[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2324 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2324

   To provide support for nationals of Afghanistan who supported the 
   United States mission in Afghanistan and adjustment of status for 
eligible individuals, to support at-risk Afghan allies and relatives of 
certain members of the Armed Forces, and to amend section 212(d)(5) of 
 the Immigration and Nationality Act to reform the parole process, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

  Mr. Cotton (for himself, Mr. Graham, Mr. Tillis, and Mr. Grassley) 
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 and adjustment of status for 
eligible individuals, to support at-risk Afghan allies and relatives of 
certain members of the Armed Forces, and to amend section 212(d)(5) of 
 the Immigration and Nationality Act to reform the parole process, 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 ``Ensuring American Security and 
Protecting Afghan Allies 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 6 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. 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. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE INDIVIDUALS.

    (a) Definitions.--In this section:
            (1) Conditional permanent resident status.--The term 
        ``conditional permanent resident status'' means conditional 
        permanent resident status under section 216 of the Immigration 
        and Nationality Act (8 U.S.C. 1186a-b), subject to the 
        provisions of this section.
            (2) Eligible individual.--The term ``eligible individual'' 
        means an alien who--
                    (A) is present in the United States;
                    (B) 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;
                    (C) has not been granted permanent resident status; 
                and
                    (D)(i) was inspected and admitted to the United 
                States on or before the date of the enactment of this 
                Act; or
                    (ii) 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.
    (b) Conditional Permanent Resident Status for Eligible 
Individuals.--
            (1) Adjustment of status to conditional permanent resident 
        status.--Immediately on the date of the enactment of this Act, 
        the Secretary of Homeland Security shall--
                    (A) adjust the status of each eligible individual 
                to that of conditional permanent resident status; and
                    (B) create for each eligible individual a record of 
                admission to such status as of the date on which the 
                eligible individual was initially inspected and 
                admitted or paroled into the United States.
            (2) Removal of conditions.--
                    (A) In general.--Not later than the date described 
                in subparagraph (B), the Secretary of Homeland Security 
                shall remove the conditions on the permanent resident 
                status of an eligible individual if the Secretary has 
                determined that--
                            (i) subject to subparagraph (C), the 
                        eligible individual is not subject to any 
                        ground of inadmissibility under section 212 of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1182); and
                            (ii) the eligible individual is not the 
                        subject of significant derogatory information, 
                        such as a conviction of a felony or any other 
                        information indicating that the eligible 
                        individual poses a national security concern.
                    (B) Date described.--The date described in this 
                subparagraph is the earlier of--
                            (i) the date that is 4 years after the date 
                        on which an eligible individual was admitted or 
                        paroled into the United States; or
                            (ii) July 1, 2027.
                    (C) Waiver.--
                            (i) In general.--Except as provided in 
                        clause (ii), with respect to an eligible 
                        individual, the Secretary of Homeland Security 
                        may waive the application of the grounds of 
                        inadmissibility under section 212(a) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1182(a)) for humanitarian purposes or to ensure 
                        family unity.
                            (ii) Exceptions.--The Secretary of Homeland 
                        Security may not waive under clause (i) the 
                        application of subparagraphs (C) through (H) of 
                        paragraph (2), or paragraph (3), of section 
                        212(a) of the Immigration and Nationality Act 
                        (8 U.S.C. 1182(a)).
            (3) Treatment of conditional resident period for purposes 
        of naturalization.--An eligible individual in conditional 
        resident status shall be considered--
                    (A) to have been admitted to the United States as 
                an alien lawfully admitted for permanent residence; and
                    (B) to be present in the United States as an alien 
                lawfully admitted to the United States for permanent 
                residence.
    (c) Terms of Conditional Permanent Resident Status.--
            (1) Assessment.--
                    (A) In general.--Before removing the conditions on 
                the permanent resident status of an eligible individual 
                under subsection (b)(2), the Secretary of Homeland 
                Security shall conduct an assessment with respect to 
