Diversity Visa Protection and Modernization Act in plain language
1: Short title
This section says the Act may be called the Diversity Visa Protection and Modernization Act.
Show official text
1. Short title This Act may be cited as the Diversity Visa Protection and Modernization Act .
2: Findings and purpose
This section lists Congress's findings and the Act's stated purposes. Congress states that the Diversity Immigrant Visa Program was created under section 203(c) of the Immigration and Nationality Act to promote diversity in lawful permanent immigration to the United States. Congress states that it has given the executive branch authority to administer immigration programs, including conducting security screening and imposing targeted restrictions where justified by national security or foreign policy concerns, and that this authority has historically included country-specific, regional, or case-by-case limitations, such as restrictions tied to armed conflict, sanctions, diplomatic breakdowns, or individualized security risks. Congress states that suspending the program program-wide or indefinitely, including halting issuance across all eligible countries, goes beyond routine administrative discretion unless a law specifically authorizes it. Congress states that national security screening of applicants happens before a visa is issued and can be strengthened or tailored without suspending the whole program, and that indefinite or opaque administrative pauses undermine congressional intent, due process, and the lawful expectations of people selected for the program. The section then states that the Act's purpose is to reaffirm that Congress has authority over whether the program continues as a whole, to distinguish between permissible targeted restrictions and an impermissible wholesale suspension, to ensure transparency, accountability, and congressional oversight when the executive branch limits processing of these visas, and to protect eligible selectees from losing their lawful immigration opportunity because of a broad, non-specific administrative pause or executive action.
Show official text
2. Findings and purpose (a) Findings Congress finds the following: (1) The Diversity Immigrant Visa Program is a congressionally authorized program established under section 203(c) of the Immigration and Nationality Act to promote diversity in lawful permanent immigration to the United States of America. (2) Congress has delegated to the executive branch authority to administer immigration programs, including conducting security screening and imposing targeted restrictions where justified by national security or foreign policy concerns. (3) Such authority has historically included country-specific, regional, or case-by-case limitations, including restrictions related to armed conflict, sanctions, diplomatic breakdowns, or individualized security risks. (4) Program-wide or indefinite suspension of the Diversity Immigrant Visa Program, including halting issuance across all eligible countries, exceeds routine administrative discretion absent explicit statutory authorization. (5) National security screening of Diversity Immigrant Visa applicants occurs prior to visa issuance and can be strengthened or tailored without suspending the program as a whole. (6) Indefinite or opaque administrative pauses undermine congressional intent, due process, and the lawful expectations of Diversity Immigrant Visa selectees. (b) Purpose The purpose of this Act is to— (1) reaffirm the authority of Congress over the continuation of the Diversity Immigrant Visa Program as a whole; (2) distinguish between permissible targeted restrictions and impermissible wholesale suspension of the program; (3) ensure transparency, accountability, and congressional oversight when the executive branch limits Diversity Immigrant Visa processing; and (4) protect eligible Diversity Immigrant Visa selectees from losing lawful immigration opportunities due to broad, non-specific administrative pauses (or Executive action).
3: Limitation on program-wide suspension of the diversity immigrant visa program
This section would limit the executive branch's ability to halt the Diversity Immigrant Visa Program created under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)). Except as allowed by the exceptions below, the Secretary of State or the Secretary of Homeland Security, whichever applies, would not be allowed to suspend, pause, or stop the issuance of these visas program-wide. The Secretary of State or the Secretary of Homeland Security would still be allowed to take three kinds of action. First, that official could put in place a country-specific or regional suspension or limitation on issuing these visas, following notification to Congress in accordance with the notice requirements described below. Second, that official could delay, deny, or require enhanced screening for a visa on a case-by-case basis, based on an individualized security, criminal, or eligibility determination; the text does not require advance notice to Congress for this case-by-case option. Third, that official could suspend issuance of these visas for a limited period of up to 60 days, with issuance automatically resuming on the date 60 days after the suspension began, following notification to Congress in accordance with subsection (c). Not later than 7 days before starting a country-specific or regional suspension or limitation, the Secretary of State or the Secretary of Homeland Security, as applicable, must submit notice of the suspension or limitation to the appropriate congressional committees. That notice must include the scope, geographic reach, and duration of the suspension or limitation; identification of the specific and extraordinary threat that requires issuing visas under section 203(c) of the Immigration and Nationality Act, along with an explanation of why a narrower, targeted, or country-specific measure would not sufficiently address that threat, if applicable; the specific national security or foreign policy reason for the suspension or limitation; the legal authority relied on; and the steps being taken to resume normal issuance of the visas. This notice must be published in the Federal Register, except that any classified annex provided to the congressional committees does not have to be published. No individual who was issued one of these visas would lose eligibility for that visa because of a suspension imposed under the 60-day limited-suspension option; the text does not extend this protection to a country-specific or regional suspension. The section defines 'appropriate congressional committee' to mean the Committee on the Judiciary of the House of Representatives and of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate.
Show official text
3. Limitation on program-wide suspension of the diversity immigrant visa program (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.