S.Amdt. 6594Senate117th Congress (2021-2023)
S.Amdt. 6594
Sponsored by 
Sen. Amy Klobuchar (D-MN)
Sen. Amy Klobuchar (D-MN)Submitted December 21, 2022
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 6594. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, Ms.
Murkowski, Mr. Blumenthal, Mr. Graham, Mr. Blunt, Mr. Leahy, and Mrs.
Shaheen) submitted an amendment intended to be proposed by her to the
bill H.R. 2617, to amend section 1115 of title 31, United States Code,
to amend the description of how performance goals are achieved, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE I--AFGHAN ADJUSTMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Afghan Adjustment Act''.
SEC. 102. DEFINITIONS.
In this title:
(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 107 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. 103. 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. 104. 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. 105. 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 107 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
[[Page S10002]]
(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. 106. 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)--
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(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 title.
(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 106
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 title, 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. 107. 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;
[[Page S10004]]
(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
[[Page S10005]]
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. 108. 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. 109. SEVERABILITY.
If any provision of this title, or the application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this title, and the
application of the remaining provisions of this title to any
person or circumstance, shall not be affected.
SEC. 110. DATE LIMITATION.
The Secretary of Homeland Security may not grant an
application for adjustment of status under section 106 or an
application for special immigrant status under section 107,
or an amendment made by section 107, before the Secretary has
implemented the vetting procedures required by this title,
and in no event before January 1, 2024.
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Senate amendment submitted
December 21, 2022