,,ii #aahth ,,congress #ast ,session ,s4 #bcbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ac1 #bjbc,ms4 ,klobuchar 7for herself1 ,mr4 ,graham1 ,mr4 ,coons1 ,mr4 ,moran1 ,mr4 ,blumenthal1 ,ms4 ,murkowski1 ,mrs4 ,shaheen1 ,mr4 ,wicker1 ,mr4 ,tillis1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide support for nationals of ,afghanistan who supported the ,united ,states mission in ,afghanistan1 adequate vetting for parolees from ,afghanistan1 adjustment of status for eligible individuals1 and special immigrant status for at-risk ,afghan allies and relatives of certain members of the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,afghan ,adjustment ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,foreign ,relations of the ,senate2 7,c7 the ,committee on ,armed ,services of the ,senate2 7,d7 the ,committee on ,appropriations of the ,senate2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,g7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,h7 the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,immigration laws ,the term immigration laws has the meaning given such term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#c7 ,special immigrant status ,the term special immigrant status means special immigrant status provided under-- 7,a7 the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h72 7,b7 section #ajei of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aji-afc72 or 7,c7 section #g or an amendment made by such section4 7#d7 ,specified application ,the term specified application means-- 7,a7 a pending1 documentarily complete application for special immigrant status2 and 7,b7 a case in processing in the ,united ,states ,refugee ,admissions ,program for an individual who has received a ,priority #a or ,priority #b referral to such program4 7#e7 ,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 #aja7;a77#db71 #bjg1 and #dab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db71 #aaeg1 and #aebb74 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 nationals of ,afghanistan residing outside the ,united ,states who meet the requirements for admission to the ,united ,states through a specified special immigrant visa application have demonstrably aided the ,united ,states mission in ,afghanistan during the past #bj years2 and 7#b7 the ,united ,states should increase support for such nationals of ,afghanistan4 #d4 ,support for ,afghan allies outside of the ,united ,states 7a7 ,response to congressional inquiries ,the ,secretary of ,state shall respond to inquiries by ,members of ,congress regarding the status of a specified application submitted by1 or on behalf of1 a national of ,afghanistan1 including any information that has been provided to the applicant1 in accordance with section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f774 7b7 ,office in lieu of embassy ,during the period in which there is no operational ,united ,states embassy in ,afghanistan1 the ,secretary of ,state shall designate an appropriate office within the ,department of ,state-- 7#a7 to review specified applications submitted by nationals of ,afghanistan residing in ,afghanistan1 including by conducting any required interviews2 7#b7 to issue visas or other travel documents to such nationals1 in accordance with the immigration laws2 7#c7 to provide services to such nationals1 to the greatest extent practicable1 that would normally be provided by an embassy2 and 7#d7 to carry out any other function that the ,secretary considers necessary4 #e4 ,interagency ,task ,force on ,afghan ,ally ,strategy 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall establish an ,interagency ,task ,force on ,afghan ,ally ,strategy 7referred to in this section as the ,task ,force7-- 7#a7 to develop and oversee the implementation of the strategy and contingency plan described in subsection 7d77#a77;,a72 and 7#b7 to submit the report1 and provide a briefing on the report1 as described in subsection 7d74 7b7 ,membership 7#a7 ,in general ,the ,task ,force shall include-- 7,a7 #a or more representatives from each relevant ,federal agency1 as designated by the head of the applicable relevant ,federal agency2 and 7,b7 any other ,federal ,government official designated by the ,president4 7#b7 ,defined term ,in this subsection1 the term relevant ,federal agency means-- 7,a7 the ,department of ,state2 7,b7 the ,department ,homeland ,security2 7,c7 the ,department of ,defense2 7,d7 the ,department of ,health and ,human ,services2 7,e7 the ,federal ,bureau of ,investigation2 and 7,f7 the ,office of the ,director of ,national ,intelligence4 7c7 ,chair ,the ,task ,force shall be chaired by the ,secretary of ,state4 7d7 ,duties 7#a7 ,report 7,a7 ,in general ,not later than #ahj days after the date on which the ,task ,force is established1 the ,task ,force1 acting through the chair of the ,task ,force1 shall submit a report to the appropriate committees of ,congress that includes-- 7i7 a strategy for facilitating the