[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5379 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5379

    To impose sanctions on individuals that are responsible for the 
 commission of serious and ongoing violations of human rights or gross 
 violations of human rights against nationals of the People's Republic 
of China or their family members, to protect universal freedoms in the 
          People's Republic of China, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2014

   Mr. Smith of New Jersey introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
 Committees on Financial Services, the Judiciary, and Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To impose sanctions on individuals that are responsible for the 
 commission of serious and ongoing violations of human rights or gross 
 violations of human rights against nationals of the People's Republic 
of China or their family members, to protect universal freedoms in the 
          People's Republic of China, 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 ``China Human Rights Protection Act of 
2014''.

SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR 
              COMMISSION OF SERIOUS AND ONGOING VIOLATIONS OF HUMAN 
              RIGHTS OR GROSS VIOLATIONS OF HUMAN RIGHTS AGAINST 
              NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA OR THEIR 
              FAMILY MEMBERS.

    (a) In General.--Except as provided in subsection (e), the 
President shall--
            (1) impose sanctions described in paragraph (1)(A) of 
        subsection (c) and paragraph (2) of such subsection (as 
        applicable) with respect to each individual on the list 
        required by subsection (b)(1); and
            (2) impose sanctions described in subparagraphs (A) and (B) 
        of subsection (c)(1) with respect to each individual on the 
        list required by subsection (b)(2).
    (b) Lists Required.--
            (1) Individuals responsible for commission of serious and 
        ongoing violations of human rights.--Not later than 120 days 
        after the date of the enactment of this Act, the President 
        shall submit to the appropriate congressional committees a list 
        of individuals that the President determines are responsible 
        for or complicit in, or responsible for directing, the 
        commission of serious and ongoing violations of human rights 
        against nationals of the People's Republic of China or their 
        family members, regardless of whether such abuses occurred in 
        China.
            (2) Individuals responsible for gross violations of human 
        rights.--Not later than 120 days after the date of the 
        enactment of this Act, the President shall submit to the 
        appropriate congressional committees a list of individuals that 
        the President determines--
                    (A) are responsible for or complicit in, or 
                responsible for directing, the commission of gross 
                violations of human rights against nationals of the 
                People's Republic of China or their family members, 
                regardless of whether such abuses occurred in China; or
                    (B) have benefitted materially or financially from 
                the commission of serious and ongoing violations of 
                human rights described in paragraph (1) or the 
                commission of gross violations of human rights 
                described in subparagraph (A).
            (3) Updates of lists.--The President shall submit to the 
        appropriate congressional committees updated lists under 
        paragraphs (1) and (2)--
                    (A) not less frequently than on annual basis; and
                    (B) as new information becomes available.
            (4) Form; public availability.--
                    (A) Form.--The lists required by paragraphs (1) and 
                (2) shall be submitted in unclassified form but may 
                contain a classified annex.
                    (B) Public availability.--The unclassified portion 
                of the lists required by paragraphs (1) and (2) shall 
                be made available to the public and published in the 
                Federal Register.
            (5) Nonapplicability of confidentiality requirement with 
        respect to visa records.--The President shall publish the lists 
        required by paragraphs (1) and (2) without regard to the 
        requirements of section 222(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1202(f)) with respect to 
        confidentiality of records pertaining to the issuance or 
        refusal of visas or permits to enter the United States.
    (c) Sanctions Described.--
            (1) In general.--The sanctions described in this paragraph 
        are the following:
                    (A) Prohibition on entry and admission to the 
                united states.--In the case of an individual whose name 
                appears on the list required by paragraph (1) or (2) of 
                subsection (b)--
                            (i) ineligibility to receive a visa to 
                        enter the United States or to be admitted to 
                        the United States; or
                            (ii) if the individual has been issued a 
                        visa or other documentation, revocation, in 
                        accordance with section 221(i) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), of the visa or other documentation.
                    (B) Financial sanctions.--
                            (i) In general.--In the case of an 
                        individual whose name appears on the list 
                        required by subsection (b)(2), the President 
                        shall impose sanctions authorized pursuant to 
                        section 203 of the International Emergency 
                        Economic Powers Act (50 U.S.C. 1702) with 
                        respect to the individual, including blocking 
                        of the property of, and restricting or 
                        prohibiting financial transactions and the 
                        exportation and importation of property Act by, 
                        the individual if such property and interests 
                        in property are in the United States, come 
                        within the United States, or are or come within 
                        the possession or control of a United States 
                        person.
                            (ii) Inapplicability of national emergency 
                        requirement.--The requirements of section 202 
                        of the International Emergency Economic Powers 
                        Act (50 U.S.C. 1701) shall not apply for 
                        purposes of this subparagraph.
            (2) Additional sanctions.--The sanctions described in this 
        paragraph are the following:
                    (A) Individuals on list for two consecutive 
                years.--In the case of an individual whose name appears 
                on the list required by subsection (b)(1) for two 
                consecutive years but does not appear on the list 
