SEC. 428. [6 U.S.C. 236] VISA ISSUANCE.

(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).

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 106 / 282 题