Breaking Beijing’s Hold on Campus Act of 2024

“(s) Certain conditions on the issuance of diplomatic and student visas

“(1) Certain conditions on the issuance of diplomatic visas—An alien who is a national of a covered nation may not be accorded status as a nonimmigrant under subparagraph (A) or (G) of section 101(a)(15) until the alien submits a certification that the alien—

“(A) will not engage in any efforts to collect or transmit information concerning, open any lines of communication with, or encourage other persons to report on, any student that is a national of a covered nation for the purposes of—

“(i) monitoring whether such student is exercising their rights protected under the Constitution and laws of the United States in a way that the government or ruling party of a covered nation may oppose; or

“(ii) for suppressing said exercise of rights;

“(B) will not engage in any efforts to collect or transmit information concerning, open any lines of communication with, or encourage other persons to report on, any student with a family member that resides in a covered nation for the purposes of—

“(i) monitoring whether such student is exercising their rights protected under the Constitution and laws of the United States in a way that the government or ruling party of a covered nation opposes; or

“(ii) for suppressing said exercise of rights; and

“(C) will not engage in any other form of transnational repression on behalf of any government or ruling party of a covered nation or any agent of a covered nation.

“(2) Certain conditions on the issuance of student visa—An alien who is a national of a covered nation may not be accorded status as a nonimmigrant under subparagraph (F), (J), or (M) of section 101(a)(15) until the alien submits a certification that the alien—

“(A) will not report on students who are nationals of a covered nation to the government, the ruling party, or an agent of a covered nation, or to any agent or government for the purpose of sharing such information with a government, ruling party, or agent of a covered nation, for that student’s exercise of rights protected under the Constitution and laws of the United States;

“(B) will not report on any student with a family member that resides in a covered nation to the government, the ruling party, or an agent of that covered nation for that student’s exercise of rights protected under the Constitution and laws of the United States; and

“(C) will not engage in any other form of transnational repression on behalf of a covered nation or any agent of a covered nation.

“(3) Definitions—In this subsection:

“(A) Covered nation—The term “covered nation” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democractic People’s Republic of Korea.

“(B) Institution of higher education—The term “institution of higher education” has the meaning given to it in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

“(C) Transnational repression—The term “transnational repression” means any action by a foreign government, a ruling party of a foreign country, or any person operating on behalf of a government or ruling party of a foreign country that meets each of the following criteria:

“(i) The action involves—

“(I) any effort intended to intimidate or coerce a person to take an action in the interest of a government or ruling party of a foreign country;

“(II) any effort intended to intimidate or coerce a person to take an action to prevent that person from exercising a right protected under the Constitution or laws of the United States;

“(III) any effort to engage in an extrajudicial killing or abduction to prevent that person from exercising a right protected under the Constitution or laws of the United States; or

“(IV) providing support to an effort described in clauses (i), (ii), and (iii).

“(ii) The activity is engaged in for the purpose of suppressing dissent against or otherwise advancing the interests of a government or ruling party of a foreign country.

“(iii) The activity occurs, in whole or in part, in the United States and is committed against a United States person or a person in the United States.

“(4) Violations

“(A) If the Secretary of State determines, in consultation with the Secretary of Homeland Security, that an alien has committed any act in violation of a certification made under paragraph (1) or (2), any status as a nonimmigrant accorded to that alien shall be terminated immediately.

“(B) If the Secretary of State determines, in consultation with the Secretary of Homeland Security, that any other nonimmigrant who is a national of a covered nation has acted as an agent of that country and has engaged in any conduct described in clauses (i) through (iii) of paragraph (2)(A), any status as a nonimmigrant accorded to that alien shall be terminated immediately.”