[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1786 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1786

    To amend the Afghan Allies Protection Act of 2009 to authorize 
additional special immigrant visas, to require a strategy for efficient 
 processing, and to establish designated senior special immigrant visa 
            coordinating officials, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2023

  Mrs. Shaheen (for herself and Mr. Wicker) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Afghan Allies Protection Act of 2009 to authorize 
additional special immigrant visas, to require a strategy for efficient 
 processing, and to establish designated senior special immigrant visa 
            coordinating officials, 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 
2023''.

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) each applicant for a special immigrant visa under the 
        Afghan Allies Protection Act of 2009 (Public Law 111-8; 8 
        U.S.C. 1101 note) should be provided the opportunity to submit 
        not more than one appeal for each written denial, which would 
        allow the applicant the opportunity to understand and respond 
        to the denial.

SEC. 3. AUTHORIZING ADDITIONAL AFGHAN SPECIAL IMMIGRANT VISAS.

    Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 
(Public Law 111-8; 8 U.S.C. 1101 note) is amended--
            (1) in paragraph (3)(F)--
                    (A) in the subparagraph heading, by striking 
                ``Fiscal years 2015 through 2022'' and inserting 
                ``Fiscal years 2015 through 2029'';
                    (B) in the matter preceding clause (i), by striking 
                ``38,500'' and inserting ``58,500'';
                    (C) in clause (i), by striking ``December 31, 
                2024'' and inserting ``December 31, 2029''; and
                    (D) in clause (ii), by striking ``December 31, 
                2024'' and inserting ``December 31, 2029''; and
            (2) in paragraph (13), in the matter preceding subparagraph 
        (A), by striking ``January 31, 2025'' and inserting ``January 
        31, 2030''.

SEC. 4. EXEMPTION FOR AFGHANS INJURED OR KILLED IN THE COURSE OF 
              EMPLOYMENT.

    Section 602(b)(2)(A) of the Afghan Allies Protection Act of 2009 
(Public Law 111-8; 8 U.S.C. 1101 note) is amended--
            (1) in paragraph (2)(A)--
                    (A) by amending clause (ii) to read as follows:
                            ``(ii)(I) was or is employed in Afghanistan 
                        on or after October 7, 2001, for not less than 
                        1 year--
                                    ``(aa) by, or on behalf of, the 
                                United States Government; or
                                    ``(bb) by the International 
                                Security Assistance Force (or any 
                                successor name for such Force) in a 
                                capacity that required the alien--
                                            ``(AA) 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; or
                                            ``(BB) to perform 
                                        activities for the United 
                                        States military personnel 
                                        stationed at International 
                                        Security Assistance Force (or 
                                        any successor name for such 
                                        Force); or
                            ``(II) in the case of an alien who was 
                        wounded or seriously injured in connection with 
                        employment described in subclause (I), was 
                        employed for any period until the date on which 
                        such wound or injury occurred, if the wound or 
                        injury prevented the alien from continuing such 
                        employment;''; and
                    (B) in clause (iii), by striking ``clause (ii)'' 
                and inserting ``clause (ii)(I)'';
            (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
        (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) or 
        (bb)(BB) of paragraph (2)(A)(ii)(I)'';
            (3) in paragraph (14)(C), by striking ``paragraph 
        (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
            (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
        and inserting ``paragraph (2)(A)(ii)(I)''.

SEC. 5. STRATEGY FOR THE EFFICIENT PROCESSING OF ALL AFGHAN SPECIAL 
              IMMIGRANT VISA APPLICATIONS AND APPEALS.

