22 U.S.C. § 2723 — Denial of visas

Page 1162 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2721 abroad, the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Reprogramming treatment Amounts made available to pay any expense related to the closing of a consular or diplo- matic post abroad shall be treated as a re- programming of funds under section 2706 of this title and shall not be available for obligation or expenditure except in compliance with the pro- cedures applicable to such reprogramming. (d) Exceptions The provisions of this section do not apply with respect to— (1) any post closed because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; or (2) any post closed because there is a real and present threat to United States diplo- matic or consular personnel in the city where the post is located, and a travel advisory warning against travel by United States citi- zens to that city has been issued by the De- partment of State. (e) ‘‘Consular or diplomatic post’’ defined As used in this section, the term ‘‘consular or diplomatic post’’ does not include a post to which only personnel of agencies other than the Department of State are assigned. (Aug. 1, 1956, ch. 841, title I, § 48, as added Pub. L. 102–138, title I, § 112(a)(1), Oct. 28, 1991, 105 Stat. 654.) Editorial Notes PRIOR PROVISIONS A prior section 48 of act Aug. 1, 1956, was set out as a Short Title of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654. Provisions similar to this section were contained in Pub. L. 100–204, title I, § 122, Dec. 22, 1987, 101 Stat. 1339, and set out as a note under section 2656 of this title, prior to repeal by Pub. L. 102–138, title I, § 112(b), Oct. 28, 1991, 105 Stat. 655. Statutory Notes and Related Subsidiaries AUTHORITY OF SECRETARY OF STATE Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see section 2651a of this title and section 161(d) of Pub. L. 103–236, set out as a note under section 2651a of this title. § 2721. Impermissible basis for denial of pass- ports A passport may not be denied issuance, re- voked, restricted, or otherwise limited because of any speech, activity, belief, affiliation, or membership, within or outside the United States, which, if held or conducted within the United States, would be protected by the first amendment to the Constitution of the United States. (Aug. 1, 1956, ch. 841, title I, § 49, as added Pub. L. 102–138, title I, § 113, Oct. 28, 1991, 105 Stat. 655.) § 2722. International meetings (a) Authority to pay expenses If the United States Government hosts an international meeting or conference in the United States, the Secretary of State is author- ized to pay all reasonable expenses of such meet- ing or conference. Such expenses may include rental of quarters (by contract or otherwise) and personal services. (b) Retention of reimbursements To the extent provided in an appropriation Act, transfers of funds or other reimbursements for payments under subsection (a) are author- ized to be retained and credited to the appro- priate appropriation account of the Department of State which is available. (Aug. 1, 1956, ch. 841, title I, § 50, as added Pub. L. 102–138, title I, § 119, Oct. 28, 1991, 105 Stat. 658.) § 2723. Denial of visas (a) Report to Congress (1) Denial of visas The Secretary shall report, on a timely basis, to the appropriate committees of the Congress each time a consular post denies a visa on the grounds of terrorist activities or foreign policy. Such report shall set forth the name and nationality of each such person and a factual statement of the basis for such de- nial. (2) Visa issuance to inadmissible aliens The Secretary shall, on a semiannual basis, submit to the appropriate committees of the Congress a report describing every instance during the period covered by the report in which a consular post or the Visa Office of the Department of State issued an immigrant or nonimmigrant visa to an alien who is inadmis- sible to the United States based upon terrorist activity or failed to object to the issuance of an immigrant or nonimmigrant visa to an alien notwithstanding any such ground of in- admissibility. The report shall set forth the name and nationality of the alien, the issuing post, and a brief factual statement of the basis for issuance of the visa or the failure to ob- ject. The report may be submitted in classified or unclassified form. (b) Limitation Information contained in such report may be classified to the extent necessary and shall pro- tect intelligence sources and methods. (c) Appropriate committees For the purposes of this section the term ‘‘ap- propriate committees of the Congress’’ means the Committee on the Judiciary and the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on the Judici- ary and the Committee on Foreign Relations of the Senate. (Aug. 1, 1956, ch. 841, title I, § 51, as added Pub. L. 102–138, title I, § 127(a), Oct. 28, 1991, 105 Stat. Page 1163 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2728 660; amended Pub. L. 107–228, div. A, title II, § 231, Sept. 30, 2002, 116 Stat. 1372.