[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S729-S735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1550. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, Mr. 
Wicker, Mr. Blumenthal, Mr. Cassidy, Mrs. Shaheen, Mr. Tillis, Mr. 
King, Mr. Mullin, Ms. Murkowski, Mr. Crapo, Mr. Graham, Mr. Rounds, 
Mrs. Capito, Mr. Reed, and Mr. Durbin) submitted an amendment intended 
to be proposed to amendment SA 1388 proposed by Mrs. Murray (for 
herself and Mr. Schumer) to the bill H.R. 815, to amend title 38, 
United States Code, to make certain improvements relating to the 
eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

            DIVISION C--FULFILLING PROMISES TO AFGHAN ALLIES

     SEC. 4101. DEFINITIONS.

       In this division:
       (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 Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security 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) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) 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) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 4106(a).
       (5) 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.
       (6) 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. 4102. SUPPORT FOR AFGHAN ALLIES OUTSIDE 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 the Secretary of State 
     considers necessary.

     SEC. 4103. 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 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     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;
       (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--
       (I) such parole has not been terminated by the Secretary 
     upon written notice; and

[[Page S730]]

       (II) the alien did not enter the United States at a 
     location between ports of entry along the southwest land 
     border; and
       (E) is admissible to the United States as an immigrant 
     under the applicable immigration laws, including eligibility 
     for waivers of grounds of inadmissibility to the extent 
     provided by the immigration laws and the terms of this 
     section.
       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Beginning on the date of the enactment of this Act, 
     the Secretary--
       (A) may adjust the status of each eligible individual to 
     that of an alien lawfully admitted for permanent residence 
     status, subject to the procedures established by the 
     Secretary to determine eligibility for conditional permanent 
     resident status; and
       (B) shall create for each eligible individual who is 
     granted adjustment of status under this section 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, or July 30, 2021, whichever is later,
       unless the Secretary determines, on a case-by-case basis, 
     that such individual is inadmissible under any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act (8 U.S.C. 
     1182) and is not eligible for a waiver of such grounds of 
     inadmissibility as provided by this division or by the 
     immigration laws.
       (2) Conditional basis.--An individual who obtains lawful 
     permanent resident status under this section shall be 
     considered, at the time of obtaining the status of an alien 
     lawfully admitted for permanent residence, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (c) Conditional Permanent Resident Status Described.--
       (1) Assessment.--
       (A) In general.--Before granting conditional permanent 
     resident status to an eligible individual under subsection 
     (b)(1), the Secretary 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 inadmissible under any 
     ground of inadmissibility under section 212 (other than 
     subsection (a)(4)) of the Immigration and Nationality Act (8 
     U.S.C. 1182) and is not eligible for a waiver of such grounds 
     of inadmissibility under paragraph (2)(C) or the immigration 
     laws.
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary may consult with the head of 
     any other relevant agency and review the holdings of any such 
     agency.
       (2) Removal of conditions.--
       (A) In general.--Not earlier than the date described in 
     subparagraph (B), the Secretary may remove the conditional 
     basis of the status of an individual granted conditional 
     permanent resident status under this section unless the 
     Secretary determines, on a case-by-case basis, that such 
     individual is inadmissible under any ground of 
     inadmissibility under paragraph (2) or (3) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)), 
     and is not eligible for a waiver of such grounds of 
     inadmissibility under subparagraph (C) or the immigration 
     laws.
       (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 the 
     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), to 
     determine eligibility for conditional permanent resident 
     status under subsection (b) or removal of conditions under 
     this paragraph, the Secretary may waive the application of 
     the grounds of inadmissibility under 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 may not waive under clause 
     (i) the application of subparagraphs (C) through (E) and (G) 
     through (H) of paragraph (2), or paragraph (3), of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)).
       (iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to expand or limit any other waiver 
     authority applicable under the immigration laws to an 
     individual who is otherwise eligible for adjustment of 
     status.
       (D) Timeline.--Not later than 180 days after the date 
     described in subparagraph (B), the Secretary shall, to the 
     greatest extent practicable, remove conditions as to all 
     individuals granted conditional permanent resident status 
     under this section who are eligible for removal of 
     conditions.
       (3) Treatment of conditional basis of status period for 
     purposes of naturalization.--An individual in conditional 
     permanent resident status under this section 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, 
     provided that, no alien granted conditional permanent 
     resident status shall be naturalized unless the alien's 
     conditions have been removed under this section.
       (d) Termination of Conditional Permanent Resident Status.--
     Conditional permanent resident status shall terminate on, as 
     applicable--
       (1) the date on which the Secretary removes the conditions 
     pursuant to subsection (c)(2), on which date the alien shall 
     be lawfully admitted for permanent residence without 
     conditions;
       (2) the date on which the Secretary determines that the 
     alien was not an eligible individual under subsection (a)(2) 
     as of the date that such conditional permanent resident 
     status was granted, on which date of the Secretary's 
