[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4799 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4799

To require the imposition of sanctions with respect to forced abortions 
          by the Government of the People's Republic of China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2020

   Mr. Cruz introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To require the imposition of sanctions with respect to forced abortions 
          by the Government of the People's Republic of China.

    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 ``Sanctioning and Highlighting 
Authoritarian Medicine and Eugenics Act of 2020'' or the ``SHAME Act''.

SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO FORCED ABORTIONS BY THE 
              GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--The President shall impose the sanctions described 
in subsection (c) with respect to each person identified under 
subsection (b)(1)(A).
    (b) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State shall submit to the appropriate 
        congressional committees a report that--
                    (A) identifies any official or agency of the 
                Government of the People's Republic of China and any 
                member of the Chinese Communist Party that the 
                Secretary determines knowingly orders, controls, or 
                directs, or routinely conducts any action to carry out, 
                a coercive birth-limitation policy carried out in 
                Xinjiang Uyghur Autonomous Region or upon residents of 
                that region, including involuntary abortions, 
                involuntary sterilizations, mandatory contraception use 
                or contraceptive implantation, deceptive contraceptive 
                implantation, government control of birth spacing, or 
                mandatory birth permits; and
                    (B) includes a determination of whether the action 
                described in subparagraph (A) of a person identified 
                under that subparagraph was motivated or carried out 
                against an individual on the basis of the identity, 
                including race, religion, or ethnicity of the 
                individual.
            (2) Sources of information.--In preparing the report 
        required under paragraph (1), the Secretary may use any 
        publication, database, web-based resource, public information 
        compiled by any government agency, and any information 
        collected or compiled by a nongovernmental organization or 
        other entity provided to or made available to the Secretary, 
        that the Secretary finds credible.
            (3) Form of report.--The report required under paragraph 
        (1) shall be submitted in unclassified form, but may include a 
        classified index.
            (4) Publicly available list.--Not later than 30 days after 
        the date on which a report is submitted to the appropriate 
        congressional committees under paragraph (1), the Secretary, in 
        coordination with Secretary of the Treasury and the Director of 
        National Intelligence, shall publish on a publicly available 
        internet website maintained by the Department of State, in 
        English and Mandarin Chinese--
                    (A) a list of each person identified under 
                paragraph (1)(A);
                    (B) a description of the location where the action 
                for which the person was so identified occurred;
                    (C) a determination with respect to whether that 
                action was motivated or carried out against an 
                individual on the basis of the identity, including 
                race, religion, or ethnicity of the individual; and
                    (D) a statement of whether that person has been 
                designated for the imposition of sanctions pursuant to 
                the Global Magnitsky Human Rights Accountability Act 
                (subtitle F of title XII of Public Law 114-328; 22 
                U.S.C. 2656 note).
    (c) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        are the following:
                    (A) Property blocking.--The President shall, 
                pursuant to the International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.), block and prohibit all 
                transactions in property and interests in property of a 
                person identified under subsection (b)(1)(A) 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) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Exclusion from the united states.--The 
                        Secretary of State shall deny a visa to, and 
                        the Secretary of Homeland Security shall 
                        exclude from the United States, any alien 
                        identified under subsection (b)(1)(A).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of any such 
                                officer or Secretary) shall revoke any 
                                visa or other entry documentation 
                                issued to an alien identified under 
                                subsection (b)(1)(A), regardless of 
                                when the visa or other documentation 
                                was issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall 
                                take effect immediately and shall 
                                automatically cancel any other valid 
                                visa or entry documentation that is in 
                                the alien's possession.
            (2) Inapplicability of national emergency requirement.--The 
        requirements under section 202 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701) shall not apply for 
        purposes of paragraph (1)(A).
    (d) Exceptions.--
            (1) Intelligence activities.--This section shall not apply 
        with respect to activities subject to the reporting 
        requirements under title V of the National Security Act of 1947 
        (50 U.S.C. 3091 et seq.) or any authorized intelligence 
        activities of the United States.
            (2) Compliance with united nations headquarters 
        agreement.--Subsection (c)(1)(B) shall not apply with respect 
        to the admission of an alien to the United States if such 
        admission is necessary to comply with United States obligations 
        under the Agreement between the United Nations and the United 
        States of America regarding the Headquarters of the United 
        Nations, signed at Lake Success June 26, 1947, and entered into 
        force November 21, 1947, under the Convention on Consular 
        Relations, done at Vienna April 24, 1963, and entered into 
        force March 19, 1967, or under other international obligations.
    (e) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (c)(1)(A) or any regulation, license, or order 
        issued to carry out that subsection 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 an unlawful 
        act described in subsection (a) of that section.
    (f) Definitions.--In this section:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs of the House 
                of Representatives.
            (3) Person.--The term ``person'' means an individual or 
        entity, including a governmental entity.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States.
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