    Section 602 of the Afghan Allies Protection Act of 2009 (Public Law 
111-8; 8 U.S.C. 1101 note) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``In this section'' and inserting ``Except as 
        otherwise explicitly provided, in this section''; and
            (2) in subsection (b), by adding at the end the following:
            ``(16) Department of state strategy for efficient 
        processing of applications and appeals.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of this paragraph, the 
                Secretary of State, in consultation with the Secretary 
                of Homeland Security, the Secretary of Defense, the 
                head of any other relevant Federal agency, the 
                appropriate committees of Congress, and civil society 
                organizations (including legal advocates), shall 
                develop a strategy to address applications pending at 
                all steps of the special immigrant visa process under 
                this section.
                    ``(B) Elements.--The strategy required by 
                subparagraph (A) shall include the following:
                            ``(i) A review of current staffing levels 
                        and needs across all interagency offices and 
                        officials engaged in the special immigrant visa 
                        process under this section.
                            ``(ii) An analysis of the expected Chief of 
                        Mission approvals and denials of applications 
                        in the pipeline in order to project the 
                        expected number of visas necessary to provide 
                        special immigrant status to all approved 
                        applicants under this Act during the several 
                        years after the date of the enactment of this 
                        paragraph.
                            ``(iii) A plan for collecting and 
                        disaggregating data on--
                                    ``(I) individuals who have applied 
                                for special immigrant visas under this 
                                section; and
                                    ``(II) individuals who have been 
                                issued visas under this section.
                            ``(iv) An assessment as to whether adequate 
                        guidelines exist for reconsidering or reopening 
                        applications for special immigrant visas under 
                        this section in appropriate circumstances and 
                        consistent with applicable laws.
                            ``(v) An assessment of the procedures 
                        throughout the special immigrant visa 
                        application process, including at the 
                        Portsmouth Consular Center, and the 
                        effectiveness of communication between the 
                        Portsmouth Consular Center and applicants, 
                        including an identification of any area in 
                        which improvements to the efficiency of such 
                        procedures and communication may be made.
                    ``(C) Form.--The strategy required by subparagraph 
                (A) shall be submitted in unclassified form but may 
                include an classified annex.
                    ``(D) Appropriate committees of congress defined.--
                In this paragraph, the term `appropriate committees of 
                Congress' means--
                            ``(i) the Committee on Foreign Relations, 
                        the Committee on the Judiciary, the Committee 
                        on Homeland Security and Government Affairs, 
                        and the Committee on Armed Services of the 
                        Senate; and
                            ``(ii) the Committee on Foreign Affairs, 
                        the Committee on the Judiciary, the Committee 
                        on Homeland Security, and the Committee on 
                        Armed Services of the House of 
                        Representatives.''.

SEC. 6. SENIOR COORDINATING OFFICIALS.

    Section 602(b)(2)(D)(ii) of the Afghan Allies Protection Act of 
2009 (Public Law 111-8; 8 U.S.C. 1101) is amended by adding at the end 
the following:
                                    ``(III) Senior special immigrant 
                                visa coordinating officials.--
                                            ``(aa) In general.--The 
                                        head of each Federal agency 
                                        that employs a national of 
                                        Afghanistan who may be eligible 
                                        for a special immigrant visa 
                                        under this section, and the 
                                        head of each Federal agency 
                                        that is integral to the 
                                        processing of such visas 
                                        (including the Department of 
                                        State, the Department of 
                                        Defense, the Department of 
                                        Homeland Security, and the 
                                        Department of Health and Human 
                                        Services), shall designate a 
                                        senior coordinating official to 
                                        oversee the efficiency and 
                                        integrity of the processing of 
                                        visas for such nationals of 
                                        Afghanistan.
                                            ``(bb) Qualifications.--An 
                                        official designated under item 
                                        (aa) shall be of a sufficient 
                                        seniority to allow for 
                                        interagency coordination and 
                                        responsiveness among the 
                                        relevant Federal agencies.
                                            ``(cc) Responsibilities and 
                                        clearances.--Such an official 
                                        shall be given the 
                                        responsibilities and clearances 
                                        described in items (aa),(bb), 
                                        and (cc) of subclause (II).''.

SEC. 7. AUTHORITY FOR REIMBURSEMENT OF MEDICAL EXAMINATIONS IN CASES OF 
              ECONOMIC HARDSHIP.