                the eligible individual, which shall be equivalent in 
                rigor to the assessment conducted with respect to 
                refugees admitted to the United States through the 
                United States Refugee Admissions Program, for the 
                purpose of determining whether the eligible individual 
                is subject to any ground of inadmissibility under 
                section 212 of the Immigration and Nationality Act (8 
                U.S.C. 1182) or any ground of deportability under 
                section 237 of that Act (8 U.S.C. 1227).
                    (B) Consultation.--In conducting an assessment 
                under subparagraph (A), the Secretary of Homeland 
                Security may consult with the head of any other 
                relevant agency and review the holdings of any such 
                agency.
            (2) Periodic nonadversarial meetings.--
                    (A) In general.--Not later than 180 days after the 
                date on which the status of an eligible individual is 
                adjusted to conditional permanent resident status, and 
                periodically thereafter, the eligible individual shall 
                participate in a nonadversarial meeting with an 
                official of the Office of Refugee Resettlement, during 
                which such official shall--
                            (i) on request by the eligible individual, 
                        assist the eligible individual in applying for 
                        any applicable immigration benefit and 
                        completing any applicable immigration-related 
                        paperwork; and
                            (ii) answer any questions regarding 
                        eligibility for other benefits.
                    (B) Notification of requirements.--Not later than 7 
                days before the date on which a meeting under 
                subparagraph (A) is scheduled to occur, the Secretary 
                of Health and Human Services shall provide notice to 
                the eligible individual that includes the date of the 
                scheduled meeting and a description of the process for 
                rescheduling the meeting.
                    (C) Conduct of meeting.--The Secretary of Health 
                and Human Services shall implement practices to ensure 
                that--
                            (i) meetings under subparagraph (A) are 
                        conducted in a nonadversarial manner; and
                            (ii) interpretation and translation 
                        services are provided to eligible individuals 
                        with limited English proficiency.
                    (D) Rule of construction.--Nothing in this section 
                shall be construed to prevent an eligible individual 
                from electing to have counsel present during a meeting 
                under subparagraph (A).
            (3) Eligibility for benefits.--Except with respect to an 
        application for naturalization, an eligible individual in 
        conditional permanent resident status shall be considered to be 
        an alien lawfully admitted for permanent residence for purposes 
        of the adjudication of an application or petition for a benefit 
        or the receipt of a benefit.
            (4) Notification of requirements.--Not later than 90 days 
        after the date on which the status of an eligible individual is 
        adjusted to that of conditional permanent resident status, the 
        Secretary of Homeland Security shall provide notice to the 
        eligible individual with respect to the provisions of--
                    (A) this section;
                    (B) paragraph (1) (relating to the conduct of 
                assessments); and
                    (C) paragraph (2) (relating to periodic 
                nonadversarial meetings).
    (d) Application for Naturalization.--The Secretary of Homeland 
Security shall establish procedures by which an eligible individual may 
be considered for naturalization concurrently with the removal of the 
conditions on his or her permanent resident status under subsection 
(b)(2).
    (e) Guidance.--
            (1) Interim guidance.--
                    (A) In general.--Not later than 60 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 180 days 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.
    (f) Asylum Claims.--With respect to the adjudication of an 
application for asylum submitted by an eligible individual, section 
2502(c) of the Extending Government Funding and Delivering Emergency 
Assistance Act (8 U.S.C. 1101 note; Public Law 117-43) shall not apply.
    (g) Prohibition on Fees.--The Secretary of Homeland Security may 
not charge a fee to any eligible individual in connection with the 
initial issuance under this section of--
            (1) a document evidencing status as an alien lawfully 
        admitted for permanent residence; or
            (2) an employment authorization document.
    (h) 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, 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 4 of the Ensuring American Security and 
                Protecting Afghan Allies Act.''.
    (i) 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.
    (j) Authorization for Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security $20,000,000 for each 
of the fiscal years 2024 through 2028 to carry out this section.

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 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 (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 3 years after the date of the 
        enactment of this Act.

SEC. 6. SUPPORTING AT-RISK AFGHAN ALLIES AND RELATIVES OF CERTAIN 
              MEMBERS OF THE ARMED FORCES.

