tion or to perform any background or security check for 

11 the purpose of determining the admissibility, or eligibility 

12 under this section, of any alien. 

13 (e) WAIVER OF REGULATIONS.—The Secretary of 

14 Homeland Security shall issue guidance to carry out this 

15 section not later than 6 months after the date of the enact16 ment of this Act, but is not required to promulgate regula17 tions prior to implementing this section. 

18 (f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

19 When an alien is granted the status of having been law20 fully admitted for permanent residence under this section, 

21 the Secretary of State shall not be required to reduce the 

22 number of immigrant visas authorized to be issued under 

23 the Immigration and Nationality Act (8 U.S.C. 1101 et 

24 seq.). 

25 (g) DEFINITIONS.—For purposes of this section: 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•HR 3290 RH

1 (1) The term ‘‘applicable Federal tax liability’’ 

2 means liability for Federal taxes, including penalties 

3 and interest, owed for any year for which the statu4 tory period for assessment of any deficiency for such 

5 taxes has not expired. 

6 (2) Except as otherwise specifically provided in 

7 this section, the definitions used in the Immigration 

8 and Nationality Act (8 U.S.C. 1101 et seq.) (exclud9 ing the definitions applicable exclusively to title III 

10 of such Act) shall apply in the administration of this 

11 section. 


srobinson on DSKHWCL6B1PROD with BILLS

srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 397 

111TH CONGRESS 

2D SESSION H. R. 3290 

[Report No. 111–667] 

A BILL 

To provide the spouses and children of aliens who 

alien lawfully admitted for permanent residence. opportunity to adjust their status to that of an perished in the September 11 terrorist attacks an 

NOVEMBER 30, 2010 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSKHWCL6B1PROD with BILLS