resettlement of nationals of ,afghanistan outside the ,united ,states who1 during the period beginning on ,october #a1 #bjja1 and ending on ,september #a1 #bjba1 directly and personally supported the ,united ,states mission in ,afghanistan1 as determined by the ,secretary of ,state in consultation with the ,secretary of ,defense2 and 7ii7 a contingency plan for future emergency operations in foreign countries involving foreign nationals who have worked directly with the ,united ,states ,government1 including the ,armed ,forces of the ,united ,states and ,united ,states intelligence agencies4 7,b7 ,elements ,the report required under subparagraph 7,a7 shall include-- 7i7 the total number of nationals of ,afghanistan who have pending specified applications1 disaggregated by-- 7,i7 such nationals in ,afghanistan and such nationals in a third country2 7,,ii7 type of specified application2 and 7,,iii7 applications that are documentarily complete and applications that are not documentarily complete2 7ii7 an estimate of the number of nationals of ,afghanistan who may be eligible for special immigrant status under section #g or an amendment made by such section2 7iii7 with respect to the strategy required under subparagraph 7,a77i7-- 7,i7 the estimated number of nationals of ,afghanistan described in such subparagraph2 7,,ii7 a description of the process for safely resettling such nationals2 7,,iii7 a plan for processing such nationals of ,afghanistan for admission to the ,united ,states1 that-- 7aa7 discusses the feasibility of remote processing for such nationals of ,afghanistan residing in ,afghanistan2 7bb7 includes any strategy for facilitating refugee and consular processing for such nationals of ,afghanistan in third countries1 and the timelines for such processing2 7cc7 includes a plan for conducting rigorous and efficient vetting of all such nationals of ,afghanistan for processing2 7dd7 discusses the availability and capacity of sites in third countries to process applications and conduct any required vetting for such nationals of ,afghanistan1 including the potential to establish additional sites2 and 7ee7 includes a plan for providing updates and necessary information to affected individuals and relevant nongovernmental organizations2 7,,iv7 a description of considerations1 including resource constraints1 security concerns1 missing or inaccurate information1 and diplomatic considerations1 that limit the ability of the ,secretary of ,state or the ,secretary of ,homeland ,security to increase the number of such nationals of ,afghanistan who can be safely processed or resettled2 7,v7 an identification of any resource or additional authority necessary to increase the number of such nationals of ,afghanistan who can be processed or resettled2 7,,vi7 an estimate of the cost to fully implement the strategy2 and 7,,vii7 any other matter the ,task ,force considers relevant to the implementation of the strategy2 and 7iv7 with respect to the contingency plan required by subparagraph 7,a77ii7-- 7,i7 a description of the standard practices for screening and vetting foreign nationals considered to be eligible for resettlement in the ,united ,states1 including a strategy for vetting1 and maintaining the records of1 such foreign nationals who are unable to provide identification documents or biographic details due to emergency circumstances2 7,,ii7 a strategy for facilitating refugee or consular processing for such foreign nationals in third countries2 7,,iii7 clear guidance with respect to which ,federal agency has the authority and responsibility to coordinate ,federal resettlement efforts2 7,,iv7 a description of any resource or additional authority necessary to coordinate ,federal resettlement efforts1 including the need for a contingency fund2 and 7,v7 any other matter the ,task ,force considers relevant to the implementation of the contingency plan4 7,c7 ,form ,the report required under subparagraph 7,a7 shall be submitted in unclassified form1 but may include a classified annex4 7#b7 ,briefing ,not later than #fj days after submitting the report required by paragraph 7#a71 the ,task ,force shall brief the appropriate committees of ,congress on the contents of the report4 7e7 ,termination ,the ,task ,force shall remain in effect until the earlier of-- 7#a7 the date on which the strategy required under subsection 7d77#a77;,a77i7 has been fully implemented2 or 7#b7 the date that is #aj years after the date of the enactment of this ,act4 #f4 ,adjustment of status for eligible individuals 7a7 ,defined term ,in this section1 the term eligible individual means an alien who-- 7#a7 is present in the ,united ,states-- 7#b7 is a citizen or national of ,afghanistan or1 in the case of an alien having no nationality1 is a person who last habitually resided in ,afghanistan2 and 7#c7 7,a7 was inspected and admitted to the ,united ,states on or before the date of the enactment of this ,act2 7,b7 was paroled into the ,united ,states during