    (a) Designation of At-Risk Afghan Allies as Priority 2 Refugees.--
            (1) Definition of at-risk afghan ally.--
                    (A) In general.--In this subsection, the term ``at-
                risk Afghan ally'' means 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; and
                            (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.
                    (B) Inclusions.--For purposes of 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.
            (2) Designation.--The Secretary of State, in consultation 
        with the Secretary of Homeland Security, shall designate, as 
        Priority 2 refugees of special humanitarian concern, at-risk 
        Afghan allies.
            (3) At-risk afghan allies referral program.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary of 
                Defense shall establish a process by which an 
                individual may apply to the Secretary for 
                classification as an at-risk Afghan ally and request a 
                referral to the United States Refugee Admissions 
                Program as a Priority 2 refugee.
                    (B) Application system.--The process established 
                under subparagraph (A) shall--
                            (i) include the development and maintenance 
                        of a secure online portal through which 
                        applicants may provide information verifying 
                        their status as at-risk Afghan allies and 
                        upload supporting documentation; and
                            (ii) allow--
                                    (I) an applicant to submit his or 
                                her own application; and
                                    (II) a designee of an applicant to 
                                submit an application on behalf of the 
                                applicant.
                    (C) Review process.--As soon as practicable after 
                receiving a request for classification and referral 
                described in subparagraph (A), the Secretary of Defense 
                shall--
                            (i) review--
                                    (I) the service record of the 
                                applicant, if available;
                                    (II) if the applicant provides a 
                                service record or other supporting 
                                documentation, any information that 
                                helps verify the service record 
                                concerned, including information or an 
                                attestation provided by any current or 
                                former official of the Department of 
                                Defense who has personal knowledge of 
                                the eligibility of the applicant for 
                                such classification and referral; and
                                    (III) 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; and
                            (ii)(I) in a case in which the Secretary of 
                        Defense determines that the applicant is an at-
                        risk Afghan ally, refer the at-risk Afghan ally 
                        to the United States Refugee Admissions Program 
                        as a Priority 2 refugee; and
                            (II) include with such referral any 
                        significant derogatory information regarding 
                        the at-risk Afghan ally.
                    (D) Personnel to support recommendations.--Any 
                limitation in law with respect to 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.
                    (E) Review process for denial of request for 
                referral.--
                            (i) In general.--In the case of an 
                        applicant with respect to whom the Secretary of 
                        Defense denies a request for classification and 
                        referral based on a determination that the 
                        applicant is not an at-risk Afghan ally or 
                        based on derogatory information--
                                    (I) the Secretary shall provide the 
                                applicant with a written notice of the 
                                denial that provides, to the maximum 
                                extent practicable, a description of 
                                the basis for the denial, including the 
                                facts and inferences, or evidentiary 
                                gaps, underlying the individual 
                                determination; and
                                    (II) the applicant shall be 
                                provided an opportunity to submit not 
                                more than 1 written appeal to the 
                                Secretary for each such denial.
                            (ii) Deadline for appeal.--An appeal under 
                        subclause (II) of clause (i) shall be 
                        submitted--
                                    (I) not more than 120 days after 
                                the date on which the applicant 
                                concerned receives notice under 
                                subclause (I) of that clause; or
                                    (II) on any date thereafter, at the 
                                discretion of the Secretary of Defense.
                            (iii) Request to reopen.--
                                    (I) In general.--An applicant who 
                                receives a denial under clause (i) may 
                                submit a request to reopen a request 
                                for classification and referral under 
                                the process established under 
                                subparagraph (A) 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 a request for a 
        classification and referral as a refugee or 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 2,500 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 
                aliens who may be provided special immigrant visas 
                under this section shall not exceed 10,000.
                    (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) Protection of aliens.--The Secretary of State, in 
        consultation with the head of any other appropriate Federal 
        agency, shall make a reasonable effort to provide an alien who 
        is seeking status as a special immigrant or requesting 
        classification and referral as a refugee under this section, or 
        an amendment made by this section, protection or to immediately 
        remove such alien from Afghanistan, if possible.
            (5) 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.
            (6) 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.
            (7) Adjustment of status for special immigrants in certain 
        circumstances.--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--
                            (i) paroled into the United States during 
                        the period beginning on July 30, 2021, and 
                        ending on the date of enactment of this Act, 
                        provided that such parole has not been 
                        terminated by the Secretary of Homeland 
                        Security upon written notice; or
                            (ii) 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.).
            (8) 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 2024 through 2034 to carry out this 
        section and the amendments made by this section.

