[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2327 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2327
To provide support for nationals of Afghanistan who supported the
United States mission in Afghanistan, adequate vetting for parolees
from Afghanistan, adjustment of status for eligible individuals, and
special immigrant status for at-risk Afghan allies and relatives of
certain members of the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2023
Ms. Klobuchar (for herself, Mr. Graham, Mr. Coons, Mr. Moran, Mr.
Blumenthal, Ms. Murkowski, Mrs. Shaheen, Mr. Wicker, Mr. Tillis, and
Mr. Durbin) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide support for nationals of Afghanistan who supported the
United States mission in Afghanistan, adequate vetting for parolees
from Afghanistan, adjustment of status for eligible individuals, and
special immigrant status for at-risk Afghan allies and relatives of
certain members of the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Adjustment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on the Judiciary of the House of
Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Armed Services of the House of
Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Special immigrant status.--The term ``special immigrant
status'' means special immigrant status provided under--
(A) the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8);
(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163); or
(C) section 7 or an amendment made by such section.
(4) Specified application.--The term ``specified
application'' means--
(A) a pending, documentarily complete application
for special immigrant status; and
(B) a case in processing in the United States
Refugee Admissions Program for an individual who has
received a Priority 1 or Priority 2 referral to such
program.
(5) United states refugee admissions program.--The term
``United States Refugee Admissions Program'' means the program
to resettle refugees in the United States pursuant to the
authorities provided in sections 101(a)(42), 207, and 412 of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(42),
1157, and 1522).
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nationals of Afghanistan residing outside the United
States who meet the requirements for admission to the United
States through a specified special immigrant visa application
have demonstrably aided the United States mission in
Afghanistan during the past 20 years; and
(2) the United States should increase support for such
nationals of Afghanistan.
SEC. 4. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED STATES.
(a) Response to Congressional Inquiries.--The Secretary of State
shall respond to inquiries by Members of Congress regarding the status
of a specified application submitted by, or on behalf of, a national of
Afghanistan, including any information that has been provided to the
applicant, in accordance with section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)).
(b) Office in Lieu of Embassy.--During the period in which there is
no operational United States embassy in Afghanistan, the Secretary of
State shall designate an appropriate office within the Department of
State--
(1) to review specified applications submitted by nationals
of Afghanistan residing in Afghanistan, including by conducting
any required interviews;
(2) to issue visas or other travel documents to such
nationals, in accordance with the immigration laws;
(3) to provide services to such nationals, to the greatest
extent practicable, that would normally be provided by an
embassy; and
(4) to carry out any other function that the Secretary
considers necessary.
SEC. 5. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the President shall establish an Interagency
Task Force on Afghan Ally Strategy (referred to in this section as the
``Task Force'')--
(1) to develop and oversee the implementation of the
strategy and contingency plan described in subsection
(d)(1)(A); and
(2) to submit the report, and provide a briefing on the
report, as described in subsection (d).
(b) Membership.--
(1) In general.--The Task Force shall include--
(A) 1 or more representatives from each relevant
Federal agency, as designated by the head of the
applicable relevant Federal agency; and
(B) any other Federal Government official
designated by the President.
(2) Defined term.--In this subsection, the term ``relevant
Federal agency'' means--
(A) the Department of State;
(B) the Department Homeland Security;
(C) the Department of Defense;
(D) the Department of Health and Human Services;
(E) the Federal Bureau of Investigation; and
(F) the Office of the Director of National
Intelligence.
(c) Chair.--The Task Force shall be chaired by the Secretary of
State.
(d) Duties.--
(1) Report.--
(A) In general.--Not later than 180 days after the
date on which the Task Force is established, the Task
Force, acting through the chair of the Task Force,
shall submit a report to the appropriate committees of
Congress that includes--
(i) a strategy for facilitating the
resettlement of nationals of Afghanistan
outside the United States who, during the
period beginning on October 1, 2001, and ending
on September 1, 2021, directly and personally
supported the United States mission in
Afghanistan, as determined by the Secretary of
State in consultation with the Secretary of
Defense; and
(ii) a contingency plan for future
emergency operations in foreign countries
involving foreign nationals who have worked
directly with the United States Government,
including the Armed Forces of the United States
and United States intelligence agencies.
