Protecting America From Spies Act

Protecting America From Spies Act

This bill expands the grounds for barring non-U.S. nationals (aliens under federal law) from entering the United States on the basis of espionage or sabotage.

Currently, an individual is inadmissible if the individual seeks to enter the United States to engage in an act that (1) violates a U.S. law relating to espionage or sabotage; or (2) violates any U.S. law prohibiting the export of goods, technology, or sensitive information. Under the bill, an individual is inadmissible if the individual engages, has engaged, or will engage in such an act or in an act that would violate any U.S. law relating to espionage or sabotage if it occurred in the United States.

Furthermore, the bill expands these grounds of inadmissibility and other security-related grounds to cover the spouse or child of the barred individual if the act occurred in the last five years.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 419 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 419

 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 HOUSE OF REPRESENTATIVES

                            January 15, 2025

  Mr. Cline (for himself, Mr. Bergman, Mr. Ogles, and Mr. Higgins of 
  Louisiana) introduced the following bill; which was 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, an immigration officer, the Secretary 
                of Homeland Security, or the Attorney General 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 
``(other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), 
and clauses (i) and (ii) of paragraph (3)(E) of such subsection)'' each 
place such phrase appears and inserting ``(other than subparagraphs 
(A)(i)(I), (A)(ii), (A)(iii), (A)(iv), (C), (E)(i), and (E)(ii) of 
paragraph (3) of such subsection)''.
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