[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1741 Reported in House (RH)]

                                                 Union Calendar No. 283
112th CONGRESS
   2d Session
                                H. R. 1741

                      [Report No. 112-411, Part I]

 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, to 
provide for the immediate dissemination of visa revocation information, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2011

 Mr. Smith of Texas (for himself, Mr. Bilirakis, Mr. King of Iowa, Mr. 
Calvert, Mr. Poe of Texas, Mr. Ross of Florida, Mr. Gallegly, Mr. Akin, 
 and Mr. McCaul) 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

                             March 8, 2012

 Additional sponsors: Mrs. Blackburn, Mr. Rohrabacher, Mr. Forbes, Mr. 
  Barletta, Mrs. Myrick, Mr. Bilbray, Mr. Brooks, Mr. Duncan of South 
                        Carolina, and Mr. Coble


                             March 8, 2012

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 8, 2012

    The Committee on Homeland Security discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
[For text of introduced bill, see copy of bill as introduced on May 5, 
                                 2011]

_______________________________________________________________________

                                 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, to 
provide for the immediate dissemination of visa revocation information, 
                        and for other purposes.


 


    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.--
            (1) In general.--Section 428 of the Homeland Security Act 
        of 2002 (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, 
        or any other habeas corpus provision, and sections 1361 and 
        1651 of such title, no court shall have jurisdiction to review 
        a decision by the Secretary of Homeland Security to refuse or 
        revoke a visa, and no court shall have jurisdiction to hear any 
        claim arising from, or any challenge to, such a revocation.
    ``(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 
        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).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to visa refusals and revocations occurring before, 
        on, or after such date.
    (b) Issuance of Visas at Designated Consular Posts and Embassies.--
            (1) In general.--Section 428(i) of the Homeland Security 
        Act of 2002 (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, except section 207 of the 
Foreign Service Act of 1980 (22 U.S.C. 3927) and the process 
established by the President for determining appropriate staffing at 
diplomatic missions and overseas constituent posts, 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 1 year 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 of 2002 have been stationed at 
                post such that the post is fully operational; and
                    (B) not later than 1 year 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 of 2002 
                that the Department of Homeland Security personnel 
                assigned to such post or embassy have been stationed at 
                post such that the post is fully operational.
    (c) Visa Revocation.--
            (1) Information.--Section 428 of the Homeland Security Act 
        of 2002 (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; judicial review of visa 
        revocations.--
                    (A) In general.--Section 221(i) of the Immigration 
                and Nationality Act (8 U.S.C. 1201(i)) is amended by 
                striking the final sentence and inserting the 
                following: ``A revocation under this subsection shall 
                take effect immediately and shall automatically cancel 
                any other valid visa that is in the alien's possession. 
                Notwithstanding any other provision of law, including 
                section 2241 of title 28, United States Code, or any 
                other habeas corpus provision, and sections 1361 and 
                1651 of such title, a revocation under this subsection 
                may not be reviewed by any court, and no court shall 
                have jurisdiction to hear any claim arising from, or 
                any challenge to, such a revocation.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on the date of the 
                enactment of this Act and shall apply to revocations 
                under section 221(i) of the Immigration and Nationality 
                Act (8 U.S.C. 1201(i)) occurring before, on, or after 
                such date.
                                                 Union Calendar No. 283

112th CONGRESS

   2d Session

                               H. R. 1741

                      [Report No. 112-411, Part I]

_______________________________________________________________________

                                 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, to 
provide for the immediate dissemination of visa revocation information, 
                        and for other purposes.

_______________________________________________________________________

                             March 8, 2012

     Reported from the Committee on the Judiciary with an amendment

                             March 8, 2012

    The Committee on Homeland Security discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed