[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5118 Introduced in Senate (IS)]

<DOC>






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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