266 
(i) will increase or enhance the operational capacity of U.S. 
Customs and Border Protection based on available staffing 
and workload; and 
(ii) will not shift the cost of services funded in an appro-
priations Act, or provided from an account in the Treasury 
derived by the collection of fees, to entities under this title 
(except chapters 113 and 409); and 
(B) may not enter into a fee agreement under this section if the 
agreement would unduly and permanently impact services funded 
in an appropriations Act, or provided from an account in the 
Treasury, derived by the collection of fees. 
(2) NO LIMIT.—There shall be no limit to the number of fee agree-
ments that the Commissioner of U.S. Customs and Border Protection 
may enter into under this section. 
(e) AIR PORTS OF ENTRY.— 
(1) IN GENERAL.—Except as otherwise provided in this subsection, 
a fee agreement for U.S. Customs and Border Protection services at 
an air port of entry may only provide for the payment of overtime costs 
of U.S. Customs and Border Protection officers and salaries and ex-
penses of U.S. Customs and Border Protection employees to support 
U.S. Customs and Border Protection officers in performing services de-
scribed in subsection (b). 
(2) SMALL AIRPORTS.—Notwithstanding paragraph (1), U.S. Cus-
toms and Border Protection may receive reimbursement in addition to 
overtime costs if the fee agreement is for services at an air port of 
entry that has fewer than 100,000 arriving international passengers 
annually. 
(3) COVERED SERVICES.—In addition to costs described in para-
graph (1), a fee agreement for U.S. Customs and Border Protection 
services at an air port of entry referred to in paragraph (2) may pro-
vide for the reimbursement of— 
(A) salaries and expenses of not more than 5 fulltime equivalent 
U.S. Customs and Border Protection officers beyond the number 
of officers assigned to the port of entry on the date on which the 
fee agreement was signed; 
(B) salaries and expenses of employees of U.S. Customs and 
Border Protection, other than the officers referred to in subpara-
graph (A), to support U.S. Customs and Border Protection offi-
cers in performing law enforcement functions; and 
(C) other costs incurred by U.S. Customs and Border Protec-
tion relating to services described in subparagraph (B), such as 
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temporary placement or permanent relocation of employees, in-
cluding incentive pay for relocation, as appropriate. 
(f) PORT OF ENTRY SIZE NOT A FACTOR.—The Commissioner of U.S. 
Customs and Border Protection shall ensure that each fee agreement pro-
posal is given equal consideration regardless of the size of the port of entry. 
(g) DENIED APPLICATION.— 
(1) IN GENERAL.—If the Commissioner of U.S. Customs and Border 
Protection denies a proposal for a fee agreement under this section, the 
Commissioner shall provide the entity submitting the proposal with the 
reason for the denial unless— 
(A) the reason for the denial is law enforcement sensitive; or 
(B) withholding the reason for the denial is in the national secu-
rity interests of the United States. 
(2) JUDICIAL REVIEW.—Decisions of the Commissioner of U.S. Cus-
toms and Border Protection under paragraph (1) are in the discretion 
of the Commissioner of U.S. Customs and Border Protection and are 
not subject to judicial review. 
(h) FEE.— 
(1) IN GENERAL.—The amount of the fee to be charged under an 
agreement authorized under subsection (a) shall be paid by each entity 
requesting U.S. Customs and Border Protection services, and shall be 
for the full cost of providing the services, including the salaries and ex-
penses of employees and contractors of U.S. Customs and Border Pro-
tection, to provide the services and other costs incurred by U.S. Cus-
toms and Border Protection relating to the services, such as temporary 
or permanent relocation of the employees and contractors. 
(2) TIMING.—The Commissioner of U.S. Customs and Border Pro-
tection may require that the fee referred to in paragraph (1) be paid 
by each entity that has entered into a fee agreement under subsection 
(a) with U.S. Customs and Border Protection in advance of the per-
formance of U.S. Customs and Border Protection services. 
