6 Usc 236(b)(1)

§ 234

TITLE 6—DOMESTIC SECURITY

to Congress a report containing a plan for complying with the requirements of section 44901(d)
of title 49.
(c) Limitations on statutory construction
(1) Grant of authority
Nothing in this chapter may be construed to
vest in the Secretary or any other official in
the Department any authority over transportation security that is not vested in the Under
Secretary of Transportation for Security, or
in the Secretary of Transportation under
chapter 449 of title 49 on the day before November 25, 2002.
(2) Obligation of AIP funds
Nothing in this chapter may be construed to
authorize the Secretary or any other official
in the Department to obligate amounts made
available under section 48103 of title 49.
(Pub. L. 107–296, title IV, § 423, Nov. 25, 2002, 116
Stat. 2185.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c), was in the
original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25,
2002, 116 Stat. 2135, known as the Homeland Security
Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 101 of this
title and Tables.

§ 234. Preservation of Transportation Security
Administration as a distinct entity
(a) In general
Notwithstanding any other provision of this
chapter, and subject to subsection (b) of this
section, the Transportation Security Administration shall be maintained as a distinct entity
within the Department under the Under Secretary for Border Transportation and Security.
(b) Sunset
Subsection (a) of this section shall cease to
apply 2 years after November 25, 2002.
(Pub. L. 107–296, title IV, § 424, Nov. 25, 2002, 116
Stat. 2185.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25,
2002, 116 Stat. 2135, known as the Homeland Security
Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 101 of this
title and Tables.

§ 235. Coordination of information and information technology
(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 appropriate by the Secretary.
(b) Coordination
The Secretary, in coordination with the Secretary of Agriculture, the Secretary of Health

Page 68

and Human Services, 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 November 25,
2002, 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 determined 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.
(Pub. L. 107–296, title IV, § 427, Nov. 25, 2002, 116
Stat. 2187.)
§ 236. Visa issuance
(a) Definition
In this subsection,1 the term ‘‘consular office’’ 2 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 provisions of such
Act [8 U.S.C. 1101 et seq.], and of all other immigration and nationality 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) of this section, the Secretary of State may direct a consular officer to refuse a visa to an alien if the
Secretary of State deems such refusal nec1 So
2 So

in original. Probably should be ‘‘section’’.
in original. Probably should be ‘‘ ‘consular officer’ ’’.

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TITLE 6—DOMESTIC SECURITY

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
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) (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 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)).
(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 Nationality 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. 6091].
(L) Section 613 of the Departments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1999 3
(as contained in section 101(b) of division 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.
(M) Section 103(f) of the Chemical Weapon
Convention Implementation Act of 1998 [22
U.S.C. 6713(f)] (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 [8 U.S.C. 1182e], 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 Authorities 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—
3 See

References in Text note below.

§ 236

(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 diplomatic 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 officers regarding specific security
threats relating to the adjudication of individual visa applications or classes of applications.
(B) Review any such applications, either
on the initiative of the employee of the Department or upon request by a consular officer or other person charged with adjudicating 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 standards 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 Department assigned to perform functions described
in paragraph (2) may be assigned permanently
to overseas diplomatic or consular posts with
country-specific or regional responsibility. If
the Secretary so directs, any such employee,
when present at an overseas post, shall participate in the terrorist lookout committee es-

§ 236

TITLE 6—DOMESTIC SECURITY

tablished 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 necessary
training to enable them to carry out such
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 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 November 25,
2002, 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 understanding between the Secretary and the Secretary of State governing the implementation of this section; or
(B) the date occurring 1 year after November 25, 2002.
(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 November 25,
2002, the Secretary shall submit a report con-

