What This Bill Does
This bill makes it harder for members of the Chinese Communist Party to get visas to visit the United States. It bars these individuals from entering the country and requires government agencies to cancel any existing visas they already hold.
Who It Affects
People who are or have been members of or affiliated with the Chinese Communist Party. U.S. Customs and Border Protection officials. The Bureau of Consular Affairs (a State Department office that handles visa matters).
Key Provisions
• People who are or have been members of or affiliated with the Chinese Communist Party cannot get visitor visas (also called B visas) and are considered inadmissible to the United States. (Sec. 2(a))
• The U.S. Customs and Border Protection Commissioner must make sure the Electronic Visa Update System (or any replacement system) can identify people covered by this ban when they apply to extend their visas. (Sec. 2(b)(1))
• If someone applying to extend a visa is identified as covered by this ban, their request to extend must be denied. (Sec. 2(b)(2))
• The Customs and Border Protection Commissioner must cancel any valid, unexpired visitor visas held by people covered by this ban when they encounter these individuals. (Sec. 2(c)(1))
• Within 90 days of the law passing, the Assistant Secretary for Consular Affairs must cancel all existing visitor visas held by covered individuals and update the government databases to record these cancellations. (Sec. 2(c)(2))
What Changes
If this becomes law, people who are or have been members of or affiliated with the Chinese Communist Party will no longer be able to receive new visitor visas to the United States. Any visitor visas they already have will be canceled. Government agencies will add a screening tool to check visa extension applications and deny extensions to covered individuals.
Important Definitions
"Covered alien" means a person who is or has been a member of or affiliated with the Chinese Communist Party. (Sec. 2(d))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 580
To provide greater scrutiny of visas for Chinese Communist Party members.
IN THE SENATE OF THE UNITED STATES
MARCH 1, 2023
Mr. RUBIO (for himself, Mr. CRAMER, Mr. TUBERVILLE, and Mr. SCOTT of
Florida) 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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘CCP Visa Ban Act
4
of 2023’’.
5
SEC. 2. SCRUTINY OF VISAS FOR CHINESE COMMUNIST
6
PARTY MEMBERS.
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(a) INADMISSIBILITY.—Section 212(a)(3)(D) of the
8
Immigration
and
Nationality
Act
(8
U.S.C.
9
1182(a)(3)(D)) is amended—
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•S 580 IS
(1) in the subparagraph heading, by striking
1
‘‘IMMIGRANT
MEMBERSHIP’’ and inserting ‘‘MEM-
2
BERSHIP’’; and
3
(2) by adding at the end the following:
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‘‘(v) PROHIBITION
ON
ISSUANCE
OF
5
CERTAIN VISAS TO MEMBERS OF THE CHI-
6
NESE COMMUNIST PARTY.—An alien who
7
is or has been a member of or affiliated
8
with the Chinese Communist Party—
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‘‘(I) is inadmissible; and
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‘‘(II) shall not be issued a visa as
11
a nonimmigrant described in section
12
101(a)(15)(B).’’.
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(b) APPLICATIONS FOR VISA EXTENSIONS.—With re-
14
spect to applications to extend visas issued to non-
15
immigrants described in section 101(a)(15)(B) of the Im-
16
migration and Nationality Act (8 U.S.C. 1101(a)(15)(B))
17
through enrollment in the Electronic Visa Update System
18
or any successor system—
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(1) the Commissioner of U.S. Customs and
20
Border Protection shall ensure that such system has
21
a functionality for determining whether an applicant
22
is a covered alien; and
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•S 580 IS
(2) in the case of an applicant determined to be
1
a covered alien, the applicant’s request for enroll-
2
ment shall be denied.
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(c) CANCELLATION OF VISAS AUTHORIZED.—
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(1) IN GENERAL.—On encountering a covered
5
alien who is in possession of a valid, unexpired visa
6
issued under section 101(a)(15)(B) of the Immigra-
7
tion and Nationality Act (8 U.S.C. 1101(a)(15)(B)),
8
the Commissioner of U.S. Customs and Border Pro-
9
tection shall cancel such visa.
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(2) ROLE
OF
BUREAU
OF
CONSULAR
AF-
11
FAIRS.—Not later than 90 days after the date of the
12
enactment of this Act, the Assistant Secretary for
13
Consular Affairs shall—
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(A) cancel all nonimmigrant visas issued to
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covered aliens under section 101(a)(15)(B) of
16
the Immigration and Nationality Act (8 U.S.C.
17
1101(a)(15)(B)); and
18
(B) update the Consular Consolidated
19
Database and the Consular Lookout and Sup-
20
port System to reflect such cancellations.
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(3) REMEDY.—The sole legal remedy available
22
to an alien whose visa has been cancelled under this
23
subsection shall be to submit a new application for
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•S 580 IS
a visa in accordance with the procedures established
1
by the Bureau of Consular Affairs.
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(d) DEFINITION OF COVERED ALIEN.—In this sec-
3
tion, the term ‘‘covered alien’’ means an alien who is or
4
has been a member of or affiliated with the Chinese Com-
5
munist Party.
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Æ
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