[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2392 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2392

To amend the Immigration and Nationality Act to allow the Secretary of 
State to make available to the public certain records pertaining to the 
    refusal of a visa or permit based on an alien's involvement in 
 corruption, transnational repression, or human rights abuse, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2021

 Mr. Cardin (for himself and Mr. Rubio) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to allow the Secretary of 
State to make available to the public certain records pertaining to the 
    refusal of a visa or permit based on an alien's involvement in 
 corruption, transnational repression, or human rights abuse, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revealing and Explaining Visa 
Exclusions for Accountability and Legitimacy Act'' or the ``REVEAL 
Act''.

SEC. 2. LIMITING CONFIDENTIALITY OF RECORDS.

    (a) In General.--Section 222(f) of the Immigration and Nationality 
Act (8 U.S.C. 1202(f)) is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting a semicolon;
            (2) in paragraph (2)(B), by striking the period at the end 
        and inserting the following: ``; and''; and
            (3) by adding at the end the following:
            ``(3) the Secretary of State may make available to the 
        public the identity of an individual alien determined to be 
        inadmissible the United States pursuant to subparagraph (C) of 
        section 212(a)(3), and the justification for the determination 
        to refuse a visa or permit.''.
    (b) Application.--This Act and the amendments made by this Act 
shall apply with respect to any determination under section 
212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(C)) made before, on, or after the date of enactment of this 
Act.
    (c) Consideration of Certain Information in Revealing Bans.--In 
determining whether to waive confidentiality under section 222(f)(3) of 
the Immigration and Nationality Act, as added by subsection (a), the 
Secretary of State shall consider--
            (1) information provided by the chairperson and ranking 
        member of any of the appropriate congressional committees; and
            (2) credible information obtained by other countries and 
        nongovernmental organizations that monitor corruption, 
        transnational repression, and human rights abuse.

SEC. 3. REPORTS TO CONGRESS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, and annually thereafter, the President shall 
submit to the appropriate congressional committees a report that 
includes, for the previous year, a list of each individual that the 
Secretary of State determined was ineligible for an immigrant or 
nonimmigrant visa pursuant to subparagraph (C) of section 212(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), and the 
justification for the determination of ineligibility.
    (b) Form of Report.--
            (1) In general.--Each report required by subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (2) Exception.--The name of an alien to be included in the 
        list required by subsection (a)(1) may be submitted in the 
        classified annex authorized by paragraph (1) only if the 
        President--
                    (A) determines that it is vital for the national 
                security interests of the United States to do so;
                    (B) uses the annex in a manner consistent with 
                congressional intent and the purposes of this Act; and
                    (C) not later than 15 days before submitting the 
                name in a classified annex, provides to the appropriate 
                congressional committees notice of, and a justification 
                for, including the name in the classified annex.
    (c) Public Availability.--
            (1) In general.--The unclassified portion of the report 
        required by subsection (a) shall be made available to the 
        public, including through publication in the Federal Register.
            (2) Nonapplicability of confidentiality requirement with 
        respect to visa records.--The President shall publish the list 
        required by subsection (a)(1) without regard to the 
        requirements of section 222(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1202(f)) with respect to 
        confidentiality of records pertaining to the issuance or 
        refusal of visas or permits to enter the United States.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on the Judiciary and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on the Judiciary and the Committee on 
        Foreign Affairs of the House of Representatives.
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