What This Bill Does
This bill changes the rules for who cannot get a visa to enter the United States. It adds new reasons someone can be blocked from entering based on espionage (spy activities) and technology transfer. The bill also changes the situations where the government cannot waive these restrictions.
Who It Affects
- Foreign citizens applying for visas to enter the United States
- Consular officers (diplomats who review visa applications at U.S. embassies and consulates)
- The Secretary of Homeland Security
- Spouses and children of people found inadmissible under the new rules
Key Provisions
- A person cannot get a visa if a consular officer or the Secretary of Homeland Security knows or has reasonable ground to believe they will engage in espionage or sabotage activities, or activities that would violate U.S. laws about espionage or sabotage (Sec. 2(a))
- A person cannot get a visa if they engage in or will engage in breaking U.S. laws about exporting goods, technology or sensitive information (Sec. 2(a))
- A spouse or child of someone blocked from entry cannot get a visa if the activity that made the other person inadmissible happened within the last 5 years (Sec. 2(a))
- The government cannot waive these new restrictions for visa applicants (Sec. 2(b))
What Changes
Immigration and Nationality Act Section 212 is amended to make espionage and technology transfer violations grounds for visa denial. The government loses the power to waive these specific restrictions in individual cases.
Important Definitions
- Inadmissible: Not allowed to enter the United States
- Espionage: spying or gathering secret information for another country
- Technology transfer: moving technology or technical knowledge from one country to another
Effective Date
Not specified in bill text
II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting America
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From Spies Act’’.
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•S 370 IS
SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND
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RELATED GROUNDS.
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(a) IN GENERAL.—Section 212(a)(3)(A) of the Im-
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migration and Nationality Act (8 U.S.C. 1182(a)(3)(A))
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is amended to read as follows:
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‘‘(A) IN GENERAL.—Any alien is inadmis-
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sible if a consular officer or the Secretary of
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Homeland Security knows, or has reasonable
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ground to believe, that the alien—
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‘‘(i) engages, has engaged, or will en-
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gage in any activity—
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‘‘(I) in violation of any law of the
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United States relating to espionage or
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sabotage; or
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‘‘(II) that would violate any law
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of the United States relating to espio-
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nage or sabotage if the activity oc-
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curred in the United States;
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‘‘(ii) engages, has engaged, or will en-
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gage in any activity in violation or evasion
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of any law prohibiting the export from the
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United States of goods, technology, or sen-
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sitive information;
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‘‘(iii) seeks to enter the United States
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to engage solely, principally, or incidentally
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in any other unlawful activity;
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•S 370 IS
‘‘(iv) seeks to enter the United States
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to engage solely, principally, or incidentally
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in any activity a purpose of which is the
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opposition to, or the control or overthrow
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of, the Government of the United States by
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force, violence, or other unlawful means; or
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‘‘(v) is the spouse or child of an alien
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who is inadmissible under this subpara-
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graph, if the activity causing the alien to
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be found inadmissible occurred within the
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last 5 years.’’.
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(b) WAIVER AUTHORITY.—Section 212(d)(3)(A) of
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the
Immigration
and
Nationality
Act
(8
U.S.C.
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1182(d)(3)(A)) is amended by striking ‘‘(other than para-
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graphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and
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clauses (i) and (ii) of paragraph (3)(E) of such sub-
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section)’’ each place such phrase appears and inserting
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‘‘(other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii),
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(A)(iv), (C), (E)(i), and (E)(ii) of paragraph (3) of such
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subsection)’’.
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Æ
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