[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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