S.Amdt. 5465

1. Adds SEC. 1222. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS at the end of subtitle C of title XII

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (2) the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives.

   Inserted: SEC. 1222. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.

   Inserted: (a) In General.--Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in paragraph (1), (2), or (3) of subsection (b) 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 the alien-- (1) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));

   Inserted: (2) is otherwise eligible to receive an immigrant visa;

   Inserted: (3) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); and

   Inserted: (4) clears a background check and appropriate screening, as determined by the Secretary of Homeland Security.

   Inserted: (b) Aliens Described.--

   Inserted: (1) Principal aliens.--An alien is described in this paragraph if the alien--

   Inserted: (A) is a citizen or national of Afghanistan;

   Inserted: (B) was or is employed by or on behalf of the United States Government in Afghanistan on or after October 7, 2001, for not less than one year;

   Inserted: (C) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to paragraph (4), from the employee's senior supervisor or the person currently occupying that position, or a more senior person, if the employee's senior supervisor has left the employer or has left Afghanistan; and

   Inserted: (D) has experienced or is experiencing an ongoing serious threat as a consequence of the alien's employment by the United States Government.

   Inserted: (2) Spouses and children.--An alien is described in this paragraph if the alien--

   Show 30 more inserted paragraphsShow less

   Inserted: (A) is the spouse or child of a principal alien described in paragraph (1); and

   Inserted: (B) is accompanying or following to join the principal alien in the United States.

   Inserted: (3) Treatment of surviving spouse or child.--An alien is described in this paragraph if the alien--

   Inserted: (A) was the spouse or child of a principal alien described in paragraph (1) who had a petition for classification approved pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note), which included the alien as an accompanying spouse or child; and

   Inserted: (B) due to the death of the principal alien--

   Inserted: (i) such petition was revoked or terminate (or otherwise rendered null); and

   Inserted: (ii) such petition would have been approved if the principal alien had survived.

   Inserted: (4) Approval by chief of mission required.--A recommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from the Chief of Mission, or the designee of the Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section.

   Inserted: (c) Numerical Limitations.--

   Inserted: (1) In general.--Except as provided in paragraph (3), the total number of principal aliens who may be provided special immigrant status under this section may not exceed 1500 per year for each fiscal year 2009, 2010, 2011, 2012, or 2013.

   Inserted: (2) Exclusion from numerical limitations.--Aliens provided special immigrant status under 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)).

   Inserted: (3) Carry forward.--

   Inserted: (A) Fiscal years 2009 through 2013.--If the numerical limitation specified in paragraph (1) is not reached during a given fiscal year referred to in such paragraph, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such paragraph for the following fiscal year shall be increased by a number equal to the difference between--

   Inserted: (i) the numerical limitation specified in paragraph (1) for the given fiscal year; and

   Inserted: (ii) the number of principal aliens provided special immigrant status under this section during the given fiscal year.

   Inserted: (B) Fiscal year 2014.--If the numerical limitation determined under subparagraph (A) is not reached in fiscal year 2013, the total number of principal aliens who may be provided special immigrant status under this section for fiscal year 2014 shall be equal to the difference between--

   Inserted: (i) the numerical limitation determined under subparagraph (A) for fiscal year 2013; and

   Inserted: (ii) the number of principal aliens provided such status under this section during fiscal year 2013.

   Inserted: (d) Visa and Passport Issuance and Fees.--Neither the Secretary of State nor the Secretary of Homeland Security may charge an alien described in paragraph (1), (2), or (3) of subsection (b) any fee in connection with an application for, or issuance of, a special immigrant visa. The Secretary of State shall make a reasonable effort to ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Afghan passport necessary to enter the United States.

   Inserted: (e) Protection of Aliens.--The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Afghanistan, if possible, of such alien if the Secretary determines after consultation that such alien is in imminent danger.

   Inserted: (f) Eligibility for Admission Under Other Classification.--No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification.

   Inserted: (g) Resettlement Support.--Afghan aliens granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 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) for a period not to exceed 8 months.

   Inserted: (h) Adjustment of Status.--Notwithstanding paragraphs (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 subsection (b) to that of an alien lawfully admitted for permanent residence under subsection (a) of such section 245 if the alien--

   Inserted: (1) was paroled or admitted as a nonimmigrant into the United States; and

   Inserted: (2) is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)).

   Inserted: (i) Rule of Construction.--Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note).

   Inserted: (j) Report.--

   Inserted: (1) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this section.

   Inserted: (2) Content.--The report required by paragraph (1) shall address steps taken, and additional administrative measures that may be needed, to ensure program integrity and national security.

   Inserted: (3) Administrative measures.--The Secretary of State and the Secretary of Homeland Security shall implement such additional administrative measures identified in the report as the they may deem necessary and appropriate to ensure program integrity and national security.

   Original wording

   At the end of subtitle C of title XII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed