The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely:
Division C — Afghanistan Supplemental Appropriations Act, 2022
DIVISION C Afghanistan Supplemental Appropriations Act, 2022
This division may be cited as the “Afghanistan Supplemental Appropriations Act, 2022”.
TITLE I Department of Justice
Federal Bureau of Investigation
Salaries and Expenses
For an additional amount for “Salaries and Expenses”, $50,000,000, to remain available until September 30, 2022, for investigative activities associated with Afghan resettlement operations.
TITLE II Department of Defense
Operation and Maintenance
General Provisions—this Title
TITLE III Department of Health and Human Services
Centers for Disease Control and Prevention
Administration for Children and Families
General Provision—this Title
TITLE IV Department of State
Administration of Foreign Affairs
Bilateral Economic Assistance
General Provisions—this Title
TITLE V General Provisions—this Act
Sec. 2501.
In addition to amounts otherwise made available, there is appropriated for “U.S. Citizenship and Immigration Services—Immigration Examinations Fee Account”, $193,000,000, to remain available until expended, for necessary expenses in support of Operation Allies Welcome, to be deposited and used as provided in section 286(n) of the Immigration and Nationality Act (8 U.S.C. 1356(n)): Provided, That such amounts shall be in addition to any other amounts made available for such purposes and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)): Provided further, That amounts provided in this section shall only be for the purposes specified, and notwithstanding any other provision of law are not available for non-expenditure transfer or reprogramming: Provided further, That within 15 days of the date of enactment of this Act, U.S. Citizenship and Immigration Services shall provide to the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives an expenditure plan for the funds provided under this paragraph, and every 30 days thereafter shall provide updated execution datato such Committees for such funds: Provided further, That the reporting requirement in the previous proviso shall end on September 30, 2026.
Sec. 2502.
In General.— Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if—
such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently—
paroled into the United States between July 31, 2021, and September 30, 2022; or
paroled into the United States after September 30, 2022, and—
is the spouse or child (as such term is defined under section 101(b) of the Immigration and Nationality Act (8 U.S.C. 1101(b)) of an individual described in subparagraph (A); or
is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child under 6 U.S.C. 279(g)(2); and
such individual’s parole has not been terminated by the Secretary of Homeland Security.
Benefits.— An individual described in subsection (a) 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) until March 31, 2023, or the term of parole granted under subsection (a), whichever is later;
services described under section 412(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien child as defined under 6 U.S.C. 279(g)(2); and
a driver’s license or identification card under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note), notwithstanding subsection (c)(2)(B) of such Act.
Expeditious Adjudication of Asylum Applications.— With respect to an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) filed by an individual described in subsection (a), the Secretary of Homeland Security shall—
conduct the initial interview on the asylum application not later than 45 days after the date on which the application is filed; and
in the absence of exceptional circumstances, issue a final administrative adjudication on the asylum application within 150 days after the date the application is filed.
Clarification.— Notwithstanding any other provision of law, nothing in this act shall be interpreted to—
preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or
entitle a person described in subsection (a) to lawful permanent resident status.
Report.— Not later than 120 days after the date of enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing the number of individuals described in subsection (a); the number of individuals receiving benefits in subsection (b), including their eligibility for benefits as refugees notwithstanding this Act; and any other information deemed relevant by the Secretary.
Sec. 2503. reporting requirement
In General.— Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter through September 30, 2023, the Secretary of Homeland Security, in coordination with the head of any other applicable Federal agency, shall submit to Congress a report that includes the elements described in subsection (b).
Elements.— The report required by subsection (a) shall include the following:
A summary of the status of Afghan evacuees, including—
the number of the Afghan evacuees present in the United States, located at overseas bases of the United States Armed Forces, or located in third countries who are not located at such a base including—
the number who are U.S. lawful permanent residents;
the number who are Special Immigrant Visa holders;
the number who are Special Immigrant Visa applicants;
the number who are in possession of a valid nonimmigrant visa to enter the United States;
the number who are employees of a U.S. Government agency;
the number who are employees of a U.S. funded partner organization, media, or non-profit;
the number of Priority 1 refugee referrals;
the number of Priority 2 refugee referrals;
the number who have been relocated from the United States to a third country, and the country to which they were relocated; and
the number who do not fall into any of the above categories;
the number of Afghan evacuees at overseas bases or other official staging areas who have been flagged as potential security concerns or risks or included on the United States no-fly list and who were therefore denied clearance to enter the United States; and
the number of the Afghan evacuees who have been paroled into the United States—
the number whose parole was terminated; and
the number whose parole has been extended.
The number of Afghan evacuees who have been interviewed by U.S. Citizenship and Immigration Services in connection with an application or petition for immigration benefits, including—
the number of such interviews conducted since the United States withdrawal;
the rate at which individuals were granted or refused the benefits that formed the basis for such interviews;
the number of individuals who did not appear at a scheduled interview; and
a description of the procedures for screening for and detecting child marriage, human trafficking, gender-based violence, and marriages entered into or relationships as fiancee or fiance claimed for the sole purpose of securing evacuation.
For each Federal department and agency involved in Operation Allies Welcome—
as of the date of the report, the costs incurred; and
an identification of the source of appropriated or other funds used to fund the effort.
Definition of Afghan Evacuee.— In this section, the term “Afghan evacuee” means a person whose evacuation from Afghanistan to the United States, or a location overseas controlled by the United States, was facilitated by the United States as part of Operation Allies Refuge.
Sec. 2504.
Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.
Sec. 2505.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 2506.
Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022.
Sec. 2507.
Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.