[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10001-S10005]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6594. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, Ms. 
     Murkowski, Mr. Blumenthal, Mr. Graham, Mr. Blunt, Mr. Leahy, and Mrs. 
     Shaheen) submitted an amendment intended to be proposed by her to the 
     bill H.R. 2617, to amend section 1115 of title 31, United States Code, 
     to amend the description of how performance goals are achieved, and for 
     other purposes; which was ordered to lie on the table; as follows:
     
            At the appropriate place, insert the following:
     
                          TITLE I--AFGHAN ADJUSTMENT ACT
     
          SEC. 101. SHORT TITLE.
     
            This title may be cited as the ``Afghan Adjustment Act''.
     
          SEC. 102. DEFINITIONS.
     
            In this title:
            (1) Appropriate committees of congress.--The term 
          ``appropriate committees of Congress'' means--
            (A) the Committee on the Judiciary of the Senate;
            (B) the Committee on Foreign Relations of the Senate;
            (C) the Committee on Armed Services of the Senate;
            (D) the Committee on Appropriations of the Senate;
            (E) the Committee on the Judiciary of the House of 
          Representatives;
            (F) the Committee on Foreign Affairs of the House of 
          Representatives;
            (G) the Committee on Armed Services of the House of 
          Representatives; and
            (H) the Committee on Appropriations of the House of 
          Representatives.
            (2) Immigration laws.--The term ``immigration laws'' has 
          the meaning given such term in section 101(a)(17) of the 
          Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (3) Special immigrant status.--The term ``special immigrant 
          status'' means special immigrant status provided under--
            (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
          note; Public Law 111-8);
            (B) section 1059 of the National Defense Authorization Act 
          for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
          163); or
            (C) section 107 or an amendment made by such section.
            (4) Specified application.--The term ``specified 
          application'' means--
            (A) a pending, documentarily complete application for 
          special immigrant status; and
            (B) a case in processing in the United States Refugee 
          Admissions Program for an individual who has received a 
          Priority 1 or Priority 2 referral to such program.
            (5) United states refugee admissions program.--The term 
          ``United States Refugee Admissions Program'' means the 
          program to resettle refugees in the United States pursuant to 
          the authorities provided in sections 101(a)(42), 207, and 412 
          of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42), 
          1157, and 1522).
     
          SEC. 103. SENSE OF CONGRESS.
     
            It is the sense of Congress that--
            (1) nationals of Afghanistan residing outside the United 
          States who meet the requirements for admission to the United 
          States through a specified special immigrant visa application 
          have demonstrably aided the United States mission in 
          Afghanistan during the past 20 years; and
            (2) the United States should increase support for such 
          nationals of Afghanistan.
     
          SEC. 104. SUPPORT FOR AFGHAN ALLIES OUTSIDE OF THE UNITED 
                        STATES.
     
            (a) Response to Congressional Inquiries.--The Secretary of 
          State shall respond to inquiries by Members of Congress 
          regarding the status of a specified application submitted by, 
          or on behalf of, a national of Afghanistan, including any 
          information that has been provided to the applicant, in 
          accordance with section 222(f) of the Immigration and 
          Nationality Act (8 U.S.C. 1202(f)).
            (b) Office in Lieu of Embassy.--During the period in which 
          there is no operational United States embassy in Afghanistan, 
          the Secretary of State shall designate an appropriate office 
          within the Department of State--
            (1) to review specified applications submitted by nationals 
          of Afghanistan residing in Afghanistan, including by 
          conducting any required interviews;
            (2) to issue visas or other travel documents to such 
          nationals, in accordance with the immigration laws;
            (3) to provide services to such nationals, to the greatest 
          extent practicable, that would normally be provided by an 
          embassy; and
            (4) to carry out any other function that the Secretary 
          considers necessary.
     
          SEC. 105. INTERAGENCY TASK FORCE ON AFGHAN ALLY STRATEGY.
     
