S580-118

1. Short title This Act may be cited as the CCP Visa Ban Act of 2023.

2. Scrutiny of visas for Chinese Communist Party members 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: An alien who is or has been a member of or affiliated with the Chinese Communist Party— is inadmissible; and shall not be issued a visa as a nonimmigrant described in section 101(a)(15)(B). 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. 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. 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. 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. 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. (v)Prohibition on issuance of certain visas to members of the Chinese Communist PartyAn 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)..