(3) OVERSIGHT.—The Commissioner of U.S. Customs and Border 
Protection shall develop a process to oversee the services for which fees 
are charged pursuant to an agreement under subsection (a), includ-
ing— 
(A) a determination and report on the full costs of providing the 
services, and a process for increasing the fees, as necessary; 
(B) the establishment of a periodic remittance schedule to re-
plenish appropriations, accounts, or funds, as necessary; and 
(C) the identification of costs paid by the fees. 
(i) DEPOSIT OF FUNDS.— 
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268 
(1) ACCOUNT.—Funds collected pursuant to an agreement entered 
into pursuant to subsection (a)— 
(A) shall be deposited as offsetting collections; 
(B) shall remain available until expended without fiscal year 
limitation; and 
(C) shall be credited to the applicable appropriation, account, or 
fund for the amount paid out of the appropriation, account, or 
fund for any expenses incurred or to be incurred by U.S. Customs 
and Border Protection in providing U.S. Customs and Border Pro-
tection services under the agreement and for any other costs in-
curred or to be incurred by U.S. Customs and Border Protection 
relating to the services. 
(2) RETURN OF UNUSED FUNDS.—The Commissioner of U.S. Cus-
toms and Border Protection shall return any unused funds collected 
and deposited in the account described in paragraph (1) if a fee agree-
ment entered into pursuant to subsection (a) is terminated for any rea-
son or the terms of the fee agreement change by mutual agreement to 
cause a reduction of U.S. Customs and Border Protection services. No 
interest shall be owed on the return of the unused funds. 
(j) TERMINATION.— 
(1) IN GENERAL.—The Commissioner of U.S. Customs and Border 
Protection shall terminate the services provided pursuant to a fee 
agreement entered into under subsection (a) with an entity that, after 
receiving notice from the Commissioner of U.S. Customs and Border 
Protection that a fee under subsection (h) is due, fails to pay the fee 
in a timely manner. If the services are terminated, all costs incurred 
by U.S. Customs and Border Protection that have not been paid shall 
become immediately due and payable. Interest on unpaid fees shall ac-
crue based on the rate and amount established under sections 6221 
and 6222 of the Internal Revenue Code of 1986 (26 U.S.C. 6221, 
6222). 
(2) PENALTY.—An entity that, after notice and demand for payment 
of a fee under subsection (h), fails to pay the fee in a timely manner 
shall be liable for a penalty or liquidated damage equal to 2 times the 
amount of the fee. The amount collected under this paragraph shall be 
deposited into the appropriate account specified under subsection (i) 
and shall be available as described in subsection (i). 
(3) TERMINATION BY THE ENTITY.—An entity that has previously 
entered into an agreement with U.S. Customs and Border Protection 
for the reimbursement of fees in effect on December 16, 2016, or 
under the provisions of this section, may request that the agreement 
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be amended to provide for termination on advance notice, length, and 
terms that are negotiated between the entity and U.S. Customs and 
Border Protection. 
(k) ANNUAL REPORT.—The Commissioner of U.S. Customs and Border 
Protection shall— 
(1) submit an annual report identifying the activities undertaken and 
the agreements entered into pursuant to this section to— 
(A) the Committee on Appropriations of the Senate; 
(B) the Committee on Finance of the Senate; 
(C) the Committee on Homeland Security and Governmental Af-
fairs of the Senate; 
(D) the Committee on the Judiciary of the Senate; 
(E) the Committee on Appropriations of the House of Rep-
resentatives; 
(F) the Committee on Homeland Security of the House of Rep-
resentatives; 
(G) the Committee on the Judiciary of the House of Represent-
atives; and 
(H) the Committee on Ways and Means of the House of Rep-
resentatives; and 
(2) not later than 15 days before entering into a fee agreement, no-
tify the members of Congress who represent the State or congressional 
district in which the affected port of entry or facility is located of the 
agreement. 
