Section 1 Short title
This Act may be cited as the “CCP Visa Ban Act of 2022”.
CCP Visa Ban Act of 2022
A BILL
To provide greater scrutiny of visas for Chinese Communist Party members.
Sec. 2 Scrutiny of visas for Chinese Communist Party members
Inadmissibility— Section 212(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(D)) is amended—
in the subparagraph heading, by striking “Immigrant membership” and inserting “Membership”; and
by adding at the end the following:
“(v) Prohibition on issuance of certain visas to members of the Chinese Communist Party—An alien who is or has been a member of or affiliated with the Chinese Communist Party—
“(I) is inadmissible; and
“(II) shall not be issued a visa as a nonimmigrant described in section 101(a)(15)(B).”
Applications for visa extensions— With respect to applications to extend visas issued to nonimmigrants described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)) through enrollment in the Electronic Visa Update System or any successor system—
the Commissioner of U.S. Customs and Border Protection shall ensure that such system has a functionality for determining whether an applicant is a covered alien; and
in the case of an applicant determined to be a covered alien, the applicant's request for enrollment shall be denied.
Cancellation of visas authorized—
In general— On encountering a covered alien who is in possession of a valid, unexpired visa issued under section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)), the Commissioner of U.S. Customs and Border Protection shall cancel such visa.
Role of Bureau of Consular Affairs— Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary for Consular Affairs shall—
cancel all nonimmigrant visas issued to covered aliens under section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)); and
update the Consular Consolidated Database and the Consular Lookout and Support System to reflect such cancellations.
Remedy— The sole legal remedy available to an alien whose visa has been cancelled under this subsection shall be to submit a new application for a visa in accordance with the procedures established by the Bureau of Consular Affairs.
Definition of covered alien— In this section, the term covered alien means an alien who is or has been a member of or affiliated with the Chinese Communist Party.