HOPE for Afghan SIVs Act of 2021

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. Short title This Act may be cited as the Honoring Our Promises through Expedition for Afghan SIVs Act of 2021 HOPE for Afghan SIVs Act of 2021 2. Waiver of medical exam for Afghan allies (a) Authorization The Secretary of State or the Secretary of Homeland Security may waive any requirement to undergo a medical exam under section 221(d) of the Immigration and Nationality Act ( 8 U.S.C. 1201(d) 8 U.S.C. 1101 (b) Duration The waiver authorized under subsection (a) shall be for a period of 1 year, and may be extended for additional 1-year periods. (c) Requirement for medical exam after admission (1) In general The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall ensure that any alien who does not undergo a medical exam prior to admission to the United States pursuant to this section, receives such an exam as soon as possible after the alien is admitted to the United States in order to address any public health concern, but in no event later than 90 days after the alien is admitted to the United States. (2) Report On the date that is one year after the date on which the waiver authority under subsection (a) is exercised, and on the date that is one year after any extension under subsection (b), 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 medical exams given under paragraph (1). (d) Notification If the Secretary of State or the Secretary of Homeland Security exercises the waiver authority under subsection (a), or extends such a waiver under subsection (b), the Secretary shall notify the appropriate congressional committees. (e) Appropriate congressional committees The term appropriate congressional committees (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.

Summary: Honoring Our Promises through Expedition for Afghan SIVs Act of 2021 or the HOPE for Afghan SIVs Act of 2021 This bill authorizes the Department of State or the Department of Homeland Security (DHS) to postpone the medical exam requirement for qualifying citizens or nationals of Afghanistan seeking entry into the United States as special immigrants. Specifically, this bill applies to an existing program that provides special immigrant status to an individual (or the spouse or child of such an individual) who (1) faithfully performed sensitive and trusted duties for the U.S. government or the International Security Assistance Force in Afghanistan on or after October 7, 2001, and (2) has experienced or is experiencing an ongoing serious threat due to the performance of those duties. Under this bill, the State Department or DHS may waive any requirement for such an individual to undergo a medical exam before admission into the United States. If an individual receives such a waiver, DHS shall ensure that individual undergoes a medical exam no later than 90 days after admission into the United States.