the period beginning on ,july #cj1 #bjba1 and ending on the date of the enactment of this ,act1 provided that such parole has not been terminated by the ,secretary of ,homeland ,security upon written notice2 or 7,c7 7i7 was admitted or paroled into the ,united ,states after the date of the enactment of this ,act2 and 7ii7 has been determined by the ,secretary of ,homeland ,security1 in cooperation with the ,secretary of ,defense and other ,federal agency partners1 to have directly and personally supported the ,united ,states mission in ,afghanistan1 to an extent considered comparable to the support provided by individuals who have received ,chief of ,mission approval as part of their application for special immigrant status4 7b7 ,adjustment of status ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall adjust the status of an eligible individual to the status of an alien lawfully admitted for permanent residence if-- 7#a7 the eligible individual-- 7,a7 submits an application for adjustment of status in accordance with procedures established by the ,secretary2 and 7,b7 meets the requirements of this section2 and 7#b7 the ,secretary determines1 in the unreviewable discretion of the ,secretary1 that the adjustment of status of the eligible individual is not contrary to the national interest1 public safety1 or national security of the ,united ,states4 7c7 ,admissibility 7#a7 ,in general ,subject to paragraph 7#b71 the provisions of section #bji7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7;c77 7relating to the admissibility of refugees seeking adjustment of status7 shall apply to applicants for adjustment of status under this section4 7#b7 ,additional limitations on admissibility ,the ,secretary of ,homeland ,security may not waive under section #bji7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7;c77-- 7,a7 any ground of inadmissibility under paragraph 7#c7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 or 7,b7 any applicable ground of inadmissibility under paragraph 7#b7 of that section that arises due to criminal conduct that was committed in the ,united ,states on or after ,july #cj1 #bjba4 7#c7 ,rule of construction ,nothing in this subsection may be construed to limit any other waiver authority applicable under the immigration laws to an applicant for adjustment of status4 7d7 ,interview and vetting requirements 7#a7 ,requirements for in-person interview and vetting 7,a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense and1 as appropriate1 the ,attorney ,general1 shall establish vetting requirements for applicants seeking adjustment of status under this section that are equivalent in rigor to the vetting requirements for refugees admitted to the ,united ,states through the ,united ,states ,refugee ,admissions ,program by conducting-- 7i7 an in-person interview 7except in the case of a child who was younger than #aj years of age at the time of admission or parole72 7ii7 biometric and biographic screening to identify any derogatory information associated with applicants2 7iii7 a review and analysis of the data holdings of the ,department of ,defense1 the ,department of ,homeland ,security1 and other cooperating interagency partners1 including biographic and biometric records1 iris scans1 fingerprints1 voice biometric information1 hand geometry biometrics1 and other identifiable information2 and 7iv7 a review of the information required to be collected under paragraph 7#b74 7,b7 ,clearance of vetting requirements 7i7 ,in general ,the ,secretary of ,homeland ,security may not adjust the status of an eligible individual to that of an alien lawfully admitted for permanent residence under this section until-- 7,i7 the vetting requirements described in subparagraph 7,a7 have been implemented2 and 7,,ii7 the eligible individual clears the vetting requirements established under subparagraph 7,a74 7ii7 ,prioritization ,the ,secretary of ,homeland ,security shall prioritize the vetting of applicants under this paragraph in a manner that best ensures national security4 7iii7 ,previous vetting ,the ,secretary of ,homeland ,security shall conduct the vetting requirements established under subparagraph 7,a7 with respect to each applicant for adjustment of status under this section regardless of whether the applicant has undergone previous vetting4 7,c7 ,interview at port of entry ,an interview of an individual by a ,u4,s4 ,customs and ,border ,protection official at a port of entry shall not be considered to satisfy the in-person interview requirement under subparagraph 7,a77i74 7,d7 ,rule of construction ,nothing in this paragraph may be construed to require1 as part of the vetting requirements under this subsection1 that the ,secretary of ,homeland ,security collect from an applicant any biometric information that the ,department of ,homeland ,security already has on file4 7#b7 ,vetting database requirement 7,a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense and1 as appropriate1 