(B) Elements.--The report required under
subparagraph (A) shall include--
(i) the total number of nationals of
Afghanistan who have pending specified
applications, disaggregated by--
(I) such nationals in Afghanistan
and such nationals in a third country;
(II) type of specified application;
and
(III) applications that are
documentarily complete and applications
that are not documentarily complete;
(ii) an estimate of the number of nationals
of Afghanistan who may be eligible for special
immigrant status under section 7 or an
amendment made by such section;
(iii) with respect to the strategy required
under subparagraph (A)(i)--
(I) the estimated number of
nationals of Afghanistan described in
such subparagraph;
(II) a description of the process
for safely resettling such nationals;
(III) a plan for processing such
nationals of Afghanistan for admission
to the United States, that--
(aa) discusses the
feasibility of remote
processing for such nationals
of Afghanistan residing in
Afghanistan;
(bb) includes any strategy
for facilitating refugee and
consular processing for such
nationals of Afghanistan in
third countries, and the
timelines for such processing;
(cc) includes a plan for
conducting rigorous and
efficient vetting of all such
nationals of Afghanistan for
processing;
(dd) discusses the
availability and capacity of
sites in third countries to
process applications and
conduct any required vetting
for such nationals of
Afghanistan, including the
potential to establish
additional sites; and
(ee) includes a plan for
providing updates and necessary
information to affected
individuals and relevant
nongovernmental organizations;
(IV) a description of
considerations, including resource
constraints, security concerns, missing
or inaccurate information, and
diplomatic considerations, that limit
the ability of the Secretary of State
or the Secretary of Homeland Security
to increase the number of such
nationals of Afghanistan who can be
safely processed or resettled;
(V) an identification of any
resource or additional authority
necessary to increase the number of
such nationals of Afghanistan who can
be processed or resettled;
(VI) an estimate of the cost to
fully implement the strategy; and
(VII) any other matter the Task
Force considers relevant to the
implementation of the strategy; and
(iv) with respect to the contingency plan
required by subparagraph (A)(ii)--
(I) a description of the standard
practices for screening and vetting
foreign nationals considered to be
eligible for resettlement in the United
States, including a strategy for
vetting, and maintaining the records
of, such foreign nationals who are
unable to provide identification
documents or biographic details due to
emergency circumstances;
(II) a strategy for facilitating
refugee or consular processing for such
foreign nationals in third countries;
(III) clear guidance with respect
to which Federal agency has the
authority and responsibility to
coordinate Federal resettlement
efforts;
(IV) a description of any resource
or additional authority necessary to
coordinate Federal resettlement
efforts, including the need for a
contingency fund; and
(V) any other matter the Task Force
considers relevant to the
implementation of the contingency plan.
(C) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(2) Briefing.--Not later than 60 days after submitting the
report required by paragraph (1), the Task Force shall brief
the appropriate committees of Congress on the contents of the
report.
(e) Termination.--The Task Force shall remain in effect until the
earlier of--
(1) the date on which the strategy required under
subsection (d)(1)(A)(i) has been fully implemented; or
(2) the date that is 10 years after the date of the
enactment of this Act.
SEC. 6. ADJUSTMENT OF STATUS FOR ELIGIBLE INDIVIDUALS.
(a) Defined Term.--In this section, the term ``eligible
individual'' means an alien who--
(1) is present in the United States--
(2) is a citizen or national of Afghanistan or, in the case
of an alien having no nationality, is a person who last
habitually resided in Afghanistan; and
(3)(A) was inspected and admitted to the United States on
or before the date of the enactment of this Act;
(B) was paroled into the United States during the period
beginning on July 30, 2021, and ending on the date of the
enactment of this Act, provided that such parole has not been
terminated by the Secretary of Homeland Security upon written
notice; or
(C)(i) was admitted or paroled into the United States after
the date of the enactment of this Act; and
(ii) has been determined by the Secretary of Homeland
Security, in cooperation with the Secretary of Defense and
other Federal agency partners, to have directly and personally
supported the United States mission in Afghanistan, to an
extent considered comparable to the support provided by
individuals who have received Chief of Mission approval as part
of their application for special immigrant status.
