Afghan Allies Protection Act of 2021
This bill modifies a program providing special immigrant visas to eligible citizens or nationals of Afghanistan who assisted U.S. efforts there and addresses related issues.
The bill extends the program through 2023 and increases the number of visas available.
An individual may become eligible for a visa after assisting U.S. efforts in Afghanistan for one year, whereas currently some individuals must have served for two years. Furthermore, for an applicant qualifying for a visa by performing duties with a NATO mission in Afghanistan, the bill eliminates a requirement that the duties performed qualify as sensitive and trusted duties.
The bill removes a requirement that the individual has experienced or is facing an ongoing serious threat due to their assistance to the United States or NATO.
The Department of State or the Department of Homeland Security may postpone the program's medical examination requirement. An individual who received a postponement must undergo a medical exam within 90 days of admission into the United States.
The bill also expands surviving family member benefits for the Afghanistan program (and a similar program for Iraq) to a surviving spouse or child of an individual who submitted an application to the Chief of Mission that would have been approved but for the individual's death. Currently, such survivor benefits only apply if the deceased individual's petition was approved.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2032 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2032
To extend and modify the Afghan Special Immigrant Visa Program, to
postpone the medical exam for aliens who are otherwise eligible for
such program, to provide special immigrant status for certain surviving
spouses and children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2021
Mrs. Shaheen (for herself, Ms. Ernst, Mr. Wicker, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To extend and modify the Afghan Special Immigrant Visa Program, to
postpone the medical exam for aliens who are otherwise eligible for
such program, to provide special immigrant status for certain surviving
spouses and children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Allies Protection Act of
2021''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) section 1248(h) of the Refugee Crisis in Iraq Act of
2007 (Public Law 110-181; 8 U.S.C. 1157 note) requires the
Secretary of Homeland Security, the Secretary of State, and the
Secretary of Defense to designate senior coordinating
officials, with sufficient expertise, authority, and resources,
to carry out duties relating to the issuance of special
immigrant visas under that Act and the Afghan Allies Protection
Act of 2009 (Public Law 111-8; U.S.C. 1101 note);
(2) the Secretary of Homeland Security, the Secretary of
State, and the Secretary of Defense should take all necessary
steps to designate such senior coordinating officials;
(3) all criteria relating to the requirements for special
immigrant visa applicants under the Refugee Crisis in Iraq Act
of 2007 (Public Law 110-181; 8 U.S.C. 1157 note) and the Afghan
Allies Protection Act of 2009 (Public Law 111-8; 8 U.S.C. 1101
note) should be implemented on the date of the enactment of
this Act;
(4) in the case of any individual with respect to whom the
Chief of Mission has erroneously denied a request for approval
to apply for a special immigrant visa under the Refugee Crisis
in Iraq Act of 2007 (Public Law 110-181; 8 U.S.C. 1157 note) or
the Afghan Allies Protection Act of 2009 (Public Law 111-8; 8
U.S.C. 1101 note), the Chief of Mission should reopen such
requests sua sponte, including for any individual who has--
(A) not appealed;
(B) submitted an appeal; or
(C) had an appeal denied; and
(5) appropriate steps should be taken to ensure that
applications for such special immigrant visas continue to be
processed fairly and expeditiously in the event of a reduction
of in-country personnel.
SEC. 3. EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL IMMIGRANT VISA
PROGRAM.
Section 602(b) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by amending clause (ii) to read as
follows:
``(ii) was or is employed in Afghanistan on
or after October 7, 2001, for not less than 1
year--
``(I) by, or on behalf of, the
United States Government; or
``(II) by the International
Security Assistance Force (or any
successor name for such Force) in a
capacity that required the alien, while
traveling off-base with United States
military personnel stationed at the
International Security Assistance Force
(or any successor name for such Force),
to serve as an interpreter or
translator for such United States
military personnel; and'';
(ii) in clause (iii), by striking ``; and''
and inserting a period; and
(iii) by striking clause (iv);
(B) in subparagraph (D)(ii)(I)(bb)--
(i) in the matter preceding subitem (AA),
by inserting ``per denial or revocation'' after
``written appeal''; and
(ii) in subitem (AA), by inserting ``or
thereafter at the discretion of the Secretary
of State'' after ``in writing'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as
subparagraph (E);
(2) in paragraph (3)(F)--
(A) in the subparagraph heading, by striking
``2021'' and inserting ``2022'';
(B) in the matter preceding clause (i)--
(i) by striking ``exhausted,,'' and
inserting ``exhausted,''; and
(ii) by striking ``26,500'' and inserting
``46,500'';
(C) in clause (i), by striking ``December 31,
2022'' and inserting ``December 31, 2023;''; and
(D) in clause (ii), by striking ``December 31,
2022'' and inserting ``December 31, 2023;'';
(3) in paragraph (4)(A), by inserting ``, including Chief
of Mission approval,'' after ``so that all steps''; and
(4) in paragraph (13), in the matter preceding subparagraph
(A), by striking ``January 31, 2023'' and inserting ``January
31, 2024''.
