[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2743-S2747]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 651. Mr. COTTON (for himself, Mr. Graham, and Mr. Tillis) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to authorize appropriations for fiscal year 2024 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

Subtitle H--Ensuring American Security and Protecting Afghan Allies Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Ensuring American 
     Security and Protecting Afghan Allies Act''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (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 1096 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. 1093. 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. 1094. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 of the 
     Immigration and Nationality Act (8 U.S.C. 1186a-b), subject 
     to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status; and
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary of Homeland Security upon written 
     notice.

[[Page S2744]]

       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Immediately on the date of the enactment of this 
     Act, the Secretary of Homeland Security shall--
       (A) adjust the status of each eligible individual to that 
     of conditional permanent resident status; and
       (B) create for each eligible individual a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States.
       (2) Removal of conditions.--
       (A) In general.--Not later than the date described in 
     subparagraph (B), the Secretary of Homeland Security shall 
     remove the conditions on the permanent resident status of an 
     eligible individual if the Secretary has determined that--
       (i) subject to subparagraph (C), the eligible individual is 
     not subject to any ground of inadmissibility under section 
     212 of the Immigration and Nationality Act (8 U.S.C. 1182); 
     and
       (ii) the eligible individual is not the subject of 
     significant derogatory information, such as a conviction of a 
     felony or any other information indicating that the eligible 
     individual poses a national security concern.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which an 
     eligible individual was admitted or paroled into the United 
     States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), with 
     respect to an eligible individual, the Secretary of Homeland 
     Security may waive the application of the grounds of 
     inadmissibility under in section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) for humanitarian 
     purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary of Homeland Security may 
     not waive under clause (i) the application of subparagraphs 
     (C) through (H) of paragraph (2), or paragraph (3), of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)).
       (3) Treatment of conditional resident period for purposes 
     of naturalization.--An eligible individual in conditional 
     resident status shall be considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence.
       (c) Terms of Conditional Permanent Resident Status.--
       (1) Assessment.--
       (A) In general.--Before removing the conditions on the 
     permanent resident status of an eligible individual under 
     subsection (b)(2), the Secretary of Homeland Security shall 
     conduct an assessment with respect to the eligible 
     individual, which shall be equivalent in rigor to the 
     assessment conducted with respect to refugees admitted to the 
     United States through the United States Refugee Admissions 
     Program, for the purpose of determining whether the eligible 
     individual is subject to any ground of inadmissibility under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182) or any ground of deportability under section 237 of 
     that Act (8 U.S.C. 1227).
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary of Homeland Security may 
     consult with the head of any other relevant agency and review 
     the holdings of any such agency.
       (2) Periodic nonadversarial meetings.--
       (A) In general.--Not later than 180 days after the date on 
     which the status of an eligible individual is adjusted to 
     conditional permanent resident status, and periodically 
     thereafter, the eligible individual shall participate in a 
     nonadversarial meeting with an official of the Office of 
     Refugee Resettlement, during which such official shall--
       (i) on request by the eligible individual, assist the 
     eligible individual in applying for any applicable 
     immigration benefit and completing any applicable 
     immigration-related paperwork; and
       (ii) answer any questions regarding eligibility for other 
     benefits.
       (B) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under subparagraph (A) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the eligible individual that 
     includes the date of the scheduled meeting and a description 
     of the process for rescheduling the meeting.
       (C) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (i) meetings under subparagraph (A) are conducted in a 
     nonadversarial manner; and
       (ii) interpretation and translation services are provided 
     to eligible individuals with limited English proficiency.
       (D) Rule of construction.--Nothing in this section shall be 
     construed to prevent an eligible individual from electing to 
     have counsel present during a meeting under subparagraph (A).
       (3) Eligibility for benefits.--Except with respect to an 
     application for naturalization, an eligible individual in 
     conditional permanent resident status shall be considered to 
     be an alien lawfully admitted for permanent residence for 
     purposes of the adjudication of an application or petition 
     for a benefit or the receipt of a benefit.
       (4) Notification of requirements.--Not later than 90 days 
     after the date on which the status of an eligible individual 
     is adjusted to that of conditional permanent resident status, 
     the Secretary of Homeland Security shall provide notice to 
     the eligible individual with respect to the provisions of--
       (A) this section;
       (B) paragraph (1) (relating to the conduct of assessments); 
     and
       (C) paragraph (2) (relating to periodic nonadversarial 
     meetings).
       (d) Application for Naturalization.--The Secretary of 
     Homeland Security shall establish procedures by which an 
     eligible individual may be considered for naturalization 
     concurrently with the removal of the conditions on his or her 
     permanent resident status under subsection (b)(2).
       (e) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue guidance implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act'') shall not apply to the 
     guidance issued under this paragraph.
       (f) Asylum Claims.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (g) Prohibition on Fees.--The Secretary of Homeland 
     Security may not charge a fee to any eligible individual in 
     connection with the initial issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence; or
       (2) an employment authorization document.
       (h) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note, Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual has a 
     pending application, or is granted adjustment of status, 
     under this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from five-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien who status is adjusted to that of an alien 
     lawfully admitted for permanent residence under section 1094 
     of the Ensuring American Security and Protecting Afghan 
     Allies Act.''.
       (i) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     eligible individual is otherwise entitled.
       (j) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Secretary of Homeland Security 
     $20,000,000 for each of the fiscal years 2024 through 2028 to 
     carry out this section.

