II 119THCONGRESS 1 STSESSION S. 344 To require the Commissioner of U.S. Customs and Border Protection to identify and conduct recurrent vetting of evacuees from Afghanistan found not to be properly vetted before entering the United States. IN THE SENATE OF THE UNITED STATES JANUARY30, 2025 Mr. S COTTof Florida (for himself and Ms. ERNST) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Commissioner of U.S. Customs and Border Protection to identify and conduct recurrent vetting of evacuees from Afghanistan found not to be properly vet- ted before entering the United States. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. AFGHAN VETTING AND ACCOUNTABILITY. 3 (a) F INDINGS.—Congress makes the following find-4 ings: 5 (1) In the report entitled ‘‘DHS Encountered 6 Obstacles to Screen, Vet, and Inspect All Evacuees 7 during the Recent Afghanistan Crisis’’ issued on 8 VerDate Sep 11 2014 04:09 Feb 26, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 344 IS September 6, 2022, the Inspector General of the De-1 partment of Homeland Security found that— 2 (A) the United States welcomed more than 3 79,000 Afghan evacuees between July 2021, 4 and January 2022, as part of Operation Allies 5 Refuge and Operation Allies Welcome; and 6 (B) the President directed the Secretary of 7 Homeland Security to lead the coordination 8 across the Federal Government to resettle vul-9 nerable Afghans arriving as part of Operation 10 Allies Refuge and Operation Allies Welcome. 11 (2) The Office of the Inspector General of the 12 Department of Homeland Security conducted an 13 audit to determine the extent to which the Depart-14 ment of Homeland Security screened, vetted, and in-15 spected evacuees arriving as part of Operation Allies 16 Refuge and Operation Allies Welcome. 17 (3) After meeting with more than 130 individ-18 uals from the Department of Homeland Security, 19 the Office of the Inspector General of the Depart-20 ment of Homeland Security determined that— 21 (A) the Department of Homeland Security 22 encountered obstacles to screening, vetting, and 23 inspecting all Afghan evacuees arriving as part 24 VerDate Sep 11 2014 04:09 Feb 26, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 344 IS of Operation Allies Refuge and Operation Allies 1 Welcome; 2 (B) U.S. Customs and Border Protection 3 did not always have critical data to properly 4 screen, vet, or inspect the evacuees; 5 (C) some information used to vet evacuees 6 through United States Government databases, 7 such as name, date of birth, identification num-8 ber, and travel document data, was inaccurate, 9 incomplete, or missing; and 10 (D) U.S. Customs and Border Protection 11 admitted or paroled into the United States 12 evacuees who were not fully vetted. 13 (4) The Office of the Inspector General of the 14 Department of Homeland Security attributed the 15 Department of Homeland Security’s challenges with 16 respect to properly screening, vetting, and inspecting 17 such evacuees to not having— 18 (A) a list of evacuees from Afghanistan 19 who were unable to provide sufficient identifica-20 tion documents; 21 (B) a contingency plan to support similar 22 emergency situations; and 23 (C) standardized policies. 24 VerDate Sep 11 2014 04:09 Feb 26, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 344 IS (5) As a result, the Department of Homeland 1 Security may have admitted or paroled individuals 2 into the United States who pose a risk to the na-3 tional security of the United States and the safety 4 of local communities. 5 (b) I DENTIFICATION AND RECURRENTVETTING OF 6 E VACUEESFROMAFGHANISTAN.—Not later than 30 days 7 after the date of the enactment of this Act, the Commis-8 sioner of U.S. Customs and Border Protection shall— 9 (1) identify all evacuees from Afghanistan 10 who— 11 (A) were paroled into the United States 12 during the period beginning on July 1, 2021, 13 and ending on January 31, 2022, as part of 14 Operation Allies Refuge or Operation Allies 15 Welcome; and 16 (B) remain in the United States; 17 (2) for each such evacuee, conduct a full screen-18 ing and vetting, including by consulting all law en-19 forcement and international terrorist screening data-20 bases, based on the confirmed identity of the evac-21 uee; 22 (3) prioritize the screening and vetting de-23 scribed in paragraph (2) for such evacuees who did 24 VerDate Sep 11 2014 04:09 Feb 26, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 344 IS not have documentation of their identity on arrival 1 in the United States; 2 (4) establish recurrent and periodic vetting 3 processes for all such evacuees, including in-person 4 interviews as necessary; 5 (5) ensure that such vetting processes are car-6 ried out for each such evacuee for the duration of 7 the authorized period of parole of the evacuee; and 8 (6) provide to the Director of National Intel-9 ligence, the Secretary of Defense, the Secretary of 10 State, the Secretary of Homeland Security, the At-11 torney General, and the law enforcement agencies of 12 the State and locality in which each such evacuee is 13 located evidence that the full screening and vetting 14 described in paragraph (2), and the recurrent and 15 periodic vetting processes described in paragraph 16 (4), have been carried out. 17 (c) R EPORT.—Not later than 180 days after the date 18 of the enactment of this Act, the Secretary of Homeland 19 Security and the Inspector General of the Department of 20 Homeland Security shall submit to the Committee on 21 Homeland Security and Governmental Affairs of the Sen-22 ate and the Committee on Homeland Security of the 23 House of Representatives a report on— 24 VerDate Sep 11 2014 04:09 Feb 26, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 344 IS (1) the findings and results of the screening 1 and vetting carried out under subsection (b); and 2 (2) the number of evacuees who were ineligible 3 for admission to the United States and, for each 4 such evacuee, the specific reason the evacuee was 5 found ineligible. 6 Æ VerDate Sep 11 2014 04:09 Feb 26, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S344.IS S344 kjohnson on DSK7ZCZBW3PROD with $$_JOB