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[Congressional Record: December 20, 2001 (Senate)]
[Page S14064-S14065]
From the Congressional Record Online via GPO Access []

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to Calendar No. 289, H.R. 1892.
  The PRESIDENT pro tempore. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 1892) to amend the Immigration and Nationality 
     Act to provide for the acceptance of an affidavit of support 
     from another eligible sponsor if the original sponsor has 
     died and the Attorney General has determined for humanitarian 
     reasons that the original sponsor's classification petition 
     should not be revoked.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary, with 
an amendment.

  [Matter to be added is printed in italic.]

                               H.R. 1892

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


       This Act may be cited as the ``Family Sponsor Immigration 
     Act of 2001''.

                   SPONSOR HAS DIED.

       (a) Permitting Substitution of Alternative Close Family 
     Sponsor in Case of Death of Petitioner.--
       (1) Recognition of alternative sponsor.--Section 213A(f)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) 
     is amended to read as follows:
       ``(5) Non-petitioning cases.--Such term also includes an 
     individual who does not meet the requirement of paragraph 
     (1)(D) but who--
       ``(A) accepts joint and several liability with a 
     petitioning sponsor under paragraph (2) or relative of an 
     employment-based immigrant under paragraph (4) and who 
     demonstrates (as provided under paragraph (6)) the means to 
     maintain an annual income equal to at least 125 percent of 
     the Federal poverty line; or
       ``(B) is a spouse, parent, mother-in-law, father-in-law, 
     sibling, child (if at least 18 years of age), son, daughter, 
     son-in-law, daughter-in-law, sister-in-law, brother-in-law, 
     grandparent, or grandchild of a sponsored alien or a legal 
     guardian of a sponsored alien, meets the requirements of 
     paragraph (1) (other than subparagraph (D)), and executes an 
     affidavit of support with respect to such alien in a case in 
       ``(i) the individual petitioning under section 204 for the 
     classification of such alien died after the approval of such 
     petition; and
       ``(ii) the Attorney General has determined for humanitarian 
     reasons that revocation of such petition under section 205 
     would be inappropriate.''.
       (2) Conforming amendment permitting substitution.--Section 
     212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is 
     amended by striking ``(including any additional sponsor 
     required under section 213A(f))'' and inserting ``(and any 
     additional sponsor required under section 213A(f) or any 
     alternative sponsor permitted under paragraph (5)(B) of such 
       (3) Additional conforming amendments.--Section 213A(f) of 
     such Act (8 U.S.C. 1183a(f)) is amended, in each of 
     paragraphs (2) and (4)(B)(ii), by striking ``(5).'' and 
     inserting ``(5)(A).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to deaths occurring before, on, or 
     after the date of the enactment of this Act, except that, in 
     the case of a death occurring before such date, such 
     amendments shall apply only if--
       (1) the sponsored alien--
       (A) requests the Attorney General to reinstate the 
     classification petition that was filed with respect to the 
     alien by the deceased and approved under section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) before such 
     death; and
       (B) demonstrates that he or she is able to satisfy the 
     requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 
     1182(a)(4)(C)(ii)) by reason of such amendments; and
       (2) the Attorney General reinstates such petition after 
     making the determination described in section 
     213A(f)(5)(B)(ii) of such Act (as amended by subsection 
     (a)(1) of this Act).

  Mr. REID. Mr. President, I ask unanimous consent that the committee

[[Page S14065]]

amendment be agreed to, the bill be read a third time and passed, the 
motion to reconsider be laid on the table with no intervening action or 
debate, and that any statements pertaining to this matter be printed in 
the Record.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (H.R. 1892), as amended, was passed.