            (a) Establishment.--Not later than 180 days after the date 
          of the enactment of this Act, the President shall establish 
          an Interagency Task Force on Afghan Ally Strategy (referred 
          to in this section as the ``Task Force'')--
            (1) to develop and oversee the implementation of the 
          strategy and contingency plan described in subsection 
          (d)(1)(A); and
            (2) to submit the report, and provide a briefing on the 
          report, as described in subsection (d).
            (b) Membership.--
            (1) In general.--The Task Force shall include--
            (A) 1 or more representatives from each relevant Federal 
          agency, as designated by the head of the applicable relevant 
          Federal agency; and
            (B) any other Federal Government official designated by the 
          President.
            (2) Defined term.--In this subsection, the term ``relevant 
          Federal agency'' means--
            (A) the Department of State;
            (B) the Department Homeland Security;
            (C) the Department of Defense;
            (D) the Department of Health and Human Services;
            (E) the Federal Bureau of Investigation; and
            (F) the Office of the Director of National Intelligence.
            (c) Chair.--The Task Force shall be chaired by the 
          Secretary of State.
            (d) Duties.--
            (1) Report.--
            (A) In general.--Not later than 180 days after the date on 
          which the Task Force is established, the Task Force, acting 
          through the chair of the Task Force, shall submit a report to 
          the appropriate committees of Congress that includes--
            (i) a strategy for facilitating the resettlement of 
          nationals of Afghanistan outside the United States who, 
          during the period beginning on October 1, 2001, and ending on 
          September 1, 2021, directly and personally supported the 
          United States mission in Afghanistan, as determined by the 
          Secretary of State in consultation with the Secretary of 
          Defense; and
            (ii) a contingency plan for future emergency operations in 
          foreign countries involving foreign nationals who have worked 
          directly with the United States Government, including the 
          Armed Forces of the United States and United States 
          intelligence agencies.
            (B) Elements.--The report required under subparagraph (A) 
          shall include--
            (i) the total number of nationals of Afghanistan who have 
          pending specified applications, disaggregated by--
     
            (I) such nationals in Afghanistan and such nationals in a 
          third country;
            (II) type of specified application; and
            (III) applications that are documentarily complete and 
          applications that are not documentarily complete;
     
            (ii) an estimate of the number of nationals of Afghanistan 
          who may be eligible for special immigrant status under 
          section 107 or an amendment made by such section;
            (iii) with respect to the strategy required under 
          subparagraph (A)(i)--
     
            (I) the estimated number of nationals of Afghanistan 
          described in such subparagraph;
            (II) a description of the process for safely resettling 
          such nationals;
            (III) a plan for processing such nationals of Afghanistan 
          for admission to the United States, that--
     
            (aa) discusses the feasibility of remote processing for 
          such nationals of Afghanistan residing in Afghanistan;
            (bb) includes any strategy for facilitating refugee and 
          consular processing for such nationals of Afghanistan in 
          third countries, and the timelines for such processing;
            (cc) includes a plan for conducting rigorous and efficient 
          vetting of all such nationals of Afghanistan for processing;
            (dd) discusses the availability and capacity of sites in 
          third countries to process applications and conduct any 
          required vetting for such nationals of Afghanistan, including 
          the potential to establish additional sites; and
            (ee) includes a plan for providing updates and necessary 
          information to affected individuals and relevant 
          nongovernmental organizations;
     
            (IV) a description of considerations, including resource 
          constraints, security concerns, missing or inaccurate 
          information, and diplomatic considerations, that limit the 
          ability of the Secretary of State or the Secretary of 
          Homeland Security to increase the number of such nationals of 
          Afghanistan who can be safely processed or resettled;
            (V) an identification of any resource or additional 
          authority necessary to increase the number of such nationals 
          of Afghanistan who can be processed or resettled;
            (VI) an estimate of the cost to fully implement the 
          strategy; and
            (VII) any other matter the Task Force considers relevant to 
          the implementation of the strategy; and
     
            (iv) with respect to the contingency plan required by 
          subparagraph (A)(ii)--
     
            (I) a description of the standard practices for screening 
          and vetting foreign nationals considered to be eligible for 
          resettlement in the United States, including a strategy for 
          vetting, and maintaining the records of, such foreign 
          nationals who are unable to provide identification documents 
          or biographic details due to emergency circumstances;
            (II) a strategy for facilitating refugee or consular 
          processing for such foreign nationals in third countries;
            (III) clear guidance with respect to which Federal agency 
          has the authority and responsibility to coordinate Federal 
          resettlement efforts;
            (IV) a description of any resource or additional authority 
          necessary to coordinate Federal resettlement efforts, 
          including the need for a contingency fund; and
            (V) any other matter the Task Force considers relevant to 
          the implementation of the contingency plan.
     
            (C) Form.--The report required under subparagraph (A) shall 
          be submitted in unclassified form, but may include a 
          classified annex.
            (2) Briefing.--Not later than 60 days after submitting the 
          report required by paragraph
     
     [[Page S10002]]
     
          (1), the Task Force shall brief the appropriate committees of 
          Congress on the contents of the report.
            (e) Termination.--The Task Force shall remain in effect 
          until the earlier of--
            (1) the date on which the strategy required under 
          subsection (d)(1)(A)(i) has been fully implemented; or
            (2) the date that is 10 years after the date of the 
          enactment of this Act.
     
          SEC. 106. ADJUSTMENT OF STATUS FOR ELIGIBLE INDIVIDUALS.
     
