[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2784-S2788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 675. Ms. KLOBUCHAR (for herself, Mr. Graham, Mr. Coons, Mr. Moran, 
Mr. Blumenthal, Ms. Murkowski, Mrs. Shaheen, Mr. Tillis, and Mr. 
Durbin) submitted an amendment intended to be proposed by her 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--Afghan Adjustment Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Afghan Adjustment 
     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 1097 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. 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. 1094. 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. 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
       (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 1097 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

[[Page S2785]]

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

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

       (C) Form.--The report required under subparagraph (A) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (2) Briefing.--Not later than 60 days after submitting the 
     report required by paragraph (1), the Task Force shall brief 
     the appropriate committees of Congress on the contents of the 
     report.
       (e) Termination.--The Task Force shall remain in effect 
     until the earlier of--
       (1) the date on which the strategy required under 
     subsection (d)(1)(A)(i) has been fully implemented; or
       (2) the date that is 10 years after the date of the 
     enactment of this Act.

     SEC. 1096. 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

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     the Secretary of Homeland Security the existence of 
     extraordinary circumstances relating to the delay in 
     submission of the application.
       (g) Prohibition on Further Authorization of Parole.--An 
     individual described in subsection (a) who was paroled into 
     the United States shall not be authorized for an additional 
     period of parole if such individual fails to submit an 
     application for adjustment of status by the deadline 
     described in subsection (f).
       (h) Employment Authorization.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security may 
     extend the period of employment authorization provided to an 
     individual described in subparagraph (A) or (B) of subsection 
     (a)(2) to the extent that the individual has been granted any 
     additional period of parole.
       (i) Implementation.--
       (1) Interim guidance.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall issue guidance implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication, but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act'') shall not apply to the 
     guidance issued under this paragraph.
       (j) Administrative Review.--The Secretary of Homeland 
     Security shall provide applicants for adjustment of status 
     under this section with the same right to, and procedures 
     for, administrative review as are provided to applicants for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255).
       (k) Prohibition on Fees.--The Secretary of Homeland 
     Security may not charge a fee to any eligible individual in 
     connection with--
       (1) an application for adjustment of status or employment 
     authorization under this section; or
       (2) the initial issuance of a permanent resident card or an 
     employment authorization document under this section.
       (l) Pending Applications.--
       (1) In general.--During the period beginning on the date on 
     which an alien files a bona fide application for adjustment 
     of status under this section and ending on the date on which 
     the Secretary of Homeland Security makes a final 
     administrative decision regarding such application, an 
     applicant included in such application who remains in 
     compliance with all application requirements may not be--
       (A) removed from the United States unless the Secretary of 
     Homeland Security makes a prima facie determination that the 
     alien is, or has become, ineligible for adjustment of status 
     under this section;
       (B) considered unlawfully present under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); or
       (C) considered an unauthorized alien (as defined in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(h)(3))) if the alien has applied for and has been 
     issued an employment authorization document.
       (2) Effect on other applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary of Homeland Security may pause consideration of any 
     other application for immigration benefits pending 
     adjudication so as to prioritize an application for 
     adjustment of status pursuant to this subtitle.
       (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 1096 
     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 subtitle, 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. 1097. 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

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       (C) with respect to the alien, the Secretary of Defense has 
     made a positive recommendation under paragraph (3).
       (2) Alien described.--
       (A) In general.--An alien described in this paragraph is an 
     alien who--
       (i) is a citizen or national of Afghanistan;
       (ii) was--

       (I) a member of--

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

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

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

       (III) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (IV) an individual associated with former Afghan military 
     counterintelligence;
       (V) an individual associated with the former Afghan 
     Ministry of Defense who was involved in the prosecution and 
     detention of combatants; or
       (VI) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan;

       (iii) provided service to an entity or organization 
     described in clause (ii) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan; and
       (iv) is recommended positively by the Secretary of Defense 
     to the Secretary of State or the Secretary of Homeland 
     Security, based on a consideration of the information 
     described in paragraph (3)(A)(ii).
       (B) Inclusions.--For purposes of eligibility under this 
     paragraph, the Afghanistan National Defense and Security 
     Forces includes members of the security forces under the 
     Ministry of Defense and the Ministry of Interior Affairs of 
     the Islamic Republic of Afghanistan, including the 
     Afghanistan National Army, the Afghan Air Force, the 
     Afghanistan National Police, and any other entity designated 
     by the Secretary of Defense as part of the Afghanistan 
     National Defense and Security Forces during the relevant 
     period of service of the applicant concerned.
       (3) Department of defense recommendation.--
       (A) In general.--With respect to each principal applicant 
     under this section, as soon as practicable after receiving a 
     request for a recommendation, the Secretary of Defense 
     shall--
       (i) review--

       (I)(aa) the service record of the principal applicant, if 
     available; or
       (bb) if the principal applicant provides a service record, 
     any information that helps verify the service record 
     concerned; and
       (II) the data holdings of the Department of Defense and 
     other cooperating interagency partners, including biographic 
     and biometric records, iris scans, fingerprints, voice 
     biometric information, hand geometry biometrics, other 
     identifiable information, and any other information related 
     to the applicant, including relevant derogatory information;

       (ii) submit a positive or negative recommendation to the 
     Secretary of State or the Secretary of Homeland Security as 
     to whether the principal applicant meets the requirements 
     under paragraph (2) without significant derogatory 
     information; and
       (iii) submit with such recommendation--

       (I)(aa) any service record concerned, if available; or
       (bb) if the principal applicant provides a service record, 
     any information that helps verify the service record 
     concerned; and
       (II) any biometrics for the principal applicant that have 
     been collected by the Department of Defense.