(b) Adjustment of Status.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall adjust the status of an
eligible individual to the status of an alien lawfully admitted for
permanent residence if--
(1) the eligible individual--
(A) submits an application for adjustment of status
in accordance with procedures established by the
Secretary; and
(B) meets the requirements of this section; and
(2) the Secretary determines, in the unreviewable
discretion of the Secretary, that the adjustment of status of
the eligible individual is not contrary to the national
interest, public safety, or national security of the United
States.
(c) Admissibility.--
(1) In general.--Subject to paragraph (2), the provisions
of section 209(c) of the Immigration and Nationality Act (8
U.S.C. 1159(c)) (relating to the admissibility of refugees
seeking adjustment of status) shall apply to applicants for
adjustment of status under this section.
(2) Additional limitations on admissibility.--The Secretary
of Homeland Security may not waive under section 209(c) of the
Immigration and Nationality Act (8 U.S.C. 1159(c))--
(A) any ground of inadmissibility under paragraph
(3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); or
(B) any applicable ground of inadmissibility under
paragraph (2) of that section that arises due to
criminal conduct that was committed in the United
States on or after July 30, 2021.
(3) Rule of construction.--Nothing in this subsection may
be construed to limit any other waiver authority applicable
under the immigration laws to an applicant for adjustment of
status.
(d) Interview and Vetting Requirements.--
(1) Requirements for in-person interview and vetting.--
(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of Defense
and, as appropriate, the Attorney General, shall
establish vetting requirements for applicants seeking
adjustment of status under this section that are
equivalent in rigor to the vetting requirements for
refugees admitted to the United States through the
United States Refugee Admissions Program by
conducting--
(i) an in-person interview (except in the
case of a child who was younger than 10 years
of age at the time of admission or parole);
(ii) biometric and biographic screening to
identify any derogatory information associated
with applicants;
(iii) a review and analysis of the data
holdings of the Department of Defense, the
Department of Homeland Security, and other
cooperating interagency partners, including
biographic and biometric records, iris scans,
fingerprints, voice biometric information, hand
geometry biometrics, and other identifiable
information; and
(iv) a review of the information required
to be collected under paragraph (2).
(B) Clearance of vetting requirements.--
(i) In general.--The Secretary of Homeland
Security may not adjust the status of an
eligible individual to that of an alien
lawfully admitted for permanent residence under
this section until--
(I) the vetting requirements
described in subparagraph (A) have been
implemented; and
(II) the eligible individual clears
the vetting requirements established
under subparagraph (A).
(ii) Prioritization.--The Secretary of
Homeland Security shall prioritize the vetting
of applicants under this paragraph in a manner
that best ensures national security.
(iii) Previous vetting.--The Secretary of
Homeland Security shall conduct the vetting
requirements established under subparagraph (A)
with respect to each applicant for adjustment
of status under this section regardless of
whether the applicant has undergone previous
vetting.
(C) Interview at port of entry.--An interview of an
individual by a U.S. Customs and Border Protection
official at a port of entry shall not be considered to
satisfy the in-person interview requirement under
subparagraph (A)(i).
(D) Rule of construction.--Nothing in this
paragraph may be construed to require, as part of the
vetting requirements under this subsection, that the
Secretary of Homeland Security collect from an
applicant any biometric information that the Department
of Homeland Security already has on file.
