1. Short title
This Act may be cited as the “Protecting America From Spies Act”.
Protecting America From Spies Act
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.
2. Expanding inadmissibility on security and related grounds
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 who a consular officer or the Secretary of Homeland Security knows, or has reasonable ground to believe—
“(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.”
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 “(3)(A)(i)(I), (3)(A)(ii),” each place such term appears; and
by inserting “(3)(A)(iv),” after “(3)(A)(iii),” each place such term appears.