Page:United States Statutes at Large Volume 116 Part 3.djvu/597

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PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2189 (M) Section 103(f) of the Chemical Weapon Convention Implementation Act of 1998 (112 Stat. 2681-865). (N) Section 801 of H.R. 3427, tl e 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 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— (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 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.— W hen appropriate, employees of the