(2) Vetting database requirement.--
(A) In general.--The Secretary of Homeland
Security, in consultation with the Secretary of Defense
and, as appropriate, partners in the intelligence
community (including officials of the Department of
State, the Federal Bureau of Investigation, and the
National Counterterrorism Center), shall maintain
records that contain, for each applicant under this
section for the duration of the pendency of their
application for adjustment of status--
(i) personal biographic information,
including name and date of birth;
(ii) biometric information, including,
where available, iris scans, photographs, and
fingerprints; and
(iii) the results of all vetting by the
United States Government to which the applicant
has submitted, including whether the individual
has undergone an in-person vetting interview,
and any recurrent vetting.
(B) Information sharing.--In response to a request
from the Secretary of Homeland Security, in accordance
with subparagraph (A), Federal agencies shall share
information to the extent authorized by law.
(3) Rule of construction.--Nothing in this subsection may
be construed to limit the authority of the Secretary of
Homeland Security to maintain records under any other law.
(e) Record of Admission.--
(1) Priority for those who supported the united states
mission in afghanistan.--Upon the approval of an application
for adjustment of status under this section submitted by an
applicant (and the spouse and child of an applicant, if
otherwise eligible for adjustment of status under this section)
who submits documentation establishing that the applicant has
received Chief of Mission approval as part of their application
for special immigrant status, the Secretary of Homeland
Security shall create a record of the alien's admission as a
lawful permanent resident as of the date on which the alien was
inspected and admitted or paroled into the United States.
(2) Other applicants.--Upon the approval of an application
for adjustment of status under this section submitted by an
applicant other than an applicant described in paragraph (1),
the Secretary of Homeland Security shall create a record of the
alien's admission as a lawful permanent resident as of the date
on which the alien's application for adjustment of status under
this section was approved.
(f) Deadline for Application.--
(1) In general.--Except as provided in paragraph (2), an
individual described in subsection (a) may only adjust status
under this section if the individual submits an application for
adjustment of status not later than the later of--
(A) the date that is 2 years after the date on
which final guidance described in subsection (i)(2) is
published; or
(B) the date that is 2 years after the date on
which such individual becomes eligible to apply for
adjustment of status under this section.
(2) Exception.--An application under this section may be
considered after the applicable date described in paragraph
(1), if the applicant demonstrates to the satisfaction of the
Secretary of Homeland Security the existence of extraordinary
circumstances relating to the delay in submission of the
application.
(g) Prohibition on Further Authorization of Parole.--An individual
described in subsection (a) who was paroled into the United States
shall not be authorized for an additional period of parole if such
individual fails to submit an application for adjustment of status by
the deadline described in subsection (f).
(h) Employment Authorization.--Notwithstanding any other provision
of law, the Secretary of Homeland Security may extend the period of
employment authorization provided to an individual described in
subparagraph (A) or (B) of subsection (a)(2) to the extent that the
individual has been granted any additional period of parole.
(i) Implementation.--
(1) Interim guidance.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Homeland Security shall issue guidance implementing
this section.
(B) Publication.--Notwithstanding section 553 of
title 5, United States Code, guidance issued pursuant
to subparagraph (A)--
(i) may be published on the internet
website of the Department of Homeland Security;
and
(ii) shall be effective on an interim basis
immediately upon such publication, but may be
subject to change and revision after notice and
an opportunity for public comment.
(2) Final guidance.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of
Homeland Security shall finalize the guidance
implementing this section.
(B) Exemption from the administrative procedures
act.--Chapter 5 of title 5, United States Code
(commonly known as the ``Administrative Procedures
Act'') shall not apply to the guidance issued under
this paragraph.
(j) Administrative Review.--The Secretary of Homeland Security
shall provide applicants for adjustment of status under this section
with the same right to, and procedures for, administrative review as
are provided to applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255).
(k) Prohibition on Fees.--The Secretary of Homeland Security may
not charge a fee to any eligible individual in connection with--
(1) an application for adjustment of status or employment
authorization under this section; or
(2) the initial issuance of a permanent resident card or an
employment authorization document under this section.