            (a) Defined Term.--In this section, the term ``eligible 
          individual'' means an alien who--
            (1) is present in the United States--
            (2) is a citizen or national of Afghanistan or, in the case 
          of an alien having no nationality, is a person who last 
          habitually resided in Afghanistan; and
            (3)(A) was inspected and admitted to the United States on 
          or before the date of the enactment of this Act;
            (B) was paroled into the United States during the period 
          beginning on July 30, 2021, and ending on the date of the 
          enactment of this Act, provided that such parole has not been 
          terminated by the Secretary of Homeland Security upon written 
          notice; or
            (C)(i) was admitted or paroled into the United States after 
          the date of the enactment of this Act; and
            (ii) has been determined by the Secretary of Homeland 
          Security, in cooperation with the Secretary of Defense and 
          other Federal agency partners, to have directly and 
          personally supported the United States mission in 
          Afghanistan, to an extent considered comparable to the 
          support provided by individuals who have received Chief of 
          Mission approval as part of their application for special 
          immigrant status.
            (b) Adjustment of Status.--Notwithstanding any other 
          provision of law, the Secretary of Homeland Security shall 
          adjust the status of an eligible individual to the status of 
          an alien lawfully admitted for permanent residence if--
            (1) the eligible individual--
            (A) submits an application for adjustment of status in 
          accordance with procedures established by the Secretary; and
            (B) meets the requirements of this section; and
            (2) the Secretary determines, in the unreviewable 
          discretion of the Secretary, that the adjustment of status of 
          the eligible individual is not contrary to the national 
          interest, public safety, or national security of the United 
          States.
            (c) Admissibility.--
            (1) In general.--Subject to paragraph (2), the provisions 
          of section 209(c) of the Immigration and Nationality Act (8 
          U.S.C. 1159(c)) (relating to the admissibility of refugees 
          seeking adjustment of status) shall apply to applicants for 
          adjustment of status under this section.
            (2) Additional limitations on admissibility.--The Secretary 
          of Homeland Security may not waive under section 209(c) of 
          the Immigration and Nationality Act (8 U.S.C. 1159(c))--
            (A) any ground of inadmissibility under paragraph (3) of 
          section 212(a) of the Immigration and Nationality Act (8 
          U.S.C. 1182(a)); or
            (B) any applicable ground of inadmissibility under 
          paragraph (2) of that section that arises due to criminal 
          conduct that was committed in the United States on or after 
          July 30, 2021.
            (3) Rule of construction.--Nothing in this subsection may 
          be construed to limit any other waiver authority applicable 
          under the immigration laws to an applicant for adjustment of 
          status.
            (d) Interview and Vetting Requirements.--
            (1) Requirements for in-person interview and vetting.--
            (A) In general.--The Secretary of Homeland Security, in 
          consultation with the Secretary of Defense and, as 
          appropriate, the Attorney General, shall establish vetting 
          requirements for applicants seeking adjustment of status 
          under this section that are equivalent in rigor to the 
          vetting requirements for refugees admitted to the United 
          States through the United States Refugee Admissions Program 
          by conducting--
            (i) an in-person interview (except in the case of a child 
          who was younger than 10 years of age at the time of admission 
          or parole);
            (ii) biometric and biographic screening to identify any 
          derogatory information associated with applicants;
            (iii) a review and analysis of the data holdings of the 
          Department of Defense, the Department of Homeland Security, 
          and other cooperating interagency partners, including 
          biographic and biometric records, iris scans, fingerprints, 
          voice biometric information, hand geometry biometrics, and 
          other identifiable information; and
            (iv) a review of the information required to be collected 
          under paragraph (2).
            (B) Clearance of vetting requirements.--
            (i) In general.--The Secretary of Homeland Security may not 
          adjust the status of an eligible individual to that of an 
          alien lawfully admitted for permanent residence under this 
          section until--
     
            (I) the vetting requirements described in subparagraph (A) 
          have been implemented; and
            (II) the eligible individual clears the vetting 
          requirements established under subparagraph (A).
     
