[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4758 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4758
To authorize the Secretary of Homeland Security and the Secretary of
State to refuse or revoke visas to aliens if in the security or foreign
policy interests of the United States, to require the Secretary of
Homeland Security to review visa applications before adjudication, and
to provide for the immediate dissemination of visa revocation
information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2010
Mr. Smith of Texas (for himself, Mr. Bilirakis, Mr. Gallegly, Mr.
Daniel E. Lungren of California, Mr. King of Iowa, and Mr. Harper)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Homeland Security,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security and the Secretary of
State to refuse or revoke visas to aliens if in the security or foreign
policy interests of the United States, to require the Secretary of
Homeland Security to review visa applications before adjudication, and
to provide for the immediate dissemination of visa revocation
information.
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 ``Secure Visas Act''.
SEC. 2. VISA REFUSAL AND REVOCATION.
(a) Authority of the Secretary of Homeland Security and the
Secretary of State.--Section 428 of the Homeland Security Act (6 U.S.C.
236) is amended by striking subsections (b) and (c) and inserting the
following:
``(b) Authority of the Secretary of Homeland Security.--
``(1) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except for the authority of the Secretary
of State under subparagraphs (A) and (G) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
the Secretary--
``(A) shall have exclusive authority to issue
regulations, establish policy, and administer and
enforce the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and all other
immigration or nationality laws relating to the
functions of consular officers of the United States in
connection with the granting and refusal of a visa; and
``(B) may refuse or revoke any visa to any alien or
class of aliens if the Secretary, or designee,
determines that such refusal or revocation is necessary
or advisable in the security interests of the United
States.
``(2) Effect of revocation.--The revocation of any visa
under paragraph (1)(B)--
``(A) shall take effect immediately; and
``(B) shall automatically cancel any other valid
visa that is in the alien's possession.
``(3) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States Code,
any other habeas corpus provision, and sections 1361 and 1651
of such title, no United States court has jurisdiction to
review a decision by the Secretary of Homeland Security to
refuse or revoke a visa.
``(c) Authority of the Secretary of State.--
``(1) In general.--The Secretary of State may direct a
consular officer to refuse a visa requested by, or revoke a
visa issued to, an alien if the Secretary of State determines
such refusal or revocation to be necessary or advisable in the
foreign policy interests of the United States.
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
(b) Issuance of Visas at Designated Consular Posts and Embassies.--
(1) In general.--Section 428(i) of the Homeland Security
Act (6 U.S.C. 236(i)) is amended to read as follows:
``(i) Visa Issuance at Designated Consular Posts and Embassies.--
Notwithstanding any other provision of law, the Secretary of Homeland
Security--
``(1) shall conduct an on-site review of all visa
applications and supporting documentation before adjudication
at all visa-issuing posts in Algeria; Canada; Colombia; Egypt;
Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel;
Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico;
Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia;
South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab
Emirates; the United Kingdom; Venezuela; and Yemen; and
``(2) is authorized to assign employees of the Department
to each diplomatic and consular post at which visas are issued
unless, in the Secretary's sole and unreviewable discretion,
the Secretary determines that such an assignment at a
particular post would not promote national or homeland
security.''.
(2) Expedited clearance and placement of department of
homeland security personnel at overseas embassies and consular
posts.--The Secretary of State shall accommodate and ensure--
(A) not later than 180 days after the date of the
enactment of this Act, that Department of Homeland
Security personnel assigned by the Secretary of
Homeland Security under section 428(i)(1) of the
Homeland Security Act have been stationed at post; and
(B) not later than 180 days after the date on which
the Secretary of Homeland Security designates an
additional consular post or embassy for personnel under
section 428(i)(2) of the Homeland Security Act that the
Department of Homeland Security personnel assigned to
such post or embassy have been stationed at post.
(3) Appropriations.--There is authorized to be appropriated
$60,000,000 for each of the fiscal years 2010 and 2011, which
shall be used to expedite the implementation of section 428(i)
of the Homeland Security Act, as amended by this subsection.
(c) Visa Revocation.--
(1) Information.--Section 428 of the Homeland Security Act
(6 U.S.C. 236) is amended by adding at the end the following:
``(j) Visa Revocation Information.--If the Secretary of Homeland
Security or the Secretary of State revokes a visa--
``(1) the relevant consular, law enforcement, and terrorist
screening databases shall be immediately updated on the date of
the revocation; and
``(2) look-out notices shall be posted to all Department of
Homeland Security port inspectors and Department of State
consular officers.''.
(2) Effect of visa revocation.--Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
by striking ``, except in the context of a removal proceeding
if such revocation provides the sole ground for removal under
section 237(a)(1)(B).'' and inserting ``. A revocation under
this subsection shall take effect immediately and shall
automatically cancel any other valid visa that is in the
alien's possession.''.
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