(l) Pending Applications.--
(1) In general.--During the period beginning on the date on
which an alien files a bona fide application for adjustment of
status under this section and ending on the date on which the
Secretary of Homeland Security makes a final administrative
decision regarding such application, an applicant included in
such application who remains in compliance with all application
requirements may not be--
(A) removed from the United States unless the
Secretary of Homeland Security makes a prima facie
determination that the alien is, or has become,
ineligible for adjustment of status under this section;
(B) considered unlawfully present under section
212(a)(9)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)); or
(C) considered an unauthorized alien (as defined in
section 274A(h)(3) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)(3))) if the alien has applied
for and has been issued an employment authorization
document.
(2) Effect on other applications.--Notwithstanding any
other provision of law, in the interest of efficiency, the
Secretary of Homeland Security may pause consideration of any
other application for immigration benefits pending adjudication
so as to prioritize an application for adjustment of status
pursuant to this Act.
(m) Eligibility for Benefits.--
(1) In general.--Notwithstanding any other provision of
law--
(A) an individual described in subsection (a) of
section 2502 of the Afghanistan Supplemental
Appropriations Act, 2022 (8 U.S.C. 1101 note, Public
Law 117-43) shall retain his or her eligibility for the
benefits and services described in subsection (b) of
such section if the individual has a pending
application under this section or is granted adjustment
of status under this section; and
(B) such benefits and services shall remain
available to the individual to the same extent and for
the same periods of time as such benefits and services
are otherwise available to refugees who acquire such
status.
(2) Exception from five-year limited eligibility for means-
tested public benefits.-- Section 403(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1613(b)(1)) is amended by adding at the end the
following:
``(F) An alien who status is adjusted to that of an
alien lawfully admitted for permanent residence under
section 6 of the Afghan Adjustment Act.''.
(n) Parents and Legal Guardians of Unaccompanied Children.--A
parent or legal guardian of an eligible individual shall be eligible
for adjustment of status under this section if--
(1) the eligible individual was under 18 years of age on
the date on which the eligible individual was admitted or
paroled into the United States; and
(2) such parent or legal guardian was paroled into or
admitted to the United States after the date referred to in
paragraph (1).
(o) Exemption From Numerical Limitations.--
(1) In general.--Aliens granted adjustment of status under
this section shall not be subject to the numerical limitations
under sections 201, 202, and 203 of the Immigration and
Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(2) Spouse and children beneficiaries.--A spouse or child
who is the beneficiary of an immigrant petition under section
204 of the Immigration and Nationality Act (8 U.S.C. 1154)
filed by an alien who has been granted adjustment of status
under this section, seeking classification of the spouse or
child under section 203(a)(2)(A) of that Act (8 U.S.C.
1153(a)(2)(A)) shall not be subject to the numerical
limitations under sections 201, 202, and 203 of the Immigration
and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(p) Notification of Eligible Individuals.--The Secretary of
Homeland Security shall make reasonable efforts to notify eligible
individuals, including eligible individuals who independently departed
United States Government facilities, with respect to--
(1) the requirements for applying to adjust status under
this section;
(2) the deadline for submitting an application; and
(3) the consequences under subsection (g) for failing to
apply for adjustment of status.
(q) Reporting Requirements.--
(1) Report and consultation on vetting requirements.--
(A) Initial congressional consultation on
vetting.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland
Security and the Secretary of Defense shall jointly
inform and consult with the appropriate committees of
Congress, in a classified or unclassified setting, with
respect to the vetting requirements for applicants
seeking adjustment of status under this section,
including the nature of the interview and biometric and
biographical screening processes required for such
applicants and the amount of time needed by the
agencies to set up the procedures and database required
by this section.
(B) Second congressional consultation on vetting.--
Not later than the earlier of the date that is 180 days
after the date of the enactment of this Act or the date
on which the Secretary of Homeland Security begins
accepting applications for adjustment of status under
this Act, the Secretary shall provide to the
appropriate committees of Congress with a second
consultation on--
(i) the status of the vetting under this
section, including the steps the Secretary has
taken to respond to feedback provided during
the initial consultation under subparagraph
(A); and
(ii) the progress of the Secretary toward
fully setting up the procedures and database
required by this section.
