117 S5122 IS: CCP Visa Ban Act of 2022 U.S. Senate 2022-11-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 5122IN THE SENATE OF THE UNITED STATESNovember 17, 2022Mr. 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 JudiciaryA BILLTo provide greater scrutiny of visas for Chinese Communist Party members.

1.

Short title

This Act may be cited as the CCP Visa Ban Act of 2022.

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.