(l ) RULE OF CONSTRUCTION.—Nothing in this section may be construed 
as imposing on U.S. Customs and Border Protection any responsibilities, 
duties, or authorities relating to real property. 
§ 10973. Port of entry donation authority 
(a) PERSONAL PROPERTY, MONEY, OR NONPERSONAL SERVICES.— 
(1) IN GENERAL.—The Commissioner of U.S. Customs and Border 
Protection, in consultation with the Administrator of General Services, 
may enter into an agreement with an entity to accept a donation of 
personal property, money, or nonpersonal services for the uses de-
scribed in paragraph (3) only with respect to the following locations at 
which U.S. Customs and Border Protection performs or will be per-
forming inspection services: 
(A) A new or existing sea or air port of entry. 
(B) An existing Federal Government-owned land port of entry. 
(C) A new Federal Government-owned land port of entry if— 
(i) the fair market value of the donation is $50,000,000 or 
less; and 
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(ii) the fair market value, including any personal and real 
property donations in total, of the port of entry when com-
plete, is $50,000,000 or less. 
(2) LIMITATION ON MONETARY DONATIONS.—A monetary donation 
accepted pursuant to this subsection may not be used to pay the sala-
ries of U.S. Customs and Border Protection employees performing in-
spection services. 
(3) USES.—Donations accepted pursuant to this subsection may be 
used for activities of the Office of Field Operations, set forth in sub-
paragraphs (A) through (F) of section 10306(g)(3) of this title, that 
are related to a new or existing sea or air port of entry or a new or 
existing Federal Government-owned land port of entry described in 
paragraph (1), including expenses relating to— 
(A) furniture, fixtures, equipment, or technology, including the 
installation or deployment of those items; and 
(B) the operation and maintenance of the furniture, fixtures, 
equipment, or technology. 
(b) REAL PROPERTY OR MONEY.— 
(1) IN GENERAL.—Subject to paragraph (3), the Commissioner of 
U.S. Customs and Border Protection, and the Administrator of General 
Services, as applicable, may enter into an agreement with an entity to 
accept a donation of real property or money for uses described in para-
graph (2) only with respect to the following locations at which U.S. 
Customs and Border Protection performs or will be performing inspec-
tion services: 
(A) A new or existing sea or air port of entry. 
(B) An existing Federal Government-owned land port of entry. 
(C) A new Federal Government-owned land port of entry if— 
(i) the fair market value of the donation is $50,000,000 or 
less; and 
(ii) the fair market value, including any personal and real 
property donations in total, of the port of entry when com-
plete, is $50,000,000 or less. 
(2) USES.—Donations accepted pursuant to this subsection may be 
used for activities of the Office of Field Operations set forth in section 
10306(g) of this title that are related to the construction, alteration, 
operation, or maintenance of a new or existing sea or air port of entry 
or a new or existing Federal Government-owned land port of entry de-
scribed in paragraph (1), including expenses related to— 
(A) land acquisition, design, construction, repair, or alteration; 
and 
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(B) CONSIDERATIONS.—Criteria established pursuant to sub-
paragraph (A) shall consider— 
(i) the impact of a proposal referred to in subparagraph 
(A) on the land, sea, or air port of entry at issue and other 
ports of entry or similar facilities or other infrastructure near 
the location of the proposed donation; 
(ii) the proposal’s potential to increase trade and travel ef-
ficiency through added capacity; 
(iii) the proposal’s potential to enhance the security of the 
port of entry at issue; 
(iv) the impact of the proposal on reducing wait times at 
the port of entry or facility and other ports of entry on the 
same border; 
(v) for a donation under subsection (b)— 
(I) whether the donation satisfies the requirements of 
the proposal or whether additional real property would 
be required; and 
(II) how the donation was acquired, including if emi-
nent domain was used; 
(vi) the funding available to complete the intended use of 
the donation; 
(vii) the costs of maintaining and operating the donation; 
(viii) the impact of the proposal on U.S. Customs and Bor-
der Protection staffing requirements; and 
(ix) other factors that the Commissioner of U.S. Customs 
and Border Protection or the Administrator of General Serv-
ices determines to be relevant. 
