I 

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. 

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


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 4758 IH

1 SECTION 1. SHORT TITLE. 

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

3 SEC. 2. VISA REFUSAL AND REVOCATION. 

4 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

5 SECURITY AND THE SECRETARY OF STATE.—Section 428 

6 of the Homeland Security Act (6 U.S.C. 236) is amended 

7 by striking subsections (b) and (c) and inserting the fol8 lowing: 

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

10 SECURITY.— 

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

12 104(a) of the Immigration and Nationality Act (8 

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

14 except for the authority of the Secretary of State 

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

16 101(a)(15) of the Immigration and Nationality Act 

17 (8 U.S.C. 1101(a)(15)), the Secretary— 

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

19 regulations, establish policy, and administer and 

20 enforce the provisions of the Immigration and 

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

22 other immigration or nationality laws relating 

23 to the functions of consular officers of the 

24 United States in connection with the granting 

25 and refusal of a visa; and 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 4758 IH

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

2 alien or class of aliens if the Secretary, or des3 ignee, determines that such refusal or revoca4 tion is necessary or advisable in the security in5 terests of the United States. 

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

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

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

9 ‘‘(B) shall automatically cancel any other 

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

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

12 other provision of law, including section 2241 of title 

13 28, United States Code, any other habeas corpus 

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

15 no United States court has jurisdiction to review a 

16 decision by the Secretary of Homeland Security to 

17 refuse or revoke a visa. 

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

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

20 direct a consular officer to refuse a visa requested 

21 by, or revoke a visa issued to, an alien if the Sec22 retary of State determines such refusal or revocation 

23 to be necessary or advisable in the foreign policy in24 terests of the United States. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 4758 IH

1 ‘‘(2) LIMITATION.—No decision by the Sec2 retary of State to approve a visa may override a de3 cision by the Secretary of Homeland Security under 

4 subsection (b).’’. 

5 (b) ISSUANCE OF VISAS AT DESIGNATED CONSULAR

6 POSTS AND EMBASSIES.— 

7 (1) IN GENERAL.—Section 428(i) of the Home8 land Security Act (6 U.S.C. 236(i)) is amended to 

9 read as follows: 

10 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

11 POSTS AND EMBASSIES.—Notwithstanding any other pro12 vision of law, the Secretary of Homeland Security— 

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

14 applications and supporting documentation before 

15 adjudication at all visa-issuing posts in Algeria; Can16 ada; Colombia; Egypt; Germany; Hong Kong; India; 

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

18 Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Mo19 rocco; Nigeria; Pakistan; the Philippines; Saudi Ara20 bia; South Africa; Syria; Tel Aviv, Israel; Turkey; 

21 United Arab Emirates; the United Kingdom; Ven22 ezuela; and Yemen; and 

23 ‘‘(2) is authorized to assign employees of the 

24 Department to each diplomatic and consular post at 

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


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 4758 IH

1 and unreviewable discretion, the Secretary deter2 mines that such an assignment at a particular post 

3 would not promote national or homeland security.’’. 

4 (2) EXPEDITED CLEARANCE AND PLACEMENT

5 OF DEPARTMENT OF HOMELAND SECURITY PER6 SONNEL AT OVERSEAS EMBASSIES AND CONSULAR

7 POSTS.—The Secretary of State shall accommodate 

8 and ensure— 

9 (A) not later than 180 days after the date 

10 of the enactment of this Act, that Department 

11 of Homeland Security personnel assigned by the 

12 Secretary of Homeland Security under section 

13 428(i)(1) of the Homeland Security Act have 

14 been stationed at post; and 

15 (B) not later than 180 days after the date 

16 on which the Secretary of Homeland Security 

17 designates an additional consular post or em18 bassy for personnel under section 428(i)(2) of 

19 the Homeland Security Act that the Depart20 ment of Homeland Security personnel assigned 

21 to such post or embassy have been stationed at 

22 post. 

23 (3) APPROPRIATIONS.—There is authorized to 

24 be appropriated $60,000,000 for each of the fiscal 

25 years 2010 and 2011, which shall be used to expeVerDate Nov 24 2008 05:20 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4758.IH H4758

jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 4758 IH

1 dite the implementation of section 428(i) of the 

2 Homeland Security Act, as amended by this sub3 section. 

4 (c) VISA REVOCATION.— 

5 (1) INFORMATION.—Section 428 of the Home6 land Security Act (6 U.S.C. 236) is amended by 

7 adding at the end the following: 

8 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec9 retary of Homeland Security or the Secretary of State re10 vokes a visa— 

11 ‘‘(1) the relevant consular, law enforcement, 

12 and terrorist screening databases shall be imme13 diately updated on the date of the revocation; and 

14 ‘‘(2) look-out notices shall be posted to all De15 partment of Homeland Security port inspectors and 

16 Department of State consular officers.’’. 

17 (2) EFFECT OF VISA REVOCATION.—Section 

18 221(i) of the Immigration and Nationality Act (8 

19 U.S.C. 1201(i)) is amended by striking ‘‘, except in 

20 the context of a removal proceeding if such revoca21 tion provides the sole ground for removal under sec22 tion 237(a)(1)(B).’’ and inserting ‘‘. A revocation 

23 under this subsection shall take effect immediately 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 4758 IH

1 and shall automatically cancel any other valid visa 

2 that is in the alien’s possession.’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS