[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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