Sec. 5675. Review relating to vetting, processing, and resettlement of evacuees from Afghanistan and the Afghanistan special immigrant visa program
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In accordance with the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General of the Department of Homeland Security, jointly with the Inspector General of the Department of State, and in coordination with the Inspector General of the Department of Defense and any appropriate inspector general, shall conduct a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program. The review required by subsection
(a)shall include an assessment of the systems, staffing, policies, and programs used— to the screen and vet such evacuees, including— an assessment of whether personnel conducting such screening and vetting were appropriately authorized and provided with training, including training in the detection of fraudulent personal identification documents; an analysis of the degree to which such screening and vetting deviated from United States law, regulations, policy, and best practices relating to the screening and vetting of refugees and applicants for United States visas that have been in use at any time since January 1, 2016; an identification of any risk to the national security of the United States posed by any such deviations; an analysis of the processes used for evacuees traveling without personal identification records, including the creation or provision of any new identification records to such evacuees; and an analysis of the degree to which such screening and vetting process was capable of detecting— instances of human trafficking and domestic abuse; evacuees who are unaccompanied minors; and evacuees with a spouse that is a minor; to admit and process such evacuees at United States ports of entry; to temporarily house such evacuees prior to resettlement; to account for the total number of individuals evacuated from Afghanistan in 2021 with support of the United States Government, disaggregated by— country of origin; citizenship, only if different from country of origin; age; gender; eligibility for special immigrant visas under the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note; Public Law 109–163 ) at the time of evacuation; eligibility for employment-based nonimmigrant visas at the time of evacuation; and familial relationship to evacuees who are eligible for visas described in subparagraphs
(E)and (F); and to provide eligible individuals with special immigrant visas under the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ) and section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note; Public Law 109–163 ) since the date of the enactment of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note; Public Law 111–8 ), including— a detailed step-by-step description of the application process for such special immigrant visas, including the number of days allotted by the United States Government for the completion of each step; the number of such special immigrant visa applications received, approved, and denied, disaggregated by fiscal year; the number of such special immigrant visas issued, as compared to the number available under law, disaggregated by fiscal year; an assessment of the average length of time taken to process an application for such a special immigrant visa, beginning on the date of submission of the application and ending on the date of final disposition, disaggregated by fiscal year; an accounting of the number of applications for such special immigrant visas that remained pending at the end of each fiscal year; an accounting of the number of interviews of applicants for such special immigrant visas conducted during each fiscal year; the number of noncitizens who were admitted to the United States pursuant to such a special immigrant visa during each fiscal year; an assessment of the extent to which each participating department or agency of the United States Government, including the Department of State and the Department of Homeland Security, adjusted processing practices and procedures for such special immigrant visas so as to vet applicants and expand processing capacity since the February 29, 2020, Doha Agreement between the United States and the Taliban; a list of specific steps, if any, taken between February 29, 2020, and August 31, 2021— to streamline the processing of applications for such special immigrant visas; and to address longstanding bureaucratic hurdles while improving security protocols; a description of the degree to which the Secretary of State implemented recommendations made by the Department of State Office of Inspector General in its June 2020 reports on Review of the Afghan Special Immigrant Visa Program (AUD-MERO-20-35) and Management Assistance Report: Quarterly Reporting on Afghan Special Immigrant Visa Program Needs Improvement (AUD-MERO-20-34); an assessment of the extent to which challenges in verifying applicants’ employment with the Department of Defense contributed to delays in the processing of such special immigrant visas, and an accounting of the specific steps taken since February 29, 2020, to address issues surrounding employment verification; and recommendations to strengthen and streamline such special immigrant visa process going forward. Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall submit to the appropriate congressional committees not fewer than one interim report on the review conducted under this section. In this subsection: The term appropriate congressional committees has the meaning given the term in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this subtitle. The terms screen and screening , with respect to an evacuee, mean the process by which a Federal official determines— the identity of the evacuee; whether the evacuee has a valid identification documentation; and whether any database of the United States Government contains derogatory information about the evacuee. The term vet and vetting , with respect to an evacuee, means the process by which a Federal official interviews the evacuee to determine whether the evacuee is who they purport to be, including whether the evacuee poses a national security risk. The Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall discharge the responsibilities under this section in a manner consistent with the authorities and requirements of the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities and requirements applicable to the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State under that Act. Upon request of an Inspector General for information or assistance under subsection (a), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance. Nothing in this section shall be construed to limit the ability of the Inspector General of the Department of Homeland Security or the Inspector General of the Department of State to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of the oversight responsibilities of the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with respect to oversight of the evacuation from Afghanistan, the selection, vetting, and processing of applicants for special immigrant visas and asylum, and any resettlement in the United States of such evacuees.
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U.S. Code
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- Pub. L. 111-8
- Pub. L. 109-163
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Sec. 5675
Review relating to vetting, processing, and resettlement of evacuees from Afghanistan and the Afghanistan special immigrant visa program
Pub. L.Pub. L. 111-8
Pub. L.Pub. L. 109-163
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