[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5122 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5122
To provide greater scrutiny of visas for Chinese Communist Party
members.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2022
Mr. Rubio (for himself, Mr. Cramer, Mr. Scott of Florida, and Mr.
Tuberville) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide greater scrutiny of visas for Chinese Communist Party
members.
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 ``CCP Visa Ban Act of 2022''.
SEC. 2. SCRUTINY OF VISAS FOR CHINESE COMMUNIST PARTY MEMBERS.
(a) Inadmissibility.--Section 212(a)(3)(D) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(D)) is amended--
(1) in the subparagraph heading, by striking ``Immigrant
membership'' and inserting ``Membership''; and
(2) by adding at the end the following:
``(v) Prohibition on issuance of certain
visas to members of the chinese communist
party.--An alien who is or has been a member of
or affiliated with the Chinese Communist
Party--
``(I) is inadmissible; and
``(II) shall not be issued a visa
as a nonimmigrant described in section
101(a)(15)(B).''.
(b) Applications for Visa Extensions.--With respect to applications
to extend visas issued to nonimmigrants described in section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)) through enrollment in the Electronic Visa Update System
or any successor system--
(1) the Commissioner of U.S. Customs and Border Protection
shall ensure that such system has a functionality for
determining whether an applicant is a covered alien; and
(2) in the case of an applicant determined to be a covered
alien, the applicant's request for enrollment shall be denied.
(c) Cancellation of Visas Authorized.--
(1) In general.--On encountering a covered alien who is in
possession of a valid, unexpired visa issued under section
101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(B)), the Commissioner of U.S. Customs and Border
Protection shall cancel such visa.
(2) Role of bureau of consular affairs.--Not later than 90
days after the date of the enactment of this Act, the Assistant
Secretary for Consular Affairs shall--
(A) cancel all nonimmigrant visas issued to covered
aliens under section 101(a)(15)(B) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(B)); and
(B) update the Consular Consolidated Database and
the Consular Lookout and Support System to reflect such
cancellations.
(3) Remedy.--The sole legal remedy available to an alien
whose visa has been cancelled under this subsection shall be to
submit a new application for a visa in accordance with the
procedures established by the Bureau of Consular Affairs.
(d) Definition of Covered Alien.--In this section, the term
``covered alien'' means an alien who is or has been a member of or
affiliated with the Chinese Communist Party.
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