Afghan Allies Protection Act of 2021
Bill: S.2032 | Sponsor: Sen. Shaheen, Jeanne (D-NH)
Policy area: Immigration

Summary:
Afghan Allies Protection Act of 2021
This bill modifies a program providing special immigrant visas to eligible citizens or nationals of Afghanistan who assisted U.S. efforts there and addresses related issues.
The bill extends the program through 2023 and increases the number of visas available.
An individual may become eligible for a visa after assisting U.S. efforts in Afghanistan for one year, whereas currently some individuals must have served for two years. Furthermore, for an applicant qualifying for a visa by performing duties with a NATO mission in Afghanistan, the bill eliminates a requirement that the duties performed qualify as sensitive and trusted duties.
The bill removes a requirement that the individual has experienced or is facing an ongoing serious threat due to their assistance to the United States or NATO.
The Department of State or the Department of Homeland Security may postpone the program's medical examination requirement. An individual who received a postponement must undergo a medical exam within 90 days of admission into the United States.
The bill also expands surviving family member benefits for the Afghanistan program (and a similar program for Iraq) to a surviving spouse or child of an individual who submitted an application to the Chief of Mission that would have been approved but for the individual's death. Currently, such survivor benefits only apply if the deceased individual's petition was approved.

To extend and modify the Afghan Special Immigrant Visa Program, to 
  postpone the medical exam for aliens who are otherwise eligible for 
such program, to provide special immigrant status for certain surviving 
             spouses and children, 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 
2021''.

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) appropriate steps should be taken to ensure that 
        applications for such special immigrant visas continue to be 
        processed fairly and expeditiously in the event of a reduction 
        of in-country personnel.

SEC. 3. EXTENSION AND MODIFICATION OF THE AFGHAN SPECIAL IMMIGRANT VISA 
              PROGRAM.

    Section 602(b) of the Afghan Allies Protection Act of 2009 (8 
U.S.C. 1101 note) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by amending clause (ii) to read as 
                        follows:
                            ``(ii) was or is employed in Afghanistan on 
                        or after October 7, 2001, for not less than 1 
                        year--
                                    ``(I) by, or on behalf of, the 
                                United States Government; or
                                    ``(II) by the International 
                                Security Assistance Force (or any 
                                successor name for such Force) in a 
                                capacity that required the alien, 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; and'';
                            (ii) in clause (iii), by striking ``; and'' 
                        and inserting a period; and
                            (iii) by striking clause (iv);
                    (B) in subparagraph (D)(ii)(I)(bb)--
                            (i) in the matter preceding subitem (AA), 
                        by inserting ``per denial or revocation'' after 
                        ``written appeal''; and
                            (ii) in subitem (AA), by inserting ``or 
                        thereafter at the discretion of the Secretary 
                        of State'' after ``in writing'';
                    (C) by striking subparagraph (E); and
                    (D) by redesignating subparagraph (F) as 
                subparagraph (E);
            (2) in paragraph (3)(F)--
                    (A) in the subparagraph heading, by striking 
                ``2021'' and inserting ``2022'';
                    (B) in the matter preceding clause (i)--
                            (i) by striking ``exhausted,,'' and 
                        inserting ``exhausted,''; and
                            (ii) by striking ``26,500'' and inserting 
                        ``46,500'';
                    (C) in clause (i), by striking ``December 31, 
                2022'' and inserting ``December 31, 2023;''; and
                    (D) in clause (ii), by striking ``December 31, 
                2022'' and inserting ``December 31, 2023;'';
            (3) in paragraph (4)(A), by inserting ``, including Chief 
        of Mission approval,'' after ``so that all steps''; and
            (4) in paragraph (13), in the matter preceding subparagraph 
        (A), by striking ``January 31, 2023'' and inserting ``January 
        31, 2024''.

SEC. 4. POSTPONEMENT OF MEDICAL EXAM FOR AFGHAN ALLIES WHO ARE ELIGIBLE 
              FOR SPECIAL IMMIGRANT VISAS.

