[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3385 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 3385
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2021
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To waive the requirement to undergo a medical exam for aliens who are
otherwise eligible for special immigrant status under the Afghan Allies
Protection Act of 2009, 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 ``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.
Passed the House of Representatives June 29, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.