View all text of Part C [§ 231 - § 245]

§ 236. Visa issuance
(a) Definition
(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 [8 U.S.C. 1101 et seq.], 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
(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. 6091].
(L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 3
3 See References in Text note below.
(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 [22 U.S.C. 6713(f)] (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 [8 U.S.C. 1182e], 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
(e) Assignment of Homeland Security employees to diplomatic and consular posts
(1) In general
(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
(4) Report
(5) Permanent assignment; participation in terrorist lookout committee
(6) Training and hiring
(A) In general
(B) Use of Center
(7) Report
Not later than 1 year after November 25, 2002, 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 November 25, 2002.
(f) No creation of private right of action
(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
(h) Report
(i) Visa issuance program for Saudi Arabia
(Pub. L. 107–296, title IV, § 428, Nov. 25, 2002, 116 Stat. 2187.)