[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5118 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5118
To require the Commissioner of U.S. Customs and Border Protection to
identify and conduct recurrent vetting of evacuees from Afghanistan
found not to be properly vetted before entering the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2022
Mr. Scott of Florida (for himself and Mr. Braun) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To require the Commissioner of U.S. Customs and Border Protection to
identify and conduct recurrent vetting of evacuees from Afghanistan
found not to be properly vetted before entering the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AFGHAN VETTING AND ACCOUNTABILITY.
(a) Findings.--Congress makes the following findings:
(1) In the report entitled ``DHS Encountered Obstacles to
Screen, Vet, and Inspect All Evacuees during the Recent
Afghanistan Crisis'' issued on September 6, 2022, the Inspector
General of the Department of Homeland Security found that--
(A) the United States welcomed more than 79,000
Afghan evacuees between July 2021, and January 2022, as
part of Operation Allies Refuge and Operation Allies
Welcome; and
(B) the President directed the Secretary of
Homeland Security to lead the coordination across the
Federal Government to resettle vulnerable Afghans
arriving as part of Operation Allies Refuge and
Operation Allies Welcome.
(2) The Office of the Inspector General of the Department
of Homeland Security conducted an audit to determine the extent
to which the Department of Homeland Security screened, vetted,
and inspected evacuees arriving as part of Operation Allies
Refuge and Operation Allies Welcome.
(3) After meeting with more than 130 individuals from the
Department of Homeland Security, the Office of the Inspector
General of the Department of Homeland Security determined
that--
(A) the Department of Homeland Security encountered
obstacles to screening, vetting, and inspecting all
Afghan evacuees arriving as part of Operation Allies
Refuge and Operation Allies Welcome;
(B) U.S. Customs and Border Protection did not
always have critical data to properly screen, vet, or
inspect the evacuees;
(C) some information used to vet evacuees through
United States Government databases, such as name, date
of birth, identification number, and travel document
data, was inaccurate, incomplete, or missing; and
(D) U.S. Customs and Border Protection admitted or
paroled into the United States evacuees who were not
fully vetted.
(4) The Office of the Inspector General of the Department
of Homeland Security attributed the Department of Homeland
Security's challenges with respect to properly screening,
vetting, and inspecting such evacuees to not having--
(A) a list of evacuees from Afghanistan who were
unable to provide sufficient identification documents;
(B) a contingency plan to support similar emergency
situations; and
(C) standardized policies.
(5) As a result, the Department of Homeland Security may
have admitted or paroled individuals into the United States who
pose a risk to the national security of the United States and
the safety of local communities.
(b) Identification and Recurrent Vetting of Evacuees From
Afghanistan.--Not later than 30 days after the date of the enactment of
this Act, the Commissioner of U.S. Customs and Border Protection
shall--
(1) identify all evacuees from Afghanistan who--
(A) were paroled into the United States during the
period beginning on July 1, 2021, and ending on January
31, 2022, as part of Operation Allies Refuge or
Operation Allies Welcome; and
(B) remain in the United States;
(2) for each such evacuee, conduct a full screening and
vetting, including by consulting all law enforcement and
international terrorist screening databases, based on the
confirmed identity of the evacuee;
(3) prioritize the screening and vetting described in
paragraph (2) for such evacuees who did not have documentation
of their identity on arrival in the United States;
(4) establish recurrent and periodic vetting processes for
all such evacuees, including in-person interviews as necessary;
(5) ensure that such vetting processes are carried out for
each such evacuee for the duration of the authorized period of
parole of the evacuee; and
(6) provide to the Director of National Intelligence, the
Secretary of Defense, the Secretary of State, the Secretary of
Homeland Security, the Attorney General, and the law
enforcement agencies of the State and locality in which each
such evacuee is located evidence that the full screening and
vetting described in paragraph (2), and the recurrent and
periodic vetting processes described in paragraph (4), have
been carried out.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security and the
Inspector General of the Department of Homeland Security shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report on--
(1) the findings and results of the screening and vetting
carried out under subsection (b); and
(2) the number of evacuees who were ineligible for
admission to the United States and, for each such evacuee, the
specific reason the evacuee was found ineligible.
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