[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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