125 
(B) by striking ‘‘illicit weapons; or’’ and 
inserting ‘‘illicit weapons, or (ii) determining a 
person’s deportability or eligibility for a visa, 
admission, or other immigration benefit;’’; 
(4) in paragraph (2)(B)— 
(A) by striking ‘‘for the purposes’’ and in-
serting ‘‘for one of the purposes’’; and 
(B) by striking ‘‘or to deny visas to persons 
who would be inadmissible to the United States.’’ 
and inserting ‘‘; or’’; and 
(5) in paragraph (2), by adding at the end the 
following: 
‘‘(C) with regard to any or all aliens in the 
database specified data elements from each 
record, if the Secretary of State determines that 
it is in the national interest to provide such in-
formation to a foreign government.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect 60 days after the date of the 
enactment of the Act. 
SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS. 
Section 222(h) of the Immigration and Nationality 
Act (8 U.S.C. 1202(h)(1)(B)) is amended— 
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(1) in paragraph (1)(C), by inserting ‘‘, in con-
sultation with the Secretary of Homeland Security,’’ 
after ‘‘if the Secretary’’; 
(2) in paragraph (1)(C)(i), by inserting ‘‘, where 
such national interest shall not include facilitation of 
travel of foreign nationals to the United States, reduc-
tion of visa application processing times, or the allo-
cation of consular resources’’ before the semicolon at 
the end; 
(3) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (E); 
(B) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(G) is an individual— 
‘‘(i) determined to be in a class of 
aliens determined by the Secretary of 
Homeland Security to be threats to national 
security; 
‘‘(ii) identified by the Secretary of 
Homeland Security as a person of concern; 
or 
‘‘(iii) applying for a visa in a visa 
category with respect to which the Secretary 
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127 
of Homeland Security has determined that 
a waiver of the visa interview would create 
a high risk of degradation of visa program 
integrity.’’. 
SEC. 404. AUTHORIZING THE DEPARTMENT OF STATE TO 
NOT INTERVIEW CERTAIN INELIGIBLE VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 222(h)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1202(h)(1)) is amended 
by inserting ‘‘the alien is determined by the Secretary of 
State to be ineligible for a visa based upon review of the 
application or’’ after ‘‘unless’’. 
(b) GUIDANCE.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
issue guidance to consular officers on the standards and 
processes for implementing the authority to deny visa ap-
plications without interview in cases where the alien is de-
termined by the Secretary of State to be ineligible for a 
visa based upon review of the application. 
(c) REPORTS.—Not less frequently than once each 
quarter, the Secretary of State shall submit to the Congress 
a report on the denial of visa applications without inter-
view, including— 
(1) the number of such denials; and 
(2) a post-by-post breakdown of such denials. 
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128 
SEC. 405. VISA REFUSAL AND REVOCATION. 
(a) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY AND THE SECRETARY OF STATE.— 
(1) IN GENERAL.—Section 428 of the Homeland 
Security Act of 2002 (6 U.S.C. 236) is amended by 
striking subsections (b) and (c) and inserting the fol-
lowing: 
‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY.— 
‘‘(1) 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) and except for the 
authority of the Secretary of State under subpara-
graphs (A) and (G) of section 101(a)(15) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(15)), 
the Secretary— 
‘‘(A) shall have exclusive authority to issue 
regulations, establish policy, and administer and 
enforce the provisions of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) and all 
other immigration or nationality laws relating 
to the functions of consular officers of the United 
States in connection with the granting and re-
fusal of a visa; and 
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129 
‘‘(B) may refuse or revoke any visa to any 
alien or class of aliens if the Secretary, or des-
ignee, determines that such refusal or revocation 
is necessary or advisable in the security interests 
of the United States. 
‘‘(2) EFFECT OF REVOCATION.—The revocation 
of any visa under paragraph (1)(B)— 
‘‘(A) shall take effect immediately; and 
‘‘(B) shall automatically cancel any other 
valid visa that is in the alien’s possession. 
‘‘(3) JUDICIAL
REVIEW.—Notwithstanding any 
other provision of law, including section 2241 of title 
28, United States Code, or any other habeas corpus 
provision, and sections 1361 and 1651 of such title, 
no court shall have jurisdiction to review a decision 
by the Secretary of Homeland Security to refuse or 
revoke a visa, and no court shall have jurisdiction to 
hear any claim arising from, or any challenge to, 
such a refusal or revocation. 
‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 
‘‘(1) IN GENERAL.—The Secretary of State may 
direct a consular officer to refuse a visa requested by 
an alien if the Secretary of State determines such re-
fusal to be necessary or advisable in the interests of 
the United States. 
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130 
‘‘(2) LIMITATION.—No decision by the Secretary 
of State to approve a visa may override a decision by 
the Secretary of Homeland Security under subsection 
(b).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1227(a)(1)(B)) is amended by striking 
‘‘under section 221(i)’’. 
(3) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on the date of the en-
actment of this Act and shall apply to visa refusals 
and revocations occurring before, on, or after such 
date. 
(b) TECHNICAL CORRECTIONS TO THE HOMELAND SE-
CURITY ACT.—Section 428(a) of the Homeland Security Act 
of 2002 (6 U.S.C. 236(a)) is amended by— 
(1) striking ‘‘subsection’’ and inserting ‘‘section’’; 
and 
(2) striking ‘‘consular office’’ and inserting ‘‘con-
sular officer’’. 
SEC. 406. FUNDING FOR THE VISA SECURITY PROGRAM. 
(a) IN GENERAL.—The Department of State and Re-
lated Agency Appropriations Act, 2005 (title IV of division 
B of Public Law 108–447) is amended, in the fourth para-
graph under the heading ‘‘Diplomatic and Consular Pro-
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131 
grams’’, by striking ‘‘Beginning’’ and all that follows 
through the period at the end and inserting the following: 
‘‘Beginning in fiscal year 2005 and thereafter, the Sec-
retary of State is authorized to charge surcharges related 
to consular services in support of enhanced border security 
that are in addition to the immigrant visa fees in effect 
on January 1, 2004: Provided, That funds collected pursu-
ant to this authority shall be credited to the appropriation 
for U.S. Immigration and Customs Enforcement for the fis-
cal year in which the fees were collected, and shall be avail-
able until expended for the funding of the Visa Security 
Program established by the Secretary of Homeland Security 
under section 428(e) of the Homeland Security Act of 2002 
(Public Law 107–296): Provided further, That such sur-
charges shall be 10 percent of the fee assessed on immigrant 
visa applications.’’. 
(b) REPAYMENT OF APPROPRIATED FUNDS.—Twenty 
percent of the funds collected each fiscal year under the 
heading ‘‘Diplomatic and Consular Programs’’ in the De-
partment of State and Related Agency Appropriations Act, 
2005 (title IV of division B of Public Law 108–447), as 
amended by subsection (a), shall be deposited into the gen-
eral fund of the Treasury as repayment of funds appro-
priated pursuant to section 407(c) of this Act until the en-
tire appropriated sum has been repaid. 
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132 
SEC. 407. EXPEDITIOUS EXPANSION OF VISA SECURITY 
PROGRAM TO HIGH-RISK POSTS. 
(a) IN GENERAL.—Section 428(i) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 236(i)) is amended to read 
as follows: 
‘‘(i) VISA ISSUANCE
AT DESIGNATED HIGH-RISK 
POSTS.—Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall conduct an on-site 
review of all visa applications and supporting documenta-
tion before adjudication at the top 30 visa-issuing posts des-
ignated jointly by the Secretaries of State and Homeland 
Security as high-risk posts.’’. 
(b) ASSIGNMENT OF PERSONNEL.—Not later than one 
year after the date of enactment of this section, the Sec-
retary of Homeland Security shall assign personnel to the 
visa-issuing posts referenced in section 428(i) of the Home-
land Security Act of 2002 (6 U.S.C. 236(i)), as amended 
by this section, and communicate such assignments to the 
Secretary of State. 
(c) APPROPRIATIONS.—There is authorized to be ap-
propriated $60,000,000 for each of the fiscal years 2014 and 
2015, which shall be used to expedite the implementation 
of section 428(i) of the Homeland Security Act, as amended 
by this section. 
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133 
SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DE-
PARTMENT OF HOMELAND SECURITY PER-
SONNEL AT OVERSEAS EMBASSIES AND CON-
SULAR POSTS. 
