H.R.460 - Chinese Communist Party Visa Disclosure Act of 2025; CCP Visa Disclosure Act of 2025 (119th Congress)
Summary
H.R.460, also known as the Chinese Communist Party Visa Disclosure Act of 2025, mandates that individuals applying for F, M, or J visas must disclose whether they receive funds from the Government of the People's Republic of China, the Chinese Communist Party, or entities controlled by them. This disclosure requirement extends to alien spouses and minor children applying for or receiving the same types of visas.
The bill requires the Secretary of Homeland Security and the Secretary of State to update the relevant visa application forms (Form I-20 and Form DS-2019, respectively) within 180 days of enactment. It also stipulates that visa holders must report any such funding received after visa issuance within 90 days, with failure to do so potentially leading to visa revocation.
This legislation aims to increase transparency regarding foreign funding influencing individuals within the United States, specifically those in educational or exchange programs.
Expected Effects
The primary effect of this bill will be increased scrutiny of foreign funding sources for individuals on student and exchange visas. This will likely lead to more detailed visa application processes and ongoing reporting requirements for affected individuals.
It could also result in a decrease in the number of individuals receiving funding from the specified sources who are willing to apply for or maintain these visas. The bill may also cause increased administrative burden on the Department of Homeland Security and the Department of State to process and monitor the new disclosure requirements.
Potential Benefits
- Enhanced transparency regarding foreign influence within U.S. educational institutions and exchange programs.
- Potential reduction in espionage or intellectual property theft facilitated by foreign funding.
- Increased awareness among visa applicants regarding the implications of accepting funds from foreign governments or political parties.
- Strengthening of national security by identifying individuals potentially influenced by foreign entities.
- Provides a mechanism for revoking visas of individuals who fail to disclose foreign funding, deterring non-compliance.
Most Benefited Areas:
Potential Disadvantages
- Potential chilling effect on legitimate academic and cultural exchanges with China.
- Increased administrative burden and costs for the Department of Homeland Security and the Department of State.
- Possible perception of discrimination or bias against individuals of Chinese origin or those associated with Chinese institutions.
- Risk of deterring qualified students and researchers from applying for visas, potentially harming U.S. academic institutions.
- Potential for retaliatory measures from the Chinese government, impacting U.S. citizens traveling to or working in China.
Constitutional Alignment
The bill appears to align with the federal government's power to regulate immigration and conduct foreign affairs, as outlined in Article I, Section 8 of the Constitution. This section grants Congress the power to establish a uniform Rule of Naturalization.
However, concerns could be raised regarding potential violations of the First Amendment if the disclosure requirements are interpreted to suppress freedom of association or expression. The government must demonstrate a compelling interest and narrowly tailor the requirements to avoid infringing on protected rights.
Furthermore, the due process clause of the Fifth Amendment requires that any visa revocation process based on non-disclosure must afford individuals fair notice and an opportunity to be heard.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).