[Congressional Record Volume 170, Number 79 (Tuesday, May 7, 2024)]
[Senate]
[Pages S3552-S3558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2022. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, and Mr.
Cassidy) submitted an amendment intended to be proposed to amendment SA
1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth,
and Mr. Moran) to the bill H.R. 3935, to amend title 49, United States
Code, to reauthorize and improve the Federal Aviation Administration
and other civil aviation programs, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE XIV--FULFILLING PROMISES TO AFGHAN ALLIES
SEC. 1401. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on 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 1406(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. 1402. 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. 1403. 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
(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 title 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
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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 subparagraphs (A), (B), and (D) of
subsection (a)(2), and whose status was 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.
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(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 1403
of the FAA Reauthorization Act of 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. 1404. 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 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--
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(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. 1405. 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 title, 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.--
(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
[[Page S3556]]
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 title 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;
``(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. 1406. 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
[[Page S3557]]
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 FAA Reauthorization Act of 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 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. 1407. 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. 1408. 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 1403, 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 1403 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 1403 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,
[[Page S3558]]
with respect to individuals granted conditional permanent
resident status under section 1403--
(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. 1409. RULE OF CONSTRUCTION.
Except as expressly described in this title or an amendment
made by this title, nothing in this title or an amendment
made by this title 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.
______