[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2938 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2938

To require the entry of information on visa denials into the electronic 
data system, to require a study on use of foreign national personnel in 
                visa processing, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2002

   Ms. Snowe introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require the entry of information on visa denials into the electronic 
data system, to require a study on use of foreign national personnel in 
                visa processing, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Visa Issuance Act of 2002''.

SEC. 2. 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 202(a) 
of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
U.S.C. 1722(a)).
    (b) Prohibition.--In the case of any 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 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).

SEC. 3. STUDY ON USE OF FOREIGN NATIONAL PERSONNEL IN VISA PROCESSING.

    (a) Study.--The Secretary of Homeland Security shall conduct a 
study on the use of foreign national personnel in visa processing to 
determine whether such uses are consistent with secure visa processing. 
The study shall review and make recommendations with respect to--
            (1) the effects or possible effects on national security of 
        the use of foreign national personnel in individual countries 
        to perform data entry, process visas or visa applications, or 
        in any way handle visas or visa application documents; and
            (2) each United States mission abroad to determine whether 
        United States consular services performed at the United States 
        mission require different regulations on the use of foreign 
        national personnel.
    (b) Use of Recommendations.--Not later than four months after the 
effective date of division A of the National Homeland Security and 
Combating Terrorism Act of 2002, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall include the 
recommendations made by the study required under subsection (a) in the 
regulations and policies of consular services that the Secretary of 
Homeland Security is required to promulgate under this Act.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that the Secretary of Homeland Security 
should develop and maintain intelligence analysts from among the 
employees of the Directorate of Intelligence.
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