       (B) Effect of no available service records.--If no service 
     records are available for a principal applicant, the 
     Secretary of Defense may review any referral from a former or 
     current official of the Department of Defense who has 
     knowledge of the principal applicant's service as described 
     in paragraph (2)(A)(ii).
       (C) Personnel to support recommendations.--Any limitation 
     in law on the number of personnel within the Office of the 
     Secretary of Defense, the military departments, or the 
     defense agencies shall not apply to personnel employed for 
     the primary purpose of carrying out this paragraph.
       (D) Review process for negative department of defense 
     recommendation.--
       (i) In general.--An applicant who has a negative 
     recommendation from the Department of Defense, as described 
     in subparagraph (A)(ii), or with derogatory information 
     shall--

       (I) receive a written notice of negative recommendation 
     from the Secretary of Defense that provides, to the maximum 
     extent practicable, information describing the basis for the 
     negative recommendation, including the facts and inferences, 
     or evidentiary gaps, underlying the individual determination; 
     and
       (II) be provided not more than 1 written appeal to the 
     Secretary of Defense for each such negative recommendation.

       (ii) Deadline for appeal.--An appeal under subclause (II) 
     of clause (i) shall be submitted not more than 120 days after 
     the date on which the applicant concerned receives a decision 
     under subclause (I) of that clause, or thereafter at the 
     discretion of the Secretary of Defense or the Secretary of 
     Homeland Security.
       (iii) Request to reopen.--

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

       (b) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--Section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is 
     amended--
       (1) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (c) General Provisions.--
       (1) Prohibition on fees.--The Secretary of Homeland 
     Security, the Secretary of Defense, or the Secretary of State 
     may not charge any fee in connection with an application for, 
     or issuance of, a special immigrant visa or special immigrant 
     status under--
       (A) this section or an amendment made by this section;
       (B) section 602 of the Afghan Allies Protection Act of 2009 
     ( 8 U.S.C. 1101 note; Public Law 111-8); or
       (C) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163).
       (2) Representation.--An alien applying for admission to the 
     United States under this section, or an amendment made by 
     this section, may be represented during the application 
     process, including at relevant interviews and examinations, 
     by an attorney or other accredited representative. Such 
     representation shall not be at the expense of the United 
     States Government.
       (3) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under this section may not exceed 11,500 each 
     fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under this section during the given fiscal 
     year.
       (C) Maximum number of visas.--The total number of principal 
     aliens who may be provided special immigrant visas under this 
     section shall not exceed 34,500.
       (D) Duration of authority.--The authority to issue visas 
     under this section shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (4) Exclusion from numerical limitations.--Aliens provided 
     special immigrant visas under this section, or an amendment 
     made by this section, shall not be counted against any 
     numerical limitation under sections 201(d), 202(a), or 
     203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1151(d), 1152(a), and 1153(b)(4)) or section 602 of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8).
       (5) Order of consideration.--Immigrant visas shall be made 
     available under this section to eligible immigrants in the 
     order in which the Secretary of Defense has issued a 
     recommendation under subsection (a)(3), subject to the 
     requirements of the adjudication process.
       (6) Protection of aliens.--The Secretary of State, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under this 
     section, or an amendment made by this section, protection or 
     to immediately remove such alien from Afghanistan, if 
     possible.
       (7) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section, or an amendment made by this section, solely because 
     the alien qualifies as an immediate relative or is eligible 
     for any other immigrant classification.
       (8) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States as a special 
     immigrant under this section or an amendment made by this 
     section shall be eligible for resettlement assistance, 
     entitlement programs, and other benefits available to 
     refugees admitted under

[[Page S2788]]

     section 207 of such Act (8 U.S.C. 1157) to the same extent, 
     and for the same periods of time, as such refugees.
       (9) Adjustment of status.--Notwithstanding paragraph (2), 
     (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subparagraph (N) of section 101(a)(27) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) or 
     subsection (a)(2) of this section to that of an alien 
     lawfully admitted for permanent residence under subsection 
     (a) of such section 245 if the alien--
       (A) was paroled or admitted as a nonimmigrant into the 
     United States; and
       (B) is otherwise eligible for status as a special immigrant 
     under--
       (i) this section; or
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (10) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security, the 
     Secretary of State, the Secretary of Defense, and the 
     Secretary of Health and Human Services such sums as are 
     necessary for each of the fiscal years 2023 through 2033 to 
     carry out this section and the amendments made by this 
     section.

     SEC. 1098. 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. 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.

     SEC. 1099A. DATE LIMITATION.

       The Secretary of Homeland Security may not grant an 
     application for adjustment of status under section 1096 or an 
     application for special immigrant status under section 1097, 
     or an amendment made by section 1097, before the Secretary 
     has implemented the vetting procedures required by this 
     subtitle, and in no event before January 1, 2024.
                                 ______