[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2621 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2621
To impose sanctions against individuals who are nationals of the
People's Republic of China who are responsible for gross violations of
internationally recognized human rights committed against other
individuals in the People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 2, 2015
Mr. Smith of New Jersey (for himself and Mr. Lipinski) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on the Judiciary, 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 against individuals who are nationals of the
People's Republic of China who are responsible for gross violations of
internationally recognized human rights committed against other
individuals 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
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(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) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' includes--
(A) extrajudicial killings;
(B) torture or cruel, inhuman, or degrading
treatment or punishment;
(C) prolonged arbitrary detention, causing the
disappearance of individuals by the abduction and
clandestine detention of those individuals;
(D) forced abortion or sterilization;
(E) psychiatric or medical experimentation or organ
harvesting of individuals without consent or obtained
in detention; and
(F) other flagrant denial of the right to life,
liberty, or the security of an individual.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 3. AUTHORIZATION OF SANCTIONS FOR GROSS VIOLATIONS OF
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to an individual who is a national of
the People's Republic of China the President determines, based on
credible information--
(1) is responsible for gross violations of internationally
recognized human rights committed against other individuals in
the People's Republic of China, particularly those individuals
who seek to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms, such as
the freedoms of religion, expression, association, and
assembly, and the rights to a fair trial and democratic
elections;
(2) acted as an agent of or on behalf of another individual
who is a national of the People's Republic of China in a matter
relating to an activity described in paragraph (1); or
(3) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, an activity described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--
(A) In general.--Ineligibility of the individual to
receive a visa to enter the United States or to be
admitted to the United States.
(B) Revocation.--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.
(2) Blocking of property.--
(A) In general.--The blocking, in accordance with
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of 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.
(B) 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 section.
(c) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. 4. WAIVER AUTHORITY AND EXCEPTION TO COMPLY WITH UNITED NATIONS
HEADQUARTERS AGREEMENT.
(a) Waiver Authority.--The President may waive the application of
sanctions under section 3 with respect to an individual who is a
national of the People's Republic of China if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) not later than 30 days prior to granting such a waiver,
submits to the appropriate congressional committees notice of,
and a justification for, the waiver.
(b) Exception To Comply With United Nations Headquarters
Agreement.--Sanctions under sections 3(b)(1) shall not apply to an
individual who is a national of the People's Republic of China 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.
SEC. 5. TERMINATION OF SANCTIONS.
The President may terminate the application of sanctions under
section 3 with respect to an individual who is a national of the
People's Republic of China if the President determines and reports to
the appropriate congressional committees not later than 15 days before
the termination of the sanctions 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
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in section 3
in the future.
SEC. 6. ESTABLISHMENT OF CHINA HUMAN RIGHTS DOCUMENTATION CENTER.
(a) In General.--The Secretary of State shall seek to provide for
the establishment of and provide funding for an independent,
nongovernmental organization, to be referred to as the China Human
Rights Documentation Center, to--
(1) compile, publish, and archive credible evidence of
nationals of the People's Republic of China who commit gross
violations of internationally recognized human rights against
individuals in the People's Republic of China;
(2) receive evidence of such violations from
nongovernmental organizations and governmental entities;
(3) establish an online and searchable database, in English
and in Chinese, and establish other multi-media information
platforms, in English and in Chinese, of credible evidence of
such violations for research and educational purposes; and
(4) compile, publish, and archive credible evidence of
individuals who are nationals of the People's Republic of China
who are engaged in--
(A) censorship of the Internet, restrictions on the
freedom of expression, the free flow of news and
information, and the silencing of peaceful dissent
against government policy or practice;
(B) threats, surveillance, censorship, detention,
beatings, or the denials or delays of visas of United
States or other foreign journalists working in China;
(C) threats, beatings, surveillance, detention, or
threats to the loss of jobs or professional status made
against--
(i) individuals who are human rights
lawyers seeking to represent clients detained
in extra-legal detention centers;
(ii) individuals considered by the United
Nations Working Group on Arbitrary Detention to
be detained arbitrarily in China, including
Tibetans, Uyghurs, and individuals who are
members of the Falun Gong;
(iii) individuals who are democracy, labor,
environmental, or free speech advocates;
(iv) individuals who are petitioners or
bloggers;
(v) individuals accused in governmental
anti-corruption campaigns; and
(vi) individuals from religious communities
that are independent of government-approved
religious organizations;
(D) restrictions on the right to freedom of
religion and the ability to exercise peaceful religious
practice, in public and private, independent of
government restrictions or oversight of religious
teachings or choice of religious leaders, particularly
the arrest and detention of religious leaders, the
destruction of property or heavy fines, and the
``patriotic education'' of religious leaders;
(E) implementing China's population control
policies, including through the coercive and persistent
monitoring of fertility, the issuing of heavy fines,
and threats made for the loss of employment or the
denial of residency and other government benefits to
children born beyond the government-prescribed limit;
(F) profiting from or overseeing slave labor,
particularly in detention facilities, or from sex or
bride trafficking or those engaged in beating,
threatening, or detaining individuals seeking to
disrupt trafficking in persons networks;
(G) profiting from the sale of organs harvested
from an individual without consent or while an
individual is in detention;
(H) disrupting or prohibiting, through violence,
intimidation, discrimination, or threats, attempts to
organize independent trade unions or to engage in
efforts of collective bargaining; or
(I) prosecuting, sentencing, or those involved in
the continued detention of individuals determined by
the United Nations Working Group on Arbitrary Detention
to have been detained arbitrarily.
