I 
118TH CONGRESS 
1ST SESSION H. R. 3808 
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 HOUSE OF REPRESENTATIVES 
JUNE 5, 2023 
Mr. CROW (for himself, Mr. WENSTRUP, and Mr. BLUMENAUER) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Afghan Allies Protection Act of 2009 to au-
thorize additional special immigrant visas, to require a 
strategy for efficient processing, and to establish des-
ignated senior special immigrant visa coordinating offi-
cials, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Afghan Allies Protec-
tion Act of 2023’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(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 Se-
curity, 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 Al-
lies 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 en-
actment 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 
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(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 IMMI-
GRANT 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 strik-
ing ‘‘Fiscal years 2015 through 2022’’ 
and inserting ‘‘Fiscal years 2015 through 
2029’’; 
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(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 fol-
lows: 
‘‘(ii)(I) was or is employed in Afghan-
istan on or after October 7, 2001, for not 
less than 1 year— 
‘‘(aa) by, or on behalf of, the 
United States Government; or 
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‘‘(bb) by the International Secu-
rity Assistance Force (or any suc-
cessor name for such Force) in a ca-
pacity that required the alien— 
‘‘(AA) while traveling off- 
base with United States military 
personnel stationed at the Inter-
national 
Security 
Assistance 
Force (or any successor name for 
such Force), to serve as an inter-
preter or translator for such 
United States military personnel; 
or 
‘‘(BB) to perform activities 
for the United States military 
personnel stationed at Inter-
national 
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 oc-
curred, if the wound or injury prevented 
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the alien from continuing such employ-
ment;’’; and 
(B) in clause (iii), by striking ‘‘clause (ii)’’ 
and inserting ‘‘clause (ii)(I)’’; 
(2) in paragraph (13)(A)(i), by striking ‘‘sub-
clause (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 ‘‘para-
graph 
(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 AP-
PLICATIONS AND APPEALS. 
Section 602 of the Afghan Allies Protection Act of 
2009 (Public Law 111–8; 8 U.S.C. 1101 note) is amend-
ed— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘In this section’’ and in-
serting ‘‘Except as otherwise explicitly provided, in 
this section’’; and 
(2) in subsection (b), by adding at the end the 
following: 
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‘‘(16) DEPARTMENT OF STATE STRATEGY FOR 
EFFICIENT PROCESSING OF APPLICATIONS AND AP-
PEALS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
paragraph, the Secretary of State, in consulta-
tion with the Secretary of Homeland Security, 
the Secretary of Defense, the head of any other 
relevant Federal agency, the appropriate com-
mittees of Congress, and civil society organiza-
tions (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 immi-
grant visa process under this section. 
‘‘(ii) An analysis of the expected Chief 
of Mission approvals and denials of appli-
cations in the pipeline in order to project 
the expected number of visas necessary to 
provide special immigrant status to all ap-
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proved applicants under this Act during 
the several years after the date of the en-
actment 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 immi-
grant visas under this section in appro-
priate circumstances and consistent with 
applicable laws. 
‘‘(v) An assessment of the procedures 
throughout the special immigrant visa ap-
plication process, including at the Ports-
mouth Consular Center, and the effective-
ness of communication between the Ports-
mouth Consular Center and applicants, in-
cluding an identification of any area in 
which improvements to the efficiency of 
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such procedures and communication may 
be made. 
‘‘(C) FORM.—The strategy required by 
subparagraph (A) shall be submitted in unclas-
sified form but may include an classified annex. 
‘‘(D) APPROPRIATE COMMITTEES OF CON-
GRESS DEFINED.—In this paragraph, the term 
‘appropriate committees of Congress’ means— 
‘‘(i) the Committee on Foreign Rela-
tions, 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 Af-
fairs, 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 Protec-
tion Act of 2009 (Public Law 111–8; 8 U.S.C. 1101) is 
amended by adding at the end the following: 
‘‘(III) SENIOR
SPECIAL
IMMI-
GRANT
VISA
COORDINATING
OFFI-
CIALS.— 
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‘‘(aa) IN
GENERAL.—The 
head of each Federal agency that 
employs a national of Afghani-
stan 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 (in-
cluding the Department of State, 
the Department of Defense, the 
Department of Homeland Secu-
rity, and the Department of 
Health and Human Services), 
shall designate a senior coordi-
nating official to oversee the effi-
ciency and integrity of the proc-
essing of visas for such nationals 
of Afghanistan. 
‘‘(bb) QUALIFICATIONS.—An 
official designated under item 
(aa) shall be of a sufficient se-
niority to allow for interagency 
coordination and responsiveness 
among the relevant Federal agen-
cies. 
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‘‘(cc) 
RESPONSIBILITIES 
AND CLEARANCES.—Such an of-
ficial shall be given the respon-
sibilities and clearances described 
in items (aa),(bb), and (cc) of 
subclause (II).’’. 
SEC. 7. AUTHORITY FOR REIMBURSEMENT OF MEDICAL EX-
AMINATIONS IN CASES OF ECONOMIC HARD-
SHIP. 
Section 602 of the Afghan Allies Protection Act of 
2009 (Public Law 111–8; 8 U.S.C. 1101 note) is amend-
ed— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(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 
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(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 busi-
ness 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 no-
tice of approval or denial of the petition. 
‘‘(B) EXPLANATION OF DENIAL.—A writ-
ten 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 reimburse-
ment approved under this subsection may not exceed 
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the fair market value of medical examinations, as 
determined by the Secretary of State, in the applica-
ble foreign country. 
‘‘(6) PAYMENT
BEFORE
EXAMINATION.—The 
Secretary of State, on a case-by-case basis, may ap-
prove and disburse payment for a medical examina-
tion 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.—Notwith-
standing section 222(e) of the Immigration and 
Nationality Act (8 U.S.C. 1202(e)), an applica-
tion for an immigrant visa under this section 
may be signed by the applicant through a vir-
tual video meeting before a consular officer and 
verified by the oath of the applicant adminis-
tered by the consular officer during a virtual 
video meeting.’’. 
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SEC. 9. ANNUAL REPORT ON EFFICIENCY IMPROVEMENTS 
TO APPLICATION PROCESSING FOR CERTAIN 
IRAQI AND AFGHAN TRANSLATORS AND IN-
TERPRETERS. 
(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 Se-
curity, 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 spe-
cial 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. 
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(3) The number of visas that remained author-
ized and available at the end of the preceding fiscal 
year. 
(4) In the case of a failure to process an appli-
cation 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 ap-
plications; and 
(B) an insufficient number of visas avail-
able. 
(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). 
Æ 
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