IB Union Calendar No. 283 112th CONGRESS 2d Session H. R. 1741 [Report No. 112–411, Part I] 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.

1.

Short title

This Act may be cited as the Secure Visas Act.

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.

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