     SEC. 1095. 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

[[Page S2745]]

       (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 1096 or an amendment made by such section;
       (iii) with respect to the strategy required under 
     subparagraph (A)(i)--

       (I) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (II) a description of the process for safely resettling 
     such nationals;
       (III) a plan for processing such nationals of Afghanistan 
     for admission to the United States, that--

       (aa) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (bb) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (cc) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (dd) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (ee) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;

       (IV) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary of 
     Homeland Security to increase the number of such nationals of 
     Afghanistan who can be safely processed or resettled;
       (V) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (VI) an estimate of the cost to fully implement the 
     strategy; and
       (VII) any other matter the Task Force considers relevant to 
     the implementation of the strategy; and

       (iv) with respect to the contingency plan required by 
     subparagraph (A)(ii)--

       (I) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (II) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (III) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (IV) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund; and
       (V) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan.

       (C) Form.--The report required under subparagraph (A) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (2) Briefing.--Not later than 60 days after submitting the 
     report required by paragraph (1), the Task Force shall brief 
     the appropriate committees of Congress on the contents of the 
     report.
       (e) Termination.--The Task Force shall remain in effect 
     until the earlier of--
       (1) the date on which the strategy required under 
     subsection (d)(1)(A)(i) has been fully implemented; or
       (2) the date that is 3 years after the date of the 
     enactment of this Act.

     SEC. 1096. SUPPORTING AT-RISK AFGHAN ALLIES AND RELATIVES OF 
                   CERTAIN MEMBERS OF THE ARMED FORCES.

       (a) Designation of At-risk Afghan Allies as Priority 2 
     Refugees.--
       (1) Definition of at-risk afghan ally.--
       (A) In general.--In this subsection, the term ``at-risk 
     Afghan ally'' means an alien who--
       (i) is a citizen or national of Afghanistan; and
       (ii) was--

       (I) a member of--

       (aa) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (bb) the Afghanistan National Army Special Operations 
     Command;
       (cc) the Afghan Air Force; or
       (dd) the Special Mission Wing of Afghanistan;

       (II) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (aa) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (bb) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (III) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (IV) an individual associated with former Afghan military 
     counterintelligence;
       (V) an individual associated with the former Afghan 
     Ministry of Defense who was involved in the prosecution and 
     detention of combatants; or
       (VI) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; and
       (VII) provided service to an entity or organization 
     described in clause (ii) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.

       (B) Inclusions.--For purposes of this paragraph, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (2) Designation.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall designate, as 
     Priority 2 refugees of special humanitarian concern, at-risk 
     Afghan allies.
       (3) At-risk afghan allies referral program.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a process by which an individual may apply to the 
     Secretary for classification as an at-risk Afghan ally and 
     request a referral to the United States Refugee Admissions 
     Program as Priority 2 refugees.
       (B) Application system.--The process established under 
     subparagraph (A) shall--
       (i) include the development and maintenance of a secure 
     online portal through which applicants may provide 
     information verifying their status as at-risk Afghan allies 
     and upload supporting documentation; and
       (ii) allow--

       (I) an applicant to submit his or her own application; and
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant.