Page 70

taining the findings of the study conducted
under paragraph (1) to the Committee on the
Judiciary, the Committee on International
Relations, and the Committee on Government
Reform of the House of Representatives, and
the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee
on Government 4 Affairs of the Senate.
(h) Report
Not later than 120 days after November 25,
2002, the Director of the Office of Science and
Technology Policy shall submit to Congress a
report on how the provisions of this section will
affect procedures for the issuance of student
visas.
(i) Visa issuance program for Saudi Arabia
Notwithstanding any other provision of law,
after November 25, 2002, all third party screening
programs in Saudi Arabia shall be terminated.
On-site personnel of the Department of Homeland Security shall review all visa applications
prior to adjudication.
(Pub. L. 107–296, title IV, § 428, Nov. 25, 2002, 116
Stat. 2187.)
REFERENCES IN TEXT
The Immigration and Nationality Act, referred to in
subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163,
as amended, which is classified principally to chapter
12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For
complete classification of this Act to the Code, see
Short Title note set out under section 1101 of Title 8
and Tables.
Section 613 of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations Act, 1999, referred to in subsec. (c)(2)(L), probably means section 101(b) [title VI, § 616] of Pub. L.
105–277, div. A, Oct. 21, 1998, 112 Stat. 2681–50, 2681–114,
as amended, which prohibits use of funds for issuance of
visas to persons alleged to have ordered, carried out, or
materially assisted in extrajudicial and political killings in Haiti and to certain others and is not classified
to the Code.
Section 103(f) of the Chemical Weapon Convention
Implementation Act of 1998, referred to in subsec.
(c)(2)(M), probably means section 103(f) of the Chemical
Weapons Convention Implementation Act of 1998, which
is classified to section 6713(f) of Title 22, Foreign Relations and Intercourse.
Section 568 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, referred to in subsec. (c)(2)(O), is section 568 of title V of
Pub. L. 107–115, Jan. 10, 2002, 115 Stat. 2166, which is not
classified to the Code.
CHANGE OF NAME
References to National Foreign Affairs Training Center considered to refer to George P. Shultz National
Foreign Affairs Training Center, see section 1(b) of
Pub. L. 107–132, set out as a note under section 4021 of
this title.
Committee on International Relations of House of
Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution
No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and
Government Reform of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007.
Committee on Governmental Affairs of Senate
changed to Committee on Homeland Security and Gov4 So

in original. Probably should be ‘‘Governmental’’.

Page 71

§ 239

TITLE 6—DOMESTIC SECURITY

ernmental Affairs of Senate, effective Jan. 4, 2005, by
Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.

§ 237. Information on visa denials required to be
entered into electronic data system
(a) In general
Whenever a consular officer of the United
States denies 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 electronic data system implemented under section 1722(a) of title 8.
(b) Prohibition
In the case of any alien with respect to whom
a visa has been denied under subsection (a) of
this section—
(1) no subsequent visa may be issued to the
alien unless the consular officer considering
the alien’s visa application has reviewed the
information 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 information; 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).
(Pub. L. 107–296, title IV, § 429, Nov. 25, 2002, 116
Stat. 2191.)
§ 238. Office for Domestic Preparedness
(a) In general
The Office for Domestic Preparedness shall be
within the Directorate of Border and Transportation Security.
(b) Director
There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by
the President, by and with the advice and consent of the Senate. The Director of the Office for
Domestic Preparedness shall report directly to
the Under Secretary for Border and Transportation Security.
(c) Responsibilities
The Office for Domestic Preparedness shall
have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism,
including—
(1) coordinating preparedness efforts at the
Federal level, and working with all State,
local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including
training, exercises, and equipment support;
(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at
all levels of government;
(3) directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human
Services) for all emergency response providers;

(4) incorporating the Strategy priorities into
planning guidance on an agency level for the
preparedness efforts of the Office for Domestic
Preparedness;
(5) providing agency-specific training for
agents and analysts within the Department,
other agencies, and State and local agencies
and international entities;
(6) as the lead executive branch agency for
preparedness of the United States for acts of
terrorism, cooperating closely with the Federal Emergency Management Agency, which
shall have the primary responsibility within
the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States;
(7) assisting and supporting the Secretary, in
coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management
activities of State, local, and tribal governments consistent with the mission and functions of the Directorate;
(8) those elements of the Office of National
Preparedness of the Federal Emergency Management Agency which relate to terrorism,
which shall be consolidated within the Department in the Office for Domestic Preparedness
established under this section; and
(9) helping to ensure the acquisition of interoperable communication technology by State
and local governments and emergency response providers.
(d) Fiscal years 2003 and 2004
During fiscal year 2003 and fiscal year 2004, the
Director of the Office for Domestic Preparedness
established under this section shall manage and
carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001.
(Pub. L. 107–296, title IV, § 430, Nov. 25, 2002, 116
Stat. 2191; Pub. L. 108–458, title VII, § 7303(h)(2),
Dec. 17, 2004, 118 Stat. 3847.)
AMENDMENTS
2004—Subsec. (c)(9). Pub. L. 108–458 added par. (9).

§ 239. Office of Cargo Security Policy
(a) Establishment
There is established within the Department an
Office of Cargo Security Policy (referred to in
this section as the ‘‘Office’’).
(b) Purpose
The Office shall—
(1) coordinate all Department policies relating to cargo security; and
(2) consult with stakeholders and coordinate
with other Federal agencies in the establishment of standards and regulations and to promote best practices.
(c) Director
(1) Appointment
The Office shall be headed by a Director,
who shall—