partners in the intelligence community 7including officials of the ,department of ,state1 the ,federal ,bureau of ,investigation1 and the ,national ,counterterrorism ,center71 shall maintain records that contain1 for each applicant under this section for the duration of the pendency of their application for adjustment of status-- 7i7 personal biographic information1 including name and date of birth2 7ii7 biometric information1 including1 where available1 iris scans1 photographs1 and fingerprints2 and 7iii7 the results of all vetting by the ,united ,states ,government to which the applicant has submitted1 including whether the individual has undergone an in-person vetting interview1 and any recurrent vetting4 7,b7 ,information sharing ,in response to a request from the ,secretary of ,homeland ,security1 in accordance with subparagraph 7,a71 ,federal agencies shall share information to the extent authorized by law4 7#c7 ,rule of construction ,nothing in this subsection may be construed to limit the authority of the ,secretary of ,homeland ,security to maintain records under any other law4 7e7 ,record of admission 7#a7 ,priority for those who supported the ,united ,states mission in ,afghanistan ,upon the approval of an application for adjustment of status under this section submitted by an applicant 7and the spouse and child of an applicant1 if otherwise eligible for adjustment of status under this section7 who submits documentation establishing that the applicant has received ,chief of ,mission approval as part of their application for special immigrant status1 the ,secretary of ,homeland ,security shall create a record of the alien's admission as a lawful permanent resident as of the date on which the alien was inspected and admitted or paroled into the ,united ,states4 7#b7 ,other applicants ,upon the approval of an application for adjustment of status under this section submitted by an applicant other than an applicant described in paragraph 7#a71 the ,secretary of ,homeland ,security shall create a record of the alien's admission as a lawful permanent resident as of the date on which the alien's application for adjustment of status under this section was approved4 7f7 ,deadline for application 7#a7 ,in general ,except as provided in paragraph 7#b71 an individual described in subsection 7a7 may only adjust status under this section if the individual submits an application for adjustment of status not later than the later of-- 7,a7 the date that is #b years after the date on which final guidance described in subsection 7i77#b7 is published2 or 7,b7 the date that is #b years after the date on which such individual becomes eligible to apply for adjustment of status under this section4 7#b7 ,exception ,an application under this section may be considered after the applicable date described in paragraph 7#a71 if the applicant demonstrates to the satisfaction of the ,secretary of ,homeland ,security the existence of extraordinary circumstances relating to the delay in submission of the application4 7g7 ,prohibition on further authorization of parole ,an individual described in subsection 7a7 who was paroled into the ,united ,states shall not be authorized for an additional period of parole if such individual fails to submit an application for adjustment of status by the deadline described in subsection 7f74 7h7 ,employment authorization ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security may extend the period of employment authorization provided to an individual described in subparagraph 7,a7 or 7,b7 of subsection 7a77#b7 to the extent that the individual has been granted any additional period of parole4 7i7 ,implementation 7#a7 ,interim guidance 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue guidance implementing this section4 7,b7 ,publication ,notwithstanding section #eec of title #e1 ,united ,states ,code1 guidance issued pursuant to subparagraph 7,a7-- 7i7 may be published on the internet website of the ,department of ,homeland ,security2 and 7ii7 shall be effective on an interim basis immediately upon such publication1 but may be subject to change and revision after notice and an opportunity for public comment4 7#b7 ,final guidance 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall finalize the guidance implementing this section4 7,b7 ,exemption from the administrative procedures act ,chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedures ,act7 shall not apply to the guidance issued under this paragraph4 7j7 ,administrative review ,the ,secretary of ,homeland ,security shall provide applicants for adjustment of status under this section with the same right to1 and procedures for1 administrative review as are provided to applicants for adjustment of status under section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee74 7k7 ,prohibition on fees ,the ,secretary of ,homeland ,security may not charge a fee to any eligible individual in connection with-- 7#a7 an application for