Sec. 1219. IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM
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## 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 Embassy 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 classified 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).” > . ## Subtitle C Matters Relating to Afghanistan Post 2014
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Sec. 1219
IMPROVEMENT OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM
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