                required by subsection (b)(2) for such two consecutive 
                years, the individual and any immediate family member 
                of the individual shall be ineligible to participate in 
                or receive any benefit from any program, project, or 
                activity that is funded by the United States 
                Government.
                    (B) Individuals on list for three consecutive 
                years.--
                            (i) In general.--In the case of an 
                        individual whose name appears on the list 
                        required by subsection (b)(1) for three 
                        consecutive years but does not appear on the 
                        list required by subsection (b)(2) for such 
                        three consecutive years, the President shall 
                        impose sanctions authorized pursuant to section 
                        203 of the International Emergency Economic 
                        Powers Act (50 U.S.C. 1702) with respect to the 
                        individual, including blocking of the property 
                        of, and restricting or prohibiting financial 
                        transactions and the exportation and 
                        importation of property Act by, the individual 
                        if such property and interests in property are 
                        in the United States, come within the United 
                        States, or are or come within the possession or 
                        control of a United States person.
                            (ii) Inapplicability of national emergency 
                        requirement.--The requirements of section 202 
                        of the International Emergency Economic Powers 
                        Act (50 U.S.C. 1701) shall not apply for 
                        purposes of this subparagraph.
                    (C) Regulatory authority.--The President shall 
                issue such regulations, licenses, and orders as are 
                necessary to carry out this paragraph.
    (d) Requests by Chairperson and Ranking Member of Appropriate 
Congressional Committees.--Not later than 120 days after receiving a 
written request from the chairperson and ranking member of one of the 
appropriate congressional committees with respect to whether an 
individual has engaged in an activity described in subsection (b)(1) or 
subsection (b)(2)(A) or meets the requirements of subparagraph (B) of 
subsection (b)(2), the President shall--
            (1) determine if that individual has engaged in such an 
        activity or meets such requirements; and
            (2) submit to the chairperson and ranking member of that 
        committee a report with respect to that determination that 
        includes--
                    (A) a statement of whether or not the President 
                imposed or intends to impose sanctions with respect to 
                the individual; and
                    (B) if the President imposed or intends to impose 
                sanctions, a description of those sanctions.
    (e) Exception To Comply With United Nations Headquarters 
Agreement.--
            (1) In general.--Sanctions under paragraph (1) or (2) of 
        subsection (c) shall not apply to an individual if admitting 
        the individual into the United States is necessary to permit 
        the United States to comply with the Agreement regarding the 
        Headquarters of the United Nations, signed at Lake Success June 
        26, 1947, and entered into force November 21, 1947, between the 
        United Nations and the United States, or other applicable 
        international obligations of the United States.
            (2) Notification.--The President shall submit to the 
        appropriate congressional committees a notification that 
        paragraph (1) applies to an individual prior to the application 
        of paragraph (1) to the individual.
    (f) Termination of Sanctions.--The President may terminate the 
application of sanctions under subsection (c) with respect to an 
individual if the President determines and reports to the appropriate 
congressional committees on the day the individual is removed from the 
list that--
            (1) credible information exists that the individual did not 
        engage in the activity for which sanctions were imposed;
            (2) the individual has been prosecuted appropriately for 
        the activity for which sanctions were imposed; or
            (3) the individual has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activities for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in 
        subparagraph (A) or (B) of subsection (b)(1) or meets the 
        requirements of subparagraph (C) of subsection (b)(1).
    (g) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Financial Services, the Committee on Foreign 
                Affairs, the Committee on Homeland Security, and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Banking, Housing, and Urban Affairs, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                the Judiciary of the Senate.
            (2) Human rights definitions.--
                    (A) Gross violations of human rights.--The term 
                ``gross violations of human rights'' means, with 
                respect to an individual, the act of torture, forced 
                disappearance, extra-judicial killing, rape, prolonged 
                and harsh detention, forced abortion or sterilization, 
                or other severe and ongoing deprivations of individual 
                liberty, including psychiatric or medical 
                experimentation or organ harvesting of the individual 
                detained for exercising internationally guaranteed 
                human rights.
                    (B) Serious and ongoing violations of human 
                rights.--The term ``serious and ongoing violations of 
                human rights'' means, with respect to an individual, 
                violations of freedom of expression or Internet 
                censorship, freedom of religion, freedom of assembly 
                and association, or the right of due process such that 
                the individual is not able to engage freely in such 
                activities without fear of arrest, intimidation, 
                arbitrary detention, property destruction or 
                confiscation, heavy fines, or loss of jobs or 
                professional status.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a natural person who is a citizen of the United 
                States or who owes permanent allegiance to the United 
                States; and
                    (B) a corporation or other legal entity which is 
                organized under the laws of the United States, any 
                State or territory thereof, or the District of 
                Columbia, if natural persons described in subparagraph 
                (A) own, directly or indirectly, more than 50 percent 
                of the outstanding capital stock or other beneficial 
                interest in such legal entity.

