[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9265 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9265

  To combat the negative environmental, ecological, and public health 
 impacts of People's Republic of China and People's Republic of China-
               linked investments in sub-Saharan Africa.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2024

  Mrs. Kim of California (for herself and Mr. Allred) 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 combat the negative environmental, ecological, and public health 
 impacts of People's Republic of China and People's Republic of China-
               linked investments in sub-Saharan Africa.

    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 ``Stopping PRC Environmental 
Exploitation and Degradation Act'' or the ``SPEED Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Department of State report titled ``China's 
        Environment Abuses'' states that the People's Republic of China 
        (referred to as the ``PRC''), ``threatens the global economy 
        and global health by unsustainably exploiting natural resources 
        and exporting its willful disregard for the environment through 
        its One Belt, One Road initiative''.
            (2) During the past 20 years, the People's Republic of 
        China has significantly increased its economic and business 
        activities in sub-Saharan Africa. While legal systems across 
        countries vary, business entities are generally bound by the 
        laws of their home country, the host country, and international 
        law. Chinese business entities are notorious for consciously 
        violating the laws of their host countries and international 
        law.
            (3) PRC and Chinese private sector companies (hereafter 
        referred to as ``PSCs'') destructive, and at times illegal, 
        mining, drilling, logging, and fishing practices in sub-Saharan 
        Africa cause high levels of concern and harm across sub-Saharan 
        Africa. Many PRC-linked entities and Chinese PSCs in sub-
        Saharan Africa operate with little regard for ecology, public 
        health, and the well-being of local residents and wildlife.
            (4) The World Wildlife Fund has found that One Belt, One 
        Road corridors overlap with, and thus may adversely affect, 
        over 1,700 key biodiversity areas or important bird areas and 
        the habitat ranges of 265 threatened species.
            (5) Adverse environmental, ecological, and public health 
        incidents connected to lax PRC-linked entities and PSCs 
        business practices have been reported throughout sub-Saharan 
        Africa including, but not limited to, Ethiopia, The Gambia, 
        Ghana, and the Democratic Republic of Congo.
            (6) As early as 2014, in Ethiopia's Somali ``Ogaden'' 
        region, reports of a deadly disease spread across the 
        communities surrounding a PRC-linked natural gas plant. Local 
        healthcare professionals suspect that the illness is caused by 
        hazardous chemical waste from the PRC-linked gas drilling 
        operation that poisoned the drinking water supply. The illness 
        results in the yellowing of the eyes, bleeding from the nose 
        and mouth, a fever, and then death. Over 2,000 deaths suspected 
        of being attributable to this waste have been reported 
        according to Voice of America.
            (7) Beginning in 2016, multiple Gambian communities have 
        faced adverse environmental and economic impacts from fishmeal 
        processing factories owned partially or fully by PRC citizen 
        investors. Golden Lead in Gunjur, JXYG in Kartong, and Nessim 
        in Sanyang are accused of illegal, unreported, and unregulated 
        (``IUU'') fishing practices, discharging untreated waste into 
        waterways and nearby community gardens, and emitting odors. 
        Overfishing leads to dumping of dead fish which then wash onto 
        beaches, disrupting the local fish market economy and 
        threatening a critical food supply for Gambians. Locals also 
        report that contaminated wastewater from the fishmeal factories 
        is dumped into freshwater sources, allowing a harmful algae 
        bloom to spread turning the water red.
            (8) The involvement of Chinese nationals in illegal, small-
        scale gold mining in Ghana, known as ``galamsey'', is 
        threatening Ghana's cocoa industry and subsistence farming. 
        Between 2008 and 2016 an estimated 50,000 PRC citizens migrated 
        to Ghana to work in the mining sector. The PRC has been accused 
        of encouraging the goldrush migration to Ghana and has been 
        unhelpful in Ghana's efforts to crack down on the harmful, 
        illegal mining by PRC citizens. These miners are shifting 
        techniques to sophisticated imported machinery supplied by PRC 
        citizen investors and introducing alternative gold extraction 
        processes, such as cyanide washing, which have had devastating 
        environment impacts especially to Ghana's waterways and cocoa 
        farms. Ghana's National Food Buffer Stock Company Limited, the 
        state-owned company responsible for managing the government's 
        emergency food security reserves, estimates that galamsey 
        activities have negatively affected or destroyed more than 
        19,000 hectares (46,950 acres) of cocoa plantations.
            (9) In 2021, local riverine communities in the Democratic 
        Republic of Congo accused a PRC mining company of polluting the 
        Aruwimi River, an important tributary of the Congo River. 
        Locals reported water discolored by waste disposal. The 
        incident sparked an increase in sickness, and dead fish began 
        floating in the river, which locals consumed. The PRC mining 
        firm planned to remediate the issue by relocating 10,000 people 
        away from their communities and livelihoods.
            (10) The PRC's involvement in fisheries can threaten 
        Africa's sovereignty over natural resources through beneficial 
        ownership agreements, coercive licensing arrangements, and 
        investments in ports, fishmeal, and cold storage facilities. 
        PRC-owned vessels frequently reflag to other nations, obscuring 
        ownership and responsibility for vessels' actions.

