[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2327 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2327

   To provide support for nationals of Afghanistan who supported the 
  United States mission in Afghanistan, adequate vetting for parolees 
 from Afghanistan, adjustment of status for eligible individuals, and 
  special immigrant status for at-risk Afghan allies and relatives of 
      certain members of the Armed Forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

   Ms. Klobuchar (for herself, Mr. Graham, Mr. Coons, Mr. Moran, Mr. 
 Blumenthal, Ms. Murkowski, Mrs. Shaheen, Mr. Wicker, Mr. Tillis, and 
  Mr. Durbin) 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, adequate vetting for parolees 
 from Afghanistan, adjustment of status for eligible individuals, and 
  special immigrant status for at-risk Afghan allies and relatives of 
      certain members of the Armed Forces, 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 ``Afghan Adjustment 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 7 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. 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. 4. 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. 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 7 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 10 years after the date of the 
        enactment of this Act.

SEC. 6. 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)--
                            (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 Act.
    (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 6 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 Act, 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. 7. 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;
                                    (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 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. 8. 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. 9. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the remaining provisions 
of this Act to any person or circumstance, shall not be affected.

SEC. 10. DATE LIMITATION.

    The Secretary of Homeland Security may not grant an application for 
adjustment of status under section 6 or an application for special 
immigrant status under section 7, or an amendment made by section 7, 
before the Secretary has implemented the vetting procedures required by 
this Act, and in no event before January 1, 2024.
                                 <all>