SEC. 3. ESCALATING SANCTIONS FOR INDIVIDUALS WHO COMMIT ONGOING AND 
              SERIOUS ABUSES OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS 
              AGAINST CHINESE NATIONALS OR THEIR FAMILIES.

    (a) In General.--Any individual who remains on the list created by 
section 2(b)(1)(A) for 2 consecutive years, and is not specially 
identified for committing or being responsible for committing gross 
violations of internationally recognized human rights, shall incur 
additional penalties or sanctions, including the following:
            (1) Such individuals and their immediate family members 
        shall be denied from engaging or benefitting from any Federal 
        program or institution.
            (2) The President shall require that the individuals on 
        list under section 2(b)(1)(A), and their immediate family 
        members, shall not engage in or benefit from any Federal 
        program or institution.
            (3) The President shall order the removal individuals on 
        the list under section 2(b)(1)(A) and their immediate family 
        members from any Federal program or institution.
            (4) The President shall submit to the appropriate 
        congressional committee not later than the last day of each 
        fiscal year, a list of the family members denied from engaging 
        in or benefitting from any Federal program or institution.
            (5) Exceptions to this section may include those family 
        members who are known to have publicly disavowed the human 
        rights abuses of individuals found on the list created by 
        section 2(b)(1)(A) and those, who are enrolled in said Federal 
        program or institutions, on the day before the list described 
        in this section is submitted to Congress.
    (b) Continuing Offenders.--Any individual who remains on the list 
created by section (2)(b)(1)(A) for three consecutive years, and is not 
already specially identified for committing or being responsible for 
committing gross violations of internationally recognized human rights, 
shall incur additional penalties or sanctions such as:
            (1) Financial sanctions.--The President shall impose 
        sanctions authorized pursuant to section 203 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702) 
        with respect to an individual whose name appears on the list 
        required by section 2(b)(1), in including blocking of the 
        property of, and restricting or prohibiting financial 
        transactions and the exportation and importation of property 
        Act if such property and interests in property are in the 
        United States, come within the United States, or are or come 
        within the possession or control of a United States person.
            (2) Waiver.--The President may waive the application of 
        this subsection for the same reasons stated in section 2(e) 
        above.
    (c) Enforcement.--
            (1) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or section 2(c) or 2(d) above or any regulation, 
        license, or order issued to carry out said sections shall be 
        subject to the penalties set forth in subsections (b) and (c) 
        of section 206 of the International Emergency Economic Powers 
        Act (50 U.S.C. 1705) to the same extent as a person that 
        commits gross violations of internationally recognized human 
        rights.
            (2) Requirements for financial institutions.--Not later 
        than 120 days after the date of the enactment of this Act, the 
        President shall prescribe regulations requiring each financial 
        institution that is a United States person and has within its 
        possession or control assets that are property or interests in 
        property of a foreign person on the lists required by section 
        2(b)(1)(B) and those later identified in section 3(b) to 
        certify to the President that, to the best of the knowledge of 
        the financial institution, the financial institution has frozen 
        all assets within the possession or control of the financial 
        institution that are required to be frozen.
    (d) Regulatory Authority.--The Secretary of the Treasury shall 
issue such regulations, licenses, and orders as are necessary to carry 
out this section.
    (e) Definition.--In this section, the term ``Federal program or 
institution'' means any program or institution that receives funds from 
the Federal Government.

SEC. 4. TO FURTHER PROTECT THE INTERNATIONALLY RECOGNIZED RIGHT OF FREE 
              EXPRESSION, ENSURE THE FREE FLOW OF INFORMATION, AND 
              PROTECT FOREIGN JOURNALISTS AND MEDIA PERSONNEL IN CHINA.

    (a) Limitation on I-Visas.--Section 101(a)(15)(I) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(I)) is amended by 
inserting ``subject to section 214(s),'' before ``upon a basis''.
    (b) Restrictions on Visas to Executives of State-Owned Media.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended by adding at the end the following:
    ``(s) Restrictions on Visas to Executives of State-Owned Media.--
            ``(1) In general.--In the case of aliens who are executives 
        at a state-controlled media organization from the People's 
        Republic of China and are seeking classification under section 
        101(a)(15)(I), the visas may be refused to such aliens if any 
        United States media personnel were expelled, had visas denied, 
        or faced intimidation or violence in the course of working in 
        China in the prior fiscal year.
            ``(2) Visas to such aliens, in proportion to the 
        expulsions, visa denials or delays experienced by U.S. 
        journalists or media personnel working in China during the 
        prior fiscal year, may be refused or delayed.
            ``(3) For purposes of this subsection--
                    ``(A) the term `state-controlled media worker from 
                the People's Republic of China' means a representative 
                of a media organization owned, operated, or controlled 
                by the People's Republic of China, including--
                            ``(i) China Central Television;
                            ``(ii) China Daily;
                            ``(iii) China National Radio;
                            ``(iv) China News Service;
                            ``(v) China Radio International;
                            ``(vi) China Youth Daily;
                            ``(vii) Economic Daily;
                            ``(viii) Global Times;
                            ``(ix) Guangming Daily;
                            ``(x) Legal Daily;
                            ``(xi) Liberation Army Daily;
                            ``(xii) People's Daily; or
                            ``(xiii) Xinhua News Agency.
                    ``(B) Revocation of certain visas; nonimmigrant 
                status.--Not later than 30 days after the date of the 
                enactment of this section, the President shall order 
                the revocation, delay, or refusal of a sufficient 
                number of visas already issued to executives of state-
                controlled media organizations from the People's 
                Republic of China in proportion to the expulsions, visa 
                delays or denials, and intimidation experienced by 
                personnel from U.S. journalist or media personnel 
                organizations in the previous 12 months prior to the 
                Act's passage.
                    ``(C) Reporting on restrictions on foreign media in 
                china.--The Department of State, in the Annual Country 
                Reports on Human Rights Conditions shall include 
                information and details on intimidation, travel 
                restrictions, visa denials and delays, and expulsions 
                of foreign media personnel from China and the censoring 
                and blocking of media corporations' Web sites within 
                China.
                    ``(D) Sense of congress.--It is the sense of 
                Congress that restrictions on the activities of U.S. 
                journalists and media personnel in China and the 
                censorship and blockage of news media Web sites damages 
                the competitiveness of U.S. media corporations and 
                should be considered a restriction of trade and an 
                unfair competitive advantage benefitting Chinese 
                government-controlled media organizations. As such, the 
                U.S. Government should link to any bilateral investment 
                treaty, currently being negotiated, language that 
                guarantees fair treatment of journalists, a reciprocal 
                number of journalist visas, and free and unfettered 
                operation of news Web sites in China.''.
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