HOPE for Afghan SIVs Act of 2021
Bill: H.R.3385 | Sponsor: Rep. Crow, Jason (D-CO)
Policy area: Immigration

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 and 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 and DHS may jointly issue a blanket waiver of any requirement for such individuals to undergo a medical exam before admission into the United States. DHS shall ensure, to the greatest extent practicable, that individuals admitted under such a waiver undergo medical exams no later than 30 days after admission into the United States.
Such an individual shall be admitted as a conditional permanent resident. DHS shall remove the conditions once the individual receives and passes a medical examination.

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.

    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 ``Honoring Our Promises through 
Expedition for Afghan SIVs Act of 2021'' or the ``HOPE for Afghan SIVs 
Act of 2021''.

SEC. 2. WAIVER OF MEDICAL EXAMINATION FOR AFGHAN ALLIES.

    (a) Authorization.--The Secretary of State and the Secretary of 
Homeland Security may jointly issue a blanket waiver of the requirement 
that aliens described in section 602(b)(2) of the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note) undergo a medical 
examination under section 221(d) of the Immigration and Nationality Act 
(8 U.S.C. 1201(d)), or any other applicable provision of law, prior to 
issuance of an immigrant visa or admission to the United States.
    (b) Duration.--A waiver issued under subsection (a) shall remain in 
effect for a period not to exceed 1 year, and, subject to subsection 
(g), may be extended by the Secretary of State and Secretary of 
Homeland Security for additional periods, each of which shall not 
exceed 1 year.
    (c) Notification.--Upon exercising the waiver authority under 
subsection (a), or the authority to extend a waiver under subsection 
(b), the Secretary of State and the Secretary of Homeland Security 
shall notify the appropriate congressional committees.
    (d) Requirement for Medical Examination After Admission.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Health and Human Services, 
        shall establish procedures to ensure, to the greatest extent 
        practicable, that any alien who receives a waiver of the 
        medical examination requirement under this section, completes 
        such an examination not later than 30 days after the date on 
        which such alien is admitted to the United States.
            (2) Conditional basis for status.--
                    (A) In general.--Notwithstanding any other 
                provision of law, an alien who receives a waiver of the 
                medical examination requirement under this section 
                shall be considered, at the time of admission to the 
                United States, as an alien lawfully admitted for 
                permanent residence on a conditional basis.
                    (B) Removal of conditions.--The Secretary of 
                Homeland Security shall remove the conditional basis of 
                the alien's status upon the Secretary's confirmation 
                that such alien has completed the medical examination 
                and is not inadmissible under section 212(a)(1)(A) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(1)(A)).
            (3) Report.--Not later than one year after the date on 
        which waiver authority under subsection (a) is exercised or 
        such waiver is extended under subsection (b), as applicable, 
        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 status of 
        medical examinations required under paragraph (1), including--
                    (A) the number of pending and completed 
                examinations; and
                    (B) the number of aliens who have failed to 
                complete the medical examination within the 30-day 
                period after the date of such aliens' admission.
    (e) Appropriate Congressional Committees.--The term ``appropriate 
congressional committees'' means--
            (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.

SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives June 29, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.