H. R. 5005—53
(B) by redesignating subparagraphs (A) through (F)
as subparagraphs (B) through (G), respectively; and
(C) by inserting before subparagraph (B) (as so redesig-
nated) the following:
‘‘(A) The Secretary of Homeland Security, or the Sec-
retary’s designee.’’.
(3) CHAIRPERSON.—Section 115(b)(2) of title 49, United
States Code, is amended by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary of Homeland Security’’.
(b) APPROVAL
OF AIP GRANT APPLICATIONS
FOR SECURITY
ACTIVITIES.—Section 47106 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(g) CONSULTATION WITH SECRETARY
OF HOMELAND SECU-
RITY.—The Secretary shall consult with the Secretary of Homeland
Security before approving an application under this subchapter
for an airport development project grant for activities described
in section 47102(3)(B)(ii) only as they relate to security equipment
or section 47102(3)(B)(x) only as they relate to installation of bulk
explosive detection system.’’.
SEC. 427. COORDINATION OF INFORMATION AND INFORMATION TECH-
NOLOGY.
(a) DEFINITION OF AFFECTED AGENCY.—In this section, the term
‘‘affected 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 appro-
priate by the Secretary.
(b) COORDINATION.—The Secretary, in coordination with the
Secretary of Agriculture, the Secretary of Health and Human Serv-
ices, and the head of each other department or agency determined
to be appropriate by the Secretary, shall ensure that appropriate
information (as determined by the Secretary) concerning inspections
of articles that are imported or entered into the United States,
and are inspected or regulated by 1 or more affected agencies,
is timely and efficiently exchanged between the affected agencies.
(c) REPORT AND PLAN.—Not later than 18 months after the
date of enactment of this Act, the Secretary, in consultation with
the Secretary of Agriculture, the Secretary of Health and Human
Services, and the head of each other department or agency deter-
mined to be appropriate by the Secretary, shall submit to
Congress—
(1) a report on the progress made in implementing this
section; and
(2) a plan to complete implementation of this section.
SEC. 428. VISA ISSUANCE.
(a) DEFINITION.—In this subsection, the term ‘‘consular office’’
has the meaning given that term under section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)).
(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 provi-
sions of such Act, and of all other immigration and nationality
H. R. 5005—54
laws, relating to the functions of consular officers of the United
States in connection with the granting 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 authority 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 any
officer or employee of the United States, with the consent
of the head of the executive agency under whose jurisdiction
such 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 Sec-
retary of State may direct a consular officer to refuse a visa
to an alien if the Secretary of State deems such refusal nec-
essary or advisable in the foreign policy or security interests
of the United States.
(2) CONSTRUCTION REGARDING AUTHORITY.—Nothing in this
section, consistent with the Secretary of Homeland Security’s
authority to refuse visas in accordance with law, shall be con-
strued 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 Nation-
ality Act (8 U.S.C. 1154) (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 Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(IV)(bb)).
(D) Section 212(a)(3)(B)(i)(VI) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)(VI)).
(E) Section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).
(F) Section 212(a)(3)(C) of the Immigration and Nation-
ality 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)).
(I) Section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(J) Section 237(a)(4)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(4)(C)).
(K) Section 401 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6034; Public
Law 104–114).
(L) Section 613 of the Departments of Commerce, Jus-
tice, and State, the Judiciary and Related Agencies Appro-
priations Act, 1999 (as contained in section 101(b) of divi-
sion A of Public Law 105–277) (Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999); 112
Stat. 2681; H.R. 4328 (originally H.R. 4276) as amended
by section 617 of Public Law 106–553.
H. R. 5005—55
(M) Section 103(f) of the Chemical Weapon Convention
Implementation Act of 1998 (112 Stat. 2681–865).
(N) Section 801 of H.R. 3427, the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001, as enacted by reference
in Public Law 106–113.
(O) Section 568 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002
(Public Law 107–115).
(P) Section 51 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2723).
(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 Nationality 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 HOMELAND SECURITY EMPLOYEES TO DIPLO-
MATIC AND CONSULAR POSTS.—
(1) IN GENERAL.—The Secretary is authorized to assign
employees of the Department to each diplomatic and consular
post at which visas are issued, unless the Secretary determines
that such an assignment at a particular post would not promote
homeland security.
(2) FUNCTIONS.—Employees assigned under paragraph (1)
shall perform the following functions:
(A) Provide expert advice and training to consular offi-
cers regarding specific security threats relating to the adju-
dication of individual visa applications or classes of applica-
tions.
(B) Review any such applications, either on the initia-
tive of the employee of the Department or upon request
by a consular officer or other person charged with adjudi-
cating such 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 deemed appropriate by the Secretary, the performance of
consular officers with respect to the processing and adjudication
of applications for visas in accordance with performance stand-
ards developed by the Secretary for these procedures.
(4) REPORT.—The Secretary shall, on an annual basis,
submit a report 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
LOOKOUT
COMMITTEE.—When appropriate, employees of the
H. R. 5005—56
Department assigned to perform functions described in para-
graph (2) may be assigned permanently to overseas diplomatic
or consular posts with country-specific or regional responsi-
bility. If the Secretary so directs, any such employee, when
present at an overseas post, shall participate in the terrorist
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 any employees of the Department
assigned to perform functions under paragraph (2) and,
as appropriate, consular officers, shall be provided the nec-
essary training to enable them to carry out such functions,
including training in foreign languages, interview tech-
niques, 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 is authorized to
use the National Foreign Affairs Training Center, on a
reimbursable basis, to obtain the training described in
subparagraph (A).
(7) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary and the Secretary of State
shall submit to Congress—
(A) a report on the implementation of this subsection;
and
(B) any legislative proposals necessary to further the
objectives of this subsection.
(8) EFFECTIVE DATE.—This subsection shall take effect on
the earlier of—
(A) the date on which the President publishes notice
in the Federal Register that the President has submitted
a report to Congress setting forth a memorandum of under-
standing between the Secretary and the Secretary of State
governing the implementation of this section; or
(B) the date occurring 1 year after the date of enact-
ment of this Act.
(f) NO CREATION OF PRIVATE RIGHT OF ACTION.—Nothing in
this section 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) STUDY REGARDING USE OF FOREIGN NATIONALS.—
(1) IN GENERAL.—The Secretary of Homeland Security shall
conduct a study of the role of foreign nationals in the granting
or refusal of visas and other documents authorizing entry of
aliens into the United States. The study shall address the
following:
(A) The proper role, if any, of foreign nationals in
the process of rendering decisions on such grants and
refusals.
(B) Any security concerns involving the employment
of foreign nationals.
(C) Whether there are cost-effective alternatives to the
use of foreign nationals.
(2) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report