Sec. 3101. 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: Subject to the minimum number specified in subparagraph (B), the Secretary ; and by adding at the end the following new subparagraph: In carrying out subparagraph (A), the Secretary shall assign employees of the Department to not fewer than 75 diplomatic and consular posts at which visas are issued. Such assignments shall be made— in a risk-based manner; considering the criteria described in clause (iii); and in accordance with National Security Decision Directive 38 of June 2, 1982, or any superseding presidential directive concerning staffing at diplomatic and consular posts. In carrying out National Security Decision Directive 38 of June 2, 1982, the Secretary of State shall ensure priority consideration of any staffing assignment pursuant to this subparagraph. 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. Information on the 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 formal objections based on derogatory information 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. . 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, in a risk-based manner, assign employees of the Department to remotely perform the functions required under paragraph
(2)at not fewer than 50 of 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, counter-proliferation, and other relevant factors, as determined by the Secretary. . The requirements established under paragraphs
(1)and
(9)of section 428(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(e) ), as amended and added by this section, shall be implemented not later than three years after the date of the enactment of this Act. The Secretary of State, in consultation with the Secretary of Homeland Security, shall charge a fee in support of visa security, to be deposited in the U.S. Immigration and Customs Enforcement account. Fees imposed pursuant to this subsection shall be available only to the extent provided in advance by appropriations Acts. The total amount of the additional fee charged pursuant to this subsection shall be equal to an amount sufficient to cover the annual costs of the visa security program established by the Secretary of Homeland Security under section 428(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 236(e) ), as amended by this section. Amounts deposited in the U.S. Immigration and Customs Enforcement account pursuant to paragraph
(1)are authorized to be appropriated to the Secretary of Homeland Security for the funding of the visa security program referred to in such paragraph.
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