    (a) Authorization.--The Secretary of State or the Secretary of 
Homeland Security may waive any requirement to undergo a medical exam 
under section 232 of the Immigration and Nationality (8 U.S.C. 1222), 
or any other applicable requirement to undergo a medical exam prior to 
admission to the United States, for aliens described in section 
602(b)(2) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
note).
    (b) Duration.--A waiver under subsection (a) shall be for a period 
of 1 year, which 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 an alien who does not undergo a medical exam 
        prior to admission to the United States pursuant to this 
        section receives such an exam not later than 90 days after the 
        date on which the alien is admitted to the United States.
            (2) Report.--With respect to each such alien, not later 
        than 1 year after the date on which the waiver authority under 
        subsection (a) is exercised, and not later than the date that 
        is 1 year after the date on which any extension under 
        subsection (b) is granted, the Secretary of Homeland Security, 
        in consultation with the Secretary of Health and Human 
        Services, shall submit to the appropriate committees of 
        Congress a report on the medical exams undertaken by the alien 
        under paragraph (1).
    (d) Notification.--With respect to each alien for whom 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 of State or the Secretary of Homeland 
Security, as applicable, shall notify the appropriate committees of 
Congress as soon as practicable thereafter.
    (e) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on the 
        Judiciary, the Committee on Foreign Relations, and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on the 
        Judiciary, the Committee on Foreign Affairs, and the Committee 
        on Homeland Security of the House of Representatives.

SEC. 5. SPECIAL IMMIGRANT STATUS FOR CERTAIN SURVIVING SPOUSES AND 
              CHILDREN.

    (a) Immigration and Nationality Act.--Section 101(a)(27)(D) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended--
            (1) by striking ``an immigrant who is an employee'' and 
        inserting ``an immigrant who--
                            ``(i) is an employee''; and
            (2) by striking ``grant such status;'' and inserting 
        ``grant such status; or
                            ``(ii) is the surviving spouse or child of 
                        an employee of the United States Government 
                        abroad:  Provided, That the employee performed 
                        faithful service for a total of not less than 
                        15 years or was killed in the line of duty;''.
    (b) Afghan Allies Protection Act of 2009.--Section 602(b)(2)(C) of 
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is 
amended--
            (1) in clause (ii), by redesignating subclauses (I) and 
        (II) as items (aa) and (bb), respectively, and moving such 
        items 2 ems to the right;
            (2) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively, and moving such subclauses 2 ems to the 
        right;
            (3) in the matter preceding subclause (I), as redesignated, 
        by striking ``An alien is described'' and inserting the 
        following:
                                    ``(I) In general.--An alien is 
                                described'';
            (4) in clause (i)(I), as redesignated, by striking ``who 
        had a petition for classification approved'' and inserting 
        ``who had submitted an application to the Chief of Mission''; 
        and
            (5) by adding at the end the following:
                                    ``(II) Employment requirements.--An 
                                application by a surviving spouse or 
                                child of a principal alien shall be 
                                subject to employment requirements set 
                                forth in subparagraph (A) as of the 
                                date of the principal alien's filing of 
                                an application for the first time, or 
                                if no application has been filed, the 
                                employment requirements as of the date 
                                of the principal alien's death.''.
    (c) Refugee Crisis in Iraq Act of 2007.--Section 1244(b)(3) of the 
Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended--
            (1) by striking ``described in subsection (b)'' and 
        inserting ``in this subsection'';
            (2) in subparagraph (B), by redesignating clauses (i) and 
        (ii) as subclauses (I) and (II), respectively, and moving such 
        subclauses 2 ems to the right;
            (3) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and moving such clauses 2 ems to 
        the right;
            (4) in the matter preceding clause (i), as redesignated, by 
        striking ``An alien is described'' and inserting the following:
                    ``(A) In general.--An alien is described'';
            (5) in subparagraph (A)(i), as redesignated, by striking 
        ``who had a petition for classification approved'' and 
        inserting ``who submitted an application to the Chief of 
        Mission''; and
            (6) by adding at the end the following:
                    ``(B) Employment requirements.--An application by a 
                surviving spouse or child of a principal alien shall be 
                subject to employment requirements set forth in 
                paragraph (1) as of the date of the principal alien's 
                filing of an application for the first time, or if the 
                principal alien did not file an application, the 
                employment requirements as of the date of the principal 
                alien's death.''.
    (d) Effective Date.--The amendments made by this section shall be 
effective on June 30, 2021, and shall have retroactive effect.

SEC. 6. CONVERSION OF PETITIONS FOR SPECIAL IMMIGRANT STATUS FOR 
              CERTAIN IRAQIS.

    Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Duration.--The authority under subsection (a) shall expire on 
the date on which the numerical limitation specified under section 1244 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
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