adjustment of status or employment authorization under this section2 or 7#b7 the initial issuance of a permanent resident card or an employment authorization document under this section4 7l7 ,pending applications 7#a7 ,in general ,during the period beginning on the date on which an alien files a bona fide application for adjustment of status under this section and ending on the date on which the ,secretary of ,homeland ,security makes a final administrative decision regarding such application1 an applicant included in such application who remains in compliance with all application requirements may not be-- 7,a7 removed from the ,united ,states unless the ,secretary of ,homeland ,security makes a prima facie determination that the alien is1 or has become1 ineligible for adjustment of status under this section2 7,b7 considered unlawfully present under section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 or 7,c7 considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c777 if the alien has applied for and has been issued an employment authorization document4 7#b7 ,effect on other applications ,notwithstanding any other provision of law1 in the interest of efficiency1 the ,secretary of ,homeland ,security may pause consideration of any other application for immigration benefits pending adjudication so as to prioritize an application for adjustment of status pursuant to this ,act4 7m7 ,eligibility for benefits 7#a7 ,in general ,notwithstanding any other provision of law-- 7,a7 an individual described in subsection 7a7 of section #bejb of the ,afghanistan ,supplemental ,appropriations ,act1 #bjbb 7#h ,u4,s4,c4 #aaja note1 ,public ,law #aag-dc7 shall retain his or her eligibility for the benefits and services described in subsection 7b7 of such section if the individual has a pending application under this section or is granted adjustment of status under this section2 and 7,b7 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 status4 7#b7 ,exception from five-year limited eligibility for means-tested public benefits ,section #djc7;b77#a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac7;b77#a77 is amended by adding at the end the following3 7,f7 ,an alien who status is adjusted to that of an alien lawfully admitted for permanent residence under section #f of the ,afghan ,adjustment ,act4 4 7n7 ,parents and legal guardians of unaccompanied children ,a parent or legal guardian of an eligible individual shall be eligible for adjustment of status under this section if-- 7#a7 the eligible individual was under #ah years of age on the date on which the eligible individual was admitted or paroled into the ,united ,states2 and 7#b7 such parent or legal guardian was paroled into or admitted to the ,united ,states after the date referred to in paragraph 7#a74 7o7 ,exemption from numerical limitations 7#a7 ,in general ,aliens granted adjustment of status under this section shall not be subject to the numerical limitations under sections #bja1 #bjb1 and #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 7#b7 ,spouse and children beneficiaries ,a spouse or child who is the beneficiary of an immigrant petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 filed by an alien who has been granted adjustment of status under this section1 seeking classification of the spouse or child under section #bjc7;a77#b77;,a7 of that ,act 7#h ,u4,s4,c4 #aaec7;a77#b77;,a77 shall not be subject to the numerical limitations under sections #bja1 #bjb1 and #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 7p7 ,notification of eligible individuals ,the ,secretary of ,homeland ,security shall make reasonable efforts to notify eligible individuals1 including eligible individuals who independently departed ,united ,states ,government facilities1 with respect to-- 7#a7 the requirements for applying to adjust status under this section2 7#b7 the deadline for submitting an application2 and 7#c7 the consequences under subsection 7g7 for failing to apply for adjustment of status4 7q7 ,reporting requirements 7#a7 ,report and consultation on vetting requirements 7,a7 ,initial congressional consultation on vetting ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,defense shall jointly inform and consult with the appropriate committees of ,congress1 in a classified or unclassified setting1 with respect to the vetting requirements for applicants seeking adjustment of status under this section1 including the nature of the interview and biometric and biographical screening processes required for such applicants and the amount of time needed by the agencies to set up the procedures and database required by this section4 7,b7 ,second congressional consultation on vetting ,not later than the earlier of the date that is #ahj days after the date of the enactment of this ,act or the date on which the ,secretary of ,homeland ,security begins accepting applications for adjustment of status under this ,act1 the ,secretary shall provide to the appropriate