National Defense Authorization Act for Fiscal Year 2017

Floor Speech

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Mrs. SHAHEEN. Madam President, I join Chairman McCain and Ranking Member Reed in the very eloquent remarks they have provided in support of the Special Immigrant Visa Program for Afghans who have assisted our men and women on the ground serving in Afghanistan.

Chairman McCain mentioned the letter from GEN Stanley McChrystal. I would like to read a few sentences from this letter that was sent to all the Members of Congress.

General McChrystal says:

The U.S. military presence in Afghanistan relies on allies who serve as translators, security personnel, and in a multitude of other functions. All of these actors are vital to the U.S. mission, whether [they] work directly or indirectly with U.S. forces. Afghans who served the United States in non-military capacities or in support of the Department of State face serious threats as a result of their service.

He goes on to say:

If this program falls far short of the need, it will have serious national security implications.

We have received similar letters from GEN John Campbell, who was head of the forces in Afghanistan, and from General Nicholson, who is currently the general and commander of resolute support of United States Forces-Afghanistan. Ryan Crocker, a former Ambassador in Afghanistan, has been very eloquent in the need to continue to support this program and make sure those Afghans who have stood with our American soldiers can come to the United States.

Hon. Senator John McCain, Russell Senate Office Building, Washington, DC. Hon. Senator Jack Reed, Hart Senate Office Building, Washington, DC. Hon. Representative Mac Thornberry, Rayburn House Office Building, Washington, DC. Hon. Representative Adam Smith, Rayburn House Office Building, Washington, DC. Hon. Senator Charles Grassley, Hart Senate Office Building, Washington, DC. Hon. Senator Patrick Leahy, Russell Senate Office Building, Washington, DC. Hon. Representative Bob Goodlatte, Rayburn House Office Building, Washington, DC. Hon. Representative John Conyers, Jr., Rayburn House Office Building, Washington, DC.

Dear Senators and Representatives: I write today to express my support for the Afghan Special Immigrant Visa (SIV) program and to express my opinion that additional SIVs are desperately needed.

Throughout my service in the U.S. military, I have seen just how important a role our in-country allies play in our missions. Many of our Afghan allies have not only been mission-essential--serving as the eyes and ears of our own troops and often saving American lives--but have risked their own and their families' lives in the line of duty. Protecting these allies is as much a matter of American national morality as it is American national security. I ask for your help in upholding this obligation by appropriating additional Afghan SIVs to bring our allies to safety in America.

It is crucial that Congress act to provide additional visas for the SIV program. The most recent figures from the State Department suggest that at least 10,000 applicants remain in the SIV processing backlog; as our troop presence in Afghanistan continues, we can only expect more endangered Afghan allies to seek our help, adding to the backlog. The Department of State has indicated that an additional 4,000 Afghan SIVs for the year would allow it to continue to process and issue visas in Fiscal Year 2017. If this program falls far short of the need, it will have serious national security implications.

I am also concerned that Congress may limit eligibility for SIV applicants. The U.S. military presence in Afghanistan relies on allies who serve as translators, security personnel, and in a multitude of other functions. All of these actors are vital to the U.S. mission, whether the work directly or indirectly with U.S. forces. Afghans who served the United States in non-military capacities or in support of the Department of State face serious threats as a result of their service. They are currently eligible for the SIV program and their eligibility should remain intact.

Thank you for your support of the Special Immigrant Visa program. Congress must ensure that the SIV program for our Afghan allies--one of the only truly non-partisan issues of the day--meets the needs of those we seek to help. Sincerely, Stanley A. McChrystal, General, U.S. Army (Retired). ____ Headquarters, Resolute Support, Kabul, Afghanistan, May 20, 2016. Hon. John McCain, Chairman, Armed Services Committee, U.S. Senate, Washington, DC.

