[Congressional Record Volume 167, Number 112 (Monday, June 28, 2021)]
[House]
[Pages H3220-H3222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  HONORING OUR PROMISES THROUGH EXPEDITION FOR AFGHAN SIVS ACT OF 2021

  Ms. DEAN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3385) to waive the requirement to undergo a medical examination 
for aliens who are otherwise eligible for special immigrant status 
under the Afghan Allies Protection Act of 2009, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3385

       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 ``Honoring Our Promises 
     through Expedition for Afghan SIVs Act of 2021'' or the 
     ``HOPE for Afghan SIVs Act of 2021''.

     SEC. 2. WAIVER OF MEDICAL EXAMINATION FOR AFGHAN ALLIES.

       (a) Authorization.--The Secretary of State and the 
     Secretary of Homeland Security may jointly issue a blanket 
     waiver of the requirement that aliens described in section 
     602(b)(2) of the Afghan Allies Protection Act of 2009 (8 
     U.S.C. 1101 note) undergo a medical examination under section 
     221(d) of the Immigration and Nationality Act (8 U.S.C. 
     1201(d)), or any other applicable provision of law, prior to 
     issuance of an immigrant visa or admission to the United 
     States.
       (b) Duration.--A waiver issued under subsection (a) shall 
     remain in effect for a period not to exceed 1 year, and, 
     subject to subsection (g), may be extended by the Secretary 
     of State and Secretary of Homeland Security for additional 
     periods, each of which shall not exceed 1 year.
       (c) Notification.--Upon exercising the waiver authority 
     under subsection (a), or the authority to extend a waiver 
     under subsection (b), the Secretary of State and the 
     Secretary of Homeland Security shall notify the appropriate 
     congressional committees.
       (d) Requirement for Medical Examination After Admission.--
       (1) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Health and Human Services, 
     shall establish procedures to ensure, to the greatest extent 
     practicable, that any alien who receives a waiver of the 
     medical examination requirement under this section, completes 
     such an examination not later than 30 days after the date on 
     which such alien is admitted to the United States.
       (2) Conditional basis for status.--
       (A) In general.--Notwithstanding any other provision of 
     law, an alien who receives a waiver of the medical 
     examination requirement under this section shall be 
     considered, at the time of admission to the United States, as 
     an alien lawfully admitted for permanent residence on a 
     conditional basis.
       (B) Removal of conditions.--The Secretary of Homeland 
     Security shall remove the conditional basis of the alien's 
     status upon the Secretary's confirmation that such alien has 
     completed the medical examination and is not inadmissible 
     under section 212(a)(1)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(1)(A)).
       (3) Report.--Not later than one year after the date on 
     which waiver authority under subsection (a) is exercised or 
     such waiver is extended under subsection (b), as applicable, 
     the Secretary of Homeland Security, in consultation with the 
     Secretary of Health and Human Services, shall submit to the 
     appropriate congressional committees a report on the status 
     of medical examinations required under paragraph (1), 
     including--
       (A) the number of pending and completed examinations; and
       (B) the number of aliens who have failed to complete the 
     medical examination within the 30-day period after the date 
     of such aliens' admission.
       (e) Appropriate Congressional Committees.--The term 
     ``appropriate congressional committees'' means--
       (1) the Committees on Armed Services of the House of 
     Representatives and of the Senate;
       (2) the Committees on the Judiciary of the House of 
     Representatives and of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate; and
       (4) the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate.
       (f) Rule of Construction.--Nothing in this Act may be 
     construed to prevent the Secretary of State, the Secretary of 
     Homeland Security, the Secretary of Defense, or the Secretary 
     of Health and Human Services from adopting appropriate 
     measures to prevent the spread of communicable diseases, 
     including COVID-19, to the United States.
       (g) Sunset.--The authority under subsections (a) and (b) 
     expires on the date that is 3 years after the date of 
     enactment of this Act.

     SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Pennsylvania (Ms. Dean) and the gentleman from Oregon (Mr. Bentz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Pennsylvania.


