II 

111TH CONGRESS 

2D SESSION S. 2944 

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. 

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


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1 SECTION 1. AUTHORITY OF THE SECRETARY OF HOME2 LAND SECURITY AND THE SECRETARY OF 

3 STATE. 

4 Section 428 of the Homeland Security Act (6 U.S.C. 

5 236) is amended by striking subsections (b) and (c) and 

6 inserting the following: 

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

8 SECURITY.— 

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

10 104(a) of the Immigration and Nationality Act (8 

11 U.S.C. 1104(a)) or any other provision of law, the 

12 Secretary of Homeland Security may refuse or re13 voke any visa to any alien or class of aliens if the 

14 Secretary, or designee, determines that such refusal 

15 is necessary or advisable in the security interests of 

16 the United States. 

17 ‘‘(2) JUDICIAL REVIEW.—Notwithstanding any 

18 other provision of law, including section 2241 of title 

19 28, United States Code, any other habeas corpus 

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

21 no United States court has jurisdiction to review a 

22 decision by the Secretary of Homeland Security to 

23 refuse or revoke a visa. 

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

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

26 direct a consular officer to refuse or revoke a visa 


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1 to an alien if the Secretary of State determines such 

2 refusal or revocation to be necessary or advisable in 

3 the foreign policy interests of the United States. 

4 ‘‘(2) LIMITATION.—No decision by the Sec5 retary of State to approve a visa under this sub6 section may override a decision by the Secretary of 

7 Homeland Security under subsection (b).’’. 

8 SEC. 2. ISSUANCE OF VISAS AT DESIGNATED CONSULAR 

9 POSTS AND EMBASSIES. 

10 (a) IN GENERAL.—Section 428(i) of the Homeland 

11 Security Act (6 U.S.C. 236(i)) is amended to read as fol12 lows: 

13 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

14 POSTS AND EMBASSIES.—Notwithstanding any other pro15 vision of law, the Secretary of Homeland Security— 

16 ‘‘(1) shall review all visa applications and sup17 porting documentation before adjudication; 

18 ‘‘(2) shall have sole authority to issue, refuse, 

19 and revoke visas in Algeria, Canada, Egypt, Ger20 many, Great Britain, Hong Kong, Indonesia, Iraq, 

21 Israel, Jordan, Kuwait, Lebanon, Mexico, Morocco, 

22 Nigeria, Pakistan, Philippines, Saudi Arabia, South 

23 Africa, Syria, Turkey, Venezuela, and Yemen; and 

24 ‘‘(3) may designate additional consular posts 

25 and embassies for on-site Department of Homeland 


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1 Security personnel to review visa applications if the 

2 Secretary determines that national or homeland se3 curity interests warrant such designation.’’. 

4 (b) APPROPRIATIONS.—There is authorized to be ap5 propriated $30,000,000 for each of the fiscal years 2010 

6 and 2011, which shall be used to expedite the implementa7 tion of section 428(i) of the Homeland Security Act, as 

8 amended by this section. 

9 SEC. 3. VISA REVOCATION INFORMATION. 

10 Section 428 of the Homeland Security Act (6 U.S.C. 

11 236) is amended by adding at the end the following: 

12 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec13 retary of Homeland Security or the Secretary of State re14 vokes a visa— 

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

16 and terrorist screening databases shall be imme17 diately updated on the date of the revocation; and 

18 ‘‘(2) look-out notices shall be posted to all De19 partment of Homeland Security port inspectors and 

20 Department of State consular officers.’’. 

Æ 


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