II 

111TH CONGRESS 

2D SESSION S. 3077 

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 SENATE OF THE UNITED STATES 

MARCH 4, 2010 

Mr. CORNYN (for himself, Mr. ROBERTS, Mr. ISAKSON, and Mrs. HUTCHISON) 

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 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, 

3 SECTION 1. SHORT TITLE. 

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


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•S 3077 IS

1 SEC. 2. VISA REFUSAL AND REVOCATION. 

2 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

3 SECURITY AND THE SECRETARY OF STATE.—Section 428 

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

5 by striking subsections (b) and (c) and inserting the fol6 lowing: 

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, and 

12 except for the authority of the Secretary of State 

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

14 101(a)(15) of the Immigration and Nationality Act 

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

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

17 regulations, establish policy, and administer and 

18 enforce the provisions of the Immigration and 

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

20 other immigration or nationality laws relating 

21 to the functions of consular officers of the 

22 United States in connection with the granting 

23 and refusal of a visa; and 

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

25 alien or class of aliens if the Secretary, or des26 ignee, determines that such refusal or revocaVerDate Nov 24 2008 18:03 Mar 18, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3077.IS S3077

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•S 3077 IS

1 tion is necessary or advisable in the security in2 terests of the United States. 

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

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

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

6 ‘‘(B) shall automatically cancel any other 

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

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

9 other provision of law, including section 2241 of title 

10 28, United States Code, any other habeas corpus 

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

12 no United States court has jurisdiction to review a 

13 decision by the Secretary of Homeland Security to 

14 refuse or revoke a visa. 

15 ‘‘(c) EFFECT OF VISA APPROVAL BY THE SEC16 RETARY OF STATE.— 

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

18 direct a consular officer to refuse or revoke a visa 

19 to an alien if the Secretary determines that such re20 fusal or revocation is necessary or advisable in the 

21 foreign policy interests of the United States. 

22 ‘‘(2) LIMITATION.—No decision by the Sec23 retary of State to approve a visa may override a de24 cision by the Secretary under subsection (b).’’. 


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•S 3077 IS

1 (b) ISSUANCE OF VISAS AT DESIGNATED CONSULAR

2 POSTS AND EMBASSIES.— 

3 (1) IN GENERAL.—Section 428(i) of the Home4 land Security Act (6 U.S.C. 236(i)) is amended to 

5 read as follows: 

6 ‘‘(i) VISA ISSUANCE AT DESIGNATED CONSULAR

7 POSTS AND EMBASSIES.—Notwithstanding any other pro8 vision of law, the Secretary of Homeland Security— 

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

10 applications and supporting documentation before 

11 adjudication at all visa-issuing posts in Algeria; Can12 ada; Colombia; Egypt; Germany; Hong Kong, China; 

13 India; Indonesia; Iraq; Jerusalem, Israel; Tel Aviv, 

14 Israel; Jordan; Kuwait; Lebanon; Kuala Lumpur, 

15 Malaysia; Mexico; Morocco; Nigeria; Pakistan; the 

16 Philippines; Saudi Arabia; South Africa; Syria; Tur17 key; United Arab Emirates; the United Kingdom; 

18 Venezuela; and Yemen; and 

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

20 Department to each diplomatic and consular post at 

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

22 and unreviewable discretion, the Secretary deter23 mines that such an assignment at a particular post 

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


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•S 3077 IS

1 (2) EXPEDITED CLEARANCE AND PLACEMENT

2 OF DEPARTMENT OF HOMELAND SECURITY PER3 SONNEL AT OVERSEAS EMBASSIES AND CONSULAR

4 POSTS.—The Secretary of State shall accommodate 

5 and ensure— 

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

7 of the enactment of this Act, that Department 

8 of Homeland Security personnel assigned by the 

9 Secretary of Homeland Security under section 

10 428(i)(1) of the Homeland Security Act have 

11 been stationed at post; and 

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

13 on which the Secretary of Homeland Security 

14 designates an additional consular post or em15 bassy for personnel under section 428(i)(2) of 

16 the Homeland Security Act that the Depart17 ment of Homeland Security personnel assigned 

18 to such post or embassy have been stationed at 

19 post. 

20 (3) APPROPRIATIONS.—There is authorized to 

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

22 years 2010 and 2011, which shall be used to expe23 dite the implementation of section 428(i) of the 

24 Homeland Security Act, as amended by this sub25 section. 


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•S 3077 IS

1 (c) VISA REVOCATION.— 

2 (1) INFORMATION.—Section 428 of the Home3 land Security Act (6 U.S.C. 236) is amended by 

4 adding at the end the following: 

5 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec6 retary of Homeland Security or the Secretary of State re7 vokes a visa— 

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

9 and terrorist screening databases shall be imme10 diately updated on the date of the revocation; and 

11 ‘‘(2) look-out notices shall be posted to all De12 partment of Homeland Security port inspectors and 

13 Department of State consular officers.’’. 

14 (2) EFFECT OF VISA REVOCATION.—Section 

15 221(i) of the Immigration and Nationality Act (8 

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

17 the context of a removal proceeding if such revoca18 tion provides the sole ground for removal under sec19 tion 237(a)(1)(B).’’ and inserting ‘‘. A revocation 

20 under this subsection shall take effect immediately 

21 and shall automatically cancel any other valid visa 

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

Æ 


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