II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘CCP Visa Ban Act 

5 of 2022’’. 

6 SEC. 2. SCRUTINY OF VISAS FOR CHINESE COMMUNIST 

7 PARTY MEMBERS. 

8 (a) INADMISSIBILITY.—Section 212(a)(3)(D) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1182(a)(3)(D)) is amended— 


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1 (1) in the subparagraph heading, by striking 

2 ‘‘IMMIGRANT MEMBERSHIP’’ and inserting ‘‘MEM3 BERSHIP’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(v) PROHIBITION ON ISSUANCE OF

6 CERTAIN VISAS TO MEMBERS OF THE CHI7 NESE COMMUNIST PARTY.—An alien who 

8 is or has been a member of or affiliated 

9 with the Chinese Communist Party— 

10 ‘‘(I) is inadmissible; and 

11 ‘‘(II) shall not be issued a visa as 

12 a nonimmigrant described in section 

13 101(a)(15)(B).’’. 

14 (b) APPLICATIONS FOR VISA EXTENSIONS.—With re15 spect to applications to extend visas issued to non16 immigrants described in section 101(a)(15)(B) of the Im17 migration and Nationality Act (8 U.S.C. 1101(a)(15)(B)) 

18 through enrollment in the Electronic Visa Update System 

19 or any successor system— 

20 (1) the Commissioner of U.S. Customs and 

21 Border Protection shall ensure that such system has 

22 a functionality for determining whether an applicant 

23 is a covered alien; and 


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1 (2) in the case of an applicant determined to be 

2 a covered alien, the applicant’s request for enroll3 ment shall be denied. 

4 (c) CANCELLATION OF VISAS AUTHORIZED.— 

5 (1) IN GENERAL.—On encountering a covered 

6 alien who is in possession of a valid, unexpired visa 

7 issued under section 101(a)(15)(B) of the Immigra8 tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)), 

9 the Commissioner of U.S. Customs and Border Pro10 tection shall cancel such visa. 

11 (2) ROLE OF BUREAU OF CONSULAR AF12 FAIRS.—Not later than 90 days after the date of the 

13 enactment of this Act, the Assistant Secretary for 

14 Consular Affairs shall— 

15 (A) cancel all nonimmigrant visas issued to 

16 covered aliens under section 101(a)(15)(B) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)(B)); and 

19 (B) update the Consular Consolidated 

20 Database and the Consular Lookout and Sup21 port System to reflect such cancellations. 

22 (3) REMEDY.—The sole legal remedy available 

23 to an alien whose visa has been cancelled under this 

24 subsection shall be to submit a new application for 


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1 a visa in accordance with the procedures established 

2 by the Bureau of Consular Affairs. 

3 (d) DEFINITION OF COVERED ALIEN.—In this sec4 tion, the term ‘‘covered alien’’ means an alien who is or 

5 has been a member of or affiliated with the Chinese Com6 munist Party. 

Æ 


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