II 119THCONGRESS 1 STSESSION 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 JANUARY16, 2025 Mr. S CHMITTintroduced 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 Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protecting Higher 4 Education from the Chinese Communist Party Act of 5 2025’’. 6 SEC. 2. INELIGIBILITY FOR CERTAIN VISAS OF MEMBERS 7 OF THE CHINESE COMMUNIST PARTY. 8 (a) G ROUNDS FOREXCLUSION.—An alien may not 9 be accorded status or receive a visa under subparagraph 10 VerDate Sep 11 2014 23:50 Feb 13, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S108.IS S108 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 108 IS (F) or (J) of section 101(a)(15) of the Immigration and 1 Nationality Act (8 U.S.C. 1101(a)(15)) if the alien is a 2 person who is, as of the date of enactment of this Act 3 or at any time thereafter— 4 (1) any member of the Chinese Communist 5 Party, including such a member who has served on 6 the National Congress of the Chinese Communist 7 Party; or 8 (2) a family member of a person described in 9 paragraph (1). 10 (b) F AMILYMEMBER.—For purposes of this section, 11 the term ‘‘family member’’ means, with respect to a per-12 son, that person’s spouse, child, parent, sibling, grand-13 child, niece, or nephew. 14 (c) E XCEPTIONTOCOMPLYWITHUNITEDNATIONS 15 H EADQUARTERS AGREEMENT.—Subsection (a) shall not 16 apply to an individual if admitting the individual to the 17 United States is necessary to permit the United States 18 to comply with the Agreement between the United Nations 19 and the United States of America regarding the Head-20 quarters of the United Nations, signed June 26, 1947, 21 and entered into force November 21, 1947, and other ap-22 plicable international obligations. 23 (d) N ATIONALSECURITYWAIVER.—The President, 24 or a designee of the President, may waive the application 25 VerDate Sep 11 2014 23:50 Feb 13, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S108.IS S108 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 108 IS of subsection (a) if the President or such designee certifies 1 in writing to the appropriate congressional committees 2 that such waiver is in the national security interest of the 3 United States. 4 Æ VerDate Sep 11 2014 23:50 Feb 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S108.IS S108 ssavage on LAPJG3WLY3PROD with BILLS