Section 428 of the Homeland Security Act of 2002 (6 
U.S.C. 236) is amended by adding at the end the following: 
‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT OF DE-
PARTMENT OF HOMELAND SECURITY PERSONNEL AT OVER-
SEAS
EMBASSIES
AND
CONSULAR
POSTS.—Notwith-
standing any other provision of law, and the processes set 
forth in National Security Defense Directive 38 (dated June 
2, 1982) or any successor Directive, the Chief of Mission 
of a post to which the Secretary of Homeland Security has 
assigned personnel under subsection (e) or (i) shall ensure, 
not later than one year after the date on which the Sec-
retary of Homeland Security communicates such assign-
ment to the Secretary of State, that such personnel have 
been stationed and accommodated at post and are able to 
carry out their duties.’’. 
SEC. 409. ACCREDITATION REQUIREMENTS. 
(a) COLLEGES, UNIVERSITIES, AND LANGUAGE TRAIN-
ING PROGRAMS.—Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended— 
(1) in paragraph (15)(F)(i)— 
(A) by striking ‘‘section 214(l) at an estab-
lished college, university, seminary, conservatory, 
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134 
academic high school, elementary school, or other 
academic institution or in an accredited lan-
guage training program in the United States’’ 
and inserting ‘‘section 214(m) at an accredited 
college, university, or language training pro-
gram, or at an established seminary, conserv-
atory, academic high school, elementary school, 
or other academic institution in the United 
States’’; 
(B) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(C) by striking ‘‘and if any such institution 
of learning or place of study fails to make re-
ports promptly the approval shall be with-
drawn,’’ and inserting ‘‘and if any such institu-
tion of learning of place of study fails to make 
reports promptly or fails to comply with any ac-
creditation requirement (including deadlines for 
submitting accreditation applications or obtain-
ing accreditation) the approval shall be with-
drawn,’’; and 
(2) by amending paragraph (52) to read as fol-
lows: 
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135 
‘‘(52) Except as provided in section 214(m)(4), the 
term ‘accredited college, university, or language training 
program’ means a college, university, or language training 
program that is accredited by an accrediting agency recog-
nized by the Secretary of Education.’’. 
(b) 
OTHER
ACADEMIC
INSTITUTIONS.—Section 
214(m) of the Immigration and Nationality Act (8 U.S.C. 
1184(m)) is amended by adding at the end the following: 
‘‘(3) The Secretary of Homeland Security shall require 
accreditation of an academic institution (except for sem-
inaries or other religious institutions) for purposes of sec-
tion 101(a)(15)(F) if— 
‘‘(A) that institution is not already required to 
be accredited under section 101(a)(15)(F)(i); and 
‘‘(B) an appropriate accrediting agency recog-
nized by the Secretary of Education is able to provide 
such accreditation. 
‘‘(4) The Secretary of Homeland Security, in the Sec-
retary’s discretion, may waive the accreditation require-
ment in paragraph (3) or section 101(a)(15)(F)(i) with re-
spect to an institution if such institution— 
‘‘(A) is otherwise in compliance with the require-
ments of section 101(a)(15)(F)(i); and 
‘‘(B) has been a candidate for accreditation for 
at least 1 year and continues to progress toward ac-
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136 
creditation by an accrediting agency recognized by 
the Secretary of Education.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
shall— 
(A) take effect on the date that is 180 days 
after the date of enactment of this Act; and 
(B) apply with respect to applications for 
nonimmigrant visas that are filed on or after the 
effective date described in subparagraph (A). 
(2) TEMPORARY EXCEPTION.—During the 3-year 
period beginning on the effective date described in 
paragraph (1)(A), an institution that is newly re-
quired to be accredited under this section may con-
tinue to participate in the Student and Exchange 
Visitor Program notwithstanding the institution’s 
lack of accreditation if the institution— 
(A) was certified under the Student and 
Exchange Visitor Program on such date; 
(B) submitted an application for accredita-
tion to an accrediting agency recognized by the 
Secretary of Education during the 6-month pe-
riod ending on such date; and 
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137 
(C) continues to progress toward accredita-
tion by such accrediting agency. 
SEC. 410. VISA FRAUD. 
(a) TEMPORARY SUSPENSION OF SEVIS ACCESS.— 
Section 641(d) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is 
amended— 
(1) in paragraph (1)(A), by striking ‘‘institu-
tion,,’’ and inserting ‘‘institution,’’; and 
(2) by adding at the end the following: 
‘‘(3) EFFECT
OF
REASONABLE
SUSPICION
OF 
FRAUD.—If the Secretary of Homeland Security has 
reasonable suspicion that an owner of, or a des-
ignated school official at, an approved institution of 
higher education, an other approved educational in-
stitution, or a designated exchange visitor program 
has committed fraud or attempted to commit fraud 
relating to any aspect of the Student and Exchange 
Visitor Program, the Secretary may immediately sus-
pend, without notice, such official’s or such school’s 
access to the Student and Exchange Visitor Informa-
tion System (SEVIS), including the ability to issue 
Form I–20s, pending a final determination by the 
Secretary with respect to the institution’s certification 
under the Student and Exchange Visitor Program.’’. 