SEC. 7. 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. 8. PAROLE REFORM.

    (a) In General.--Section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as follows:
    ``(5)(A) Except as provided in subparagraphs (B) and (C) and 
section 214(f), the Secretary of Homeland Security, in the discretion 
of the Secretary, may temporarily parole into the United States any 
alien applying for admission to the United States who is not present in 
the United States, under such conditions as the Secretary may 
prescribe, on a case-by-case basis, and not according to eligibility 
criteria describing an entire class of potential parole recipients, for 
urgent humanitarian reasons or significant public benefit. Parole 
granted under this subparagraph may not be regarded as an admission of 
the alien. When the purposes of such parole have been served in the 
opinion of the Secretary, the alien shall immediately return or be 
returned to the custody from which the alien was paroled. After such 
return, the case of the alien shall be dealt with in the same manner as 
the case of any other applicant for admission to the United States.
    ``(B) The Secretary of Homeland Security may grant parole to any 
alien who--
            ``(i) is present in the United States without lawful 
        immigration status;
            ``(ii) is the beneficiary of an approved petition under 
        section 203(a);
            ``(iii) is not otherwise inadmissible or removable; and
            ``(iv) is the spouse or child of a member of the Armed 
        Forces serving on active duty.
    ``(C) The Secretary of Homeland Security may grant parole to any 
alien--
            ``(i) who is a national of the Republic of Cuba and is 
        living in the Republic of Cuba;
            ``(ii) who is the beneficiary of an approved petition under 
        section 203(a);
            ``(iii) for whom an immigrant visa is not immediately 
        available;
            ``(iv) who meets all eligibility requirements for an 
        immigrant visa;
            ``(v) who is not otherwise inadmissible; and
            ``(vi) who is receiving a grant of parole in furtherance of 
        the commitment of the United States to the minimum level of 
        annual legal migration of Cuban nationals to the United States 
        specified in the U.S.-Cuba Joint Communique on Migration, done 
        at New York September 9, 1994, and reaffirmed in the Cuba-
        United States: Joint Statement on Normalization of Migration, 
        Building on the Agreement of September 9, 1994, done at New 
        York May 2, 1995.
    ``(D) For purposes of determining an alien's eligibility for parole 
under subparagraph (A), an urgent humanitarian reason shall be limited 
to circumstances in which the alien establishes that--
            ``(i)(I) the alien has a medical emergency; and
            ``(II)(aa) the alien cannot obtain necessary treatment in 
        the foreign state in which the alien is residing; or
            ``(bb) the medical emergency is life-threatening and there 
        is insufficient time for the alien to be admitted through the 
        normal visa process;
            ``(ii) the alien is the parent or legal guardian of an 
        alien described in clause (i) and the alien described in clause 
        (i) is a minor;
            ``(iii) the alien is needed in the United States in order 
        to donate an organ or other tissue for transplant and there is 
        insufficient time for the alien to be admitted through the 
        normal visa process;
            ``(iv) the alien has a close family member in the United 
        States whose death is imminent and the alien could not arrive 
        in the United States in time to see such family member alive if 
        the alien were to be admitted through the normal visa process;
            ``(v) the alien is seeking to attend the funeral of a close 
        family member and the alien could not arrive in the United 
        States in time to attend such funeral if the alien were to be 
        admitted through the normal visa process;
            ``(vi) the alien is an adopted child with an urgent medical 
        condition who is in the legal custody of the petitioner for a 
        final adoption-related visa and whose medical treatment is 
        required before the expected award of a final adoption-related 
        visa; or
            ``(vii) the alien is a lawful applicant for adjustment of 
        status under section 245 and is returning to the United States 
        after temporary travel abroad.
    ``(E) For purposes of determining an alien's eligibility for parole 
under subparagraph (A), a significant public benefit may be determined 
to result from the parole of an alien only if--
            ``(i) the alien has assisted (or will assist, whether 
        knowingly or not) the United States Government in a law 
        enforcement matter;
            ``(ii) the alien's presence is required by the Government 
        in furtherance of such law enforcement matter; and
            ``(iii) the alien is inadmissible, does not satisfy the 