Dear Mr. Chairman, I would like to express my support for the continuation of the Special Immigrant Visa (SIV) program. It is my firm belief that abandoning this program would significantly undermine our credibility and the 15 years of tremendous sacrifice by thousands of Afghans on behalf of Americans and Coalition partners. These men and women who have risked their lives and have sacrificed much for the betterment of Afghanistan deserve our continued commitment. Failure to adequately demonstrate a shared understanding of their sacrifices and honor our commitment to any Afghan who supports the International Security Assistance Force and Resolute Support missions could have grave consequences for these individuals and bolster the propaganda of our enemies.

During my previous three tours in Afghanistan, I have seen many Afghans put themselves and their families at risk to assist our forces in pursuit of stability for their country. The stories of these interpreters and translators are heart- wrenching. They followed and supported our troops in combat at great personal risk, ensuring the safety and effectiveness of Coalition members on the ground. Many have been injured or killed in the line of duty, a testament to their commitment, resolve, and dedication to support our interests. Continuing our promise of the American dream is more than in our national interest, it is a testament to our decency and long- standing tradition of honoring our allies.

Afghanistan faces a continuing threat from both the Afghan insurgency and extremist networks. We must remain committed to helping those Afghans who, at great personal risk, have helped us in our mission. This is the second year the Afghan National Defense and Security Forces (ANDSF) are in the lead for security. They are fighting hard and fighting well for a stable, secure Afghanistan. The vast majority of the SIV applicants have served as interpreters and translators for our troops. They have exposed themselves and compromised the safety of their families to provide critical situational awareness and guidance, both of which have helped save countless Afghan, American and Coalition lives.

Thank you for your continued support of American troops in Afghanistan. Very Respectfully, John W. Nicholson,

General, U.S. Army, Commander, Resolute Support/United States Forces--Afghanistan. ____ Headquarters, United States Forces-Afghanistan, Kabul, Afghanistan. Hon. John McCain, Chairman, Armed Services Committee, U.S. Senate, Washington, DC.

Dear Mr. Chairman, I am writing you to express my strongest support for the Special Immigrant Visa (SIV) program.

Since our arrival in Afghanistan, U.S. Forces have relied upon our Afghan partners, especially our linguists, to perform our mission. They have consistently been there with us through the most harrowing ordeals, never wavering in their support for our soldiers, our mission, and their own country. Many have been injured or killed in the line of duty.

Unfortunately, their support of our mission has resulted in our Afghan partners facing threats from insurgent groups throughout the country. They frequently live in fear that they or their families will be targeted for kidnappings and death. Many have suffered this fate already. The SIV program offers hope that their sacrifices on our behalf will not be forgotten.

After several ups and downs, the program remains an extremely important way for the United States to protect those who assisted us. By December 2014, the Department of State had issued all 4,000 Afghan SIVs allocated under the Consolidated Appropriations Act for Fiscal Year (FY) 2014. As you know, the FY15 National Defense Authorization Act provides 4,000 additional SIVs for Afghan applicants. The State Department's Status of Afghan Special Immigrant Visa Program report in April 2015 shows there are more than 8,000 SIV applications that have been submitted. Each week, I receive several personal requests and inquiries from linguists and others who have worked with, or continue to work with, U.S. Forces, seeking assistance with the Afghan SIV program. I inform them how we are working closely with Congress to obtain adequate SIV allocations each year. This shows just how important this program remains to our Afghan partners, as well our own forces.

Since I assumed command of the Resolute Support Mission/ U.S. Forces-Afghanistan, much has changed and the Afghan National Defense Security Forces (ANDSF) are in the lead to secure the country. We have a willing and strategic partner whose interests are aligned with our own. The ANDSF is taking the fight to the enemy this fighting season and are performing well. Our prospects for long-term success and a strategic partner have never been better. We would not be in this position without the support and leadership of the U.S. Congress, the American people, the men and women who have served here with distinction, and our Afghan partners.

I urge Congress to ensure that continuation of the SIV program remains a prominent part of any future legislation on our efforts in Afghanistan. This program is crucial to our ability to protect those who have helped us so much.

