[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3985 Received in Senate (RDS)]
<DOC>
117th CONGRESS
1st Session
H. R. 3985
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2021
Received
_______________________________________________________________________
AN ACT
To amend the Afghan Allies Protection Act of 2009 to expedite the
special immigrant visa process for certain Afghan allies, 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 ``Averting Loss of Life and Injury by
Expediting SIVs Act of 2021'' or as the ``ALLIES Act of 2021''.
SEC. 2. IMPROVING AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.
(a) Evidence of Serious Threat.--Section 602(b)(2) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) in subparagraph (A)(iv), by striking ``has experienced
or is experiencing'' and inserting ``has asserted a credible
basis for concern about the possibility of'';
(2) by striking subparagraph (E); and
(3) by redesignating subparagraph (F) as subparagraph (E).
(b) Activities for United States Military Personnel Stationed With
International Security Assistance or Successor Force.--Section
602(b)(2)(A)(ii)(II)(bb) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended by striking ``sensitive and trusted''.
(c) Afghans Employed Subject to a Grant or Cooperative Agreement.--
Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note) is amended by inserting after ``United States
Government'' the following ``, including employment or other work in
Afghanistan through a cooperative agreement or grant funded by the
United States Government if the Secretary of State determines, based on
a recommendation from the Federal agency or organization authorizing
such funding, that such alien contributed to the United States mission
in Afghanistan''.
(d) Eliminating Duplicative Processing Requirements.--Section
602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note)
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``, notwithstanding any other provision of
law, the Secretary of State in consultation with the
Secretary of Homeland Security'' and inserting ``the
Secretary of State''; and
(B) in subparagraph (A), by striking ``a petition
for classification under section 203(b)(4) of such Act
(8 U.S.C. 1153(b)(4))'' and inserting ``a request for
such status in accordance with procedures established
by the Secretary of Homeland Security and Secretary of
State''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking
``petition'' and inserting ``request''; and
(B) in subparagraph (D)(i), by striking
``petition'' and inserting ``request''.
(e) Strengthening Protections for Surviving Spouses and Children.--
Subparagraph (C) of section 602(b)(2) of the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note) is amended to read as follows:
``(C) Surviving spouse or child.--An alien is
described in this subparagraph if--
``(i) the alien was the spouse or child of
a principal alien described in subparagraph (A)
who had submitted a request for classification
pursuant to this section or a petition pursuant
to section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 8 U.S.C. 1101 note) which included
the alien as an accompanying spouse or child;
and
``(ii) such request or petition--
``(I) if approved, was revoked (or
otherwise rendered null) due to the
death of the principal alien; or
``(II) if pending, is otherwise
approvable but for the death of the
principal alien.''.
(f) Applicability.--The amendments made by this section shall apply
to any requests for special immigration status, applications for
special immigrant visas, or applications for adjustment of status under
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) that are
pending on the date of the enactment of this Act or filed on or after
such date.
(g) Rule of Construction.--The amendments made by this section
shall not diminish, replace or override any vetting, verification of
employment, approval by chief of mission, or any other screening
process required for a special immigrant visa under the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note).
SEC. 3. AFGHAN ALLIES PROTECTION ACT.
Section 602(b)(3) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended by adding at the end the following:
``(G) Subsequent fiscal years.--Beginning on the
date of the enactment of this subparagraph, in addition
to any unused balance under this paragraph, 8,000
principal aliens may be granted special immigrant
status under this subsection. For purposes of status
provided under this subparagraph the authority to issue
visas or adjust status shall commence on the date of
the enactment of this subparagraph and shall terminate
on the date such visa numbers are exhausted.''.
Passed the House of Representatives July 22, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.