IB 

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


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Visas Act’’. 

5 SEC. 2. VISA REFUSAL AND REVOCATION. 

6 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

7 SECURITY AND THE SECRETARY OF STATE.— 

8 (1) IN GENERAL.—Section 428 of the Homeland 

9 Security Act of 2002 (6 U.S.C. 236) is amended by 

10 striking subsections (b) and (c) and inserting the fol11 lowing: 

12 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

13 SECURITY.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding section 

15 104(a) of the Immigration and Nationality Act (8 

16 U.S.C. 1104(a)) or any other provision of law, and 

17 except for the authority of the Secretary of State 

18 under subparagraphs (A) and (G) of section 

19 101(a)(15) of the Immigration and Nationality Act 

20 (8 U.S.C. 1101(a)(15)), the Secretary— 

21 ‘‘(A) shall have exclusive authority to issue 

22 regulations, establish policy, and administer and 

23 enforce the provisions of the Immigration and 

24 Nationality Act (8 U.S.C. 1101 et seq.) and all 

25 other immigration or nationality laws relating 


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1 to the functions of consular officers of the United 

2 States in connection with the granting and re3 fusal of a visa; and 

4 ‘‘(B) may refuse or revoke any visa to any 

5 alien or class of aliens if the Secretary, or des6 ignee, determines that such refusal or revocation 

7 is necessary or advisable in the security interests 

8 of the United States. 

9 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

10 of any visa under paragraph (1)(B)— 

11 ‘‘(A) shall take effect immediately; and 

12 ‘‘(B) shall automatically cancel any other 

13 valid visa that is in the alien’s possession. 

14 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

15 other provision of law, including section 2241 of title 

16 28, United States Code, or any other habeas corpus 

17 provision, and sections 1361 and 1651 of such title, 

18 no court shall have jurisdiction to review a decision 

19 by the Secretary of Homeland Security to refuse or 

20 revoke a visa, and no court shall have jurisdiction to 

21 hear any claim arising from, or any challenge to, 

22 such a revocation. 

23 ‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 

24 ‘‘(1) IN GENERAL.—The Secretary of State may 

25 direct a consular officer to refuse a visa requested by, 


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1 or revoke a visa issued to, an alien if the Secretary 

2 of State determines such refusal or revocation to be 

3 necessary or advisable in the interests of the United 

4 States. 

5 ‘‘(2) LIMITATION.—No decision by the Secretary 

6 of State to approve a visa may override a decision by 

7 the Secretary of Homeland Security under subsection 

8 (b).’’. 

9 (2) EFFECTIVE DATE.—The amendment made by 

10 paragraph (1) shall take effect on the date of the en11 actment of this Act and shall apply to visa refusals 

12 and revocations occurring before, on, or after such 

13 date. 

14 (b) ISSUANCE OF VISAS AT DESIGNATED CONSULAR

15 POSTS AND EMBASSIES.— 

16 (1) IN GENERAL.—Section 428(i) of the Home17 land Security Act of 2002 (6 U.S.C. 236(i)) is 

18 amended to read as follows: 

19 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

20 POSTS AND EMBASSIES.—Notwithstanding any other pro21 vision of law, except section 207 of the Foreign Service Act 

22 of 1980 (22 U.S.C. 3927) and the process established by the 

23 President for determining appropriate staffing at diplo24 matic missions and overseas constituent posts, the Secretary 

25 of Homeland Security— 


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1 ‘‘(1) shall conduct an on-site review of all visa 

2 applications and supporting documentation before ad3 judication at all visa-issuing posts in Algeria; Can4 ada; Colombia; Egypt; Germany; Hong Kong; India; 

5 Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala 

6 Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Mo7 rocco; Nigeria; Pakistan; the Philippines; Saudi Ara8 bia; South Africa; Syria; Tel Aviv, Israel; Turkey; 

9 United Arab Emirates; the United Kingdom; Ven10 ezuela; and Yemen; and 

11 ‘‘(2) is authorized to assign employees of the De12 partment to each diplomatic and consular post at 

13 which visas are issued unless, in the Secretary’s sole 

14 and unreviewable discretion, the Secretary determines 

15 that such an assignment at a particular post would 

16 not promote national or homeland security.’’. 

17 (2) EXPEDITED CLEARANCE AND PLACEMENT OF

18 DEPARTMENT OF HOMELAND SECURITY PERSONNEL

19 AT OVERSEAS EMBASSIES AND CONSULAR POSTS.— 

20 The Secretary of State shall accommodate and en21 sure— 

22 (A) not later than 1 year after the date of 

23 the enactment of this Act, that Department of 

24 Homeland Security personnel assigned by the 

25 Secretary of Homeland Security under section 


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1 428(i)(1) of the Homeland Security Act of 2002 

2 have been stationed at post such that the post is 

3 fully operational; and 

4 (B) not later than 1 year after the date on 

5 which the Secretary of Homeland Security des6 ignates an additional consular post or embassy 

7 for personnel under section 428(i)(2) of the 

8 Homeland Security Act of 2002 that the Depart9 ment of Homeland Security personnel assigned 

10 to such post or embassy have been stationed at 

11 post such that the post is fully operational. 

12 (c) VISA REVOCATION.— 

13 (1) INFORMATION.—Section 428 of the Homeland 

14 Security Act of 2002 (6 U.S.C. 236) is amended by 

15 adding at the end the following: 

16 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec17 retary of Homeland Security or the Secretary of State re18 vokes a visa— 

19 ‘‘(1) the relevant consular, law enforcement, and 

20 terrorist screening databases shall be immediately up21 dated on the date of the revocation; and 

22 ‘‘(2) look-out notices shall be posted to all De23 partment of Homeland Security port inspectors and 

24 Department of State consular officers.’’. 


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1 (2) EFFECT OF VISA REVOCATION; JUDICIAL RE2 VIEW OF VISA REVOCATIONS.— 

3 (A) IN GENERAL.—Section 221(i) of the Im4 migration and Nationality Act (8 U.S.C. 

5 1201(i)) is amended by striking the final sen6 tence and inserting the following: ‘‘A revocation 

7 under this subsection shall take effect imme8 diately and shall automatically cancel any other 

9 valid visa that is in the alien’s possession. Not10 withstanding any other provision of law, includ11 ing section 2241 of title 28, United States Code, 

12 or any other habeas corpus provision, and sec13 tions 1361 and 1651 of such title, a revocation 

14 under this subsection may not be reviewed by 

15 any court, and no court shall have jurisdiction 

16 to hear any claim arising from, or any challenge 

17 to, such a revocation.’’. 

18 (B) EFFECTIVE DATE.—The amendment 

19 made by subparagraph (A) shall take effect on 

20 the date of the enactment of this Act and shall 

21 apply to revocations under section 221(i) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1201(i)) occurring before, on, or after such date. 


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srobinson on DSK4SPTVN1PROD with BILLS
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 

tion, and for other purposes. mediate dissemination of visa revocation informacations before adjudication, to provide for the imretary of Homeland Security to review visa appliinterests of the United States, to require the Secvisas to aliens if in the security or foreign policy and the Secretary of State to refuse or revoke 

MARCH 8, 2012 

Reported from the Committee on the Judiciary with an 

amendment 

MARCH 8, 2012 

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


srobinson on DSK4SPTVN1PROD with BILLS