IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Honoring Our Prom3 ises through Expedition for Afghan SIVs Act of 2021’’ 

4 or the ‘‘HOPE for Afghan SIVs Act of 2021’’. 

5 SEC. 2. WAIVER OF MEDICAL EXAMINATION FOR AFGHAN 

6 ALLIES. 

7 (a) AUTHORIZATION.—The Secretary of State and 

8 the Secretary of Homeland Security may jointly issue a 

9 blanket waiver of the requirement that aliens described in 

10 section 602(b)(2) of the Afghan Allies Protection Act of 

11 2009 (8 U.S.C. 1101 note) undergo a medical examination 

12 under section 221(d) of the Immigration and Nationality 

13 Act (8 U.S.C. 1201(d)), or any other applicable provision 

14 of law, prior to issuance of an immigrant visa or admission 

15 to the United States. 

16 (b) DURATION.—A waiver issued under subsection 

17 (a) shall remain in effect for a period not to exceed 1 year, 

18 and, subject to subsection (g), may be extended by the 

19 Secretary of State and Secretary of Homeland Security 

20 for additional periods, each of which shall not exceed 1 

21 year. 

22 (c) NOTIFICATION.—Upon exercising the waiver au23 thority under subsection (a), or the authority to extend 

24 a waiver under subsection (b), the Secretary of State and 

25 the Secretary of Homeland Security shall notify the appro26 priate congressional committees. 


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1 (d) REQUIREMENT FOR MEDICAL EXAMINATION

2 AFTER ADMISSION.— 

3 (1) IN GENERAL.—The Secretary of Homeland 

4 Security, in consultation with the Secretary of 

5 Health and Human Services, shall establish proce6 dures to ensure, to the greatest extent practicable, 

7 that any alien who receives a waiver of the medical 

8 examination requirement under this section, com9 pletes such an examination not later than 30 days 

10 after the date on which such alien is admitted to the 

11 United States. 

12 (2) CONDITIONAL BASIS FOR STATUS.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 other provision of law, an alien who receives a 

15 waiver of the medical examination requirement 

16 under this section shall be considered, at the 

17 time of admission to the United States, as an 

18 alien lawfully admitted for permanent residence 

19 on a conditional basis. 

20 (B) REMOVAL OF CONDITIONS.—The Sec21 retary of Homeland Security shall remove the 

22 conditional basis of the alien’s status upon the 

23 Secretary’s confirmation that such alien has 

24 completed the medical examination and is not 

25 inadmissible under section 212(a)(1)(A) of the 


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1 Immigration and Nationality Act (8 U.S.C. 

2 1182(a)(1)(A)). 

3 (3) REPORT.—Not later than one year after the 

4 date on which waiver authority under subsection (a) 

5 is exercised or such waiver is extended under sub6 section (b), as applicable, the Secretary of Homeland 

7 Security, in consultation with the Secretary of 

8 Health and Human Services, shall submit to the ap9 propriate congressional committees a report on the 

10 status of medical examinations required under para11 graph (1), including— 

12 (A) the number of pending and completed 

13 examinations; and 

14 (B) the number of aliens who have failed 

15 to complete the medical examination within the 

16 30-day period after the date of such aliens’ ad17 mission. 

18 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

19 The term ‘‘appropriate congressional committees’’ 

20 means— 

21 (1) the Committees on Armed Services of the 

22 House of Representatives and of the Senate; 

23 (2) the Committees on the Judiciary of the 

24 House of Representatives and of the Senate; 


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1 (3) the Committee on Foreign Affairs of the 

2 House of Representatives and the Committee on 

3 Foreign Relations of the Senate; and 

4 (4) the Committee on Homeland Security of the 

5 House of Representatives and the Committee on 

6 Homeland Security and Governmental Affairs of the 

7 Senate. 

8 (f) RULE OF CONSTRUCTION.—Nothing in this Act 

9 may be construed to prevent the Secretary of State, the 

10 Secretary of Homeland Security, the Secretary of Defense, 

11 or the Secretary of Health and Human Services from 

12 adopting appropriate measures to prevent the spread of 

13 communicable diseases, including COVID–19, to the 

14 United States. 

15 (g) SUNSET.—The authority under subsections (a) 

16 and (b) expires on the date that is 3 years after the date 

17 of enactment of this Act. 

18 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

19 The budgetary effects of this Act, for the purpose of 

20 complying with the Statutory Pay-As-You-Go Act of 2010, 

21 shall be determined by reference to the latest statement 

22 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

23 Act, submitted for printing in the Congressional Record 

24 by the Chairman of the House Budget Committee, proVerDate Sep 11 2014 03:40 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3385.RFS H3385

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

Passed the House of Representatives June 29, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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