Sec. 5275. REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM
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## SEC. 5275 REVIEW RELATING TO VETTING, PROCESSING, AND RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM ###
(a)In General 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 established by that Act or section 103H of the National Security Act of 1947 (50 U.S.C. 3033), shall conduct a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program. ###
(b)Elements The review required by subsection
(a)shall include an assessment of the systems, staffing, policies, and programs used— ####
(1)to screen and vet such evacuees, including— #####
(A)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; #####
(B)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 parolees, refugees, and applicants for United States visas that have been in use at any time since January 1, 2016, particularly for individuals from countries containing any active terrorist organizations; and #####
(C)an identification of any risk to the national security of the United States posed by any such deviations; #####
(D)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 #####
(E)an analysis of the degree to which such screening and vetting process was capable of detecting— ######
(i)instances of human trafficking and domestic abuse; ######
(ii)evacuees who are unaccompanied minors; and ######
(iii)evacuees with a spouse who is a minor; ####
(2)to admit and process such evacuees at United States ports of entry; ####
(3)to temporarily house such evacuees prior to resettlement; ####
(4)to account for the total number of individuals evacuated from Afghanistan in 2021 with support of the United States Government, disaggregated by— #####
(A)country of origin; #####
(B)citizenship, only if different from country of origin; #####
(C)age; #####
(D)gender; #####
(E)the number of individuals who were holders of a special immigrant visa issued pursuant to 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; #####
(F)the number of individuals who were applicants for a special immigrant visas pursuant to 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; #####
(G)the number who were in possession of a valid nonimmigrant visa to enter the United States at the time of evacuation; and #####
(H)familial relationship to individuals described in subparagraphs
(E)through (G). ###
(c)Interim Reporting ####
(1)In general 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. ####
(2)Form Any report submitted under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. ####
(3)Definitions In this subsection: #####
(A)Appropriate congressional committees The term “appropriate congressional committees” means— ######
(i)the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and ######
(ii)the Committee on Oversight and Reform, the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives. #####
(B)Screen; screening The terms “screen” and “screening”, with respect to an evacuee, mean the process by which a Federal official determines— ######
(i)the identity of the evacuee; ######
(ii)whether the evacuee has a valid identification documentation; and ######
(iii)whether any database of the United States Government contains derogatory information about the evacuee. #####
(C)Vet; vetting 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. ###
(d)Discharge of Responsibilities 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. ###
(e)Coordination 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. ###
(f)Rule of Construction 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. # TITLE LIII OVERSIGHT AND REFORM MATTERS ## Subtitle A General Provisions
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- Pub. L. 111-8
- Pub. L. 109-163
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Sec. 5275
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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