committees of ,congress with a second consultation on-- 7i7 the status of the vetting under this section1 including the steps the ,secretary has taken to respond to feedback provided during the initial consultation under subparagraph 7,a72 and 7ii7 the progress of the ,secretary toward fully setting up the procedures and database required by this section4 7#b7 ,briefing 7,a7 ,in general ,not later than #a year after the application deadline under subsection 7f77#a77;,a71 the ,secretary of ,homeland ,security shall provide the appropriate committees of ,congress with a briefing on the status of the vetting under this section of eligible individuals1 including a plan for addressing any identified security concerns4 7,b7 ,element ,the briefing required by subparagraph 7,a7 shall include information on individuals who are eligible for adjustment of status under this section but did not-- 7i7 submit an application for adjustment of status under this section2 or 7ii7 meet the requirements of subsection 7f77#b74 7#c7 ,information request by ,member of ,congress ,upon request by a ,member of ,congress on behalf of an applicant or by any of the appropriate committees of ,congress1 the ,secretary of ,homeland ,security shall provide1 in a classified or an unclassified setting1 as appropriate1 the basis for an exercise of discretion under subsection 7b77#b7 that resulted in the denial of an application for adjustment of status4 7r7 ,rule of construction ,nothing in this section may be construed to preclude an eligible individual from applying for or receiving any immigration benefit to which the eligible individual is otherwise entitled4 7s7 ,authorization for appropriations ,there is authorized to be appropriated to the ,secretary of ,homeland ,security #bj1jjj1jjj for each of the fiscal years #bjbc through #bjbg to carry out this section4 #g4 ,new category of special immigrant visas for at-risk ,afghan allies and relatives of certain members of the ,armed ,forces 7a7 ,at-,risk ,afghan allies 7#a7 ,in general ,the ,secretary of ,homeland ,security1 or1 notwithstanding any other provision of law1 the ,secretary of ,state may provide an alien described in paragraph 7#b7 7and the spouse and children of the alien if accompanying or following to join the alien7 with the status of a special immigrant under section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 if-- 7,a7 the alien or an agent acting on behalf of the alien submits a request for a recommendation under paragraph 7#c72 7,b7 the alien is otherwise admissible to the ,united ,states and eligible for lawful permanent residence 7excluding the grounds of inadmissibility under section #bab7;a77#d7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#d7772 and 7,c7 with respect to the alien1 the ,secretary of ,defense has made a positive recommendation under paragraph 7#c74 7#b7 ,alien described 7,a7 ,in general ,an alien described in this paragraph is an alien who-- 7i7 is a citizen or national of ,afghanistan2 7ii7 was-- 7,i7 a member of-- 7aa7 the special operations forces of the ,afghanistan ,national ,defense and ,security ,forces2 7bb7 the ,afghanistan ,national ,army ,special ,operations ,command2 7cc7 the ,afghan ,air ,force2 or 7dd7 the ,special ,mission ,wing of ,afghanistan2 7,,ii7 a female member of any other entity of the ,afghanistan ,national ,defense and ,security ,forces1 including-- 7aa7 a cadet or instructor at the ,afghanistan ,national ,defense ,university2 and 7bb7 a civilian employee of the ,ministry of ,defense or the ,ministry of ,interior ,affairs2 7,,iii7 an individual associated with former ,afghan military and police human intelligence activities1 including operators and ,department of ,defense sources2 7,,iv7 an individual associated with former ,afghan military counterintelligence2 7,v7 an individual associated with the former ,afghan ,ministry of ,defense who was involved in the prosecution and detention of combatants2 or 7,,vi7 a senior military officer1 senior enlisted personnel1 or civilian official who served on the staff of the former ,ministry of ,defense or the former ,ministry of ,interior ,affairs of ,afghanistan2 7iii7 provided service to an entity or organization described in clause 7ii7 for not less than #a year during the period beginning on ,december #bb1 #bjja1 and ending on ,september #a1 #bjba1 and did so in support of the ,united ,states mission in ,afghanistan2 and 7iv7 is recommended positively by the ,secretary of ,defense to the ,secretary of ,state or the ,secretary of ,homeland ,security1 based on a consideration of the information described in paragraph 7#c77;,a77ii74 7,b7 ,inclusions ,for purposes of eligibility under this paragraph1 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 ,afghanistan1 including the ,afghanistan ,national ,army1 the ,afghan ,air ,force1 the ,afghanistan ,national ,police1 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 concerned4 7#c7 ,department of ,defense recommendation 