(C) DETERMINATION AND NOTIFICATION.— 
(i) INCOMPLETE PROPOSALS.— 
(I) IN GENERAL.—Not later than 60 days after receiv-
ing the proposals for a donation agreement from an enti-
ty, the Commissioner of U.S. Customs and Border Pro-
tection shall notify the entity as to whether the proposal 
is complete or incomplete. 
(II) RESUBMISSION.—If the Commissioner of U.S. 
Customs and Border Protection determines that a pro-
posal is incomplete, the Commissioner shall— 
(aa) notify the appropriate entity and provide the 
entity with a description of all information or mate-
rial that is needed to complete review of the pro-
posal; and 
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(bb) allow the entity to resubmit the proposal 
with additional information and material described 
in item (aa) to complete the proposal. 
(ii) COMPLETE PROPOSAL.—Not later than 180 days after 
receiving a completed proposal to enter into an agreement 
under subsection (a) or (b), the Commissioner of U.S. Cus-
toms and Border Protection, with the concurrence of the Ad-
ministrator of General Services, as applicable, shall— 
(I) determine whether to approve or deny the proposal; 
and 
(II) notify the entity that submitted the proposal of 
the determination. 
(4) SUPPLEMENTAL FUNDING.—Except as required under section 
3307 of title 40, real property donations to the Administrator of Gen-
eral Services made pursuant to subsection (b) at a GSA-owned land 
port of entry may be used in addition to any other funding for the port 
of entry, including appropriated funds, property, or services. 
(5) RETURN OF DONATIONS.—The Commissioner of U.S. Customs 
and Border Protection, or the Administrator of General Services, as 
applicable, may return a donation made pursuant to subsection (a) or 
(b). No interest shall be owed to the donor with respect to any donation 
provided under subsection (a) or (b) that is returned pursuant to this 
subsection. 
(6) PROHIBITION ON CERTAIN FUNDING.— 
(A) IN GENERAL.—Except as provided in subsections (a) and 
(b) regarding the acceptance of donations, the Commissioner of 
U.S. Customs and Border Protection and the Administrator of 
General Services, as applicable, may not, with respect to an agree-
ment entered into under subsection (a) or (b), obligate or expend 
amounts in excess of amounts that have been appropriated pursu-
ant to any appropriations Act for purposes specified in subsection 
(a) or (b) or otherwise made available for those purposes. 
(B) CERTIFICATION REQUIREMENT.—Before accepting any do-
nations pursuant to an agreement under subsection (a) or (b), the 
Commissioner of U.S. Customs and Border Protection shall certify 
to the congressional committees set forth in paragraph (7) that 
the donation will not be used for the construction of a detention 
facility or a border fence or wall. 
(7) REPORTS BY COMMISSIONER OF U.S. CUSTOMS AND BORDER 
PROTECTION AND ADMINISTRATOR OF GENERAL SERVICES.—The Com-
missioner of U.S. Customs and Border Protection, in collaboration with 
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the Administrator of General Services, as applicable, shall submit an 
annual report identifying the activities undertaken and agreements en-
tered into pursuant to subsections (a) and (b) to— 
(A) the Committee on Appropriations of the Senate; 
(B) the Committee on Environment and Public Works of the 
Senate; 
(C) the Committee on Finance of the Senate; 
(D) the Committee on Homeland Security and Governmental 
Affairs of the Senate; 
(E) the Committee on the Judiciary of the Senate; 
(F) the Committee on Appropriations of the House of Rep-
resentatives; 
(G) the Committee on Homeland Security of the House of Rep-
resentatives; 
(H) the Committee on the Judiciary of the House of Represent-
atives; 
(I) the Committee on Transportation and Infrastructure of the 
House of Representatives; and 
(J) the Committee on Ways and Means of the House of Rep-
resentatives. 
