No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2679 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2679
To fulfill promises to Afghan allies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2025
Ms. Klobuchar (for herself, Ms. Murkowski, Mr. Coons, Mr. Graham, Mr.
Blumenthal, Mr. Cassidy, Mr. Rounds, and Mrs. Shaheen) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To fulfill promises to Afghan allies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fulfilling Promises to Afghan Allies
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(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 7(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. 3. 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. 4. 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 Act 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 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 procedure
act.--Chapter 5 of title 5, United States Code
(commonly known as the ``Administrative Procedure
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 4 of the Fulfilling Promises to Afghan Allies
Act 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. 5. 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--
(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. 6. 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 Act, 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 of 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; and
(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 Act
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. 7. 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) 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 Fulfilling Promises
to Afghan Allies Act 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).''.
(c) 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. 8. 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. 9. 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 4, 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 4 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 4 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 4--
(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. 10. RULE OF CONSTRUCTION.
Except as expressly described in this Act or an amendment made by
this Act, nothing in this Act or an amendment made by this Act 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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