SEC. 1218. EXTENSION AND IMPROVEMENT OF THE IRAQI SPECIAL IMMIGRANT
VISA PROGRAM.
The Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is
amended--
(1) in section 1242, by striking subsection (c) and inserting
the following:
``(c) Improved Application Process.--
``(1) In general.--Not later than 120 days after the date of
the enactment of the National Defense Authorization Act for Fiscal
Year 2014, the Secretary of State and the Secretary of Homeland
Security, in consultation with the Secretary of Defense, shall
improve the efficiency by which applications for special immigrant
visas under section 1244(a), are processed so that all steps under
the control of the respective departments incidental to the
issuance of such visas, including required screenings and
background checks, should be completed not later than 9 months
after the date on which an eligible alien submits all required
materials to complete an application for such visa.
``(2) Construction.--Nothing in this section shall be construed
to limit the ability of a Secretary referred to in paragraph (1) to
take longer than 9 months to complete those steps incidental to the
issuance of such visas in high-risk cases for which satisfaction of
national security concerns requires additional time.
``(d) Representation.--An alien applying for admission to the
United States pursuant to this subtitle may be represented during the
application process, including at relevant interviews and examinations,
by an attorney or other accredited representative. Such representation
shall not be at the expense of the United States Government.'';
(2) in section 1244--
(A) in subsection (b)--
(i) in paragraph (4)--
(I) by striking ``A recommendation'' and inserting
the following:
``(A) In general.--Except as provided under subparagraph
(B), a recommendation''; and
(II) by adding at the end the following:
``(B) Review process for denial by chief of mission.--
``(i) In general.--An applicant who has been denied
Chief of Mission approval required by subparagraph (A)
shall--
``(I) receive a written decision that provides, to
the maximum extent feasible, information describing the
basis for the denial, including the facts and
inferences underlying the individual determination; and
``(II) be provided not more than one written
appeal--
``(aa) that shall be submitted not more than
120 days after the date that the applicant receives
such decision in writing; and
``(bb) that may request reopening of such
decision and provide additional information,
clarify existing information, or explain any
unfavorable information.
``(ii) Iraqi special immigrant visa coordinator.--The
Secretary of State shall designate, in the Emba**y of the
United States in Baghdad, Iraq, an Iraqi Special Immigrant
Visa Coordinator responsible for overseeing the efficiency
and integrity of the processing of special immigrant visas
under this section, who shall be given--
``(I) sufficiently high security clearance to
review information supporting Chief of Mission denials
if an appeal of a denial is filed;
``(II) responsibility for ensuring that an
applicant described in clause (i) receives the
information described in clause (i)(I); and
``(III) responsibility for ensuring that every
applicant is provided a reasonable opportunity to
provide additional information, clarify existing
information, or explain any unfavorable information
pursuant to clause (i)(II).''; and
(ii) by adding at the end the following:
``(5) Evidence of serious threat.--A credible sworn statement
depicting dangerous country conditions, together with official
evidence of such country conditions from the United States
Government, should be considered as a factor in determination of
whether the alien has experienced or is experiencing an ongoing
serious threat as a consequence of the alien's employment by the
United States Government for purposes of paragraph (1)(D).''; and
(B) in subsection (c)(3), by striking subparagraph (C) and
inserting the following:
``(C) Limitation on number of visas.--
``(i) In general.--The total number of principal aliens
who may be provided special immigrant status under this
section after January 1, 2014, shall be not more than 2500.
``(ii) Employment period.--The 1-year period during
which the principal alien is required to have been employed
by or on behalf of the United States Government in Iraq
under subsection (b)(1)(B) shall begin on or after March
20, 2003, and end on or before September 30, 2013.
``(iii) Application deadline.--The principal alien
seeking special immigrant status under this subparagraph
shall apply to the Chief of Mission in accordance with
subsection (b)(4) not later than September 30, 2014.''; and
(3) in section 1248, by adding at the end the following:
``(f) Report on Improvements.--
``(1) In general.--Not later than 120 days after the date of
the enactment of the National Defense Authorization Act for Fiscal
Year 2014, the Secretary of State and the Secretary of Homeland
Security, in consultation with the Secretary of Defense, shall
submit a report, with a cla**ified annex, if necessary, to--
``(A) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
``(B) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Committee on Armed Services of the
House of Representatives.