7,a7 ,in general ,with respect to each principal applicant under this section1 as soon as practicable after receiving a request for a recommendation1 the ,secretary of ,defense shall-- 7i7 review-- 7,i7 7aa7 the service record of the principal applicant1 if available2 or 7bb7 if the principal applicant provides a service record1 any information that helps verify the service record concerned2 and 7,,ii7 the data holdings of the ,department of ,defense and other cooperating interagency partners1 including biographic and biometric records1 iris scans1 fingerprints1 voice biometric information1 hand geometry biometrics1 other identifiable information1 and any other information related to the applicant1 including relevant derogatory information2 7ii7 submit a positive or negative recommendation to the ,secretary of ,state or the ,secretary of ,homeland ,security as to whether the principal applicant meets the requirements under paragraph 7#b7 without significant derogatory information2 and 7iii7 submit with such recommendation-- 7,i7 7aa7 any service record concerned1 if available2 or 7bb7 if the principal applicant provides a service record1 any information that helps verify the service record concerned2 and 7,,ii7 any biometrics for the principal applicant that have been collected by the ,department of ,defense4 7,b7 ,effect of no available service records ,if no service records are available for a principal applicant1 the ,secretary of ,defense may review any referral from a former or current official of the ,department of ,defense who has knowledge of the principal applicant's service as described in paragraph 7#b77;,a77ii74 7,c7 ,personnel to support recommendations ,any limitation in law on the number of personnel within the ,office of the ,secretary of ,defense1 the military departments1 or the defense agencies shall not apply to personnel employed for the primary purpose of carrying out this paragraph4 7,d7 ,review process for negative ,department of ,defense recommendation 7i7 ,in general ,an applicant who has a negative recommendation from the ,department of ,defense1 as described in subparagraph 7,a77ii71 or with derogatory information shall-- 7,i7 receive a written notice of negative recommendation from the ,secretary of ,defense that provides1 to the maximum extent practicable1 information describing the basis for the negative recommendation1 including the facts and inferences1 or evidentiary gaps1 underlying the individual determination2 and 7,,ii7 be provided not more than #a written appeal to the ,secretary of ,defense for each such negative recommendation4 7ii7 ,deadline for appeal ,an appeal under subclause 7,,ii7 of clause 7i7 shall be submitted not more than #abj days after the date on which the applicant concerned receives a decision under subclause 7,i7 of that clause1 or thereafter at the discretion of the ,secretary of ,defense or the ,secretary of ,homeland ,security4 7iii7 ,request to reopen 7,i7 ,in general ,an applicant who receives a negative recommendation under clause 7i7 may submit a request for a ,department of ,defense recommendation so that the applicant may provide additional information1 clarify existing information1 or explain any unfavorable information4 7,,ii7 ,limitation ,after considering #a such request to reopen from an applicant1 the ,secretary of ,defense may deny subsequent requests to reopen submitted by the same applicant4 7b7 ,special immigrant visas for certain relatives of certain members of the ,armed ,forces ,section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 is amended-- 7#a7 in subparagraph 7,l77iii71 by adding a semicolon at the end2 7#b7 in subparagraph 7,m71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,n7 a citizen or national of ,afghanistan who is the parent or brother or sister of-- 7i7 a member of the armed forces 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code72 or 7ii7 a veteran 7as defined in section #aja of title #ch1 ,united ,states ,code74 4 7c7 ,general provisions 7#a7 ,prohibition on fees ,the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 or the ,secretary of ,state may not charge any fee in connection with an application for1 or issuance of1 a special immigrant visa or special immigrant status under-- 7,a7 this section or an amendment made by this section2 7,b7 section #fjb of the ,afghan ,allies ,protection ,act of #bjji 7 #h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h72 or 7,c7 section #ajei of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjf 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aji-afc74 7#b7 ,representation ,an alien applying for admission to the ,united ,states under this section1 or an amendment made by this section1 may be represented during the application process1 including at relevant interviews and examinations1 by an attorney or other accredited representative4 ,such representation shall not be at the expense of the ,united ,states ,government4 7#c7 ,numerical limitations 