Protecting America From Spies Act
This bill expands the grounds for barring aliens who have engaged in acts relating to espionage or sabotage from entering the United States.
Specifically, any alien shall be inadmissible if the alien has engaged in or will engage in an act that (1) violates a U.S. law relating to espionage or sabotage; (2) would violate any U.S. law relating to espionage or sabotage if it occurred in the United States; or (3) violates any U.S. law prohibiting the export of goods, technology, or sensitive information. Currently, an alien shall be inadmissible if the alien seeks to enter the United States to engage in such an action.
Furthermore, the bill expands these grounds of inadmissibility and other security-related grounds to cover the spouse or child of the barred alien if the act occurred in the last five years.
The bill also modifies the authority of the Department of Justice to waive certain security-related grounds of inadmissibility for an alien applying for a nonimmigrant visa.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4345 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4345
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
July 28, 2020
Mr. Cruz (for himself, Mrs. Loeffler, Mr. Tillis, and Mr. Rubio)
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America From Spies Act''.
SEC. 2. EXPANDING INADMISSIBILITY ON SECURITY AND RELATED GROUNDS.
(a) 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 if a
consular officer or the Secretary of Homeland Security
knows, or has reasonable ground to believe, that the
alien--
``(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.''.
(b) 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), (3)(A)(iii),'' each place such term appears
and inserting ``(3)(A)(iii), (3)(A)(iv),''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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