                             General Leave

  Ms. DEAN. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and to include 
extraneous material on H.R. 3385.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Pennsylvania?
  There was no objection.
  Ms. DEAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3385, the Honoring our Promises through Expedition 
for the Afghan SIVs Act--or the HOPE for Afghan SIVs Act--proposes a 
small, but impactful, change to expedite the issuance of special 
immigrant visas to those who served side by side with American troops 
in Afghanistan, and whose lives are at risk as a result.
  The Afghan Special Immigrant Visa program allows individuals who 
worked for or on behalf of the United States

[[Page H3221]]

Government or for the NATO International Security Assistance Force in 
support of the American mission to seek lawful permanent residence to 
the United States. To qualify, applicants must meet specific 
eligibility criteria and pass rigorous background checks; a process 
that, on average, takes 3 years.
  Additionally, every applicant who is found to be eligible for a visa 
must complete a medical examination before they are approved to come to 
the United States. However, in the capital city of Kabul, there is only 
one clinic certified by the United States Government to provide these 
mandatory examinations.
  The already high demand for services was worsened by the 
deteriorating security conditions and a new outbreak of an intense 
third wave of COVID-19. It is now nearly impossible for applicants to 
schedule this mandatory life-changing appointment while in Afghanistan.
  The HOPE for Afghan SIVs Act would allow the Secretary of State and 
the Secretary of Homeland Security to quickly respond to these 
emergency conditions in Afghanistan by authorizing a blanket waiver of 
the medical examination requirement for people who are otherwise 
eligible for special immigrant visas.
  Once safely in the United States and removed from the threat of 
violence, those eligible people must complete the required medical 
examination within 30 days. To ensure compliance, Afghan special 
immigrants would be admitted to the United States as lawful permanent 
residents on a conditional basis. Conditions would be removed only when 
the Secretary of Homeland Security confirms that the examination has 
been completed and the individual is not inadmissible to the United 
States on health-related grounds.
  Mr. Speaker, I am proud to join Mr. Crow of Colorado, and I thank him 
for championing this issue and working across the aisle to build 
consensus and awareness for the importance of this legislation. I also 
thank Ranking Member Jordan for his collaboration and support in the 
drafting process.
  As we draw down our military presence in Afghanistan, many who served 
alongside our troops continue to face increasing threats because of 
their service to our country. We must do right by these people, and 
H.R. 3385 is an important first step.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time.