(b) Authorization of Appropriations.--Of the funds authorized to be
appropriated to the Department of State for each fiscal year beginning
after the date of the enactment of this Act, such funds as may be
necessary to carry out this section are authorized to be appropriated
to carry out this section for such fiscal year.
(c) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. 7. USE OF CREDIBLE EVIDENCE FOR SANCTIONS DETERMINATIONS AND
REPORTS.
In making determinations to impose sanctions under section 3 and
for purposes of preparing and submitting reports to Congress under
sections 8 and 9, the President should use any credible evidence--
(1) compiled and published by the China Human Rights
Documentation Center established under section 6;
(2) compiled and published by the Department of State and
other appropriate Federal departments and agencies; and
(3) submitted to the President by the chairperson and
ranking member of appropriate congressional committees.
SEC. 8. REPORTS BY PRESIDENT TO CONGRESS.
(a) Report Required.--
(1) In general.--The President shall submit to the
appropriate congressional committees on an annual basis a
report that includes--
(A) a list of individuals who are nationals of the
People's Republic of China with respect to which the
President imposed sanctions pursuant to section 3
during the calendar year preceding the submission of
the report;
(B) a description of the type of sanctions imposed
with respect to each individual;
(C) the number of individuals with respect to which
the President imposed sanctions under section 3(a)
during that year;
(D) the dates on which such sanctions were imposed
or terminated, as the case may be;
(E) the reasons for imposing or terminating such
sanctions; and
(F) a description of the efforts of the President
to encourage the governments of other countries to
impose sanctions that are similar to the sanctions
authorized by section 3.
(2) Dates for submission.--
(A) Initial report.--The President shall submit the
initial report required by this subsection not later
than 180 days after the date of the enactment of this
Act.
(B) Subsequent reports.--
(i) In general.--The President shall submit
each subsequent report required by this
subsection on December 10, or the first day
thereafter on which both Houses of Congress are
in session, of--
(I) the calendar year in which the
initial report is submitted if the
initial report is submitted before
December 10 of such calendar year; and
(II) each subsequent calendar year.
(ii) Congressional statement.--Congress
notes that December 10 of each calendar year
has been recognized in the United States and
internationally since 1950 as ``Human Rights
Day'' and thus the importance of December 10 of
each calendar year as the date of submission of
the subsequent reports required by this
subsection.
(b) Form of Report.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Exception.--The name of an individual who is a national
of the People's Republic of China to be included in the list
required by subsection (a)(1) by reason of the imposition of
sanctions pursuant to section 3 may be submitted in the
classified annex authorized by paragraph (1) only if the
President--
(A) determines that it is vital for the national
security interests of the United States to do so; and
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act.
(c) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) 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.
SEC. 9. REPORT BY COMPTROLLER GENERAL TO CONGRESS ON IMPLEMENTATION OF
THIS ACT.
(a) In General.--Not later than 1 year after the date of submission
of the initial report to Congress under section 8, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on the following:
(1) A description and assessment of the process--
(A) to determine whether an individual who is a
national of the People's Republic of China has engaged
in an activity described in section 3 and whether
sanctions under section 3 should be imposed with
respect to the individual;
(B) to determine whether the identity of an
individual who is a national of the People's Republic
of China with respect to which the President has
imposed sanctions pursuant to section 3 should be
classified; and
(C) whether the inclusion of the identity of an
individual who is a national of the People's Republic
of China in the unclassified version of the report has
had any noticeable positive benefits in curtailing
gross violations of internationally recognized human
rights in the People's Republic of China.
(2) An assessment of the implementation of this Act.
(b) Consultation.--The Comptroller General shall consult with the
appropriate congressional committees and nongovernmental organizations
for purposes of preparing the report required by subsection (a).
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