7,a7 ,in general ,subject to subparagraph 7,c71 the total number of principal aliens who may be provided special immigrant visas under this section may not exceed #aa1ejj each fiscal year4 7,b7 ,carryover ,if the numerical limitation specified in subparagraph 7,a7 is not reached during a given fiscal year1 the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between-- 7i7 the numerical limitation specified in subparagraph 7,a7 for the given fiscal year2 and 7ii7 the number of principal aliens provided special immigrant visas under this section during the given fiscal year4 7,c7 ,maximum number of visas ,the total number of principal aliens who may be provided special immigrant visas under this section shall not exceed #cd1ejj4 7,d7 ,duration of authority ,the authority to issue visas under this section shall-- 7i7 commence on the date of the enactment of this ,act2 and 7ii7 terminate on the date on which all such visas are exhausted4 7#d7 ,exclusion from numerical limitations ,aliens provided special immigrant visas under this section1 or an amendment made by this section1 shall not be counted against any numerical limitation under sections #bja7;d71 #bjb7;a71 or #bjc7;b77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d71 #aaeb7;a71 and #aaec7;b77#d77 or section #fjb of the ,afghan ,allies ,protection ,act of #bjji 7#h ,u4,s4,c4 #aaja note2 ,public ,law #aaa-h74 7#e7 ,order of consideration ,immigrant visas shall be made available under this section to eligible immigrants in the order in which the ,secretary of ,defense has issued a recommendation under subsection 7a77#c71 subject to the requirements of the adjudication process4 7#f7 ,protection of aliens ,the ,secretary of ,state1 in consultation with the heads of other appropriate ,federal agencies1 shall make a reasonable effort to provide an alien who is seeking status as a special immigrant under this section1 or an amendment made by this section1 protection or to immediately remove such alien from ,afghanistan1 if possible4 7#g7 ,other eligibility for immigrant status ,no alien shall be denied the opportunity to apply for admission under this section1 or an amendment made by this section1 solely because the alien qualifies as an immediate relative or is eligible for any other immigrant classification4 7#h7 ,resettlement support ,a citizen or national of ,afghanistan who is admitted to the ,united ,states as a special immigrant under this section or an amendment made by this section shall be eligible for resettlement assistance1 entitlement programs1 and other benefits available to refugees admitted under section #bjg of such ,act 7#h ,u4,s4,c4 #aaeg7 to the same extent1 and for the same periods of time1 as such refugees4 7#i7 ,adjustment of status ,notwithstanding paragraph 7#b71 7#g71 or 7#h7 of subsection 7c7 of section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee71 the ,secretary of ,homeland ,security may adjust the status of an alien described in subparagraph 7,n7 of section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77 or subsection 7a77#b7 of this section to that of an alien lawfully admitted for permanent residence under subsection 7a7 of such section #bde if the alien-- 7,a7 was paroled or admitted as a nonimmigrant into the ,united ,states2 and 7,b7 is otherwise eligible for status as a special immigrant under-- 7i7 this section2 or 7ii7 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#aj7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,homeland ,security1 the ,secretary of ,state1 the ,secretary of ,defense1 and the ,secretary of ,health and ,human ,services such sums as are necessary for each of the fiscal years #bjbc through #bjcc to carry out this section and the amendments made by this section4 #h4 ,support for allies seeking resettlement in the united states ,notwithstanding any other provision of law1 during ,operation ,allies ,welcome1 ,enduring ,welcome1 and any successor operation1 the ,secretary of ,homeland ,security and the ,secretary of ,state may waive any fee or surcharge or exempt individuals from the payment of any fee or surcharge collected by the ,department of ,homeland ,security and the ,department of ,state1 respectively1 in connection with a petition or application for1 or issuance of1 an immigrant visa to a national of ,afghanistan under section #bja7;b77#b77;,a77i7 or #bjc7;a7 of the ,immigration and ,nationality ,act1 #h ,u4,s4,c4 #aaja7;b77#b77;,a77i7 and #aaec7;a71 respectively4 #i4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the remaining provisions of this ,act to any person or circumstance1 shall not be affected4 #aj4 ,date limitation ,the ,secretary of ,homeland ,security may not grant an application for adjustment of status under section #f or an application for special immigrant status under section #g1 or an amendment made by section #g1 before the ,secretary has implemented the vetting procedures required by this ,act1 and in no event before ,january #a1 #bjbd4