Protecting America From Spies Act

Subjects: Immigration

Summary:  <p><b>Protecting America From Spies Act</b></p> <p>This bill expands the grounds for barring non-U.S. nationals (<i>aliens</i> under federal law) who have engaged in acts of espionage or sabotage from entering the United States.</p> <p>Specifically, any individual shall be inadmissible if the individual has engaged in or will engage in an act that (1) violates a U.S. law relating to espionage or sabotage; (2) would violate any U.S. law relating to espionage or sabotage if it occurred in the United States; or (3) violates any U.S. law prohibiting the export of goods, technology, or sensitive information. Currently, an individual is inadmissible if the individual seeks to enter the United States to engage in such an action.</p> <p>Furthermore, the bill expands these grounds of inadmissibility and other security-related grounds to cover the spouse or child of the barred individual if the act occurred in the last five years.</p> <p>The bill also modifies the authority of the Department of Justice to waive certain security-related grounds of inadmissibility for an individual applying for a nonimmigrant visa.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 370 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 370

 To amend section 212 of the Immigration and Nationality Act to ensure 
    that efforts to engage in espionage or technology transfer are 
          considered in visa issuance, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

 Mr. Cruz (for himself, Mr. Cramer, Mr. Rubio, Mr. Schmitt, Mr. Braun, 
  Mrs. Blackburn, and Mr. Tuberville) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 212 of the Immigration and Nationality Act to ensure 
    that efforts to engage in espionage or technology transfer are 
          considered in visa issuance, and for other purposes.

    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 ``Protecting America From Spies Act''.

SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS.

    (a) In General.--Section 212(a)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to read as follows:
                    ``(A) In general.--Any alien is inadmissible if a 
                consular officer or the Secretary of Homeland Security 
                knows, or has reasonable ground to believe, that the 
                alien--
                            ``(i) engages, has engaged, or will engage 
                        in any activity--
                                    ``(I) in violation of any law of 
                                the United States relating to espionage 
                                or sabotage; or
                                    ``(II) that would violate any law 
                                of the United States relating to 
                                espionage or sabotage if the activity 
                                occurred in the United States;
                            ``(ii) engages, has engaged, or will engage 
                        in any activity in violation or evasion of any 
                        law prohibiting the export from the United 
                        States of goods, technology, or sensitive 
                        information;
                            ``(iii) seeks to enter the United States to 
                        engage solely, principally, or incidentally in 
                        any other unlawful activity;
                            ``(iv) seeks to enter the United States to 
                        engage solely, principally, or incidentally in 
                        any activity a purpose of which is the 
                        opposition to, or the control or overthrow of, 
                        the Government of the United States by force, 
                        violence, or other unlawful means; or
                            ``(v) is the spouse or child of an alien 
                        who is inadmissible under this subparagraph, if 
                        the activity causing the alien to be found 
                        inadmissible occurred within the last 5 
                        years.''.
    (b) Waiver Authority.--Section 212(d)(3)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking 
``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 
and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each 
place such phrase appears and inserting ``(other than subparagraphs 
(A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of 
paragraph (3) of such subsection)''.
                                 &lt;all&gt;
</pre></body></html>