     determination the alien shall no longer be an alien lawfully 
     admitted for permanent residence; or
       (3) the date on which the Secretary determines pursuant to 
     subsection (c)(2) that the alien is not eligible for removal 
     of conditions, on which date the alien shall no longer be an 
     alien lawfully admitted for permanent residence.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary at any time 
     to place in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) any alien 
     who has conditional permanent resident status under this 
     section, if the alien is deportable under section 237 of such 
     Act (8 U.S.C. 1227) under a ground of deportability 
     applicable to an alien who has been lawfully admitted for 
     permanent residence.
       (f) Parole Expiration Tolled.--The expiration date of a 
     period of parole shall not apply to an individual under 
     consideration for conditional permanent resident status under 
     this section, until such time as the Secretary has determined 
     whether to issue conditional permanent resident status.
       (g) Periodic Nonadversarial Meetings.--
       (1) In general.--Not later than 180 days after the date on 
     which an individual is conferred conditional permanent 
     resident status under this section, and periodically 
     thereafter, the Office of Refugee Resettlement shall make 
     available opportunities for the individual to participate in 
     a nonadversarial meeting, during which an official of the 
     Office of Refugee Resettlement (or an agency funded by the 
     Office) shall--
       (A) on request by the individual, assist the individual in 
     a referral or application for applicable benefits 
     administered by the Department of Health and Human Services 
     and completing any applicable paperwork; and
       (B) answer any questions regarding eligibility for other 
     benefits administered by the United States Government.
       (2) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under paragraph (1) is 
     scheduled to occur, the Secretary of Health and Human 
     Services shall provide notice to the individual that includes 
     the date of the scheduled meeting and a description of the 
     process for rescheduling the meeting.
       (3) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (A) meetings under paragraph (1) are conducted in a 
     nonadversarial manner; and
       (B) interpretation and translation services are provided to 
     individuals granted conditional permanent resident status 
     under this section who have limited English proficiency.
       (4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       (A) to prevent an individual from electing to have counsel 
     present during a meeting under paragraph (1); or
       (B) in the event that an individual declines to participate 
     in such a meeting, to affect the individual's conditional 
     permanent resident status under this section or eligibility 
     to have conditions removed in accordance with this section.
       (h) Consideration.--Except with respect to an application 
     for naturalization and the benefits described in subsection 
     (p), an individual in conditional permanent resident status 
     under this section 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.
       (i) Notification of Requirements.--Not later than 90 days 
     after the date on which the status of an individual is 
     adjusted to that of conditional permanent resident status 
     under this section, the Secretary shall provide notice to 
     such individual with respect to the provisions of this 
     section, including subsection (c)(1) (relating to the conduct 
     of assessments) and subsection (g) (relating to periodic 
     nonadversarial meetings).
       (j) Application for Naturalization.--The Secretary shall 
     establish procedures whereby an individual who would 
     otherwise be eligible to apply for naturalization but for 
     having conditional permanent resident status, may be 
     considered for naturalization coincident with removal of 
     conditions under subsection (c)(2).
       (k) Adjustment of Status Date.--
       (1) In general.--An alien described in paragraph (2) shall 
     be regarded as lawfully admitted for permanent residence as 
     of the date the alien was initially inspected and admitted or 
     paroled into the United States, or July 30, 2021, whichever 
     is later.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is described in subparagraph (A), (B), or (D) of 
     subsection (a)(2), and whose status was

[[Page S731]]

     adjusted to that of an alien lawfully admitted for permanent 
     residence on or after July 30, 2021, but on or before the 
     date of the enactment of this Act; or
       (B) is an eligible individual whose status is then adjusted 
     to that of an alien lawfully admitted for permanent residence 
     after the date of the enactment of this Act under any 
     provision of the immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary 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 
     issuance of guidance under paragraph (1), the Secretary 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''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.
       (n) Asylum Claims.--
       (1) In general.--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.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary 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 conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) 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 is under 
     consideration for, 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 5-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 whose status is adjusted under section 4103 
     of the National Security Act, 2024 to that of an alien 
     lawfully admitted for permanent residence or to that of an 
     alien lawfully admitted for permanent residence on a 
     conditional basis.''.
       (q) 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 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident 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 conditional permanent 
     resident status or lawful permanent resident 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).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize consideration of adjustment of status to an 
     alien lawfully admitted for permanent residence on a 
     conditional basis under this section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 4104. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--
       (1) In general.--In this section, the term ``Afghan ally'' 
     means an alien who is a citizen or national of Afghanistan, 
     or in the case of an alien having no nationality, an alien 
     who last habitually resided in Afghanistan, who--
       (A) was--
       (i) a member of--