``(2) Contents.--The report submitted under paragraph (1) shall
describe the implementation of improvements to the processing of
applications for special immigrant visas under section 1244(a),
including information relating to--
``(A) enhancing existing systems for conducting background
and security checks of persons applying for special immigrant
status, which shall--
``(i) support immigration security; and
``(ii) provide for the orderly processing of such
applications without significant delay;
``(B) the financial, security, and personnel considerations
and resources necessary to carry out this subtitle;
``(C) the number of aliens who have applied for special
immigrant visas under section 1244 during each month of the
preceding fiscal year;
``(D) the reasons for the failure to process any
applications that have been pending for longer than 9 months;
``(E) the total number of applications that are pending due
to the failure--
``(i) to receive approval from the Chief of Mission;
``(ii) of U.S. Citizenship and Immigration Services to
complete the adjudication of the Form I-360;
``(iii) to conduct a visa interview; or
``(iv) to issue the visa to an eligible alien;
``(F) the average wait times for an applicant at each of
the stages described in subparagraph (E);
``(G) the number of denials or rejections at each of the
stages described in subparagraph (E); and
``(H) the reasons for denials by the Chief of Mission based
on the categories already made available to denied special
immigrant visa applicants in the denial letter sent to them by
the Chief of Mission.
``(g) Public Quarterly Reports.--Not later than 120 days after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2014, and every 3 months thereafter, the Secretary of State
and the Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall publish a report on the website of the
Department of State that describes the efficiency improvements made in
the process by which applications for special immigrant visas under
section 1244(a) are processed, including information described in
subparagraphs (C) through (H) of subsection (f)(2).
``(h) Senior Coordinating Officials.--
``(1) Requirement to designate.--The Secretary of Homeland
Security, the Secretary of State, and the Secretary of Defense
shall each designate a senior coordinating official, with
sufficient expertise, authority, and resources, to carry out the
duties described in paragraph (2), with regard to the issuance of
special immigrant visas under this subtitle and the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note).
``(2) Duties.--Each senior coordinating official designated
under paragraph (1) shall--
``(A) develop proposals to improve the efficiency and
effectiveness of the process for issuing special immigrant
visas under this subtitle and the Afghan Allies Protection Act
of 2009;
``(B) coordinate and monitor the implementation of such
proposals;
``(C) include such proposals in the report required by
subsection (f) and in each quarterly report required by
subsection (g); and
``(D) implement appropriate actions as authorized by law to
carry out the improvements described in the report required by
subsection (f).
``(3) Submission to congress.--Not later than 30 days after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2014, the Secretary of Homeland Security, the Secretary
of State, and the Secretary of Defense shall each submit to the
committees set out in subparagraphs (A) and (B) of subsection
(f)(1) the name and title of the senior coordinating official
designated under paragraph (1) by each such Secretary, along with a
description of the relevant expertise, authority, and resources of
such official.''.
SEC. 1219. IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.
Section 602(b) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D)--
(i) by striking ``A recommendation'' and inserting the
following:
``(i) In general.--Except as provided under clause
(ii), a recommendation''; and
(ii) by adding at the end the following:
``(ii) Review process for denial by chief of mission.--
``(I) In general.--An applicant who has been denied
Chief of Mission approval shall--
``(aa) receive a written decision that
provides, to the maximum extent feasible,
information describing the basis for the denial,
including the facts and inferences underlying the
individual determination; and
``(bb) be provided not more than one written
appeal--
``(AA) that shall be submitted not more
than 120 days after the date that the applicant
receives such decision in writing; and
``(BB) that may request reopening of such
decision and provide additional information,
clarify existing information, or explain any
unfavorable information.
