[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2672-S2673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 540. 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 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 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. 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--

[[Page S2673]]

       ``(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 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).
                                 ______