II 111th CONGRESS 2d Session S. 2944 IN THE SENATE OF THE UNITED STATES January 21, 2010 Mr. Cornyn (for himself, Mrs. Hutchison, Mr. Vitter, Mr. Chambliss, Mr. Roberts, Mr. LeMieux, and Mr. Isakson) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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 all visa applications before adjudication, and to provide for the immediate dissemination of visa revocation information.

1.

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, the Secretary of Homeland Security may refuse or revoke any visa to any alien or class of aliens if the Secretary, or designee, determines that such refusal is necessary or advisable in the security interests of the United States. (2)

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 or revoke a visa 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 under this subsection may override a decision by the Secretary of Homeland Security under subsection (b). .

2.

Issuance of visas at designated consular posts and embassies

(a)

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 review all visa applications and supporting documentation before adjudication; (2)shall have sole authority to issue, refuse, and revoke visas in Algeria, Canada, Egypt, Germany, Great Britain, Hong Kong, Indonesia, Iraq, Israel, Jordan, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, Philippines, Saudi Arabia, South Africa, Syria, Turkey, Venezuela, and Yemen; and (3)may designate additional consular posts and embassies for on-site Department of Homeland Security personnel to review visa applications if the Secretary determines that national or homeland security interests warrant such designation. . (b)

Appropriations

There is authorized to be appropriated $30,000,000 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 section.

3.

Visa revocation 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. .