HOPE for Afghan SIVs Act of 2021

Bill: 117-hr-3385
Sponsor: full_name: Rep. Crow, Jason [D-CO-6]
Introduced: 2021-05-20
Policy area: Immigration
Subjects: Afghanistan

Asia

Congressional oversight

Foreign labor

Immigration status and procedures

Medical tests and diagnostic methods

Military operations and strategy

Visas and passports
Latest action: action_date: 2021-11-09
text: Referred to the Subcommittee on Immigration and Citizenship.

Summaries:
action_date: 2021-05-20
action_desc: Introduced in House
text: <p><strong>Honoring Our Promises through Expedition for Afghan SIVs Act of 2021 or the HOPE for Afghan SIVs Act of 2021</strong></p> <p>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. </p> <p>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.</p> <p>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. </p>

action_date: 2021-06-29
action_desc: Passed House
text: <p><strong>Honoring Our Promises through Expedition for Afghan SIVs Act of 2021 or the HOPE for Afghan SIVs Act of 2021</strong></p> <p>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. </p> <p>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.</p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3385 IN THE HOUSE OF REPRESENTATIVES May 20, 2021 Mr. Crow (for himself and Mr. Wenstrup ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL 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 or the 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 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 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 not 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 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) Sunset The authority under subsections (a) and (b) expires on the date that is 3 years after the date of enactment of this Act.

tv_txt: I 117th CONGRESS 1st Session H. R. 3385 IN THE HOUSE OF REPRESENTATIVES 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. 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 . 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. 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. Cheryl L. Johnson, Clerk.

tv_txt: 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. 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 . 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. 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. Cheryl L. Johnson, Clerk