Thank you for your support for America's Soldiers, Sailors, Airmen, and Marines. Sincerely, John F. Campbell, General, U.S. Army, Commanding. ____ [From the Washington Post, May 12, 2016] Don't Let the U.S. Abandon Thousands of Afghans Who Worked for Us (By Ryan Crocker)

The House will soon consider the National Defense Authorization Act, an annual piece of legislation that sets policy for the military. If the bill becomes law in its current form, the United States will break faith with the Afghans who served with U.S. troops and diplomats.

This is a very personal issue for me. I was the U.S. ambassador to Iraq from 2007 to 2009 and the U.S. ambassador to Afghanistan from 2011 to 2012. I observed firsthand the courage of the citizens who risked their lives trying to help their own countries by helping the United States. During my time in Afghanistan, I had the pleasure of working with the 859 Afghan staffers at our embassy who risked their lives every day to work for the betterment of their country and ours. It takes a special kind of heroism for them to serve alongside us.

Two men continue to stand out in my memory for their service to our nation. Taj, for instance, worked for the U.S. government for more than 20 years; he returned from Pakistan after the fall of the Taliban as the first local staffer in the reopened embassy. He was there when I first raised our flag in early 2002. His outreach to imams to discuss religious tolerance and women's rights under the Koran has achieved measurable results in fighting extremism. Another, Reza, helped connect embassy leadership with politicians and thought leaders, supporters and critics, to hear their concerns and ideas. To protect these brave men and their families, I can use only their first names here.

As a result of their service, many allies like Taj and Reza have faced--and continue to face--security threats so serious that they are unable to remain in their home countries. From 2006 to 2009, I worked closely with the Congress to establish special immigrant visa (SIV) programs for Afghans and Iraqis that enable our brave partners to come to safety in the United States because of the sacrifices they made on our behalf. Although Iraqi and Afghani ``special immigrants'' do not technically come as refugees under the law, that is exactly what they are, in essence: people persecuted because of their political actions and in urgent need of protection. Reza, for example, faced Taliban death threats for his work assisting our embassy and now lives in the United States.

In an era of partisan rancor, this has been an area where Republicans and Democrats have acted together. Congress has continued to support policies aimed at protecting our wartime allies by renewing the Afghanistan SIV program annually-- demonstrating a shared understanding that taking care of those who took care of us is not just an act of basic decency; it is also in our national interest. American credibility matters. Abandoning these allies would tarnish our reputation and endanger those we are today asking to serve alongside U.S. forces and diplomats.

By welcoming these Afghans, we would offer a powerful counter-narrative to the propaganda of the Islamic State and other extremist groups, which claim that the United States is hostile to Muslims. Turning our backs on people who worked with us would appear to give credence to the extremists' lies.

The need for help is particularly great this year as the U.S. military has reduced its presence in Afghanistan. There are 10,000 Afghans in the SIV application backlog. But the State Department has fewer than 4,000 visas remaining, which would leave more than 6,000 Afghans stranded in a country where their work for the United States means they are no longer safe. State requested 4,000 additional visas so that it can continue to process applications. Yet even these additional visas are not enough to protect all the Afghans and Iraqis who have worked and continue to support the United States abroad.

But the legislation, as it passed the House Armed Services Committee last week, goes in the opposite direction. Despite this backlog, the bill has no provision to increase the number of visas. It restricts the criteria for eligibility to military interpreters and translators who worked off-base and individuals who worked on-base in ``trusted and sensitive'' military support roles, excluding Afghans who worked in non- military roles such as on-base security, maintenance and support for diplomats and other government entities. Neither Taj nor Reza would have qualified under such revised criteria. When deciding whom to kill, the Taliban do not make such distinctions in service--nor should we when determining whom to save.

There is still time to save and strengthen this essential program. This week, the Senate Armed Services Committee is considering the bill. In past years, the bipartisan efforts of leaders like Sens. John McCain (R-Ariz.) and Jeanne Shaheen (D-N.H.) have kept these essential visa programs intact, and I hope they can do the same this year. Congress should both expand this essential program and work to fix the delays in processing that are weakening it.

This is truly a matter of life and death. I know hundreds of people who have been threatened because of their affiliation with the United States. Some have been killed. Today, many are in hiding, praying that the United States keeps its word. We can and must do better.