``(II) Afghan special immigrant visa coordinator.--
The Secretary of State shall designate, in the Emba**y
of the United States in Kabul, Afghanistan, an Afghan
Special Immigrant Visa Coordinator responsible for
overseeing the efficiency and integrity of the
processing of special immigrant visas under this
section, who shall be given--
``(aa) sufficiently high security clearance to
review information supporting Chief of Mission
denials if an appeal of a denial is filed;
``(bb) responsibility for ensuring that an
applicant described in subclause (I) receives the
information described in subclause (I)(aa); and
``(cc) responsibility for ensuring that every
applicant is provided a reasonable opportunity to
provide additional information, clarify existing
information, or explain any unfavorable information
pursuant to clause (I)(bb).''; and
(B) by adding at the end the following:
``(E) Evidence of serious threat.--A credible sworn
statement depicting dangerous country conditions, together with
official evidence of such country conditions from the United
States Government, should be considered as a factor in
determination of whether the alien has experienced or is
experiencing an ongoing serious threat as a consequence of the
alien's employment by the United States Government for purposes
of subparagraph (A)(iv).
``(F) Representation.--An alien applying for admission to
the United States pursuant to this title may be represented
during the application process, including at relevant
interviews and examinations, by an attorney or other accredited
representative. Such representation shall not be at the expense
of the United States Government.'';
(2) in paragraph (4)--
(A) in the heading, by striking ``Prohibition on fees.--''
and inserting ``Application process.--''; and
(B) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--Not later than 120 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2014, the Secretary of State and the Secretary of
Homeland Security, in consultation with the Secretary of
Defense, shall improve the efficiency by which applications for
special immigrant visas under paragraph (1), are processed so
that all steps under the control of the respective departments
incidental to the issuance of such visas, including required
screenings and background checks, should be completed not later
than 9 months after the date on which an eligible alien submits
all required materials to complete an application for such
visa.
``(B) Construction.--Nothing in this section shall be
construed to limit the ability of a Secretary referred to in
subparagraph (A) to take longer than 9 months to complete those
steps incidental to the issuance of such visas in high-risk
cases for which satisfaction of national security concerns
requires additional time.
``(C) Prohibition on fees.--The Secretary''; and
(3) by adding at the end the following:
``(12) Report on improvements.--
``(A) Requirement for report.--Not later than 120 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2014, the Secretary of State
and the Secretary of Homeland Security, in consultation with
the Secretary of Defense, shall submit to the appropriate
committees of Congress a report, with a cla**ified annex, if
necessary.
``(B) Contents.--The report required by subparagraph (A)
shall describe the implementation of improvements to the
processing of applications for special immigrant visas under
this subsection, including information relating to--
``(i) enhancing existing systems for conducting
background and security checks of persons applying for
special immigrant status, which shall--
``(I) support immigration security; and
``(II) provide for the orderly processing of such
applications without significant delay;
``(ii) the financial, security, and personnel
considerations and resources necessary to carry out this
section;
``(iii) the number of aliens who have applied for
special immigrant visas under this subsection during each
month of the preceding fiscal year;
``(iv) the reasons for the failure to process any
applications that have been pending for longer than 9
months;
``(v) the total number of applications that are pending
due to the failure--
``(I) to receive approval from the Chief of
Mission;
``(II) of U.S. Citizenship and Immigration Services
to complete the adjudication of the Form I-360;
``(III) to conduct a visa interview; or
``(IV) to issue the visa to an eligible alien;
``(vi) the average wait times for an applicant at each
of the stages described in clause (v);
``(vii) the number of denials or rejections at each of
the stages described in clause (v); and
``(viii) the reasons for denials by the Chief of
Mission based on the categories already made available to
denied special immigrant visa applicants in the denial
letter sent to them by the Chief of Mission.
``(13) Public quarterly reports.--Not later than 120 days after
the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2014, and every 3 months thereafter, the Secretary
of State and the Secretary of Homeland Security, in consultation
with the Secretary of Defense, shall publish a report on the
website of the Department of State that describes the efficiency
improvements made in the process by which applications for special
immigrant visas under this subsection are processed, including
information described in clauses (iii) through (viii) of paragraph
(12)(B).''.