SEC. 3. STATEMENT OF POLICY.

     It is the policy of the United States to--
            (1) ensure that United States-registered corporate entities 
        abide by United States, host country, and international 
        environmental protection and labor laws and regulatory 
        guidelines;
            (2) oppose the actions of PRC-linked entities and PSCs that 
        do not abide by host country and international environmental 
        protection and labor laws in their business dealings in sub-
        Saharan Africa and that instead aim to exploit the natural 
        resource endowments of these countries, irrespective of the 
        damage done to local communities; and
            (3) work with willing African governments to encourage 
        development of a mitigation strategy for the negative 
        environmental, ecological and public health impact of PRC-
        linked entities and Chinese PSCs, including holding violators 
        accountable.

SEC. 4. STRATEGY AND SUITABILITY FOR LISTING.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of State and the Administrator of the United States 
Agency for International Development, in consultation with the heads of 
other Federal departments and agencies as applicable, shall submit to 
Congress a strategy to partner with willing African countries to 
develop mitigation strategies for the negative environmental impact of 
PRC-linked and PSC investments across Africa. Such a strategy shall--
            (1) outline major founded instances of adverse 
        environmental, ecological, and public health incidents that can 
        be linked to the People's Republic of China and Chinese PSC's 
        adverse business practices in sub-Saharan Africa;
            (2) identify specific sub-Saharan African countries where 
        the opportunity is greatest for increased collaboration on 
        environmental remediation and ecological restoration to address 
        and mitigate PRC-linked entities and Chinese PSCs environmental 
        degradation; and
            (3) include a plan detailing how increased United States 
        technical assistance would assist the countries identified in 
        paragraph (2) in combating the environmental degradation caused 
        by PRC-linked entities and Chinese PSCs to positively impact 
        the most at-risk communities.

SEC. 5. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the President may impose the sanctions described 
in subsection (b) with respect to any foreign person the President 
determines, based on credible evidence and consistent with United 
States foreign policy interests, is responsible for a severe, adverse 
environmental, ecological, or public health incident in sub-Saharan 
Africa and is--
            (1) an entity that is headquartered in a country of concern 
        or is organized under the laws of a country of concern; or
            (2) an individual who is--
                    (A) a citizen of a country of concern;
                    (B) an official or employee of a country of 
                concern; or
                    (C) a foreign employee of an entity described in 
                paragraph (1).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Inadmissibility to united states.--In the case of a 
        foreign person who is an individual--
                    (A) ineligibility to receive a visa to enter the 
                United States or to be admitted to the United States; 
                or
                    (B) if the individual has been issued a visa or 
                other documentation, revocation, thereof, 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 a foreign person 
                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) Exception Relating to the Provision of Humanitarian 
Assistance.--Sanctions under this section may not be imposed with 
respect to transactions or the facilitation of transactions for--
            (1) the sale of agricultural commodities, food, medicine, 
        or medical devices;
            (2) the provision of humanitarian assistance;
            (3) financial transactions relating to humanitarian 
        assistance; or
            (4) transporting goods or services that are necessary to 
        carry out operations relating to humanitarian assistance.
    (d) Exception To Comply With United Nations Headquarters Agreement 
and Law Enforcement Objectives.--Sanctions under subsection (b)(1) 
shall not apply to an individual if admitting the individual into the 
United States would further important law enforcement objectives or 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.
    (e) Exceptions for Intelligence Activities.--Sanctions under this 
section shall not apply to any activity 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.
    (f) Enforcement of Blocking of Property.--A person that knowingly 
violates, attempts to violate, conspires to violate, or causes a 
violation of a sanction described in subsection (b)(2) that is imposed 
by the President or any regulation, license, or order issued to carry 
out such a sanction 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.
    (g) Waiver.--The President may waive the application of subsection 
(b) if the President--
            (1) determines that such a waiver is in the national 
        interests of the United States; and
            (2) not more than 15 days after the waiver takes effect, 
        notifies Congress of the waiver and the reason for the waiver.
    (h) Definitions.--In this section:
            (1) Country of concern.--The term ``country of concern'' 
        has the meaning given to the term ``foreign country of 
        concern'' in section 231.102 of title 15, Code of Federal 
        Regulations.
            (2) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen;
                    (B) a permanent resident alien of the United 
                States;
                    (C) 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; 
                or
                    (D) a person in the United States.

SEC. 6. SUNSET.

    This Act shall terminate on the date that is 5 years after the date 
of the enactment of this Act.
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