S. 5122 — Introduced in Senate

II 117th CONGRESS 2d Session S. 5122 IN THE SENATE OF THE UNITED STATES November 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 Judiciary A BILL To 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.