Pub. L. 117-31, tit. IV, sec. 401
extension and modification of the afghan special immigrant visa program
extension and modification of the afghan special immigrant visa programSec. 401. (a) 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) 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—“(aa) 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; or “(bb) to perform activities for the United States military personnel stationed at International Security Assistance Force (or any successor name for such Force);” ; and (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”; (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 “34,500”; (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;”;135 STAT. 316 (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”. (b) Emergency Requirement.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. (c) Report to Congress.—(1) In general.—Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report, including a classified annex, if necessary, on the Afghan special immigrant visa program as described in Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) and Section 1059 of the National Defense Authorization Act of 2006 (8 U.S.C. 1101 note). (2) Elements.—The report required by paragraph (1) shall include the following:(A) The total number of visas issued under such program, disaggregated by fiscal year. (B) With respect to principal aliens issued special immigrant visas under such program, a description of the types of roles performed for which such aliens earned eligibility for such visas. (C) Information regarding the average processing times for visa applicants under such program, disaggregated by the fiscal year in which visa applications under the program were submitted. (D) The number of individuals who have pending applications for visas under such program, including— (1) The number of individuals approved of the total number of applications processed by the Chief of Mission; and (2) The number of successful appeals of the total number of application appeals filed.(E) The estimated total number of individuals who have performed the requisite employment to apply for a visa under such program, but who have not yet applied for or received a visa, including a description of the methodology used to create such an estimate. (3) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means—(A) the Committee on Appropriations, 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 (B) the Committee on Appropriations, 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.135 STAT. 317