SEC. 4. POSTPONEMENT OF MEDICAL EXAM FOR AFGHAN ALLIES WHO ARE ELIGIBLE
FOR SPECIAL IMMIGRANT VISAS.
(a) Authorization.--The Secretary of State or the Secretary of
Homeland Security may waive any requirement to undergo a medical exam
under section 232 of the Immigration and Nationality (8 U.S.C. 1222),
or any other applicable requirement to undergo a medical exam prior to
admission to the United States, for aliens described in section
602(b)(2) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note).
(b) Duration.--A waiver under subsection (a) shall be for a period
of 1 year, which may be extended for additional 1-year periods.
(c) Requirement for Medical Exam After Admission.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall ensure that an alien who does not undergo a medical exam
prior to admission to the United States pursuant to this
section receives such an exam not later than 90 days after the
date on which the alien is admitted to the United States.
(2) Report.--With respect to each such alien, not later
than 1 year after the date on which the waiver authority under
subsection (a) is exercised, and not later than the date that
is 1 year after the date on which any extension under
subsection (b) is granted, the Secretary of Homeland Security,
in consultation with the Secretary of Health and Human
Services, shall submit to the appropriate committees of
Congress a report on the medical exams undertaken by the alien
under paragraph (1).
(d) Notification.--With respect to each alien for whom the
Secretary of State or the Secretary of Homeland Security exercises the
waiver authority under subsection (a) or extends such a waiver under
subsection (b), the Secretary of State or the Secretary of Homeland
Security, as applicable, shall notify the appropriate committees of
Congress as soon as practicable thereafter.
(e) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on the
Judiciary, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Armed Services, the Committee on the
Judiciary, the Committee on Foreign Affairs, and the Committee
on Homeland Security of the House of Representatives.
SEC. 5. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND
CHILDREN.
(a) Immigration and Nationality Act.--Section 101(a)(27)(D) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended--
(1) by striking ``an immigrant who is an employee'' and
inserting ``an immigrant who--
``(i) is an employee''; and
(2) by striking ``grant such status;'' and inserting
``grant such status; or
``(ii) is the surviving spouse or child of
an employee of the United States Government
abroad: Provided, That the employee performed
faithful service for a total of not less than
15 years or was killed in the line of duty;''.
(b) Afghan Allies Protection Act of 2009.--Section 602(b)(2)(C) of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended--
(1) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and moving such
items 2 ems to the right;
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and moving such subclauses 2 ems to the
right;
(3) in the matter preceding subclause (I), as redesignated,
by striking ``An alien is described'' and inserting the
following:
``(I) In general.--An alien is
described'';
(4) in clause (i)(I), as redesignated, by striking ``who
had a petition for classification approved'' and inserting
``who had submitted an application to the Chief of Mission'';
and
(5) by adding at the end the following:
``(II) Employment requirements.--An
application by a surviving spouse or
child of a principal alien shall be
subject to employment requirements set
forth in subparagraph (A) as of the
date of the principal alien's filing of
an application for the first time, or
if no application has been filed, the
employment requirements as of the date
of the principal alien's death.''.
(c) Refugee Crisis in Iraq Act of 2007.--Section 1244(b)(3) of the
Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended--
(1) by striking ``described in subsection (b)'' and
inserting ``in this subsection'';
(2) in subparagraph (B), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and moving such
subclauses 2 ems to the right;
(3) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses 2 ems to
the right;
(4) in the matter preceding clause (i), as redesignated, by
striking ``An alien is described'' and inserting the following:
``(A) In general.--An alien is described'';
(5) in subparagraph (A)(i), as redesignated, by striking
``who had a petition for classification approved'' and
inserting ``who submitted an application to the Chief of
Mission''; and
(6) by adding at the end the following:
``(B) Employment requirements.--An application by a
surviving spouse or child of a principal alien shall be
subject to employment requirements set forth in
paragraph (1) as of the date of the principal alien's
filing of an application for the first time, or if the
principal alien did not file an application, the
employment requirements as of the date of the principal
alien's death.''.
(d) Effective Date.--The amendments made by this section shall be
effective on June 30, 2021, and shall have retroactive effect.
SEC. 6. CONVERSION OF PETITIONS FOR SPECIAL IMMIGRANT STATUS FOR
CERTAIN IRAQIS.
Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by
striking subsection (b) and inserting the following:
``(b) Duration.--The authority under subsection (a) shall expire on
the date on which the numerical limitation specified under section 1244
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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