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”.
Honoring Our Promises through Expedition for Afghan SIVs Act of 2021
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.
Sec. 2 Waiver of medical examination for afghan allies
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.
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.
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.
Requirement for medical examination after admission—
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.
Conditional basis for status—
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.
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)).
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—
the number of pending and completed examinations; and
the number of aliens who have failed to complete the medical examination within the 30-day period after the date of such aliens’ admission.
Appropriate congressional committees— The term appropriate congressional committees means—
the Committees on Armed Services of the House of Representatives and of the Senate;
the Committees on the Judiciary of the House of Representatives and of the Senate;
the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
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.
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.