       (C) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     subparagraph (A), the Secretary of Defense shall--
       (i) review--

       (I) the service record of the applicant, if available;
       (II) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     Department of Defense who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (III) the data holdings of the Department of Defense and 
     other cooperating interagency partners, including biographic 
     and biometric records, iris scans, fingerprints, voice 
     biometric information, hand geometry biometrics, other 
     identifiable information, and any other information related 
     to the applicant, including relevant derogatory information; 
     and

       (ii)(I) in a case in which the Secretary of Defense 
     determines that the applicant is an at-risk Afghan ally, 
     refer the at-risk Afghan ally to the United States Refugee 
     Admissions Program as a Priority 2 refugee; and

       (II) include with such referral any significant derogatory 
     information regarding the at-risk Afghan ally.

       (D) Personnel to support recommendations.--Any limitation 
     in law with respect to the number of personnel within the 
     Office of the Secretary of Defense, the military departments, 
     or the defense agencies shall not apply to personnel employed 
     for the primary purpose of carrying out this paragraph.
       (E) Review process for denial of request for referral.--
       (i) In general.--In the case of an applicant with respect 
     to whom the Secretary of Defense denies a request for 
     classification and

[[Page S2746]]

     referral based on a determination that the applicant is not 
     an at-risk Afghan ally or based on derogatory information--

       (I) the Secretary shall provide the applicant with a 
     written notice of the denial that provides, to the maximum 
     extent practicable, a description of the basis for the 
     denial, including the facts and inferences, or evidentiary 
     gaps, underlying the individual determination; and
       (II) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the Secretary for 
     each such denial.

       (ii) Deadline for appeal.--An appeal under subclause (II) 
     of clause (i) shall be submitted--

       (I) not more than 120 days after the date on which the 
     applicant concerned receives notice under subclause (I) of 
     that clause; or
       (II) on any date thereafter, at the discretion of the 
     Secretary of Defense.

       (iii) Request to reopen.--

       (I) In general.--An applicant who receives a denial under 
     clause (i) may submit a request to reopen a request for 
     classification and referral under the process established 
     under subparagraph (A) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (II) Limitation.--After considering 1 such request to 
     reopen from an applicant, the Secretary of Defense may deny 
     subsequent requests to reopen submitted by the same 
     applicant.

       (b) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--Section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
     amended--
       (1) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (c) General Provisions.--
       (1) Prohibition on fees.--The Secretary of Homeland 
     Security, the Secretary of Defense, or the Secretary of State 
     may not charge any fee in connection with a request for a 
     classification and referral as a refugee or an application 
     for, or issuance of, a special immigrant visa or special 
     immigrant status under--
       (A) this section or an amendment made by this section;
       (B) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8); or
       (C) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163).
       (2) Representation.--An alien applying for admission to the 
     United States under this section, or an amendment made by 
     this section, may be represented during the application 
     process, including at relevant interviews and examinations, 
     by an attorney or other accredited representative. Such 
     representation shall not be at the expense of the United 
     States Government.
       (3) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under this section may not exceed 2,500 each 
     fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under this section during the given fiscal 
     year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under this 
     section shall not exceed 10,000.
       (D) Duration of authority.--The authority to issue visas 
     under this section shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant or requesting 
     classification and referral as a refugee under this section, 
     or an amendment made by this section, protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section, or an amendment made by this section, solely because 
     the alien qualifies as an immediate relative or is eligible 
     for any other immigrant classification.
       (6) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States as a special 
     immigrant under this section or an amendment made by this 
     section shall be eligible for resettlement assistance, 
     entitlement programs, and other benefits available to 
     refugees admitted under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) to the same extent, and for 
     the same periods of time, as such refugees.
       (7) Adjustment of status for special immigrants in certain 
     circumstances.--Notwithstanding paragraph (2), (7), or (8) of 
     subsection (c) of section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255), the Secretary of Homeland 
     Security may adjust the status of an alien described in 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) or subsection (a)(2) 
     of this section to that of an alien lawfully admitted for 
     permanent residence under subsection (a) of such section 245 
     if the alien--
       (A) was--
       (i) paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of 
     enactment of this Act, provided that such parole has not been 
     terminated by the Secretary of Homeland Security upon written 
     notice; or
       (ii) admitted as a nonimmigrant into the United States; and
       (B) is otherwise eligible for status as a special immigrant 
     under--
       (i) this section; or
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (8) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security, the 
     Secretary of State, the Secretary of Defense, and the 
     Secretary of Health and Human Services such sums as are 
     necessary for each of the fiscal years 2024 through 2034 to 
     carry out this section and the amendments made by this 
     section.