       (I) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (II) the Afghanistan National Army Special Operations 
     Command;
       (III) the Afghan Air Force; or
       (IV) the Special Mission Wing of Afghanistan;

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

       (I) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (II) 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, counterterrorism, or counternarcotics;
       (v) an individual associated with the former Afghan 
     Ministry of Defense, Ministry of Interior Affairs, or court 
     system, and who was involved in the investigation, 
     prosecution or detention of combatants or members of the 
     Taliban or criminal networks affiliated with the Taliban;
       (vi) an individual employed in the former justice sector in 
     Afghanistan as a judge, prosecutor, or investigator who was 
     engaged in rule of law activities for which the United States 
     provided funding or training; or
       (vii) 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; or
       (B) provided service to an entity or organization described 
     in subparagraph (A) 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.
       (2) Inclusions.--For purposes of this section, 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.
       (b) Refugee Status for Afghan Allies.--
       (1) Designation as refugees of special humanitarian 
     concern.--Afghan allies shall be considered refugees of 
     special humanitarian concern under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), until the 
     later of 10 years after the date of enactment of this Act or 
     upon determination by the Secretary of State, in consultation 
     with the Secretary of Defense and the Secretary, that such 
     designation is no longer in the interest of the United 
     States.
       (2) Third country presence not required.--Notwithstanding 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
     shall, to the greatest extent possible, conduct remote 
     refugee processing for an Afghan ally located in Afghanistan.
       (c) Afghan Allies Referral Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense, in consultation with the 
     Secretary of State, shall establish a process by which an 
     individual may apply to the Secretary of Defense for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program; and
       (B) the head of any appropriate department or agency that 
     conducted operations in Afghanistan during the period 
     beginning on December 22, 2001, and ending on September 1, 
     2021, in consultation with the Secretary of State, may 
     establish a process by which an individual may apply to the 
     head of the appropriate department or agency for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program.
       (2) Application system.--
       (A) In general.--The process established under paragraph 
     (1) shall--
       (i) include the development and maintenance of a secure 
     online portal through

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     which applicants may provide information verifying their 
     status as Afghan allies and upload supporting documentation; 
     and
       (ii) allow--

       (I) an applicant to submit his or her own application;
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant; and
       (III) in the case of an applicant who is outside the United 
     States, the submission of an application regardless of where 
     the applicant is located.

       (B) Use by other agencies.--The Secretary of Defense--
       (i) may enter into arrangements with the head of any other 
     appropriate department or agency so as to allow the 
     application system established under subparagraph (A) to be 
     used by such department or agency; and
       (ii) shall notify the Secretary of State of any such 
     arrangement.
       (3) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     paragraph (1), the head of the appropriate department or 
     agency shall--
       (A) 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 or agency who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (iii) the data holdings of the department or agency and 
     other cooperating interagency partners, including as 
     applicable 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
       (B)(i) in a case in which the head of the department or 
     agency determines that the applicant is an Afghan ally 
     without significant derogatory information, refer the Afghan 
     ally to the United States Refugee Admissions Program as a 
     refugee; and
       (ii) include with such referral--

       (I) any service record concerned, if available;
       (II) if the applicant provides a service record, any 
     information that helps verify the service record concerned; 
     and
       (III) any biometrics for the applicant.