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Mrs. SHAHEEN. Madam President, as Senator Reed said, the amendment we have offered has been very carefully crafted. It has been a compromise among those who have had concerns about the program and those of us who believe it is critical we continue to support it. This is something all of those who have been watching this program have now agreed to, and I hope the objection we are hearing from some, that I think is unrelated to this issue, can be addressed.

I close with a story that says to me how important this program is. Senator McCain and I had the opportunity 2 years ago to sit down with a former Army captain, a man named Matt Zeller, and his interpreter, an Afghan named Janis Shinwari, who had just been allowed into the United States. When I asked Matt Zeller how he met Janis and about the help he had provided him, his response was that they had met basically when he and his unit were under attack from the Taliban and he was knocked out in that attack. When he woke up, it wasn't he and fellow unit members of the military who were dead, it was the Taliban, and they were dead because Janis Shinwari was there and had protected Matt and the fellow members of his unit.

I think that says so much about how important these interpreters and those who have provided support to our men and women on the ground in Afghanistan have been. What will we say the next time we want somebody to help, when we need help in a country where our men and women are fighting, if they can look back and say: You didn't keep your word, United States, so why should we help you now?

This is our opportunity to continue to keep our word, to continue to make sure those people who helped us in Afghanistan, who protected our men and women on the ground there, are able to come to the United States when they are threatened, when their families are threatened, and be safe.

I certainly hope we can work out the objection we are hearing from some Members and that we can support this very carefully crafted compromise to make sure we protect those who have helped protect us.

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Mrs. SHAHEEN. I say thank you to Senator McCain. Thank you for your leadership and thanks to Senator Jack Reed for his leadership on this issue. As the Senator points out, there are real lives at stake. If we are not able to continue the Special Immigrant Visa Program for those Afghans who have helped us during the conflict in Afghanistan, then--we know the Taliban has already murdered a number of them, their family members. As the Senator points out, to have someone object to going forward with this amendment--not related to the program at all but because people have other personal issues they want to address--it would be unfortunate and not in this country's interest.

What we are actually hoping we can vote on today is a carefully crafted amendment. It addresses the legitimate concerns that people have raised about this program. We spent hours over the last few days and last night trying to come to some agreement to address those issues, and I think the legislation before us does that.

The concern, as I understand, isn't about this program and about what is in this program; it is about individuals who have their own issues unrelated to this program that they want to see addressed. I understand that. We all have our issues, but that is not what we ought to be voting on at this point.

The Senator pointed out that Ryan Crocker, who served both in Afghanistan and Iraq, has talked about the importance of this program, as have so many of our generals and those who have served. I want to quote from an op-ed piece he wrote last month about the importance of Congress addressing this program. He said:

In an era of partisan rancor, this has been an area where Republicans and Democrats have acted together. Congress has continued to support policies aimed at protecting our wartime allies by renewing the Afghanistan SIV program annually-- demonstrating a shared understanding that taking care of those who took care of us is not just an act of basic decency; it is also in our national interest. American credibility matters. Abandoning these allies would tarnish our reputation and endanger those we are today asking to serve alongside U.S. forces and diplomats.

As we all know, this country owes a great debt to the Afghans who provided essential assistance to the U.S. mission in Afghanistan. Thousands of brave men and women put themselves and their families at risk to help our soldiers and diplomats accomplish their mission and return home safely. We must not turn our back on these individuals. We must not imperil our ability to secure this kind of assistance in the future, and a ``no'' vote today would do exactly that.

I urge this body to move forward to allow a vote on a compromise that has been supported by everybody who was raising concerns about this program.

I would like to yield to my colleague from South Carolina.

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Mrs. SHAHEEN. Sorry. Senator Moran.

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Mrs. SHAHEEN. Mr. President, will my colleague from South Carolina yield for a question?

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Mrs. SHAHEEN. Mr. President, the Senator from South Carolina talked about the fight against ISIL and how that is spreading across the Middle East. What kind of message does it send to the Taliban, ISIL, and other terrorist groups, should they hear that we are defeating this program that was designed to help those people who helped us?

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