Official Summaries

Protecting Higher Education from the Chinese Communist Party Act of 2025

This bill prohibits certain members of the Chinese Communist Party (CCP) and their families from receiving an F (academic student) or J (exchange visitor) visa.

Specifically, this prohibition shall apply to any CCP member who has served in any position in the CCP since this bill's enactment. The prohibition shall also apply to a spouse, child, parent, sibling, grandchild, niece, or nephew of such an individual.

These prohibitions do not apply if an individual must be admitted for compliance with the United Nations headquarters agreement or other international obligations. 

The President may waive these prohibitions by certifying to Congress that the waiver is in the U.S. national interest.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 108 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                 S. 108

To make members of the Chinese Communist Party and their family members 
          ineligible for F or J visas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2025

  Mr. Schmitt introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make members of the Chinese Communist Party and their family members 
          ineligible for F or J visas, 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 Higher Education from the 
Chinese Communist Party Act of 2025''.

SEC. 2. INELIGIBILITY FOR CERTAIN VISAS OF MEMBERS OF THE CHINESE 
              COMMUNIST PARTY.

    (a) Grounds for Exclusion.--An alien may not be accorded status or 
receive a visa under subparagraph (F) or (J) of section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) if the alien 
is a person who is, as of the date of enactment of this Act or at any 
time thereafter--
            (1) any member of the Chinese Communist Party, including 
        such a member who has served on the National Congress of the 
        Chinese Communist Party; or
            (2) a family member of a person described in paragraph (1).
    (b) Family Member.--For purposes of this section, the term ``family 
member'' means, with respect to a person, that person's spouse, child, 
parent, sibling, grandchild, niece, or nephew.
    (c) Exception To Comply With United Nations Headquarters 
Agreement.--Subsection (a) shall not apply to an individual if 
admitting the individual to the United States is necessary to permit 
the United States to comply with the Agreement between the United 
Nations and the United States of America regarding the Headquarters of 
the United Nations, signed June 26, 1947, and entered into force 
November 21, 1947, and other applicable international obligations.
    (d) National Security Waiver.--The President, or a designee of the 
President, may waive the application of subsection (a) if the President 
or such designee certifies in writing to the appropriate congressional 
committees that such waiver is in the national security interest of the 
United States.
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