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S. 3667, Consular and Administrative Support Act of 2020

Summary

Senate bill 3667 of the 116th Congress, 2D Session, is the Consular and Administrative Support Act of 2020. Menendez introduced it on May 7, 2020, and it was referred to the Committee on Foreign Relations. The bill would require the establishment of a repatriation task force during major infectious disease outbreaks, authorize additional paid leave for employees of certain independent agencies involved in the conduct of foreign affairs, and extend the application period and use of certain special immigrant visas. Section 2 states the policy of the United States, during any public health emergency caused by an epidemic or pandemic, to not leave any United States national involuntarily stranded in a foreign country and to provide all appropriate and available assistance to facilitate their return.

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Congressional materials
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Bills Bills 116S3667Is Bills 116S3667Is
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Bills Bills 116S3667Is Bills 116S3667Is

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“S. 3667, Consular and Administrative Support Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3667is-bills-116s3667is/, SHA-256 3b76a617fd82bc62398a8b848c2f842f564832c1aebb4a22c128f0b707297320.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 3667
                                                                       To require the establishment of a repatriation task force during major infec-
                                                                           tious disease outbreaks, to authorize additional paid leave for employees
                                                                           of certain independent agencies involved in the conduct of foreign affairs,
                                                                           and to extend the application period and use of certain special immigrant
                                                                           visas.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                       MAY 7, 2020
                                                                             Mr. MENENDEZ introduced the following bill; which was read twice and
                                                                                      referred to the Committee on Foreign Relations




                                                                                                                 A BILL
                                                                       To require the establishment of a repatriation task force
                                                                          during major infectious disease outbreaks, to authorize
                                                                          additional paid leave for employees of certain inde-
                                                                          pendent agencies involved in the conduct of foreign af-
                                                                          fairs, and to extend the application period and use of
                                                                          certain special immigrant visas.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3    SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Consular and Adminis-




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                                                                         5 trative Support Act of 2020’’.




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                                                                         1    SEC.        2.     CONSULAR              AFFAIRS            AND        REPATRIATION         RE-

                                                                         2                             SOURCES OF THE DEPARTMENT OF STATE.

                                                                         3              Section 1 of the State Department Basic Authorities
                                                                         4 Act of 1956 (22 U.S.C. 2651a) is amended by adding at
                                                                         5 the end the following:
                                                                         6              ‘‘(h) RESPONDING TO EPIDEMICS OR PANDEMICS.—
                                                                         7                       ‘‘(1) STATEMENT OF POLICY.—It shall be the
                                                                         8              policy of the United States, during any public health
                                                                         9              emergency caused by an epidemic or pandemic—
                                                                       10                                  ‘‘(A) to not leave any United States na-
                                                                       11                        tional involuntarily stranded in a foreign coun-
                                                                       12                        try; and
                                                                       13                                  ‘‘(B) to provide all appropriate and avail-
                                                                       14                        able assistance to United States nationals to fa-
                                                                       15                        cilitate their return to the United States, when
                                                                       16                        requested, for the duration of the public health
                                                                       17                        emergency.
                                                                       18                        ‘‘(2) DEFINITIONS.—In this subsection—
                                                                       19                                  ‘‘(A) the term ‘tier two response’ means a
                                                                       20                        single, comprehensive approach to incident
                                                                       21                        management for the National Passport Center
                                                                       22                        and the National Visa Center during a national
                                                                       23                        emergency caused by an epidemic or pandemic,
                                                                       24                        including—




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                                                                       25                                         ‘‘(i) the promulgation of protocols for
                                                                       26                                  communication, information and planning,
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                                                                         1                                 emergency assistance, logistics manage-
                                                                         2                                 ment and support, staffing, and financial
                                                                         3                                 management; and
                                                                         4                                        ‘‘(ii) the identification of roles and re-
                                                                         5                                 sponsibilities for response and staffing,
                                                                         6                                 critical infrastructure, and international
                                                                         7                                 and interagency coordination; and
                                                                         8                                 ‘‘(B) the term ‘United States national’
                                                                         9                       means an individual who is—
                                                                       10                                         ‘‘(i) a United States citizen; or
                                                                       11                                         ‘‘(ii) an alien lawfully admitted for
                                                                       12                                  permanent residence to the United States.
                                                                       13                        ‘‘(3) ESTABLISHMENT OF REPATRIATION TASK
                                                                       14               FORCE.—In responding to an infectious disease out-

