Sec. 4. Denial of entry into the United States of certain foreign government officials
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Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any foreign government official identified pursuant to subsection (d)(1)(C) or any immediate family members of such official. Notwithstanding any other provision of law, if any United States citizen identified pursuant to subsection (d)(1)(A) dies from any cause while in the custody of a foreign government, the government officials identified pursuant to subsection (d)(1)(C) in relation to such citizen and the immediate family members of such officials may not be issued any visa by the Secretary of State, and may not be admitted by the Secretary of Homeland Security, to the United States at any time on or after the date of the death of such citizen.
Notwithstanding any other provision of law, the Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection
(a)or
(b)of this section. Not later than 30 days after the date of the enactment of this Act and every 180 days thereafter for five years, the Secretary of State shall submit to the appropriate congressional committees a report that contains the following: An identification of United States citizens who are in the custody of a foreign government and whose fundamental due process or human rights pursuant to the laws of such government or international standards binding on such government are being violated. An identification of the fundamental due process or human rights violations that are being committed against the citizens identified in subparagraph (A). A list of the government officials who, based on credible information, are responsible for the violations of, or are failing to fulfill their official responsibility to protect, the rights identified in subparagraph
(B)of any citizen identified in subparagraph (A). In the case of each semi-annual report required under paragraph (1), the Secretary of State shall include a list of the names and titles of those government officials identified in subparagraph
(C)of such paragraph, and the names and relationships of the immediate family members of such officials who were denied a visa or entry to the United States pursuant to subsection
(a)or (b), or whose visa was revoked pursuant to subsection (c), during the immediately preceding 180-day period. Each report required under paragraph
(1)shall be submitted in unclassified form. The name of a person to be included in each report required under paragraph
(1)may be submitted in a classified annex only if the President— determines that it is in the best interest of a United States citizen identified pursuant to subparagraph
(A)of such paragraph, or that it is vital for the national security interests of the United States to do so; uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in such a classified annex despite any publicly available credible information indicating that the government official concerned is responsible for the violations of, or is failing to fulfill an official responsibility to protect, the rights of a United States citizen identified in subparagraph
(A)of paragraph (1). The unclassified portion of the report required under paragraph
(1)shall be made available to the public and published in the Federal Register. A government official may be removed from the lists required under subsection (d)(1)(C) if the President determines and reports to the appropriate congressional committees not less than 15 days before the removal from any such list of such governmental official that— credible information exists that such government official is not responsible for the violations of, or is fulfilling any official responsibility to protect, the rights identified in subsection (d)(1)(B) of any United States citizen identified in subsection (d)(1)(A) who is in the custody of a foreign government; or such citizen has been released. Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being included on the list required under subsection (d)(1)(C), the President shall transmit a response to the chairperson and ranking member of the committee which made the request with respect to the status of such person. The President may submit a response required under paragraph
(1)in classified form if the President determines that it is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is necessary for the national security interests of the United States to do so. If the President removes from the list required under subsection (d)(1)(C) a person who has been included on such list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to such removal decision. The President may transmit such information in classified form if the President determines that such is in the best interest of a United States citizen identified pursuant to subsection (d)(1)(A), or that it is in the national security interests of the United States. The President shall publish the list required under subsection (d)(1)(C) without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States.
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Sec. 4
Denial of entry into the United States of certain foreign government officials
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