What This Bill Does
This bill requires foreign nationals applying for certain types of student and exchange visitor visas to report if they receive money from the Chinese government or Chinese Communist Party. The Secretary of Homeland Security and Secretary of State must update their visa application forms to include these disclosure requirements.
Who It Affects
Foreign nationals applying for F visas (student visas), J visas (exchange visitor visas), or M visas (vocational student visas). The requirement also applies to spouses and minor children of these visa applicants. Foreign nationals who already hold these visas on the date the law takes effect are also affected.
Key Provisions
- The Secretary of Homeland Security must update the student visa form (Form I-20) within 180 days to require aliens to report whether they have received or plan to receive certain funds, the amount of funds, and who provided the funds (Sec. 2(a))
- The Secretary of State must update the exchange visitor form (Form DS-2019) within 180 days with the same reporting requirements (Sec. 2(b))
- Aliens who receive covered funds after getting a visa must report the funds within 90 days to both the Secretary of Homeland Security and Secretary of State (Sec. 2(c)(1))
- An alien who fails to report receiving covered funds can have their visa or entry documents revoked, even if the visa was issued years earlier (Sec. 2(c)(2))
- The requirements apply to spouses and minor children of visa holders (Sec. 2(d))
What Changes
The visa application forms (Form I-20 and Form DS-2019) will require foreign nationals to disclose financial support from China or the Chinese Communist Party. Foreign nationals with active visas must make new disclosures within 180 days of the law taking effect. Failure to report covered funds can result in visa revocation.
Important Definitions
"Certain funds" means money provided to a foreign national from the Government of the People's Republic of China, the Chinese Communist Party, or any entity owned or controlled by either of those organizations (Sec. 2(f))
Effective Date
Specific requirements take effect 180 days after the bill becomes law. A 90-day reporting deadline applies after an alien receives covered funds.
I
118TH CONGRESS
1ST SESSION
H. R. 688
To direct the Secretary of Homeland Security and Secretary of State to
require aliens applying for certain visas to disclose if they receive funds
from the Government of the People’s Republic of China or the Chinese
Communist Party, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2023
Mr. STEUBE (for himself and Mr. SELF) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To direct the Secretary of Homeland Security and Secretary
of State to require aliens applying for certain visas to
disclose if they receive funds from the Government of
the People’s Republic of China or the Chinese Com-
munist Party, 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 ‘‘Chinese Communist
4
Party Visa Disclosure Act of 2023’’ or the ‘‘CCP Visa Dis-
5
closure Act of 2023’’.
6
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•HR 688 IH
SEC. 2. DISCLOSURE ON CERTAIN VISA APPLICATIONS.
1
(a) DISCLOSURE REQUIREMENT
FOR F AND M
2
VISAS.—Not later than 180 days after the date of the en-
3
actment of this Act, the Secretary of Homeland Security
4
shall update Form I–20, or a successor form with respect
5
to eligibility for nonimmigrant student status, to require
6
an alien submitting such form to report—
7
(1) whether the alien has received or plans to
8
receive certain funds;
9
(2) the amount of any certain funds received by
10
the alien; and
11
(3) a description of the entity providing any
12
certain funds to the alien.
13
(b) DISCLOSURE REQUIREMENT FOR J VISAS.—Not
14
later than 180 days after the date of the enactment of
15
this Act, the Secretary of State shall update Form DS–
16
2019, or a successor form with respect to eligibility for
17
an exchange visitor status, to require an alien submitting
18
such form to report—
19
(1) whether the alien has received or plans to
20
receive certain funds;
21
(2) the amount of any certain funds received by
22
the alien; and
23
(3) a description of the entity providing any
24
certain funds to the alien.
25
(c) UPDATED DISCLOSURE REQUIREMENT.—
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•HR 688 IH
(1) IN GENERAL.—An alien who receives cer-
1
tain funds after receiving a visa under subparagraph
2
(F), (J), or (M) of section 101(a)(15) of the Immi-
3
gration and Nationality Act (8 U.S.C. 1101(a)(15))
4
shall report to the Secretary of Homeland Security
5
and the Secretary of State the receipt of such funds
6
not more than 90 days after the date on which such
7
funds are received.
8
(2) PROVISIONAL REVOCATION BASED ON FAIL-
9
URE
TO
COMPLY
WITH
DISCLOSURE
REQUIRE-
10
MENT.—An alien who receives certain funds and
11
does not report such receipt pursuant to paragraph
12
(1) is subject to revocation of any visa or other entry
13
documentation regardless of when the visa or other
14
entry documentation was issued.
15
(d) DISCLOSURE FOR ALIEN SPOUSE AND MINOR
16
CHILDREN.—The disclosure requirements under sub-
17
sections (a) through (c) shall apply to an alien spouse or
18
any minor children applying for or receiving a visa under
19
subparagraph (F), (J), or (M) of section 101(a)(15) of
20
the
Immigration
and
Nationality
Act
(8
U.S.C.
21
1101(a)(15)).
22
(e) APPLICABILITY.—Not later than 180 days after
23
the date of the enactment of this Act, an alien, alien
24
spouse, or any minor children who have a valid visa under
25
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•HR 688 IH
subparagraph (F), (J), or (M) of section 101(a)(15) of
1
the
Immigration
and
Nationality
Act
(8
U.S.C.
2
1101(a)(15)) on the date of the enactment of this Act,
3
shall report to the Secretary of Homeland Security—
4
(1) whether such alien has received or plans to
5
receive certain funds;
6
(2) the amount of any certain funds received by
7
the alien; and
8
(3) a description of the entity providing any
9
certain funds to the alien.
10
(f) CERTAIN FUNDS DEFINED.—In this section, the
11
term ‘‘certain funds’’ includes any amount of money pro-
12
vided to an alien from—
13
(1) the Government of the People’s Republic of
14
China;
15
(2) the Chinese Communist Party; or
16
(3) any entity owned or controlled by the Gov-
17
ernment of the People’s Republic of China or the
18
Chinese Communist Party.
19
Æ
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