                                                                       15               break that is sustained, severe, and spreading, in-
                                                                       16               cluding a determination by the Director-General of
                                                                       17               the World Health Organization of a public health
                                                                       18               emergency of international concern under Article 12
                                                                       19               of the International Health Regulations, done at Ge-
                                                                       20               neva May 23, 2005, the Secretary shall establish,
                                                                       21               under the direction of the Assistant Secretary for
                                                                       22               Consular Affairs, a Repatriation Task Force, which
                                                                       23               shall—
                                                                       24                                  ‘‘(A) formulate and implement policies that



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                                                                       25                        protect and advance United States interests in


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                                                                         1                       protecting and safeguarding the needs of
                                                                         2                       United States nationals, including repatriation
                                                                         3                       and other health and medical needs;
                                                                         4                                 ‘‘(B) manage, in coordination with relevant
                                                                         5                       diplomatic posts, all communication and coordi-
                                                                         6                       nation with United States nationals regarding
                                                                         7                       their needs, including repatriation and health
                                                                         8                       and medical matters;
                                                                         9                                 ‘‘(C) ensure that procedures implemented
                                                                       10                        by American Citizen Services are integrated
                                                                       11                        into, and reflected in, the decision-making proc-
                                                                       12                        ess within the Department of State;
                                                                       13                                  ‘‘(D) coordinate the functions of American
                                                                       14                        Citizen Services, including repatriation, re-
                                                                       15                        sponding to health and medical needs, and
                                                                       16                        other relevant functions, within the Department
                                                                       17                        of State;
                                                                       18                                  ‘‘(E) incorporate the functions of American
                                                                       19                        Citizen Services, including repatriation and
                                                                       20                        other health and medical needs priorities, into
                                                                       21                        the activities of the Department of State;
                                                                       22                                  ‘‘(F) coordinate efforts of the Department
                                                                       23                        of State with relevant Federal departments and
                                                                       24                        agencies to meet the needs of American Citizen



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                                                                         1                       Services,             including          repatriation               and   other
                                                                         2                       health and medical needs; and
                                                                         3                                 ‘‘(G) support American Citizen Services
                                                                         4                       with repatriation and other health and medical
                                                                         5                       needs, including coordinating and providing re-
                                                                         6                       sources to meet all repatriation needs.
                                                                         7                       ‘‘(4) PERSONNEL.—The Secretary shall ensure
                                                                         8              that there are sufficient personnel serving in the Of-
                                                                         9              fice of American Citizen Services and Crisis Manage-
                                                                       10               ment and the Bureau of Consular Affairs or other
                                                                       11               Department of State personnel in the countries af-
                                                                       12               fected by the epidemic or pandemic, to carry out the
                                                                       13               responsibilities set forth in paragraph (3), including
                                                                       14               repatriation matters.
                                                                       15                        ‘‘(5) NATIONAL PASSPORT CENTER AND NA-
                                                                       16               TIONAL VISA CENTER.—In responding to an infec-

                                                                       17               tious disease outbreak described in paragraph (3),
                                                                       18               the Secretary should activate a tier two response by
                                                                       19               the National Passport Information Center and the
                                                                       20               National Visa Center.
                                                                       21                        ‘‘(6) NOTIFICATION REQUIREMENT.—Not later
                                                                       22               than 15 days before the Department of State in-
                                                                       23               tends to discontinue the repatriation services de-
                                                                       24               scribed in paragraph (3) in any region, country, or



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                                                                       25               part thereof during a public health emergency


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                                                                         1              caused by an epidemic or pandemic affecting such
                                                                         2              region, country, or part, the Secretary shall notify,
                                                                         3              by all appropriate means, all United States nationals
                                                                         4              affected by this service interruption, the Committee
                                                                         5              on Foreign Relations of the Senate, and the Com-
                                                                         6              mittee on Foreign Affairs of the House of Rep-
                                                                         7              resentatives of the date after which the Department
                                                                         8              of State will no longer provide such services to
                                                                         9              United States nationals seeking repatriation to the
                                                                       10               United States.’’.
                                                                       11     SEC. 3. ADDITIONAL PAID LEAVE FOR EMPLOYEES OF CER-

