(a) Definition.--In this subsection, the term ``consular
office'' has the meaning given that term under section
101(a)(9) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(9)).
(b) In General.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except as provided in subsection (c) of
this section, the Secretary--
(1) shall be vested exclusively with all
authorities to issue regulations with respect to,
administer, and enforce the provisions of such Act, and
of all other immigration and nationality laws, relating
to the functions of consular officers of the United
States in connection with the granting or refusal of
visas, and shall have the authority to refuse visas in
accordance with law and to develop programs of homeland
security training for consular officers (in addition to
consular training provided by the Secretary of State),
which authorities shall be exercised through the
Secretary of State, except that the Secretary shall not
have authority to alter or reverse the decision of a
consular officer to refuse a visa to an alien; and
(2) shall have authority to confer or impose upon
any officer or employee of the United States, with the
consent of the head of the executive agency under whose
jurisdiction such officer or employee is serving, any
of the functions specified in paragraph (1).
(c) Authority of the Secretary of State.--
(1) In general.--Notwithstanding subsection (b),
the Secretary of State may direct a consular officer to
refuse a visa to an alien if the Secretary of State
deems such refusal necessary or advisable in the
foreign policy or security interests of the United
States.
(2) Construction regarding authority.--Nothing in
this section, consistent with the Secretary of Homeland
Security's authority to refuse visas in accordance with
law, shall be construed as affecting the authorities of
the Secretary of State under the following provisions
of law:
(A) Section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(A)).
(B) Section 204(d)(2) of the Immigration
and Nationality Act (8 U.S.C. 1154) (as it will
take effect upon the entry into force of the
Convention on Protection of Children and
Cooperation in Respect to Inter-Country
adoption).
(C) Section 212(a)(3)(B)(i)(IV)(bb) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(C)).
(G) Section 212(a)(10)(C) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)).
(H) Section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)).
(I) Section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6034; Public Law 104-114).
(L) Section 613 of the Departments of
Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1999 (as
contained in section 101(b) of division A of
Public Law 105-277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act,
1999); 112 Stat. 2681; H.R. 4328 (originally
H.R. 4276) as amended by section 617 of Public
Law 106-553.
(M) Section 103(f) of the Chemical Weapon
Convention Implementation Act of 1998 (112
Stat. 2681-865).
(N) Section 801 of H.R. 3427, the Admiral
James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000
and 2001, as enacted by reference in Public Law
106-113.
(O) Section 568 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115).
(P) Section 51 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2723).
(d) Consular Officers and Chiefs of Missions.--
(1) In general.--Nothing in this section may be
construed to alter or affect--
(A) the employment status of consular
officers as employees of the Department of
State; or
(B) the authority of a chief of mission
under section 207 of the Foreign Service Act of
1980 (22 U.S.C. 3927).
(2) Construction regarding delegation of
authority.--Nothing in this section shall be construed
to affect any delegation of authority to the Secretary
of State by the President pursuant to any proclamation
issued under section 212(f) of the Immigration and
Nationality Act (8 U.S.C. 1182(f)), consistent with the
Secretary of Homeland Security's authority to refuse
visas in accordance with law.
(e) Assignment of Homeland Security Employees to Diplomatic
and Consular Posts.--
(1) In general.--The Secretary is authorized to
assign employees of the Department to each diplomatic
and consular post at which visas are issued, unless the
Secretary determines that such an assignment at a
particular post would not promote homeland security.
(2) Functions.--Employees assigned under paragraph
(1) shall perform the following functions:
(A) Provide expert advice and training to
consular officers regarding specific security
threats relating to the adjudication of
individual visa applications or classes of
applications.
(B) Review any such applications, either on
the initiative of the employee of the
Department or upon request by a consular
officer or other person charged with
adjudicating such applications.
(C) Conduct investigations with respect to
consular matters under the jurisdiction of the
Secretary.
(3) Evaluation of consular officers.--The Secretary
of State shall evaluate, in consultation with the
Secretary, as deemed appropriate by the Secretary, the
performance of consular officers with respect to the
processing and adjudication of applications for visas
in accordance with performance standards developed by
the Secretary for these procedures.
