Sec. 401. Visa security
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Paragraph
(1)of section 428(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(e) ) is amended— by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following new subparagraph: The Secretary shall assign, in a risk-based manner, and based on the criteria described in clause (ii), employees of the Department to not fewer than 30 diplomatic and consular posts at which visas are issued. The criteria referred to in clause
(i)are the following: The number of nationals of a country in which any of the diplomatic and consular posts referred to in clause
(i)are located who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year. The level of cooperation of such country with the counterterrorism efforts of the United States. Information analyzing the presence, activity, or movement of terrorist organizations (as such term is defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B)(vi) )) within or through such country. The number of derogatory Security Advisory Opinions issued by the Visa Security Advisory Opinion Unit pursuant to paragraph
(10)regarding nationals of a country in which any of the diplomatic and consular posts referred to in clause
(i)are located. The adequacy of the border and immigration control of such country. Any other criteria the Secretary determines appropriate. The assignment of employees of the Department pursuant to this subparagraph is solely the authority of the Secretary and may not be altered or rejected by the Secretary of State. . Paragraph
(2)of section 428(e) of the Homeland Security Act of 2002 is amended— by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following new subparagraph: Screen any such applications against the appropriate criminal, national security, and terrorism databases maintained by the Federal Government. . Subparagraph
(A)of section 428(e)(6) of the Homeland Security Act of 2002 is amended by— striking The Secretary shall ensure, to the extent possible, that any employees and inserting The Secretary, acting through the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, shall provide training to any employees ; and striking shall be provided the necessary training . Subsection
(e)of section 428 of the Homeland Security Act of 2002 is amended by adding at the end the following new paragraphs: At the visa-issuing posts at which employees of the Department are not assigned pursuant to paragraph (1), the Secretary shall, to the greatest extent possible, in a risk-based manner, and in consultation, where appropriate, with the Secretary of State, assign employees of the Department to remotely perform the functions required under paragraph
(2)for such posts. The Secretary shall establish within U.S. Immigration and Customs Enforcement a Visa Security Advisory Opinion Unit to respond to requests from the Secretary of State to conduct a visa security review using information maintained by the Department on visa applicants, including terrorism association, criminal history, and other relevant factors, as determined by the Secretary. .
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- 6 USC 236(e)
- 8 USC 1182(a)(3)(B)(vi)
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cites case law
Sec. 401
Visa security
Cite6 USC 236(e)
Cite8 USC 1182(a)(3)(B)(vi)
Cites 2Cited by 0 across 0 sources