            (ii) Prioritization.--The Secretary of Homeland Security 
          shall prioritize the vetting of applicants under this 
          paragraph in a manner that best ensures national security.
            (iii) Previous vetting.--The Secretary of Homeland Security 
          shall conduct the vetting requirements established under 
          subparagraph (A) with respect to each applicant for 
          adjustment of status under this section regardless of whether 
          the applicant has undergone previous vetting.
            (C) Interview at port of entry.--An interview of an 
          individual by a U.S. Customs and Border Protection official 
          at a port of entry shall not be considered to satisfy the in-
          person interview requirement under subparagraph (A)(i).
            (D) Rule of construction.--Nothing in this paragraph may be 
          construed to require, as part of the vetting requirements 
          under this subsection, that the Secretary of Homeland 
          Security collect from an applicant any biometric information 
          that the Department of Homeland Security already has on file.
            (2) Vetting database requirement.--
            (A) In general.--The Secretary of Homeland Security, in 
          consultation with the Secretary of Defense and, as 
          appropriate, partners in the intelligence community 
          (including officials of the Department of State, the Federal 
          Bureau of Investigation, and the National Counterterrorism 
          Center), shall maintain records that contain, for each 
          applicant under this section for the duration of the pendency 
          of their application for adjustment of status--
            (i) personal biographic information, including name and 
          date of birth;
            (ii) biometric information, including, where available, 
          iris scans, photographs, and fingerprints; and
            (iii) the results of all vetting by the United States 
          Government to which the applicant has submitted, including 
          whether the individual has undergone an in-person vetting 
          interview, and any recurrent vetting.
            (B) Information sharing.--In response to a request from the 
          Secretary of Homeland Security, in accordance with 
          subparagraph (A), Federal agencies shall share information to 
          the extent authorized by law.
            (3) Rule of construction.--Nothing in this subsection may 
          be construed to limit the authority of the Secretary of 
          Homeland Security to maintain records under any other law.
            (e) Record of Admission.--
            (1) Priority for those who supported the united states 
          mission in afghanistan.--Upon the approval of an application 
          for adjustment of status under this section submitted by an 
          applicant (and the spouse and child of an applicant, if 
          otherwise eligible for adjustment of status under this 
          section) who submits documentation establishing that the 
          applicant has received Chief of Mission approval as part of 
          their application for special immigrant status, the Secretary 
          of Homeland Security shall create a record of the alien's 
          admission as a lawful permanent resident as of the date on 
          which the alien was inspected and admitted or paroled into 
          the United States.
            (2) Other applicants.--Upon the approval of an application 
          for adjustment of status under this section submitted by an 
          applicant other than an applicant described in paragraph (1), 
          the Secretary of Homeland Security shall create a record of 
          the alien's admission as a lawful permanent resident as of 
          the date on which the alien's application for adjustment of 
          status under this section was approved.
            (f) Deadline for Application.--
            (1) In general.--Except as provided in paragraph (2), an 
          individual described in subsection (a) may only adjust status 
          under this section if the individual submits an application 
          for adjustment of status not later than the later of--
            (A) the date that is 2 years after the date on which final 
          guidance described in subsection (i)(2) is published; or
            (B) the date that is 2 years after the date on which such 
          individual becomes eligible to apply for adjustment of status 
          under this section.
            (2) Exception.--An application under this section may be 
          considered after the applicable date described in paragraph 
          (1), if the applicant demonstrates to the satisfaction of the 
          Secretary of Homeland Security the existence of extraordinary 
          circumstances relating to the delay in submission of the 
          application.
            (g) Prohibition on Further Authorization of Parole.--An 
          individual described in subsection (a) who was paroled into 
          the United States shall not be authorized for an additional 
          period of parole if such individual fails to submit an 
          application for adjustment of status by the deadline 
          described in subsection (f).
            (h) Employment Authorization.--Notwithstanding any other 
          provision of law, the Secretary of Homeland Security may 
          extend the period of employment authorization provided to an 
          individual described in subparagraph (A) or (B) of subsection 
          (a)(2) to the extent that the individual has been granted any 
          additional period of parole.
            (i) Implementation.--
            (1) Interim guidance.--
            (A) In general.--Not later than 90 days after the date of 
          the enactment of this Act, the Secretary of Homeland Security 
          shall issue guidance implementing this section.
            (B) Publication.--Notwithstanding section 553 of title 5, 
          United States Code, guidance issued pursuant to subparagraph 
          (A)--
     
     [[Page S10003]]
     