(2) Briefing.--
(A) In general.--Not later than 1 year after the
application deadline under subsection (f)(1)(A), the
Secretary of Homeland Security shall provide the
appropriate committees of Congress with a briefing on
the status of the vetting under this section of
eligible individuals, including a plan for addressing
any identified security concerns.
(B) Element.--The briefing required by subparagraph
(A) shall include information on individuals who are
eligible for adjustment of status under this section
but did not--
(i) submit an application for adjustment of
status under this section; or
(ii) meet the requirements of subsection
(f)(2).
(3) Information request by member of congress.--Upon
request by a Member of Congress on behalf of an applicant or by
any of the appropriate committees of Congress, the Secretary of
Homeland Security shall provide, in a classified or an
unclassified setting, as appropriate, the basis for an exercise
of discretion under subsection (b)(2) that resulted in the
denial of an application for adjustment of status.
(r) Rule of Construction.--Nothing in this section may be construed
to preclude an eligible individual from applying for or receiving any
immigration benefit to which the eligible individual is otherwise
entitled.
(s) Authorization for Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security $20,000,000 for each
of the fiscal years 2023 through 2027 to carry out this section.
SEC. 7. NEW CATEGORY OF SPECIAL IMMIGRANT VISAS FOR AT-RISK AFGHAN
ALLIES AND RELATIVES OF CERTAIN MEMBERS OF THE ARMED
FORCES.
(a) At-Risk Afghan Allies.--
(1) In general.--The Secretary of Homeland Security, or,
notwithstanding any other provision of law, the Secretary of
State may provide an alien described in paragraph (2) (and the
spouse and children of the alien if accompanying or following
to join the alien) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)) if--
(A) the alien or an agent acting on behalf of the
alien submits a request for a recommendation under
paragraph (3);
(B) the alien is otherwise admissible to the United
States and eligible for lawful permanent residence
(excluding the grounds of inadmissibility under section
212(a)(4) of such Act (8 U.S.C. 1182(a)(4))); and
(C) with respect to the alien, the Secretary of
Defense has made a positive recommendation under
paragraph (3).
(2) Alien described.--
(A) In general.--An alien described in this
paragraph is an alien who--
(i) is a citizen or national of
Afghanistan;
(ii) was--
(I) a member of--
(aa) the special operations
forces of the Afghanistan
National Defense and Security
Forces;
(bb) the Afghanistan
National Army Special
Operations Command;
(cc) the Afghan Air Force;
or
(dd) the Special Mission
Wing of Afghanistan;
(II) a female member of any other
entity of the Afghanistan National
Defense and Security Forces,
including--
(aa) a cadet or instructor
at the Afghanistan National
Defense University; and
(bb) a civilian employee of
the Ministry of Defense or the
Ministry of Interior Affairs;
(III) an individual associated with
former Afghan military and police human
intelligence activities, including
operators and Department of Defense
sources;
(IV) an individual associated with
former Afghan military
counterintelligence;
(V) an individual associated with
the former Afghan Ministry of Defense
who was involved in the prosecution and
detention of combatants; or
(VI) a senior military officer,
senior enlisted personnel, or civilian
official who served on the staff of the
former Ministry of Defense or the
former Ministry of Interior Affairs of
Afghanistan;
(iii) provided service to an entity or
organization described in clause (ii) for not
less than 1 year during the period beginning on
December 22, 2001, and ending on September 1,
2021, and did so in support of the United
States mission in Afghanistan; and
(iv) is recommended positively by the
Secretary of Defense to the Secretary of State
or the Secretary of Homeland Security, based on
a consideration of the information described in
paragraph (3)(A)(ii).
(B) Inclusions.--For purposes of eligibility under
this paragraph, the Afghanistan National Defense and
Security Forces includes members of the security forces
under the Ministry of Defense and the Ministry of
Interior Affairs of the Islamic Republic of
Afghanistan, including the Afghanistan National Army,
the Afghan Air Force, the Afghanistan National Police,
and any other entity designated by the Secretary of
Defense as part of the Afghanistan National Defense and
Security Forces during the relevant period of service
of the applicant concerned.