(d) REPORT
BY COMPTROLLER GENERAL.—The Comptroller General 
shall submit an annual report to the congressional committees referred to 
in subsection (c)(7) that evaluates— 
(1) fee agreements entered into pursuant to section 10972 of this 
title; 
(2) donation agreements entered into pursuant to subsections (a) 
and (b); and 
(3) the fees and donations received by U. S. Customs and Border 
Protection pursuant to the agreements. 
(e) JUDICIAL REVIEW.—Decisions of the Commissioner of U.S. Customs 
and Border Protection and the Administrator of General Services under this 
section regarding the acceptance of real or personal property are in the dis-
cretion of the Commissioner of U.S. Customs and Border Protection and 
the Administrator of General Services, and are not subject to judicial re-
view. 
(f) RULE OF CONSTRUCTION.—Except as otherwise provided in this sec-
tion, nothing in this section may be construed as affecting in any manner 
the responsibilities, duties, or authorities of U.S. Customs and Border Pro-
tection or the General Services Administration. 
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§ 10974. Current and proposed agreements 
Nothing in this subchapter or in section 4 of the Cross-Border Trade En-
hancement Act of 2016 (Public Law 114–279, 130 Stat. 1422) may be con-
strued as affecting— 
(1) any agreement entered into pursuant to section 560 of title V 
of division D of the Consolidated and Further Continuing Appropria-
tions Act, 2013 (Public Law 113–6, 127 Stat. 378) or section 559 of 
title V of division F of the Consolidated Appropriations Act, 2014 
(Public Law 113–76, 128 Stat. 279) as in existence on December 15, 
2016, and the agreement shall continue to have full force and effect 
on and after December 15, 2016; or 
(2) a proposal accepted for consideration by U.S. Customs and Bor-
der Protection pursuant to section 559 of title V of division F of the 
Consolidated Appropriations Act, 2014 (Public Law 113–76, 128 Stat. 
279) as in existence on December 15, 2016. 
Subchapter VII—Miscellaneous Provisions 
§ 10981. Coordination of information and information tech-
nology 
(a) DEFINITION OF AFFECTED AGENCY.—In this section, the term ‘‘af-
fected agency’’ means— 
(1) the Department; 
(2) the Department of Agriculture; 
(3) the Department of Health and Human Services; and 
(4) any other department or agency determined to be appropriate by 
the Secretary. 
(b) COORDINATION.—The Secretary, in coordination with the Secretary of 
Agriculture, the Secretary of Health and Human Services, and the head of 
each other department or agency determined to be appropriate by the Sec-
retary, shall ensure that appropriate information (as determined by the Sec-
retary) concerning inspections of articles that are imported or entered into 
the United States, and are inspected or regulated by one or more affected 
agencies, is timely and efficiently exchanged between the affected agencies. 
§ 10982. Visa issuance 
(a) DEFINITION OF CONSULAR OFFICER.—In this section, the term ‘‘con-
sular officer’’ has the meaning given the term under section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)). 
(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 the Act, and 
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of all other immigration and nationality laws, relating to the functions 
of consular officers of the United States in connection with the grant-
ing 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 author-
ity 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 an officer or em-
ployee of the United States, with the consent of the head of the execu-
tive agency under whose jurisdiction the officer or employee is serving, 
any of the functions specified in paragraph (1). 
(c) AUTHORITY OF THE SECRETARY OF STATE.— 
(1) IN GENERAL.—Notwithstanding subsection (b), the Secretary of 
State may direct a consular officer to refuse a visa to an alien if the 
Secretary of State deems the refusal necessary or advisable in the for-
eign policy or security interests of the United States. 