            (i) may be published on the internet website of the 
          Department of Homeland Security; and
            (ii) shall be effective on an interim basis immediately 
          upon such publication, but may be subject to change and 
          revision after notice and an opportunity for public comment.
            (2) Final guidance.--
            (A) In general.--Not later than 1 year after the date of 
          the enactment of this Act, the Secretary of Homeland Security 
          shall finalize the guidance implementing this section.
            (B) Exemption from the administrative procedures act.--
          Chapter 5 of title 5, United States Code (commonly known as 
          the ``Administrative Procedures Act'') shall not apply to the 
          guidance issued under this paragraph.
            (j) Administrative Review.--The Secretary of Homeland 
          Security shall provide applicants for adjustment of status 
          under this section with the same right to, and procedures 
          for, administrative review as are provided to applicants for 
          adjustment of status under section 245 of the Immigration and 
          Nationality Act (8 U.S.C. 1255).
            (k) Prohibition on Fees.--The Secretary of Homeland 
          Security may not charge a fee to any eligible individual in 
          connection with--
            (1) an application for adjustment of status or employment 
          authorization under this section; or
            (2) the initial issuance of a permanent resident card or an 
          employment authorization document under this section.
            (l) Pending Applications.--
            (1) In general.--During the period beginning on the date on 
          which an alien files a bona fide application for adjustment 
          of status under this section and ending on the date on which 
          the Secretary of Homeland Security makes a final 
          administrative decision regarding such application, an 
          applicant included in such application who remains in 
          compliance with all application requirements may not be--
            (A) removed from the United States unless the Secretary of 
          Homeland Security makes a prima facie determination that the 
          alien is, or has become, ineligible for adjustment of status 
          under this section;
            (B) considered unlawfully present under section 
          212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
          1182(a)(9)(B)); or
            (C) considered an unauthorized alien (as defined in section 
          274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
          1324a(h)(3))) if the alien has applied for and has been 
          issued an employment authorization document.
            (2) Effect on other applications.--Notwithstanding any 
          other provision of law, in the interest of efficiency, the 
          Secretary of Homeland Security may pause consideration of any 
          other application for immigration benefits pending 
          adjudication so as to prioritize an application for 
          adjustment of status pursuant to this title.
            (m) Eligibility for Benefits.--
            (1) In general.--Notwithstanding any other provision of 
          law--
            (A) an individual described in subsection (a) of section 
          2502 of the Afghanistan Supplemental Appropriations Act, 2022 
          (8 U.S.C. 1101 note, Public Law 117-43) shall retain his or 
          her eligibility for the benefits and services described in 
          subsection (b) of such section if the individual has a 
          pending application under this section or is granted 
          adjustment of status under this section; and
            (B) such benefits and services shall remain available to 
          the individual to the same extent and for the same periods of 
          time as such benefits and services are otherwise available to 
          refugees who acquire such status.
            (2) Exception from five-year limited eligibility for means-
          tested public benefits.-- Section 403(b)(1) of the Personal 
          Responsibility and Work Opportunity Reconciliation Act of 
          1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
          the following:
            ``(F) An alien who status is adjusted to that of an alien 
          lawfully admitted for permanent residence under section 106 
          of the Afghan Adjustment Act.''.
            (n) Parents and Legal Guardians of Unaccompanied 
          Children.--A parent or legal guardian of an eligible 
          individual shall be eligible for adjustment of status under 
          this section if--
            (1) the eligible individual was under 18 years of age on 
          the date on which the eligible individual was admitted or 
          paroled into the United States; and
            (2) such parent or legal guardian was paroled into or 
          admitted to the United States after the date referred to in 
          paragraph (1).
            (o) Exemption From Numerical Limitations.--
            (1) In general.--Aliens granted adjustment of status under 
          this section shall not be subject to the numerical 
          limitations under sections 201, 202, and 203 of the 
          Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
          1153).
            (2) Spouse and children beneficiaries.--A spouse or child 
          who is the beneficiary of an immigrant petition under section 
          204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
          filed by an alien who has been granted adjustment of status 
          under this section, seeking classification of the spouse or 
          child under section 203(a)(2)(A) of that Act (8 U.S.C. 
          1153(a)(2)(A)) shall not be subject to the numerical 
          limitations under sections 201, 202, and 203 of the 
          Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
          1153).
            (p) Notification of Eligible Individuals.--The Secretary of 
          Homeland Security shall make reasonable efforts to notify 
          eligible individuals, including eligible individuals who 
          independently departed United States Government facilities, 
          with respect to--
            (1) the requirements for applying to adjust status under 
          this section;
            (2) the deadline for submitting an application; and
            (3) the consequences under subsection (g) for failing to 
          apply for adjustment of status.
            (q) Reporting Requirements.--
            (1) Report and consultation on vetting requirements.--
            (A) Initial congressional consultation on vetting.--Not 
          later than 90 days after the date of the enactment of this 
          Act, the Secretary of Homeland Security and the Secretary of 
          Defense shall jointly inform and consult with the appropriate 
          committees of Congress, in a classified or unclassified 
          setting, with respect to the vetting requirements for 
          applicants seeking adjustment of status under this section, 
          including the nature of the interview and biometric and 
          biographical screening processes required for such applicants 
          and the amount of time needed by the agencies to set up the 
          procedures and database required by this section.
            (B) Second congressional consultation on vetting.--Not 
          later than the earlier of the date that is 180 days after the 
          date of the enactment of this Act or the date on which the 
          Secretary of Homeland Security begins accepting applications 
          for adjustment of status under this title, the Secretary 
          shall provide to the appropriate committees of Congress with 
          a second consultation on--
            (i) the status of the vetting under this section, including 
          the steps the Secretary has taken to respond to feedback 
          provided during the initial consultation under subparagraph 
          (A); and
            (ii) the progress of the Secretary toward fully setting up 
          the procedures and database required by this section.
            (2) Briefing.--
            (A) In general.--Not later than 1 year after the 
          application deadline under subsection (f)(1)(A), the 
          Secretary of Homeland Security shall provide the appropriate 
          committees of Congress with a briefing on the status of the 
          vetting under this section of eligible individuals, including 
          a plan for addressing any identified security concerns.
            (B) Element.--The briefing required by subparagraph (A) 
          shall include information on individuals who are eligible for 
          adjustment of status under this section but did not--
            (i) submit an application for adjustment of status under 
          this section; or
            (ii) meet the requirements of subsection (f)(2).
            (3) Information request by member of congress.--Upon 
          request by a Member of Congress on behalf of an applicant or 
          by any of the appropriate committees of Congress, the 
          Secretary of Homeland Security shall provide, in a classified 
          or an unclassified setting, as appropriate, the basis for an 
          exercise of discretion under subsection (b)(2) that resulted 
          in the denial of an application for adjustment of status.
            (r) Rule of Construction.--Nothing in this section may be 
          construed to preclude an eligible individual from applying 
          for or receiving any immigration benefit to which the 
          eligible individual is otherwise entitled.
            (s) Authorization for Appropriations.--There is authorized 
          to be appropriated to the Secretary of Homeland Security 
          $20,000,000 for each of the fiscal years 2023 through 2027 to 
          carry out this section.
     