    Section 602 of the Afghan Allies Protection Act of 2009 (Public Law 
111-8; 8 U.S.C. 1101 note) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Medical Examinations.--
            ``(1) Reimbursement.--Subject to the amounts provided in 
        advance in appropriations Acts, the Secretary of State shall, 
        on receipt of a petition for reimbursement, reimburse an alien 
        described in subparagraph (A), (B), or (C) of subsection (b)(2) 
        for the costs incurred by the alien for any medical examination 
        required under the immigration laws (as defined in section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a))).
            ``(2) Petition.--Not later than the date on which an alien 
        receives Chief of Mission approval pursuant to subsection (b), 
        the alien shall submit to a consular officer of the United 
        States in the foreign country in which the alien is located a 
        petition for reimbursement for any medical examination required 
        under the immigration laws.
            ``(3) Consular officer determination.--
                    ``(A) In general.--Not later than 7 business days 
                after the date on which a petition under paragraph (2) 
                is submitted, a consular officer of the United States 
                shall provide to the alien who submitted the petition a 
                written notice of approval or denial of the petition.
                    ``(B) Explanation of denial.--A written notice of 
                denial under subparagraph (A) shall be accompanied by 
                an explanation for the denial and instructions for 
                appealing the denial.
            ``(4) Appeals process.--The Secretary of State shall 
        establish a process by which an alien may appeal the denial of 
        a petition under this subsection.
            ``(5) Cap on reimbursement.--A reimbursement approved under 
        this subsection may not exceed the fair market value of medical 
        examinations, as determined by the Secretary of State, in the 
        applicable foreign country.
            ``(6) Payment before examination.--The Secretary of State, 
        on a case-by-case basis, may approve and disburse payment for a 
        medical examination in advance of the medical examination.''.

SEC. 8. AUTHORIZATION OF VIRTUAL INTERVIEWS.

    Section 602(b)(4) of the Afghan Allies Protection Act of 2009 
(Public Law 111-8; 8 U.S.C. 1101 21 note) is amended by adding at the 
end the following:
                    ``(D) Virtual interviews.--Notwithstanding section 
                222(e) of the Immigration and Nationality Act (8 U.S.C. 
                1202(e)), an application for an immigrant visa under 
                this section may be signed by the applicant through a 
                virtual video meeting before a consular officer and 
                verified by the oath of the applicant administered by 
                the consular officer during a virtual video meeting.''.

SEC. 9. ANNUAL REPORT ON EFFICIENCY IMPROVEMENTS TO APPLICATION 
              PROCESSING FOR CERTAIN IRAQI AND AFGHAN TRANSLATORS AND 
              INTERPRETERS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
and the Secretary of Homeland Security, in consultation with the 
Secretary of Defense, shall publish on the internet website of the 
Department of State a report that describes the efficiency improvements 
made with respect to the processes by which applications for special 
immigrant visas under section 1059 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 
1101 note) are processed.
    (b) Elements.--Each report required by subsection (a) shall include 
the following:
            (1) For each month of the preceding fiscal year, the number 
        of aliens who have applied for special immigrant visas under 
        section 1059 of the National Defense Authorization Act for 
        Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note).
            (2) The number of visas issued to principal and derivative 
        applicants under such section during the preceding fiscal year.
            (3) The number of visas that remained authorized and 
        available at the end of the preceding fiscal year.
            (4) In the case of a failure to process an application for 
        such a visa that has been pending for more than one year, the 
        reasons for such failure.
            (5) The total number of applications for such visas that 
        are pending as of the date of the report due to--
                    (A) failure to receive approval through the normal 
                course of the process of adjudicating applications; and
                    (B) an insufficient number of visas available.
            (6) The number of, and reasons for, denials or rejections 
        of such applications.
    (c) Initial Report.--In addition to the elements under subsection 
(b), the initial report submitted under subsection (a) shall include 
the number of visas converted under Section 2 of Public Law 110-242 (8 
U.S.C. 1101 note).
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