I 
109TH CONGRESS 
1ST SESSION H. R. 3364 
To amend the Nicaraguan Adjustment and Central American Relief Act 
to identify and register certain Central Americans residing in the United 
States. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2005 
Mr. TOM DAVIS of Virginia (for himself, Mr. BERMAN, Mr. SMITH of New 
Jersey, Mr. MARIO DIAZ-BALART of Florida, Mr. LINCOLN DIAZ-BALART 
of Florida, Ms. ROS-LEHTINEN, Mr. CANNON, Mr. MCGOVERN, Ms. 
SOLIS, Ms. LINDA T. SA´NCHEZ of California, Mr. MORAN of Virginia, 
and Mr. GUTIERREZ) introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To amend the Nicaraguan Adjustment and Central American 
Relief Act to identify and register certain Central Ameri-
cans residing in the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Central American Se-
curity Act’’.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS 
FROM EL SALVADOR, GUATEMALA, AND HON-
DURAS. 
Section 202 of the Nicaraguan Adjustment and Cen-
tral American Relief Act (title II of Public Law 105–100; 
8 U.S.C. 1255 note) is amended— 
(1) in the section heading, by striking ‘‘NICA-
RAGUANS
AND
CUBANS’’ and inserting ‘‘NICA-
RAGUANS, CUBANS, SALVADORANS, GUATEMALANS, 
AND HONDURANS’’; 
(2) in subsection (a)(1)(A), by striking ‘‘April 
1, 2000’’ and inserting ‘‘two years after the date of 
promulgation of a final rule implementing the Cen-
tral American Security Act’’; 
(3) in subsection (b)(1), by striking ‘‘Nicaragua 
or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal-
vador, Guatemala, or Honduras’’; and 
(4) in subsection (d)(1)(E), by striking ‘‘April 
1, 2000’’ and inserting ‘‘two years after the date of 
promulgation of a final rule implementing the Cen-
tral American Security Act’’.
SEC. 3. APPLICATIONS PENDING UNDER AMENDMENTS 
MADE BY SECTION 203 OF THE NICARAGUAN 
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT. 
An application for relief properly filed by a national 
of Guatemala or El Salvador under the amendments made 
by section 203 of the Nicaraguan Adjustment and Central 
American Relief Act which was filed on or before the date 
of the enactment of this Act, and on which a final adminis-
trative determination has not been made, shall, at the elec-
tion of the applicant, be considered to be an application 
for adjustment of status under the provisions of section 
202 of the Nicaraguan Adjustment and Central American 
Relief Act, as amended by this Act, upon the payment of 
any fees, and in accordance with procedures, that the Sec-
retary of Homeland Security shall prescribe by regulation. 
The Attorney General and the Secretary of Homeland Se-
curity may not refund any fees paid in connection with 
an application filed by a national of Guatemala or El Sal-
vador under the amendments made by section 203 of that 
Act.
SEC. 4. TECHNICAL AMENDMENTS TO THE NICARAGUAN 
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT. 
(a) IN GENERAL.—Section 202 of the Nicaraguan 
Adjustment and Central American Relief Act (title II of 
Public Law 105–111; 8 U.S.C. 1255 note) is amended— 
(1) in subsection (a)— 
(A) by inserting before the period at the 
end of paragraph (1)(B) the following: ‘‘, and 
the Secretary of Homeland Security may waive 
the grounds of inadmissibility specified in para-
graphs (1)(A)(i) and (6)(C) of section 212(a) of 
such Act for humanitarian purposes, to assure 
family unity, or when it is otherwise in the pub-
lic interest’’; and 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, or 
removed, or ordered to depart voluntarily from the 
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such 
order, apply for adjustment of status under para-
graph (1). Such an alien may not be required, as a 
condition of submitting or granting such application,
to file a separate motion to reopen, reconsider, or 
vacate such order. Such an alien may be required to 
seek a stay of such an order in accordance with sub-
section (c) to prevent the execution of the order 
pending the adjudication of the application for ad-
justment of status. If the Secretary of Homeland Se-
curity denies a stay of a final order of exclusion, de-
portation, or removal, or if the Secretary renders a 
final administrative determination to deny the appli-
cation for adjustment of status, the order shall be 
effective and enforceable to the same extent as if the 
application had not been made. If the Secretary 
grants the application for adjustment of status, the 
Secretary shall cancel the order.’’; 
(2) in subsection (b)(1), by adding at the end 
the following: ‘‘Subsection (a) shall not apply to an 
alien lawfully admitted for permanent residence, un-
less the alien is applying for relief under that sub-
section in deportation or removal proceedings.’’; 
(3) in subsection (c)(1), by adding at the end 
the following: ‘‘Nothing in this section requires the 
Secretary of Homeland Security to stay the removal 
of an alien who is ineligible for adjustment of status 
under this section.’’; 
(4) in subsection (d)—