          SEC. 107. NEW CATEGORY OF SPECIAL IMMIGRANT VISAS FOR AT-RISK 
                        AFGHAN ALLIES AND RELATIVES OF CERTAIN MEMBERS 
                        OF THE ARMED FORCES.
     
            (a) At-Risk Afghan Allies.--
            (1) In general.--The Secretary of Homeland Security, or, 
          notwithstanding any other provision of law, the Secretary of 
          State may provide an alien described in paragraph (2) (and 
          the spouse and children of the alien if accompanying or 
          following to join the alien) with the status of a special 
          immigrant under section 101(a)(27) of the Immigration and 
          Nationality Act (8 U.S.C. 1101(a)(27)) if--
            (A) the alien or an agent acting on behalf of the alien 
          submits a request for a recommendation under paragraph (3);
            (B) the alien is otherwise admissible to the United States 
          and eligible for lawful permanent residence (excluding the 
          grounds of inadmissibility under section 212(a)(4) of such 
          Act (8 U.S.C. 1182(a)(4))); and
            (C) with respect to the alien, the Secretary of Defense has 
          made a positive recommendation under paragraph (3).
            (2) Alien described.--
            (A) In general.--An alien described in this paragraph is an 
          alien who--
            (i) is a citizen or national of Afghanistan;
            (ii) was--
     
            (I) a member of--
     
            (aa) the special operations forces of the Afghanistan 
          National Defense and Security Forces;
            (bb) the Afghanistan National Army Special Operations 
          Command;
            (cc) the Afghan Air Force; or
            (dd) the Special Mission Wing of Afghanistan;
     
            (II) a female member of any other entity of the Afghanistan 
          National Defense and Security Forces, including--
     
            (aa) a cadet or instructor at the Afghanistan National 
          Defense University; and
            (bb) a civilian employee of the Ministry of Defense or the 
          Ministry of Interior Affairs;
     
            (III) an individual associated with former Afghan military 
          and police human intelligence activities, including operators 
          and Department of Defense sources;
     
     [[Page S10004]]
     
            (IV) an individual associated with former Afghan military 
          counterintelligence;
            (V) an individual associated with the former Afghan 
          Ministry of Defense who was involved in the prosecution and 
          detention of combatants; or
            (VI) a senior military officer, senior enlisted personnel, 
          or civilian official who served on the staff of the former 
          Ministry of Defense or the former Ministry of Interior 
          Affairs of Afghanistan;
     
            (iii) provided service to an entity or organization 
          described in clause (ii) for not less than 1 year during the 
          period beginning on December 22, 2001, and ending on 
          September 1, 2021, and did so in support of the United States 
          mission in Afghanistan; and
            (iv) is recommended positively by the Secretary of Defense 
          to the Secretary of State or the Secretary of Homeland 
          Security, based on a consideration of the information 
          described in paragraph (3)(A)(ii).
            (B) Inclusions.--For purposes of eligibility under this 
          paragraph, the Afghanistan National Defense and Security 
          Forces includes members of the security forces under the 
          Ministry of Defense and the Ministry of Interior Affairs of 
          the Islamic Republic of Afghanistan, including the 
          Afghanistan National Army, the Afghan Air Force, the 
          Afghanistan National Police, and any other entity designated 
          by the Secretary of Defense as part of the Afghanistan 
          National Defense and Security Forces during the relevant 
          period of service of the applicant concerned.
            (3) Department of defense recommendation.--
            (A) In general.--With respect to each principal applicant 
          under this section, as soon as practicable after receiving a 
          request for a recommendation, the Secretary of Defense 
          shall--
            (i) review--
     