                              {time}  1800

  Mr. BENTZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Afghan Allies Protection Act of 2009 created a 
special immigrant visa, or green card, program for Afghan nationals who 
have worked for or on behalf of the United States Government for at 
least a year and who have experienced a serious threat as a result of 
this work. The program also provides green cards to the spouse and 
children of the Afghan national.
  To date, over 15,500 green cards have been issued to principal 
applicants. Additionally, for each principal applicant, an average of 
3.5 green cards have been issued to the spouse and children.
  Section 221(d) of the Immigration and Nationality Act requires an 
alien seeking a U.S. green card to undergo a physical and mental exam 
prior to the issuance of the green card. Any communicable diseases 
found during the exam must be treated before the alien is allowed to 
come to the U.S. This reasonable requirement helps to ensure that 
aliens do not introduce communicable diseases into the U.S. population 
once in the country.
  H.R. 3385, the HOPE for Afghan SIVs Act of 2021, allows the 
Secretaries of Homeland Security and State to waive the medical exam 
requirement until after the Afghan SIV holder is admitted to the U.S. 
Proponents of the bill believe that the waiver authority granted by the 
bill will speed the pace of processing for some of the Afghan 
population seeking green cards.
  Timing is important because, earlier this year, President Biden 
announced that American troops would withdraw from Afghanistan by 
September 11, 2021. The Taliban continues to fight and take over 
districts in Afghanistan. There is concern that the lives of the Afghan 
nationals who work for the U.S. Government, and their families, are in 
danger because the Taliban intends to kill them.
  Many in Congress would like to see all 18,000-plus remaining Afghan 
nationals and their families who are at some point in the SIV process 
immediately brought to the U.S. However, there is no way to adequately 
conduct the necessary background checks and to otherwise process that 
many green card applications in such a short timeframe.
  As sympathetic as we are to this population and this situation, we 
should not abdicate our duty to thoroughly vet potential green card 
recipients. H.R. 3385 is a measured response to the chaotic situation 
surrounding the Afghan SIV program.
  This bill is yet another piece of legislation that has skipped the 
committee markup process this Congress. Had this bill gone through 
regular order, we would have been able to discuss concerns and make 
potential changes. That said, late last week, Judiciary Committee 
Republicans worked with Mr. Crow and Mr. Wenstrup, as well as Chairman 
Nadler, to address some concerns.
  For instance, the sponsors agreed to reduce the 90-day window after 
admission for the alien to complete the medical exam to 30 days. During 
a global pandemic and outbreaks of other serious communicable diseases 
in Afghanistan, the shorter time period is more prudent.
  In addition, the introduced text contained no mechanism to help 
ensure that the alien actually gets the medical exam. The bill sponsors 
agreed to include such a mechanism. The suspension text makes clear 
that a green card issued to the beneficiary of a medical exam waiver is 
a conditional green card, which means the alien should not be able to 
naturalize without having completed the requisite medical exam.
  The bill's sponsors also agreed to add a requirement that the 
administration report to Congress on the number of Afghan SIV holders 
who do not comply with the medical exam requirement.
  Even under the improved suspension text, U.S. taxpayers may bear the 
cost of the medical exams and any requisite treatment for illnesses 
discovered. Currently, the alien bears the cost of medical exams prior 
to admission to the United States. However, once in the country, they 
are entitled to public benefits, including Medicaid. That said, the 
text we are considering today is a better alternative to the introduced 
version.
  Mr. Speaker, I appreciate the efforts of the bill sponsors and the 
chairman to address these concerns, and I reserve the balance of my 
time.
  Ms. DEAN. Mr. Speaker, I yield 4 minutes to the gentleman from 
Colorado (Mr. Crow).
  Mr. CROW. Mr. Speaker, the Army Ranger Creed reads, in part: ``I will 
never leave a fallen comrade to fall into the hands of the enemy.''
  Today, Afghans who worked for U.S. forces are in grave danger. The 
organization No One Left Behind, a nonprofit that advocates for the 
relocation of Afghan interpreters to the U.S., says that more than 300 
translators or their relatives have already been killed since 2014, but 
that number only increasing every day.
  We cannot allow a slow bureaucracy to cost the lives of Afghans who 
served alongside our men and women.
  As an Army Ranger and paratrooper, I served in both Iraq and 
Afghanistan. In both places, I worked very closely with Iraqi and 
Afghan interpreters who were absolutely critical to me accomplishing my 
mission.
  Mr. Speaker, I am not somebody who many people in this House would 
say is prone to hyperbole or exaggeration, but I can say with 
confidence that I might not be here today speaking to all of my 
colleagues had it not been for these men and women who trusted us, who 
fought with us, who died with us, shoulder to shoulder.
  They provided this service at great risk to themselves and their 
families, and they did so with courage and the understanding that we 
would stand with them and provide a safe haven if and when necessary.
  Well, my friends and colleagues, that time has come.
  Today, we are considering the HOPE for Afghan SIVs Act to allow the 
administration to waive the requirement that Afghan special immigrant 
visa applicants undergo a medical examination while in Afghanistan.

[[Page H3222]]