(2) CONSTRUCTION REGARDING AUTHORITY.—Nothing in this sec-
tion, 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(d)(2)) (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 Na-
tionality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)). 
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)). 
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and Na-
tionality 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)). 
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(I) Section 801 of the Admiral James W. Nance and Meg Dono-
van Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (8 U.S.C. 1182e). 
(J) Section 219(a) of the Immigration and Nationality Act (8 
U.S.C. 1189(a)). 
(K) Section 237(a)(4)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1227(a)(4)(C)). 
(L) Section 51 of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2723). 
(M) Section 401 of the Cuban Liberty and Democratic Soli-
darity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). 
(N) Section 103(f) of the Chemical Weapons Convention Imple-
mentation Act of 1998 (22 U.S.C. 6713(f)). 
(O) Section 616 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 
1999 (section 101(b) of division A of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999, Public 
Law 105–277, 112 Stat. 2681–114). 
(P) Section 568 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2002 (Public Law 
107–115, 115 Stat. 2166). 
(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.— 
Nothing in this section shall be construed to affect any delegation of 
authority to the Secretary of State by the President pursuant to any 
proclamation issued under section 212(f) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(f)), consistent with the Secretary of 
Homeland Security’s authority to refuse visas in accordance with law. 
(e) ASSIGNMENT OF DEPARTMENT EMPLOYEES TO DIPLOMATIC AND 
CONSULAR POSTS.— 
(1) IN GENERAL.—The Secretary may assign employees of the De-
partment to each diplomatic and consular post at which visas are 
issued, unless the Secretary determines that an assignment at a par-
ticular post would not promote homeland security. 
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(2) FUNCTIONS.—Employees assigned under paragraph (1) shall 
perform the following functions: 
(A) Provide expert advice and training to consular officers re-
garding specific security threats relating to the adjudication of in-
dividual visa applications or classes of applications. 
(B) Review applications, either on the initiative of the employee 
of the Department or upon request by a consular officer or other 
person charged with adjudicating applications. 
(C) Conduct investigations with respect to consular matters 
under the jurisdiction of the Secretary 
(3) EVALUATION OF CONSULAR OFFICERS.—The Secretary of State 
shall evaluate, in consultation with the Secretary, as considered appro-
priate by the Secretary, the performance of consular officers with re-
spect to the processing and adjudication of applications for visas in ac-
cordance with performance standards developed by the Secretary for 
these procedures. 
(4) REPORT.—The Secretary shall, on an annual basis, submit a re-
port to Congress that describes the basis for each determination under 
paragraph (1) that the assignment of an employee of the Department 
at a particular diplomatic post would not promote homeland security. 
(5) PERMANENT ASSIGNMENT; PARTICIPATION IN TERRORIST LOOK-
OUT COMMITTEE.—When appropriate, employees of the Department as-
signed to perform functions described in paragraph (2) may be as-
signed permanently to overseas diplomatic or consular posts with coun-
try-specific or regional responsibility. If the Secretary so directs, an 
employee, when present at an overseas post, shall participate in the ter-
rorist lookout committee established under section 304 of the Enhanced 
Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1733). 
(6) TRAINING AND HIRING.— 
(A) IN GENERAL.—The Secretary shall ensure, to the extent 
possible, that employees of the Department assigned to perform 
functions under paragraph (2) and, as appropriate, consular offi-
cers, shall be provided the necessary training to enable them to 
carry out the functions, including training in foreign languages, 
interview techniques, and fraud detection techniques, in conditions 
in the particular country where each employee is assigned, and in 
other appropriate areas of study. 
(B) USE OF CENTER.—The Secretary may use the George P. 
Shultz National Foreign Affairs Training Center, on a reimburs-
able basis, to obtain the training described in subparagraph (A). 
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(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—Nothing in this sec-
tion shall be construed to create or authorize a private right of action to 
challenge a decision of a consular officer or other United States official or 
employee to grant or deny a visa. 