     SEC. 1097. 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. 1098. PAROLE REFORM.

       (a) In General.--Section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as 
     follows:
       ``(5)(A) Except as provided in subparagraphs (B) and (C) 
     and section 214(f), the Secretary of Homeland Security, in 
     the discretion of the Secretary, may temporarily parole into 
     the United States any alien applying for admission to the 
     United States who is not present in the United States, under 
     such conditions as the Secretary may prescribe, on a case-by-
     case basis, and not according to eligibility criteria 
     describing an entire class of potential parole recipients, 
     for urgent humanitarian reasons or significant public 
     benefit. Parole granted under this subparagraph may not be 
     regarded as an admission of the alien. When the purposes of 
     such parole have been served in the opinion of the Secretary, 
     the alien shall immediately return or be returned to the 
     custody from which the alien was paroled. After such return, 
     the case of the alien shall be dealt with in the same manner 
     as the case of any other applicant for admission to the 
     United States.
       ``(B) The Secretary of Homeland Security may grant parole 
     to any alien who--
       ``(i) is present in the United States without lawful 
     immigration status;
       ``(ii) is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) is not otherwise inadmissible or removable; and
       ``(iv) is the spouse or child of a member of the Armed 
     Forces serving on active duty.
       ``(C) The Secretary of Homeland Security may grant parole 
     to any alien--
       ``(i) who is a national of the Republic of Cuba and is 
     living in the Republic of Cuba;
       ``(ii) who is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) for whom an immigrant visa is not immediately 
     available;
       ``(iv) who meets all eligibility requirements for an 
     immigrant visa;
       ``(v) who is not otherwise inadmissible; and
       ``(vi) who is receiving a grant of parole in furtherance of 
     the commitment of the United States to the minimum level of 
     annual legal migration of Cuban nationals to the United 
     States specified in the U.S.-Cuba Joint Communique on 
     Migration, done at New York September 9, 1994, and reaffirmed 
     in the Cuba-United States: Joint Statement on Normalization 
     of Migration, Building on the Agreement of September 9, 1994, 
     done at New York May 2, 1995.
       ``(D) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), an urgent humanitarian 
     reason shall be limited to circumstances in which the alien 
     establishes that--
       ``(i)(I) the alien has a medical emergency; and
       ``(II)(aa) the alien cannot obtain necessary treatment in 
     the foreign state in which the alien is residing; or
       ``(bb) the medical emergency is life-threatening and there 
     is insufficient time for the alien to be admitted through the 
     normal visa process;
       ``(ii) the alien is the parent or legal guardian of an 
     alien described in clause (i) and the alien described in 
     clause (i) is a minor;

[[Page S2747]]