        eligibility requirements for admission as a nonimmigrant, or 
        there is insufficient time for the alien to be admitted through 
        the normal visa process.
    ``(F) For purposes of determining an alien's eligibility for parole 
under subparagraph (A), the term `case-by-case basis' means that the 
facts in each individual case are considered and parole is not granted 
based on membership in a defined class of aliens to be granted parole. 
The fact that aliens are considered for or granted parole one-by-one 
and not as a group is not sufficient to establish that the parole 
decision is made on a `case-by-case basis'.
    ``(G) The Secretary of Homeland Security may not use the parole 
authority under this paragraph to parole an alien into the United 
States for any reason or purpose other than those described in 
subparagraphs (B), (C), (D), and (E).
    ``(H) An alien granted parole may not accept employment, except 
that an alien granted parole pursuant to subparagraph (B) or (C) is 
authorized to accept employment for the duration of the parole, as 
evidenced by an employment authorization document issued by the 
Secretary of Homeland Security.
    ``(I) Parole granted after a departure from the United States shall 
not be regarded as an admission of the alien. An alien granted parole, 
whether as an initial grant of parole or parole upon reentry into the 
United States, is not eligible to adjust status to lawful permanent 
residence or for any other immigration benefit if the immigration 
status the alien had at the time of departure did not authorize the 
alien to adjust status or to be eligible for such benefit.
    ``(J)(i) Except as provided in clauses (ii) and (iii), parole shall 
be granted to an alien under this paragraph for the shorter of--
            ``(I) a period of sufficient length to accomplish the 
        activity described in subparagraph (D) or (E) for which the 
        alien was granted parole; or
            ``(II) 1 year.
    ``(ii) Grants of parole pursuant to subparagraph (A) may be 
extended once, in the discretion of the Secretary, for an additional 
period that is the shorter of--
            ``(I) the period that is necessary to accomplish the 
        activity described in subparagraph (D) or (E) for which the 
        alien was granted parole; or
            ``(II) 1 year.
    ``(iii) Aliens who have a pending application to adjust status to 
permanent residence under section 245 may request extensions of parole 
under this paragraph, in 1-year increments, until the application for 
adjustment has been adjudicated. Such parole shall terminate 
immediately upon the denial of such adjustment application.
    ``(K) Not later than 90 days after the last day of each fiscal 
year, the Secretary of Homeland Security shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives and make available to the public, a 
report--
            ``(i) identifying the total number of aliens paroled into 
        the United States under this paragraph during the previous 
        fiscal year; and
            ``(ii) containing information and data regarding all aliens 
        paroled during such fiscal year, including--
                    ``(I) the duration of parole;
                    ``(II) the type of parole; and
                    ``(III) the current status of the aliens so 
                paroled.''.
    (b) Implementation.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section shall take 
        effect on the date that is 30 days after the date of the 
        enactment of this Act.
            (2) Exceptions.--Notwithstanding paragraph (1)--
                    (A) any application for parole or advance parole 
                filed by an alien before the date of the enactment of 
                this Act shall be adjudicated under the law that was in 
                effect on the date on which the application was 
                properly filed and any approved advance parole shall 
                remain valid under the law that was in effect on the 
                date on which the advance parole was approved;
                    (B) section 212(d)(5)(I) of the Immigration and 
                Nationality Act, as added by subsection (a), shall take 
                effect on the date of the enactment of this Act; and
                    (C) aliens who were paroled into the United States 
                pursuant to section 212(d)(5)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(5)(A)) before January 
                1, 2023, shall continue to be subject to the terms of 
                parole that were in effect on the date on which their 
                respective parole was approved.
    (c) Cause of Action.--Any person, State, or local government that 
experiences financial harm in excess of $1,000 due to a failure of the 
Federal Government to lawfully apply the provisions of this section or 
the amendments made by this section shall have standing to bring a 
civil action against the Federal Government in an appropriate district 
court of the United States.

SEC. 9. 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.
                                 <all>