       (4) Review process for denial of request for referral.--
       (A) In general.--In the case of an applicant with respect 
     to whom the head of the appropriate department or agency 
     denies a request for classification and referral based on a 
     determination that the applicant is not an Afghan ally or 
     based on derogatory information--
       (i) the head of the department or agency 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 head of the 
     department or agency for each such denial.
       (B) Deadline for appeal.--An appeal under clause (ii) of 
     subparagraph (A) shall be submitted--
       (i) not more than 120 days after the date on which the 
     applicant concerned receives notice under clause (i) of that 
     subparagraph; or
       (ii) on any date thereafter, at the discretion of the head 
     of the appropriate department or agency.
       (C) Request to reopen.--
       (i) In general.--An applicant who receives a denial under 
     subparagraph (A) may submit a request to reopen a request for 
     classification and referral under the process established 
     under paragraph (1) 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 head of the appropriate 
     department or agency may deny subsequent requests to reopen 
     submitted by the same applicant.
       (5) Form and content of referral.--To the extent 
     practicable, the head of the appropriate department or agency 
     shall ensure that referrals made under this subsection--
       (A) conform to requirements established by the Secretary of 
     State for form and content; and
       (B) are complete and include sufficient contact 
     information, supporting documentation, and any other material 
     the Secretary of State or the Secretary consider necessary or 
     helpful in determining whether an applicant is entitled to 
     refugee status.
       (6) Termination.--The application process and referral 
     system under this subsection shall terminate upon the later 
     of 1 year before the termination of the designation under 
     subsection (b)(1) or on the date of a joint determination by 
     the Secretary of State and the Secretary of Defense, in 
     consultation with the Secretary, that such termination is in 
     the national interest of the United States.
       (d) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, the Secretary of State, or the head of any 
     appropriate department or agency referring Afghan allies 
     under this section may not charge any fee in connection with 
     a request for a classification and referral as a refugee 
     under this section.
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Representation.--An alien applying for admission to the 
     United States under 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.
       (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 has been classified as an Afghan ally and has been 
     referred as a refugee under 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 solely because the alien qualifies as an immediate 
     relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 4105. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate agreement with the 
     Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this division, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--

[[Page S733]]

       (1) 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'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--
       (i) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (ii) any other Federal Government official designated by 
     the President.
       (B) Relevant federal agency defined.--In this paragraph, 
     the term ``relevant Federal agency'' means--
       (i) the Department of State;
       (ii) the Department Homeland Security;
       (iii) the Department of Defense;
       (iv) the Department of Health and Human Services;
       (v) the Department of Justice; and
       (vi) the Office of the Director of National Intelligence.
       (3) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (4) Duties.--
       (A) Report.--
       (i) 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.

       (ii) Elements.--The report required under clause (i) shall 
     include--

       (I) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (aa) such nationals in Afghanistan and such nationals in a 
     third country;
       (bb) type of specified application; and
       (cc) 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 or 
     classification as an Afghan ally;
       (III) with respect to the strategy required under 
     subparagraph (A)(i)(I)--

       (aa) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (bb) a description of the process for safely resettling 
     such nationals of Afghanistan;
       (cc) 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;
       (dd) 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 to 
     increase the number of such nationals of Afghanistan who can 
     be safely processed or resettled;
       (ee) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (ff) an estimate of the cost to fully implement the 
     strategy; and
       (gg) any other matter the Task Force considers relevant to 
     the implementation of the strategy;

       (IV) with respect to the contingency plan required by 
     clause (i)(II)--

       (aa) 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;
       (bb) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (cc) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (dd) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund;
       (ee) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan; and

       (V) a strategy for the efficient processing of all Afghan 
     special immigrant visa applications and appeals, including--

       (aa) a review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process;
       (bb) an analysis of the expected Chief of Mission approvals 
     and denials of applications in the pipeline in order to 
     project the expected number of visas necessary to provide 
     special immigrant status to all approved applicants under 
     this division during the several years after the date of the 
     enactment of this Act;
       (cc) an assessment as to whether adequate guidelines exist 
     for reconsidering or reopening applications for special 
     immigrant visas in appropriate circumstances and consistent 
     with applicable laws; and
       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number of 
     refugees so determined, the number of aliens who were granted 
     asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Refugee applicants with pending security checks.--
       ``(A) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days.
       ``(B) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;

[[Page S734]]

       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters--
       ``(i) the number of circuit rides planned; and
       ``(ii) the number of individuals planned to be interviewed.
       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 4106. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) 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).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), as added by paragraph (1), 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 subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     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.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--

       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--

       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or
       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and
       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the National Security Act, 2024 and 
     every 90 days thereafter, the Secretary of State and the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Defense, shall submit to the appropriate 
     committees of Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants;
       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, 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) section 602 of 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) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) 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 under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an

[[Page S735]]

     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.

     SEC. 4107. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

       Notwithstanding any other provision of law, during the 
     period beginning on the date of the enactment of this Act and 
     ending on the date that is 10 years thereafter, the Secretary 
     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. 1151(b)(2)(A)(i) and 1153(a)), respectively.

     SEC. 4108. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 4103, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 4103 who have been determined 
     to be ineligible for removal of conditions (and the reasons 
     for such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 4103 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year, with respect to 
     individuals granted conditional permanent resident status 
     under section 4103--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

     SEC. 4109. RULE OF CONSTRUCTION.

       Except as expressly described in this division or an 
     amendment made by this division, nothing in this division or 
     an amendment made by this division may be construed to 
     modify, expand, or limit any law or authority to process or 
     admit refugees under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) or applicants for an 
     immigrant visa under the immigration laws.
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