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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, 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 com-
mittee 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 revoca-
tion information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Secure Visas Act’’. 
SEC. 2. VISA REFUSAL AND REVOCATION. 
(a) AUTHORITY OF THE SECRETARY OF HOMELAND 
SECURITY AND THE SECRETARY OF STATE.—Section 428 
of the Homeland Security Act (6 U.S.C. 236) is amended 
by striking subsections (b) and (c) and inserting the fol-
lowing: 
‘‘(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 
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‘‘(B) may refuse or revoke any visa to any 
alien or class of aliens if the Secretary, or des-
ignee, determines that such refusal or revoca-
tion is necessary or advisable in the security in-
terests 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, any other habeas corpus 
provision, and sections 1361 and 1651 of such title, 
no United States court has jurisdiction to review a 
decision by the Secretary of Homeland Security to 
refuse or revoke a visa. 
‘‘(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 Sec-
retary of State determines such refusal or revocation 
to be necessary or advisable in the foreign policy in-
terests of the United States. 
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‘‘(2) LIMITATION.—No decision by the Sec-
retary of State to approve a visa may override a de-
cision by the Secretary of Homeland Security under 
subsection (b).’’. 
(b) ISSUANCE OF VISAS AT DESIGNATED CONSULAR 
POSTS AND EMBASSIES.— 
(1) IN GENERAL.—Section 428(i) of the Home-
land Security Act (6 U.S.C. 236(i)) is amended to 
read as follows: 
‘‘(i) VISA ISSUANCE
AT DESIGNATED CONSULAR 
POSTS AND EMBASSIES.—Notwithstanding any other pro-
vision of law, 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; Can-
ada; Colombia; Egypt; Germany; Hong Kong; India; 
Indonesia; Iraq; Jerusalem, Israel; Jordan; Kuala 
Lumpur, Malaysia; Kuwait; Lebanon; Mexico; Mo-
rocco; Nigeria; Pakistan; the Philippines; Saudi Ara-
bia; South Africa; Syria; Tel Aviv, Israel; Turkey; 
United Arab Emirates; the United Kingdom; Ven-
ezuela; 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 
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and unreviewable discretion, the Secretary deter-
mines 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
PER-
SONNEL AT OVERSEAS EMBASSIES AND CONSULAR 
POSTS.—The Secretary of State shall accommodate 
and ensure— 
(A) not later than 180 days 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 have 
been stationed at post; and 
(B) not later than 180 days after the date 
on which the Secretary of Homeland Security 
designates an additional consular post or em-
bassy for personnel under section 428(i)(2) of 
the Homeland Security Act that the Depart-
ment of Homeland Security personnel assigned 
to such post or embassy have been stationed at 
post. 
(3) APPROPRIATIONS.—There is authorized to 
be appropriated $60,000,000 for each of the fiscal 
years 2010 and 2011, which shall be used to expe-
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dite the implementation of section 428(i) of the 
Homeland Security Act, as amended by this sub-
section. 
(c) VISA REVOCATION.— 
(1) INFORMATION.—Section 428 of the Home-
land Security Act (6 U.S.C. 236) is amended by 
adding at the end the following: 
‘‘(j) VISA REVOCATION INFORMATION.—If the Sec-
retary of Homeland Security or the Secretary of State re-
vokes a visa— 
‘‘(1) the relevant consular, law enforcement, 
and terrorist screening databases shall be imme-
diately updated on the date of the revocation; and 
‘‘(2) look-out notices shall be posted to all De-
partment of Homeland Security port inspectors and 
Department of State consular officers.’’. 
(2) EFFECT
OF
VISA
REVOCATION.—Section 
221(i) of the Immigration and Nationality Act (8 
U.S.C. 1201(i)) is amended by striking ‘‘, except in 
the context of a removal proceeding if such revoca-
tion provides the sole ground for removal under sec-
tion 237(a)(1)(B).’’ and inserting ‘‘. A revocation 
under this subsection shall take effect immediately 
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