  As my colleagues already pointed out, there is currently one facility 
in Kabul that conducts all of these examinations. It is already 
dangerous and increasingly dangerous to get to that facility, to work 
through the backlog, and to afford those examinations.
  Under our bill, recipients would be required to get a medical 
examination within 30 days of arriving in the United States.
  Let me be clear. Nothing in this bill would impact the security 
screening and vetting process for these applicants. The National 
Security Council estimates that this change could decrease the SIV 
process by approximately 1 month per applicant.
  My colleagues, in combat and in a war zone, every hour matters. 
Minutes seem like hours, days like weeks. A month will save many, many 
lives.
  We wouldn't be considering this bill on the floor today if it weren't 
for a broad coalition of supporters.
  To my friend and colleague, Representative Wenstrup, I thank him for 
his partnership. I know how important this is to him, too, for personal 
reasons.
  Mr. Speaker, to the members of the Honoring Our Promises Working 
Group, I thank them for their steadfast attention to this issue and for 
their support of this bill, Republicans and Democrats alike.
  Mr. Speaker, I thank Leader Hoyer, Chairman Nadler, Chairwoman 
Lofgren, and her subcommittee staff, Ami Shah and Betsy Lawrence, for 
working very late the last couple of weeks to make sure we got this 
deal done.
  The American handshake needs to mean something, not just in and of 
itself. But we are strong as a country not because we have aircraft 
carrier battle groups, fighters, and tanks. We are strong because we 
have friends. And to have friends, we need to be a friend. We must 
stand by our partners.
  Mr. Speaker, I urge my colleagues to join me in supporting the HOPE 
for Afghan SIVs Act.
  Mr. BENTZ. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio 
(Mr. Wenstrup).
  Mr. WENSTRUP. Mr. Speaker, I rise today in very strong support of 
H.R. 3385, the HOPE for Afghan SIVs Act, which the gentleman from 
Colorado and I introduced to help knock down one small barrier to 
getting our Afghan friends and allies out of harm's way, which they 
greatly deserve.
  I truly appreciate the words expressed by my colleague because they 
reflect so many of my same feelings.
  The bill is not a permanent solution to fixing our special immigrant 
visa program, but it is a critical temporary waiver to help cut down on 
the backlog of pending Afghan SIV applications.
  During a time of great emergency, it is a life and death situation, 
without a doubt.
  There is currently only one facility in Afghanistan that performs the 
required medical exams, located in Kabul. Because exams are only valid 
for a few months, many applicants must make repeated trips to Kabul at 
their own cost and risk.
  H.R. 3385 would allow the Secretary of State and the DHS Secretary to 
jointly issue a 1-year waiver for the in-country medical exam 
requirement, up to 3 years. But, importantly, the bill requires, to the 
greatest extent practical, that the applicant undergoes the medical 
exam no later than 30 days after being admitted to the United States.
  It explicitly states that nothing in the bill prohibits our agencies 
from adopting appropriate measures to prevent the spread of disease 
here. All it does is allow the applicant to undergo the medical exam 
here instead of in Kabul.
  During my tour in Iraq, I worked alongside Iraqi interpreters who 
risked their lives to serve with us and help us complete our mission. 
Many eventually used a similar program to escape harm's way and to 
build a life in the United States. The two that I worked with and 
supported are now full U.S. citizens here in America. One is a 
cardiologist, and the other has a family practice.
  As we withdraw from Afghanistan, the Afghans who served by our sides, 
the translators, the contractors, and the guides, without whom we could 
not do our jobs, are left in the crosshairs of the Taliban. They worked 
for the United States, despite knowing the risk to their own lives and 
their families. They believed in us, and they believed in our cause.
  It will be a black eye on the United States if we don't do everything 
in our power to protect these allies. If we don't honor our promises, 
if we allow our friends to be targeted and killed by groups like the 
Taliban, ISIS, and al-Qaida because they worked with and for the United 
States of America, we will send a message to those we will need to rely 
on in the future that we are unable to live up to our side of the 
bargain.
  Mr. Speaker, I thank my colleague for his tireless work in bringing 
this issue to the forefront as we withdraw from Afghanistan, for all 
the staff that put in so much time to get this done, and for our 
bipartisan Honoring Our Promises Working Group for keeping the pressure 
on the administration to make sure that we don't leave our allies 
behind.
  Mr. Speaker, please support this bill. It is a good thing for America 
to do.
  Mr. BENTZ. Mr. Speaker, I urge my colleagues to support this bill, 
and I yield back the balance of my time.
  Ms. DEAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank Representative Crow for his service, his 
powerful words, and his commitment. I thank Representative Wenstrup, 
too, for his powerful words.
  Our Afghan allies serve alongside U.S. troops, diplomats, and 
government employees. We must do right by the people who have worked to 
protect our country and our servicemen and -women.
  Mr. Speaker, I urge everyone to support them through the HOPE for 
Afghan SIVs Act. I support this important legislation, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Pennsylvania (Ms. Dean) that the House suspend the 
rules and pass the bill, H.R. 3385, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GRIFFITH. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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