679 
(f) Section 14005(d)(5) of such division is amend-
ed— 
(1) by striking ‘‘1116(a)(7)(C)(iv)’’ and insert-
ing ‘‘1116(b)(7)(C)(iv)’’; and 
(2) by striking ‘‘1116(a)(8)(B)’’ and inserting 
‘‘1116(b)(8)(B)’’. 
(g) Section 14011 of such division is amended by in-
serting before the period at the end the following: ‘‘, unless 
such funds are used to provide special education and re-
lated services to children with disabilities, as authorized 
by the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.)’’. 
(h) Section 14012(c) of such division is amended to 
read as follows: 
‘‘(c) CRITERIA.—The Secretary shall not grant a 
waiver or modification under this section unless the Sec-
retary determines that the State receiving such waiver or 
modification will not provide for elementary, secondary, 
and public higher education, for the fiscal year under con-
sideration, a smaller percentage of the total revenues 
available to the State than the percentage provided for 
such purpose in the preceding fiscal year.’’. 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00679
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
680 
TITLE VI 
AFGHAN ALLIES PROTECTION ACT OF 2009 
SEC. 601. SHORT TITLE. 
This Act may be cited as the ‘‘Afghan Allies Protec-
tion Act of 2009’’. 
SEC. 602. PROTECTION FOR AFGHAN ALLIES. 
(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Committee 
on the Judiciary of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Committee 
on the Judiciary of the House of Representatives. 
(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AF-
GHANS.— 
(1) IN GENERAL.—Subject to paragraph (3), 
the Secretary of Homeland Security, or, notwith-
standing any other provision of law, the Secretary of 
State in consultation with the Secretary of Home-
land Security, may provide an alien described in sub-
paragraph (A), (B), or (C) of paragraph (2) with 
the status of a special immigrant under section 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00680
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS
681 
101(a)(27) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)), if the alien— 
(A) or an agent acting on behalf of the 
alien, submits a petition for classification under 
section 203(b)(4) of such Act (8 U.S.C. 
1153(b)(4)); 
(B) is otherwise eligible to receive an im-
migrant visa; 
(C) is otherwise admissible to the United 
States for permanent residence (excluding the 
grounds for inadmissibility specified in section 
212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); 
and 
(D) clears a background check and appro-
priate screening, as determined by the Sec-
retary of Homeland Security. 
(2) ALIENS DESCRIBED.— 
(A) PRINCIPAL ALIENS.—An alien is de-
scribed in this subparagraph if the alien— 
(i) is a citizen or national of Afghani-
stan; 
(ii) was or is employed by or on behalf 
of the United States Government in Af-
ghanistan on or after October 7, 2001, for 
not less than one year; 
VerDate Nov 24 2008 
05:11 Feb 24, 2009
Jkt 079200
PO 00000
Frm 00681
Fmt 6652
Sfmt 6201
E:\BILLS\H1105.IH
H1105
jbell on PROD1PC69 with BILLS