            (I)(aa) the service record of the principal applicant, if 
          available; or
            (bb) if the principal applicant provides a service record, 
          any information that helps verify the service record 
          concerned; and
            (II) the data holdings of the Department of Defense and 
          other cooperating interagency partners, including biographic 
          and biometric records, iris scans, fingerprints, voice 
          biometric information, hand geometry biometrics, other 
          identifiable information, and any other information related 
          to the applicant, including relevant derogatory information;
     
            (ii) submit a positive or negative recommendation to the 
          Secretary of State or the Secretary of Homeland Security as 
          to whether the principal applicant meets the requirements 
          under paragraph (2) without significant derogatory 
          information; and
            (iii) submit with such recommendation--
     
            (I)(aa) any service record concerned, if available; or
            (bb) if the principal applicant provides a service record, 
          any information that helps verify the service record 
          concerned; and
            (II) any biometrics for the principal applicant that have 
          been collected by the Department of Defense.
     
            (B) Effect of no available service records.--If no service 
          records are available for a principal applicant, the 
          Secretary of Defense may review any referral from a former or 
          current official of the Department of Defense who has 
          knowledge of the principal applicant's service as described 
          in paragraph (2)(A)(ii ).
            (C) Personnel to support recommendations.--Any limitation 
          in law on the number of personnel within the Office of the 
          Secretary of Defense, the military departments, or the 
          defense agencies shall not apply to personnel employed for 
          the primary purpose of carrying out this paragraph.
            (D) Review process for negative department of defense 
          recommendation.--
            (i) In general.--An applicant who has a negative 
          recommendation from the Department of Defense, as described 
          in subparagraph (A)(ii), or with derogatory information 
          shall--
     
            (I) receive a written notice of negative recommendation 
          from the Secretary of Defense that provides, to the maximum 
          extent practicable, information describing the basis for the 
          negative recommendation, including the facts and inferences, 
          or evidentiary gaps, underlying the individual determination; 
          and
            (II) be provided not more than 1 written appeal to the 
          Secretary of Defense for each such negative recommendation.
     
            (ii) Deadline for appeal.--An appeal under subclause (II) 
          of clause (i) shall be submitted not more than 120 days after 
          the date on which the applicant concerned receives a decision 
          under subclause (I) of that clause, or thereafter at the 
          discretion of the Secretary of Defense or the Secretary of 
          Homeland Security.
            (iii) Request to reopen.--
     
            (I) In general.--An applicant who receives a negative 
          recommendation under clause (i) may submit a request for a 
          Department of Defense recommendation so that the applicant 
          may provide additional information, clarify existing 
          information, or explain any unfavorable information.
            (II) Limitation.--After considering 1 such request to 
          reopen from an applicant, the Secretary of Defense may deny 
          subsequent requests to reopen submitted by the same 
          applicant.
     