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–228 designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). § 2724. Fees for commercial services (a) Authority to charge fee (1) Subject to paragraph (2), the Secretary of State is authorized to charge a fee to cover the actual or estimated cost of providing any per- son, firm or organization (other than agencies of the United States Government) with commer- cial services at posts abroad on matters within the authority of the Department of State. (2) The authority of this section may be exer- cised only in countries where the Department of Commerce does not perform commercial serv- ices for which it collects fees. (b) Use of fees Funds collected under the authority of sub- section (a) shall be deposited as an offsetting collection to any Department of State appro- priation to recover the costs of providing com- mercial services. Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year fol- lowing the fiscal year in which the funds were deposited. (Aug. 1, 1956, ch. 841, title I, § 52, as added Pub. L. 103–236, title I, § 136, Apr. 30, 1994, 108 Stat. 396; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2204, Oct. 21, 1998, 112 Stat. 2681–808.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–277 inserted at end ‘‘Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year following the fiscal year in which the funds were deposited.’’ § 2725. Fees for use of the George P. Shultz Na- tional Foreign Affairs Training Center The Secretary is authorized to charge a fee for use of the George P. Shultz National Foreign Af- fairs Training Center of the Department of State. Amounts collected under this section (in- cluding reimbursements and surcharges) shall be deposited as an offsetting collection to any De- partment of State appropriation to recover the costs of such use and shall remain available for obligation until expended. (Aug. 1, 1956, ch. 841, title I, § 53, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2205(b), Oct. 21, 1998, 112 Stat. 2681–809; amended Pub. L. 107–132, § 2(a), Jan. 16, 2002, 115 Stat. 2412.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–132 inserted ‘‘George P. Shultz’’ be- fore ‘‘National Foreign Affairs Training Center’’ in sec- tion catchline and in text. Statutory Notes and Related Subsidiaries REPORTING ON PILOT PROGRAM Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2205(c), Oct. 21, 1998, 112 Stat. 2681–809, required the Secretary of State to submit, two years after Oct. 21, 1998, a re- port to Congress on the number of persons taking ad- vantage of the pilot program established under section 4021 of this title and this section, their business or gov- ernment affiliations, the amount of fees collected, and the impact of the program on the primary mission of the National Foreign Affairs Training Center, prior to repeal by Pub. L. 107–228, div. A, title III, § 318(3), Sept. 30, 2002, 116 Stat. 1380. § 2726. Fee for use of diplomatic reception rooms The Secretary is authorized to charge a fee for use of the diplomatic reception rooms of the De- partment of State. Amounts collected under this section (including reimbursements and sur- charges) shall be deposited as an offsetting col- lection to any Department of State appropria- tion to recover the costs of such use and shall remain available for obligation until expended. (Aug. 1, 1956, ch. 841, title I, § 54, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2206, Oct. 21, 1998, 112 Stat. 2681–810.) § 2727. Accounting of collections in budget pres- entation documents The Secretary shall include in the annual Con- gressional Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year and the projected expenditures from all collections accounts. (Aug. 1, 1956, ch. 841, title I, § 55, as added Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2207, Oct. 21, 1998, 112 Stat. 2681–810.) § 2728. Crimes committed by diplomats (a) Annual report concerning diplomatic immu- nity (1) Report to Congress 180 days after October 21, 1998, and annually thereafter, the Secretary of State shall pre- pare and submit to the Congress, a report con- cerning diplomatic immunity entitled ‘‘Report on Cases Involving Diplomatic Immunity’’. (2) Content of report In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following: (A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. (B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within