                                                                       12                              TAIN INDEPENDENT AGENCIES INVOLVED IN

                                                                       13                              THE CONDUCT OF FOREIGN AFFAIRS.

                                                                       14               Section 21007 of the CARES Act (Public Law 116–
                                                                       15 136) is amended—
                                                                       16                        (1) by inserting ‘‘, the Director of the Peace
                                                                       17               Corps, the Chief Executive Officer of the Millennium
                                                                       18               Challenge Corporation, the Chief Executive Officer
                                                                       19               of the International Development Finance Corpora-
                                                                       20               tion, the President and Chief Executive Officer of
                                                                       21               the United States African Development Foundation,
                                                                       22               the President and Chief Executive Officer of the
                                                                       23               Inter-American Foundation,’’ after ‘‘the Secretary of
                                                                       24               State’’; and



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                                                                         1                       (2) by striking ‘‘the Secretary and the Adminis-
                                                                         2              trator’’ and inserting ‘‘each of the agency heads au-
                                                                         3              thorized to provide additional paid leave under this
                                                                         4              section’’.
                                                                         5    SEC. 4. EXTENSION OF APPLICATION PERIOD AND USE OF

                                                                         6                             CERTAIN SPECIAL IMMIGRANT VISAS.

                                                                         7              (a) COVERED VISA DEFINED.—In this section, the
                                                                         8 term ‘‘covered visa’’ means a special immigrant visa
                                                                         9 that—
                                                                       10                        (1) is authorized under—
                                                                       11                                  (A) section 1059 of the National Defense
                                                                       12                        Authorization Act for Fiscal Year 2006 (Public
                                                                       13                        Law 109–163; 8 U.S.C. 1101 note);
                                                                       14                                  (B) section 1244 of the Refugee Crisis in
                                                                       15                        Iraq Act of 2007 (Public Law 110–181; 8
                                                                       16                        U.S.C. 1157 note); or
                                                                       17                                  (C) section 602 of the Afghan Allies Pro-
                                                                       18                        tection Act of 2009 (Public Law 111–8; 8
                                                                       19                        U.S.C. 1101 note);
                                                                       20                        (2) was issued during fiscal year 2020; and
                                                                       21                        (3) was not used for travel to the United
                                                                       22               States.
                                                                       23               (b) EXTENSION OF VALIDITY PERIOD.—
                                                                       24                        (1) IN GENERAL.—Given the current travel re-



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                                                                       25               strictions and health concerns related to inter-


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                                                                         1              national travel due to the coronavirus pandemic, not
                                                                         2              later than 60 days after the date on which the Inter-
                                                                         3              national Organization for Migration resumes flights
                                                                         4              for refugee resettlement to the United States, the
                                                                         5              Secretary of State, in cooperation with the Secretary
                                                                         6              of Homeland Security, shall extend the period of va-
                                                                         7              lidity of a covered visa until a date that is not ear-
                                                                         8              lier than 6 months after such extension date.
                                                                         9                       (2) NO EFFECT ON NUMERICAL LIMITATION.—
                                                                       10               Any extension under paragraph (1) may not be
                                                                       11               counted against any numerical limitation on the
                                                                       12               number of visas available under any law referred to
                                                                       13               in subsection (a)(1).
                                                                       14               (c) EXTENSION OF APPLICATION PERIOD.—If the
                                                                       15 application period for any covered visa is scheduled to ex-
                                                                       16 pire between February 1, 2020, and 60 days after the date
                                                                       17 on which the International Organization for Migration re-
                                                                       18 sumes flights for refugee resettlement to the United
                                                                       19 States, the Secretary of State shall extend such applica-
                                                                       20 tion period so that eligible applicants may apply for a cov-
                                                                       21 ered visa until the date that is 6 months after such flight
                                                                       22 resumption date.
                                                                                                                              Æ




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