(g) VISA ISSUANCE PROGRAM FOR SAUDI ARABIA.—On-site personnel of 
the Department shall review all visa applications for Saudi Arabia prior to 
adjudication. 
§ 10983. Information on visa denials required to be entered 
into electronic data system 
(a) IN GENERAL.—Whenever a consular officer of the United States de-
nies a visa to an applicant, the consular officer shall enter the fact and the 
basis of the denial and the name of the applicant into the interoperable elec-
tronic data system implemented under section 202(a) of the Enhanced Bor-
der Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722(a)). 
(b) PROHIBITION.—In the case of an alien with respect to whom a visa 
has been denied under subsection (a)— 
(1) no subsequent visa may be issued to the alien unless the consular 
officer considering the alien’s visa application has reviewed the infor-
mation concerning the alien placed in the interoperable electronic data 
system, has indicated on the alien’s application that the information 
has been reviewed, and has stated for the record why the visa is being 
issued or a waiver of visa ineligibility recommended in spite of that in-
formation; and 
(2) the alien may not be admitted to the United States without a 
visa issued in accordance with the procedures described in paragraph 
(1). 
§ 10984. Purpose and responsibilities of Office of Cargo Se-
curity Policy 
(a) PURPOSES.—The Office of Cargo Security Policy— 
(1) coordinates all Department policies relating to cargo security; 
and 
(2) consults with stakeholders and coordinates with other Federal 
agencies in the establishment of standards and regulations and the pro-
motion of best practices. 
(b) RESPONSIBILITIES OF DIRECTOR.—The Director of the Office of 
Cargo Security Policy— 
(1) advises the Assistant Secretary for Policy in the development of 
Department-wide policies regarding cargo security; 
(2) coordinates all policies relating to cargo security among the agen-
cies and offices within the Department relating to cargo security; and 
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(3) coordinates the cargo security policies of the Department with 
the policies of other executive agencies. 
(c) RELATIONSHIP WITH COAST GUARD.—Nothing in this section shall be 
construed to affect— 
(1) the authorities, functions, or capabilities of the Coast Guard to 
perform its missions; or 
(2) the requirement under section 10312 of this title that those au-
thorities, functions, and capabilities be maintained intact. 
§ 10985. Purpose, composition, and operation of Border En-
forcement Security Task Force 
(a) PURPOSE.—The purpose of the Border Enforcement Security Task 
Force (in this section referred to as ‘‘BEST’’) is to establish units to en-
hance border security by addressing and reducing border security threats 
and violence by— 
(1) facilitating collaboration among Federal, State, local, tribal, and 
foreign law enforcement agencies to execute coordinated activities in 
furtherance of border security, and homeland security; and 
(2) enhancing information sharing, including the dissemination of 
homeland security information among these agencies. 
(b) COMPOSITION AND ESTABLISHMENT OF UNITS.— 
(1) COMPOSITION.—BEST units may be comprised of personnel 
from— 
(A) U.S. Immigration and Customs Enforcement; 
(B) U.S. Customs and Border Protection; 
(C) the Coast Guard; 
(D) other Department personnel, as appropriate; 
(E) other Federal agencies, as appropriate; 
(F) appropriate State law enforcement agencies; 
(G) foreign law enforcement agencies, as appropriate; 
(H) local law enforcement agencies from affected border cities 
and communities; and 
(I) appropriate tribal law enforcement agencies. 
(2) ESTABLISHMENT.—The Secretary may establish BEST units in 
jurisdictions in which the units can contribute to BEST missions, as 
appropriate. Before establishing a BEST unit, the Secretary shall con-
sider— 
(A) whether the area in which the BEST unit would be estab-
lished is significantly impacted by cross-border threats; 
(B) the availability of Federal, State, local, tribal, and foreign 
law enforcement resources to participate in the BEST unit; 
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