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H.R. 9457IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 3 · H.R. 9457

Limitation on program-wide suspension of the diversity immigrant visa program

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(a) Prohibition on program-wide suspension Except as provided in subsection (b), the Secretary of State or the Secretary of Homeland Security, as applicable, may not suspend, pause, or stop the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)). (b) Limited exceptions The Secretary of State or the Secretary of Homeland Security, as applicable, may— (1) implement a country-specific or regional suspension or limitation on the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) following notification to Congress in accordance with subsection (c); (2) undertake a case-by-case delay, denial, or request for enhanced screening based on an individualized security, criminal, or eligibility determinations; or (3) suspend the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) for a limited period not exceeding 60 days with issuance automatically resuming on the date that is 60 days after the date of such suspension following notification to Congress in accordance with subsection (c). (c) Congressional notice and transparency requirements (1) Notice to congress Not later than 7 days before initiating a suspension or limitation described under subsection (b)(1), the Secretary of State or the Secretary of Homeland Security, as applicable, shall submit to the appropriate congressional committees notice of such suspension or limitation, including — (A) the scope, geographic reach, and duration of the suspension or limitation; (B) identification of the specific and extraordinary threat that necessitates the issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) and explanation why a narrower, targeted, or country-specific measure would not sufficiently address the identified threat, if applicable; (C) the specific national security or foreign policy rationale for the suspension or limitation; (D) the legal authority relied upon for such suspension; and (E) the steps being taken to resume normal issuance of visas pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)). (2) Public disclosure The notice described under paragraph (1) shall be published in the Federal Register, except for classified annexes provided to the appropriate congressional committees. (d) Protection for diversity immigrant visa selectees No individual issued a visa pursuant to section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)) shall lose eligibility for such visa as a result of a suspension described under subsection (b)(3). (e) Appropriate congressional committee defined In this section, the term appropriate congressional committee means— (1) the Committee on the Judiciary of the House of Representatives and the Senate; (2) the Committee on Foreign Affairs of the House of Representatives; and (3) the Committee on Foreign Relations on the Senate.

Sec. 3: Limitation on program-wide suspension of the diversity immigrant visa program · Public Law Tracker