       ``(iii) the alien is needed in the United States in order 
     to donate an organ or other tissue for transplant and there 
     is insufficient time for the alien to be admitted through the 
     normal visa process;
       ``(iv) the alien has a close family member in the United 
     States whose death is imminent and the alien could not arrive 
     in the United States in time to see such family member alive 
     if the alien were to be admitted through the normal visa 
     process;
       ``(v) the alien is seeking to attend the funeral of a close 
     family member and the alien could not arrive in the United 
     States in time to attend such funeral if the alien were to be 
     admitted through the normal visa process;
       ``(vi) the alien is an adopted child with an urgent medical 
     condition who is in the legal custody of the petitioner for a 
     final adoption-related visa and whose medical treatment is 
     required before the expected award of a final adoption-
     related visa; or
       ``(vii) the alien is a lawful applicant for adjustment of 
     status under section 245 and is returning to the United 
     States after temporary travel abroad.
       ``(E) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), a significant public 
     benefit may be determined to result from the parole of an 
     alien only if--
       ``(i) the alien has assisted (or will assist, whether 
     knowingly or not) the United States Government in a law 
     enforcement matter;
       ``(ii) the alien's presence is required by the Government 
     in furtherance of such law enforcement matter; and
       ``(iii) the alien is inadmissible, does not satisfy the 
     eligibility requirements for admission as a nonimmigrant, or 
     there is insufficient time for the alien to be admitted 
     through the normal visa process.
       ``(F) For purposes of determining an alien's eligibility 
     for parole under subparagraph (A), the term `case-by-case 
     basis' means that the facts in each individual case are 
     considered and parole is not granted based on membership in a 
     defined class of aliens to be granted parole. The fact that 
     aliens are considered for or granted parole one-by-one and 
     not as a group is not sufficient to establish that the parole 
     decision is made on a `case-by-case basis'.
       ``(G) The Secretary of Homeland Security may not use the 
     parole authority under this paragraph to parole an alien into 
     the United States for any reason or purpose other than those 
     described in subparagraphs (B), (C), (D), and (E).
       ``(H) An alien granted parole may not accept employment, 
     except that an alien granted parole pursuant to subparagraph 
     (B) or (C) is authorized to accept employment for the 
     duration of the parole, as evidenced by an employment 
     authorization document issued by the Secretary of Homeland 
     Security.
       ``(I) Parole granted after a departure from the United 
     States shall not be regarded as an admission of the alien. An 
     alien granted parole, whether as an initial grant of parole 
     or parole upon reentry into the United States, is not 
     eligible to adjust status to lawful permanent residence or 
     for any other immigration benefit if the immigration status 
     the alien had at the time of departure did not authorize the 
     alien to adjust status or to be eligible for such benefit.
       ``(J)(i) Except as provided in clauses (ii) and (iii), 
     parole shall be granted to an alien under this paragraph for 
     the shorter of--
       ``(I) a period of sufficient length to accomplish the 
     activity described in subparagraph (D) or (E) for which the 
     alien was granted parole; or
       ``(II) 1 year.
       ``(ii) Grants of parole pursuant to subparagraph (A) may be 
     extended once, in the discretion of the Secretary, for an 
     additional period that is the shorter of--
       ``(I) the period that is necessary to accomplish the 
     activity described in subparagraph (D) or (E) for which the 
     alien was granted parole; or
       ``(II) 1 year.
       ``(iii) Aliens who have a pending application to adjust 
     status to permanent residence under section 245 may request 
     extensions of parole under this paragraph, in 1-year 
     increments, until the application for adjustment has been 
     adjudicated. Such parole shall terminate immediately upon the 
     denial of such adjustment application.
       ``(K) Not later than 90 days after the last day of each 
     fiscal year, the Secretary of Homeland Security shall submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     and make available to the public, a report--
       ``(i) identifying the total number of aliens paroled into 
     the United States under this paragraph during the previous 
     fiscal year; and
       ``(ii) containing information and data regarding all aliens 
     paroled during such fiscal year, including--
       ``(I) the duration of parole;
       ``(II) the type of parole; and
       ``(III) the current status of the aliens so paroled.''.
       (b) Implementation.--
       (1) In general.--Except as provided in paragraph (2), this 
     section and the amendments made by this section shall take 
     effect on the date that is 30 days after the date of the 
     enactment of this Act.
       (2) Exceptions.--Notwithstanding paragraph (1)--
       (A) any application for parole or advance parole filed by 
     an alien before the date of the enactment of this Act shall 
     be adjudicated under the law that was in effect on the date 
     on which the application was properly filed and any approved 
     advance parole shall remain valid under the law that was in 
     effect on the date on which the advance parole was approved;
       (B) section 212(d)(5)(I) of the Immigration and Nationality 
     Act, as added by subsection (a), shall take effect on the 
     date of the enactment of this Act; and
       (C) aliens who were paroled into the United States pursuant 
     to section 212(d)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall 
     continue to be subject to the terms of parole that were in 
     effect on the date on which their respective parole was 
     approved.
       (c) Cause of Action.--Any person, State, or local 
     government that experiences financial harm in excess of 
     $1,000 due to a failure of the Federal Government to lawfully 
     apply the provisions of this section or the amendments made 
     by this section shall have standing to bring a civil action 
     against the Federal Government in an appropriate district 
     court of the United States.

     SEC. 1099. SEVERABILITY.

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