(4) Report.--The Secretary shall, on an annual
basis, submit a report to Congress that describes the
basis for each determination under paragraph (1) that
the assignment of an employee of the Department at a
particular diplomatic post would not promote homeland
security.
(5) Permanent assignment; participation in
terrorist lookout committee.--When appropriate,
employees of the Department assigned to perform
functions described in paragraph (2) may be assigned
permanently to overseas diplomatic or consular posts
with country-specific or regional responsibility. If
the Secretary so directs, any such employee, when
present at an overseas post, shall participate in the
terrorist lookout committee established under section
304 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1733).
(6) Training and hiring.--
(A) In general.--The Secretary shall
ensure, to the extent possible, that any
employees of the Department assigned to perform
functions under paragraph (2) and, as
appropriate, consular officers, shall be
provided the necessary training to enable them
to carry out such functions, including training
in foreign languages, interview techniques, and
fraud detection techniques, in conditions in
the particular country where each employee is
assigned, and in other appropriate areas of
study.
(B) Use of center.--The Secretary is
authorized to use the National Foreign Affairs
Training Center, on a reimbursable basis, to
obtain the training described in subparagraph
(A).
(7) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary and the
Secretary of State shall submit to Congress--
(A) a report on the implementation of this
subsection; and
(B) any legislative proposals necessary to
further the objectives of this subsection.
(8) Effective date.--This subsection shall take
effect on the earlier of--
(A) the date on which the President
publishes notice in the Federal Register that
the President has submitted a report to
Congress setting forth a memorandum of
understanding between the Secretary and the
Secretary of State governing the implementation
of this section; or
(B) the date occurring 1 year after the
date of enactment of this Act.
(f) No Creation of Private Right of Action.--Nothing in
this section shall be construed to create or authorize a
private right of action to challenge a decision of a consular
officer or other United States official or employee to grant or
deny a visa.
(g) Study Regarding Use of Foreign Nationals.--
(1) In general.--The Secretary of Homeland Security
shall conduct a study of the role of foreign nationals
in the granting or refusal of visas and other documents
authorizing entry of aliens into the United States. The
study shall address the following:
(A) The proper role, if any, of foreign
nationals in the process of rendering decisions
on such grants and refusals.
(B) Any security concerns involving the
employment of foreign nationals.
(C) Whether there are cost-effective
alternatives to the use of foreign nationals.
(2) Report.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall
submit a report containing the findings of the study
conducted under paragraph (1) to the Committee on the
Judiciary, the Committee on International Relations,
and the Committee on Government Reform of the House of
Representatives, and the Committee on the Judiciary,
the Committee on Foreign Relations, and the Committee
on Government Affairs of the Senate.
(h) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Science
and Technology Policy shall submit to Congress a report on how
the provisions of this section will affect procedures for the
issuance of student visas.
(i) Visa Issuance Program for Saudi Arabia.--
Notwithstanding any other provision of law, after the date of
the enactment of this Act all third party screening programs in
Saudi Arabia shall be terminated. On-site personnel of the
Department of Homeland Security shall review all visa
applications prior to adjudication.
SEC. 429. [6 U.S.C. 237] INFORMATION ON VISA DENIALS REQUIRED TO BE
ENTERED INTO ELECTRONIC DATA SYSTEM.
(a) In General.--Whenever a consular officer of the United
States denies a visa to an applicant, the consular officer
shall enter the fact and the basis of the denial and the name
of the applicant into the interoperable electronic data system
implemented under section 202(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)).
(b) Prohibition.--In the case of any alien with respect to
whom a visa has been denied under subsection (a)--
(1) no subsequent visa may be issued to the alien
unless the consular officer considering the alien's
visa application has reviewed the information
concerning the alien placed in the interoperable
electronic data system, has indicated on the alien's
application that the information has been reviewed, and
has stated for the record why the visa is being issued
or a waiver of visa ineligibility recommended in spite
of that information; and
(2) the alien may not be admitted to the United
States without a visa issued in accordance with the
procedures described in paragraph (1).