[House Report 110-158]
[From the U.S. Government Publishing Office]
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
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, 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\
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\1\ Nir Rosen, The Flight from Iraq, N.Y. Times Magazine, May 13,
2007
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Hearings
The Committee on the Judiciary held no hearings on S. 1104.
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
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. Sec. 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
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 [as 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 [section 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.
[(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
described 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.
[(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.