(3) Department of defense recommendation.--
(A) In general.--With respect to each principal
applicant under this section, as soon as practicable
after receiving a request for a recommendation, the
Secretary of Defense shall--
(i) review--
(I)(aa) the service record of the
principal applicant, if available; or
(bb) if the principal applicant
provides a service record, any
information that helps verify the
service record concerned; and
(II) the data holdings of the
Department of Defense and other
cooperating interagency partners,
including biographic and biometric
records, iris scans, fingerprints,
voice biometric information, hand
geometry biometrics, other identifiable
information, and any other information
related to the applicant, including
relevant derogatory information;
(ii) submit a positive or negative
recommendation to the Secretary of State or the
Secretary of Homeland Security as to whether
the principal applicant meets the requirements
under paragraph (2) without significant
derogatory information; and
(iii) submit with such recommendation--
(I)(aa) any service record
concerned, if available; or
(bb) if the principal applicant
provides a service record, any
information that helps verify the
service record concerned; and
(II) any biometrics for the
principal applicant that have been
collected by the Department of Defense.
(B) Effect of no available service records.--If no
service records are available for a principal
applicant, the Secretary of Defense may review any
referral from a former or current official of the
Department of Defense who has knowledge of the
principal applicant's service as described in paragraph
(2)(A)(ii).
(C) Personnel to support recommendations.--Any
limitation in law on the number of personnel within the
Office of the Secretary of Defense, the military
departments, or the defense agencies shall not apply to
personnel employed for the primary purpose of carrying
out this paragraph.
(D) Review process for negative department of
defense recommendation.--
(i) In general.--An applicant who has a
negative recommendation from the Department of
Defense, as described in subparagraph (A)(ii),
or with derogatory information shall--
(I) receive a written notice of
negative recommendation from the
Secretary of Defense that provides, to
the maximum extent practicable,
information describing the basis for
the negative recommendation, including
the facts and inferences, or
evidentiary gaps, underlying the
individual determination; and
(II) be provided not more than 1
written appeal to the Secretary of
Defense for each such negative
recommendation.
(ii) Deadline for appeal.--An appeal under
subclause (II) of clause (i) shall be submitted
not more than 120 days after the date on which
the applicant concerned receives a decision
under subclause (I) of that clause, or
thereafter at the discretion of the Secretary
of Defense or the Secretary of Homeland
Security.
(iii) Request to reopen.--
(I) In general.--An applicant who
receives a negative recommendation
under clause (i) may submit a request
for a Department of Defense
recommendation so that the applicant
may provide additional information,
clarify existing information, or
explain any unfavorable information.
(II) Limitation.--After considering
1 such request to reopen from an
applicant, the Secretary of Defense may
deny subsequent requests to reopen
submitted by the same applicant.
(b) Special Immigrant Visas for Certain Relatives of Certain
Members of the Armed Forces.--Section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
(1) in subparagraph (L)(iii), by adding a semicolon at the
end;
(2) in subparagraph (M), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(N) a citizen or national of Afghanistan who is
the parent or brother or sister of--
``(i) a member of the armed forces (as
defined in section 101(a) of title 10, United
States Code); or
``(ii) a veteran (as defined in section 101
of title 38, United States Code).''.
(c) General Provisions.--
(1) Prohibition on fees.--The Secretary of Homeland
Security, the Secretary of Defense, or the Secretary of State
may not charge any fee in connection with an application for,
or issuance of, a special immigrant visa or special immigrant
status under--
(A) this section or an amendment made by this
section;
(B) section 602 of the Afghan Allies Protection Act
of 2009 ( 8 U.S.C. 1101 note; Public Law 111-8); or
(C) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163).
(2) Representation.--An alien applying for admission to the
United States under this section, or an amendment made by this
section, may be represented during the application process,
including at relevant interviews and examinations, by an
attorney or other accredited representative. Such
representation shall not be at the expense of the United States
Government.
