[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2670-S2672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 539. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Afghan Allies Protection Act of 2023
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Afghan Allies
Protection Act of 2023''.
SEC. 1092. 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
[[Page S2671]]
Law 111-8; 8 U.S.C. 1101 note) should be implemented on the
date of the enactment of 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. 1093. 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 clause (i), by striking ``December 31, 2024'' and
inserting ``December 31, 2029''; and
(C) 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. 1094. 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. 1095. 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. 1096. 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. 1097. 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. 1098. 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
[[Page S2672]]
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. 1099. 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).
______