            (b) Special Immigrant Visas for Certain Relatives of 
          Certain Members of the Armed Forces.--Section 101(a)(27) of 
          the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
          amended--
            (1) in subparagraph (L)(iii), by adding a semicolon at the 
          end;
            (2) in subparagraph (M), by striking the period at the end 
          and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(N) a citizen or national of Afghanistan who is the 
          parent or brother or sister of--
            ``(i) a member of the armed forces (as defined in section 
          101(a) of title 10, United States Code); or
            ``(ii) a veteran (as defined in section 101 of title 38, 
          United States Code).''.
            (c) General Provisions.--
            (1) Prohibition on fees.--The Secretary of Homeland 
          Security, the Secretary of Defense, or the Secretary of State 
          may not charge any fee in connection with an application for, 
          or issuance of, a special immigrant visa or special immigrant 
          status under--
            (A) this section or an amendment made by this section;
            (B) section 602 of the Afghan Allies Protection Act of 2009 
          ( 8 U.S.C. 1101 note; Public Law 111-8); or
            (C) section 1059 of the National Defense Authorization Act 
          for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
          163).
            (2) Representation.--An alien applying for admission to the 
          United States under this section, or an amendment made by 
          this section, may be represented during the application 
          process, including at relevant interviews and examinations, 
          by an attorney or other accredited representative. Such 
          representation shall not be at the expense of the United 
          States Government.
            (3) Numerical limitations.--
            (A) In general.--Subject to subparagraph (C), the total 
          number of principal aliens who may be provided special 
          immigrant visas under this section may not exceed 11,500 each 
          fiscal year.
            (B) Carryover.--If the numerical limitation specified in 
          subparagraph (A) is not reached during a given fiscal year, 
          the numerical limitation specified in such subparagraph for 
          the following fiscal year shall be increased by a number 
          equal to the difference between--
            (i) the numerical limitation specified in subparagraph (A) 
          for the given fiscal year; and
            (ii) the number of principal aliens provided special 
          immigrant visas under this section during the given fiscal 
          year.
            (C) Maximum number of visas.--The total number of principal 
          aliens who may be provided special immigrant visas under this 
          section shall not exceed 34,500.
            (D) Duration of authority.--The authority to issue visas 
          under this section shall--
            (i) commence on the date of the enactment of this Act; and
            (ii) terminate on the date on which all such visas are 
          exhausted.
            (4) Exclusion from numerical limitations.--Aliens provided 
          special immigrant visas under this section, or an amendment 
          made by this section, shall not be counted against any 
          numerical limitation under sections 201(d), 202(a), or 
          203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
          1151(d), 1152(a), and 1153(b)(4)) or section 602 of the 
          Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
          Public Law 111-8).
            (5) Order of consideration.--Immigrant visas shall be made 
          available under this section to eligible immigrants in the 
          order in which the Secretary of Defense has issued a 
          recommendation under subsection (a)(3), subject to the 
          requirements of the adjudication process.
            (6) Protection of aliens.--The Secretary of State, in 
          consultation with the heads of other appropriate Federal 
          agencies, shall make a reasonable effort to provide an alien 
          who is seeking status as a special immigrant under this 
          section, or an amendment made by this section, protection or 
          to immediately remove such alien from Afghanistan, if 
          possible.
            (7) Other eligibility for immigrant status.--No alien shall 
          be denied the opportunity to apply for admission under this 
          section, or an amendment made by this section, solely because 
          the alien qualifies as an immediate relative or is eligible 
          for any other immigrant classification.
            (8) Resettlement support.--A citizen or national of 
          Afghanistan who is admitted to the United States as a special 
          immigrant under this section or an amendment made by this 
          section shall be eligible for resettlement assistance, 
          entitlement programs, and other benefits available to 
          refugees admitted under section 207 of such Act (8 U.S.C. 
          1157) to the same extent, and for the same periods of time, 
          as such refugees.
            (9) Adjustment of status.--Notwithstanding paragraph (2), 
          (7), or (8) of subsection (c) of section 245 of the 
          Immigration and Nationality Act (8 U.S.C. 1255), the 
          Secretary of Homeland Security may adjust the status of an 
          alien described in subparagraph (N) of section 101(a)(27) of 
          the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) or 
          subsection (a)(2) of this section to that of an alien 
          lawfully admitted for permanent residence under subsection 
          (a) of such section 245 if the alien--
            (A) was paroled or admitted as a nonimmigrant into the 
          United States; and
            (B) is otherwise eligible for status as a special immigrant 
          under--
            (i) this section; or
            (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
          seq.).
            (10) Authorization of appropriations.--There are authorized 
          to be appropriated to the Secretary of Homeland Security, the 
          Secretary of State, the Secretary of Defense, and the 
          Secretary of Health and Human
     
     [[Page S10005]]
     
          Services such sums as are necessary for each of the fiscal 
          years 2023 through 2033 to carry out this section and the 
          amendments made by this section.
     
          SEC. 108. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                        UNITED STATES.
     
            Notwithstanding any other provision of law, during 
          Operation Allies Welcome, Enduring Welcome, and any successor 
          operation, the Secretary of Homeland Security and the 
          Secretary of State may waive any fee or surcharge or exempt 
          individuals from the payment of any fee or surcharge 
          collected by the Department of Homeland Security and the 
          Department of State, respectively, in connection with a 
          petition or application for, or issuance of, an immigrant 
          visa to a national of Afghanistan under section 
          201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
          Act, 8 U.S.C. 1101(b)(2)(A)(i) and 1153(a), respectively.
     
          SEC. 109. SEVERABILITY.
     
            If any provision of this title, or the application of such 
          provision to any person or circumstance, is held to be 
          unconstitutional, the remainder of this title, and the 
          application of the remaining provisions of this title to any 
          person or circumstance, shall not be affected.
     
          SEC. 110. DATE LIMITATION.
     
            The Secretary of Homeland Security may not grant an 
          application for adjustment of status under section 106 or an 
          application for special immigrant status under section 107, 
          or an amendment made by section 107, before the Secretary has 
          implemented the vetting procedures required by this title, 
          and in no event before January 1, 2024.
                                      ______