(3) Numerical limitations.--
(A) In general.--Subject to subparagraph (C), the
total number of principal aliens who may be provided
special immigrant visas under this section may not
exceed 11,500 each fiscal year.
(B) Carryover.--If the numerical limitation
specified in subparagraph (A) is not reached during a
given fiscal year, the numerical limitation specified
in such subparagraph for the following fiscal year
shall be increased by a number equal to the difference
between--
(i) the numerical limitation specified in
subparagraph (A) for the given fiscal year; and
(ii) the number of principal aliens
provided special immigrant visas under this
section during the given fiscal year.
(C) Maximum number of visas.--The total number of
principal aliens who may be provided special immigrant
visas under this section shall not exceed 34,500.
(D) Duration of authority.--The authority to issue
visas under this section shall--
(i) commence on the date of the enactment
of this Act; and
(ii) terminate on the date on which all
such visas are exhausted.
(4) Exclusion from numerical limitations.--Aliens provided
special immigrant visas under this section, or an amendment
made by this section, shall not be counted against any
numerical limitation under sections 201(d), 202(a), or
203(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1151(d), 1152(a), and 1153(b)(4)) or section 602 of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law
111-8).
(5) Order of consideration.--Immigrant visas shall be made
available under this section to eligible immigrants in the
order in which the Secretary of Defense has issued a
recommendation under subsection (a)(3), subject to the
requirements of the adjudication process.
(6) Protection of aliens.--The Secretary of State, in
consultation with the heads of other appropriate Federal
agencies, shall make a reasonable effort to provide an alien
who is seeking status as a special immigrant under this
section, or an amendment made by this section, protection or to
immediately remove such alien from Afghanistan, if possible.
(7) Other eligibility for immigrant status.--No alien shall
be denied the opportunity to apply for admission under this
section, or an amendment made by this section, solely because
the alien qualifies as an immediate relative or is eligible for
any other immigrant classification.
(8) Resettlement support.--A citizen or national of
Afghanistan who is admitted to the United States as a special
immigrant under this section or an amendment made by this
section shall be eligible for resettlement assistance,
entitlement programs, and other benefits available to refugees
admitted under section 207 of such Act (8 U.S.C. 1157) to the
same extent, and for the same periods of time, as such
refugees.
(9) Adjustment of status.--Notwithstanding paragraph (2),
(7), or (8) of subsection (c) of section 245 of the Immigration
and Nationality Act (8 U.S.C. 1255), the Secretary of Homeland
Security may adjust the status of an alien described in
subparagraph (N) of section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) or subsection (a)(2) of
this section to that of an alien lawfully admitted for
permanent residence under subsection (a) of such section 245 if
the alien--
(A) was paroled or admitted as a nonimmigrant into
the United States; and
(B) is otherwise eligible for status as a special
immigrant under--
(i) this section; or
(ii) the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(10) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security, the
Secretary of State, the Secretary of Defense, and the Secretary
of Health and Human Services such sums as are necessary for
each of the fiscal years 2023 through 2033 to carry out this
section and the amendments made by this section.
SEC. 8. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE UNITED STATES.
Notwithstanding any other provision of law, during Operation Allies
Welcome, Enduring Welcome, and any successor operation, the Secretary
of Homeland Security and the Secretary of State may waive any fee or
surcharge or exempt individuals from the payment of any fee or
surcharge collected by the Department of Homeland Security and the
Department of State, respectively, in connection with a petition or
application for, or issuance of, an immigrant visa to a national of
Afghanistan under section 201(b)(2)(A)(i) or 203(a) of the Immigration
and Nationality Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a),
respectively.
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the remaining provisions
of this Act to any person or circumstance, shall not be affected.
SEC. 10. DATE LIMITATION.
The Secretary of Homeland Security may not grant an application for
adjustment of status under section 6 or an application for special
immigrant status under section 7, or an amendment made by section 7,
before the Secretary has implemented the vetting procedures required by
this Act, and in no event before January 1, 2024.
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