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138 
(b) EFFECT OF CONVICTION FOR VISA FRAUD.—Such 
section 641(d), as amended by subsection (a)(2), is further 
amended by adding at the end the following: 
‘‘(4) 
PERMANENT
DISQUALIFICATION
FOR 
FRAUD.—A designated school official at, or an owner 
of, an approved institution of higher education, an 
other approved educational institution, or a des-
ignated exchange visitor program who is convicted for 
fraud relating to any aspect of the Student and Ex-
change Visitor Program shall be permanently dis-
qualified from filing future petitions and from having 
an ownership interest or a management role, includ-
ing serving as a principal, owner, officer, board mem-
ber, general partner, designated school official, or any 
other position of substantive authority for the oper-
ations or management of the institution, in any 
United States educational institution that enrolls 
nonimmigrant alien students described in subpara-
graph (F) or (M) of section 101(a)(15) the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(15)).’’. 
SEC. 411. BACKGROUND CHECKS. 
(a) IN GENERAL.—Section 641(d) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1372(d)), as amended by section 411(b) of this 
Act, is further amended by adding at the end the following: 
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139 
‘‘(5) BACKGROUND CHECK REQUIREMENT.— 
‘‘(A) IN GENERAL.—An individual may not 
serve as a designated school official or be granted 
access to SEVIS unless the individual is a na-
tional of the United States or an alien lawfully 
admitted for permanent residence and during the 
most recent 3-year period— 
‘‘(i) the Secretary of Homeland Secu-
rity has— 
‘‘(I) conducted a thorough back-
ground check on the individual, includ-
ing a review of the individual’s crimi-
nal and sex offender history and the 
verification of the individual’s immi-
gration status; and 
‘‘(II) determined that the indi-
vidual has not been convicted of any 
violation of United States immigration 
law and is not a risk to national secu-
rity of the United States; and 
‘‘(ii) the individual has successfully 
completed an on-line training course on 
SEVP and SEVIS, which has been devel-
oped by the Secretary. 
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140 
‘‘(B) INTERIM DESIGNATED SCHOOL OFFI-
CIAL.— 
‘‘(i) IN GENERAL.—An individual may 
serve as an interim designated school offi-
cial during the period that the Secretary is 
conducting the background check required 
by subparagraph (A)(i)(I). 
‘‘(ii) REVIEWS BY THE SECRETARY.— 
If an individual serving as an interim des-
ignated school official under clause (i) does 
not successfully complete the background 
check required by subparagraph (A)(i)(I), 
the Secretary shall review each Form I–20 
issued by such interim designated school of-
ficial. 
‘‘(6) FEE.—The Secretary is authorized to collect 
a fee from an approved school for each background 
check conducted under paragraph (6)(A)(i). The 
amount of such fee shall be equal to the average 
amount expended by the Secretary to conduct such 
background checks.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is 1 year after 
the date of the enactment of this Act. 
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147 
rity who have successfully completed basic immigration law 
enforcement training to exercise the powers conferred by— 
(1) section 287(a)(5)(A) of the Immigration and 
Nationality Act to arrest for any offense against the 
United States; 
(2) section 287(a)(5)(B) of such Act to arrest for 
any felony; 
(3) section 274(a) of such Act to arrest for bring-
ing in, transporting, or harboring certain aliens, or 
inducing them to enter; 
(4) section 287(a) of such Act to execute war-
rants of arrest for administrative immigration viola-
tions issued under section 236 of the Act or to execute 
warrants of criminal arrest issued under the author-
ity of the United States; and 
(5) section 287(a) of such Act to carry firearms, 
provided that they are individually qualified by 
training and experience to handle and safely operate 
the firearms they are permitted to carry, maintain 
proficiency in the use of such firearms, and adhere to 
the provisions of the enforcement standard governing 
the use of force. 
(b) ARREST POWERS.—Section 287(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1357(a)(2)) is 
amended by striking ‘‘regulation and is likely to escape be-
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