[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S2798-S2799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1549. Mr. MARKEY (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III of division C, add the following:

     SEC. 3314. ENDING CHINA'S EXIT BAN FOR AMERICAN CITIZENS.

       (a) Short Title.--This section may be cited as the ``Ending 
     China's Exit Ban for American Citizens Act of 2021''.
       (b) Findings.--Congress finds the following:

[[Page S2799]]

       (1) According to the Integrated Country Strategy for the 
     United States Mission to China, released on August 29, 2018--
       (A) ``Chinese law enforcement and security services employ 
     extra-judicial means against U.S. citizens without regard to 
     international norms''; and
       (B) exit bans ``are sometimes used to prevent U.S. citizens 
     who are not themselves suspected of a crime from leaving 
     China as a means to pressure their relatives or associates 
     who are wanted by Chinese law enforcement in the United 
     States''.
       (2) The Government of China has imposed exit bans on United 
     States citizens in the context of criminal charges and 
     private commercial disputes.
       (3) Imposing exit bans on foreign nationals is authorized 
     by Article 28 of the Exit and Entry Administration Law of the 
     People's Republic of China, which--
       (A) lists the circumstances under which ``foreigners shall 
     not be allowed to exit China'', including ``other 
     circumstances in which exit shall not be allowed in 
     accordance with laws or administrative regulations''; and
       (B) assigns responsibility for administering exit/entry 
     matters to the Ministry of Public Security and the Ministry 
     of Foreign Affairs, with public security organs responsible 
     for administering ``the stay and residence of foreigners.
       (4) Such exit bans against United States citizens may 
     violate Article 35 of the Consular Convention Between the 
     United States of America and the People's Republic of China, 
     done at Washington September 17, 1980, which states that--
       (A) if a United States national is ``placed under any form 
     of detention'', the Government of China shall notify the 
     United States consulate within 4 days; and
       (B) a United States consular officer is entitled to ``be 
     informed of the reasons for which said national has been 
     arrested or detained in any manner.''
       (5) Such exit bans may also violate Article 36 of the 
     Vienna Convention on Consular Relations, done at Vienna April 
     24, 1963, and in effect in China as of August 1, 1979, which 
     requires the Government of China to ``without delay, inform 
     the consular post of the sending State if, within its 
     consular district, a national of that State. . .is detained 
     in any other manner.''.
       (6) Many United States citizens are not aware of a ban on 
     their exit until they attempt to leave China and once they 
     are made aware of the ban, Chinese authorities provide very 
     little information to the United States citizen, or to United 
     States consular officials regarding--
       (A) the nature of the ban;
       (B) which Chinese government entity is responsible for the 
     ban; and
       (C) what procedures must be followed to resolve the dispute 
     related to the ban.
       (7) The apparent extra-judicial application of exit bans to 
     United States citizens presents a serious human rights 
     concern that violates due process rights to which United 
     States citizens are entitled under international law.
       (c) Ineligibility of Certain Aliens for Visas.--If the 
     Secretary of State determines that an official of the 
     Government of China has been substantially involved in the 
     formulation or execution of a policy that prohibits certain 
     United States citizens from leaving China in an attempt to 
     convince a relative of such citizens to submit himself or 
     herself into the custody of the Government of China for 
     prosecution, to compel United States citizens to participate 
     in Chinese government investigations, or to aid the 
     Government of China in resolving civil disputes in favor of 
     Chinese parties--
       (1) such official may not be issued a visa to enter the 
     United States or be admitted to the United States; and
       (2) any visa or other documentation to enter or to be 
     present in the United States that was previously issued to 
     such official shall be revoked by the Secretary of State, in 
     accordance with section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)).
       (d) Termination of Visa Ineligibility.--
       (1) In general.--The Secretary of State may terminate visa 
     ineligibility under subsection (c) with respect to an 
     individual if the Secretary of State determines that--
       (A) credible information exists that the individual did not 
     engage in the activity for which visa ineligibility was 
     imposed;
       (B) the individual has been prosecuted appropriately for 
     the activity for which visa ineligibility was imposed;
       (C) the individual has--
       (i) credibly demonstrated a significant change in behavior;
       (ii) been subject to an appropriate consequence for the 
     activity for which visa ineligibility was imposed; and
       (iii) credibly committed to not engage in an activity 
     described in subsection (c) in the future; or
       (D) the termination of visa ineligibility is in the 
     national security interests of the United States.
       (2) Notification.--Not later than 15 days before the date 
     on which visa ineligibility is terminated under paragraph (1) 
     with respect to an individual, the Secretary of State shall 
     submit a report to the Committee on Foreign Relations of the 
     Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on the Judiciary of the House of 
     Representatives that describes the justification for the 
     termination.
       (e) Annual Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 5 years, the Secretary of State shall submit a 
     report to the congressional committees listed in subsection 
     (d)(2) that identifies--
       (A) to the extent practicable, all of the Chinese officials 
     who were substantially involved in the formulation or 
     execution of a policy that prohibits certain United States 
     citizens from leaving China in an attempt--
       (i) to convince a relative of such citizens to submit 
     himself or herself into the custody of the Government of 
     China for prosecution;
       (ii) to compel United States citizens to participate in 
     Chinese government investigations; or
       (iii) to aid the Government of China in resolving civil 
     disputes in favor of Chinese parties;
       (B) the individuals who have had visas denied or revoked 
     pursuant to subsection (c) during the preceding year, 
     including the dates on which such denials or revocations were 
     imposed or terminated, as applicable;
       (C) the number of United States citizens who the Government 
     of China has prohibited from leaving China for any of the 
     reasons described in subsection (c); and
       (D) for each of the United States citizens referred to in 
     subparagraph (C), the period during which they have been 
     forced to remain in China.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (3) Exclusion of personally identifiable information.--The 
     Secretary of State may not include any personally identifying 
     information of any United States citizen in any of the 
     reports submitted to Congress under paragraph (1).
       (4) Privacy act.--Any information obtained by the Secretary 
     of State to complete the report under this subsection shall 
     be subject to section 552a of title 5, United States Code 
     (commonly known as the ``Privacy Act'').
       (f) Waiver for National Interest.--
       (1) In general.--The Secretary of State may waive the 
     application of subsection (c) in the case of an alien if the 
     Secretary determines that such waiver--
       (A) 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 (TIAS 1676), or any other 
     applicable international obligation of the United States; or
       (B) is in the national interest of the United States.
       (2) Notification.--Upon granting a waiver under paragraph 
     (1), the Secretary of State shall submit a report to the 
     congressional committees listed in subsection (d)(2) that--
       (A) details the evidence and justification for the 
     necessity of such waiver; and
       (B) if such waiver is granted pursuant to paragraph (1)(B), 
     explains how such waiver relates to the national interest of 
     the United States.
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