[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4736 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4736
To provide assistance to Afghan nationals who have suffered persecution
based on their occupation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Ms. Speier (for herself, Ms. Lois Frankel of Florida, Mrs. Lawrence,
Ms. Escobar, Ms. Garcia of Texas, Mr. Lieu, Mrs. Demings, Ms. Eshoo,
Ms. Velazquez, Ms. Brownley, Ms. Kuster, Ms. Jacobs of California, Mr.
Thompson of California, Ms. Pingree, Ms. Kaptur, Mr. Krishnamoorthi,
Ms. Dean, Ms. Clarke of New York, Ms. Blunt Rochester, Ms. Kelly of
Illinois, Mr. Larsen of Washington, Mr. Perlmutter, and Mrs. Bustos)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide assistance to Afghan nationals who have suffered persecution
based on their occupation, 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 ``Improving Access for Afghan Refugees
Act''.
SEC. 2. AFGHAN REFUGEES OF SPECIAL HUMANITARIAN CONCERN.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Homeland Security, shall designate as Priority 2 refugees
of special humanitarian concern the following individuals:
(1) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless
persons;
(C) have suffered persecution or have a well-
founded fear of persecution; and
(D) share common occupational characteristics that
identify them as targets of persecution in Afghanistan
on account of race, religion, nationality, membership
in a particular social group, or political opinion, as
determined by the Secretary of State, including the
following:
(i) Civil servants.
(ii) Public officials and government
personnel, including members of the peace
negotiation team.
(iii) Human rights defenders.
(iv) Women's rights defenders.
(v) Journalists and media personnel.
(vi) Legal professionals.
(2) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless
persons; and
(C) were employed in Afghanistan for an aggregate
period of not less than 1 year by--
(i) a media or nongovernmental organization
based in the United States; or
(ii) an organization or entity that has
received a grant from, or entered into a
cooperative agreement or contract with, the
United States Government.
(3) Individuals who--
(A) are or were habitual residents of Afghanistan;
(B) are nationals of Afghanistan or stateless
persons; and
(C) are beneficiaries of an approved I-130 Petition
for Alien Relative.
(b) Processing of Afghan Refugees.--The processing of individuals
who are or were habitual residents of Afghanistan, are nationals of
Afghanistan or stateless persons, and have suffered persecution, or
have a well-founded fear of persecution, for classification as refugees
may occur in Afghanistan or in a third country.
(c) Eligibility for Admission as a Refugee.--An alien may not be
denied the opportunity to apply for admission as a refugee under this
section solely because such alien qualifies as an immediate relative of
a national of the United States or is eligible for admission to the
United States under any other immigrant classification.
(d) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to classify
other groups of individuals who are or were nationals and residents of
Afghanistan as Priority 2 refugees of special humanitarian concern.
(e) Satisfaction of Other Requirements.--Aliens designated as
Priority 2 refugees of special humanitarian concern under this section
shall be deemed to satisfy the requirements under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the
United States.
(f) Timeline for Processing Applications.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security shall ensure that all steps under the
control of the United States Government incidental to the
approval of such applications, including required screenings
and background checks, are completed not later than 6 months
after the date on which an eligible applicant submits an
application under subsection (a).
(2) Exception.--Notwithstanding paragraph (1), the United
States Refugee Admission Program may take additional time to
process applications described in paragraph (1) if satisfaction
of national security concerns requires such additional time, if
the Secretary of Homeland Security, or the designee of the
Secretary, has determined that the applicant meets the
requirements for status as a refugee of special humanitarian
concern under this section and has so notified the applicant.
(g) Additional Forms of Immigration Relief.--The Secretary of State
shall consider additional forms of immigration relief available to
Afghans and coordinate with embassies, nongovernmental organizations,
and the United Nations High Commissioner for Refugees to receive
referrals for individuals who--
(1) are or were habitual residents of Afghanistan;
(2) are nationals of Afghanistan or stateless persons; and
(3) are described in subsection (a) or otherwise face
humanitarian concerns.
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