[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1786 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1786
To amend the Afghan Allies Protection Act of 2009 to authorize
additional special immigrant visas, to require a strategy for efficient
processing, and to establish designated senior special immigrant visa
coordinating officials, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 1, 2023
Mrs. Shaheen (for herself and Mr. Wicker) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Afghan Allies Protection Act of 2009 to authorize
additional special immigrant visas, to require a strategy for efficient
processing, and to establish designated senior special immigrant visa
coordinating officials, 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 ``Afghan Allies Protection Act of
2023''.
SEC. 2. 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
this 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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).
<all>