China Human Rights Protection Act of 2014 - Directs the President to submit to Congress a list (with updates) of individuals responsible for, or complicit in, the commission of:
Requires the President to impose: (1) U.S. entry and financial sanctions on listed individuals, and (2) additional sanctions on individuals listed for two and three years.
States that entry, financial, and U.S. program benefits sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. Requires congressional notification.
Authorizes the President to terminate sanctions against an individual under specified circumstances.
Sets forth related penalty requirements.
Amends the Immigration and Nationality Act to authorize the refusal of a nonimmigrant I-visa (foreign media representative) to aliens who are executives at a state-controlled media organization from China if any U.S. media personnel were expelled, had visas denied, or faced intimidation or violence working in China during the prior fiscal year.
Directs the President to order the revocation, delay, or refusal of a sufficient number of visas already issued to executives of state-controlled media organizations from China in proportion to the expulsions, visa delays or denials, and intimidation experienced by personnel from U.S. journalist or media organizations in the previous 12 months.
Expresses the sense of Congress that:
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5379 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5379
To impose sanctions on individuals that are responsible for the
commission of serious and ongoing violations of human rights or gross
violations of human rights against nationals of the People's Republic
of China or their family members, to protect universal freedoms in the
People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2014
Mr. Smith of New Jersey introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committees on Financial Services, the Judiciary, and Ways and Means,
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 on individuals that are responsible for the
commission of serious and ongoing violations of human rights or gross
violations of human rights against nationals of the People's Republic
of China or their family members, to protect universal freedoms 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
2014''.
SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS RESPONSIBLE FOR
COMMISSION OF SERIOUS AND ONGOING VIOLATIONS OF HUMAN
RIGHTS OR GROSS VIOLATIONS OF HUMAN RIGHTS AGAINST
NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA OR THEIR
FAMILY MEMBERS.
(a) In General.--Except as provided in subsection (e), the
President shall--
(1) impose sanctions described in paragraph (1)(A) of
subsection (c) and paragraph (2) of such subsection (as
applicable) with respect to each individual on the list
required by subsection (b)(1); and
(2) impose sanctions described in subparagraphs (A) and (B)
of subsection (c)(1) with respect to each individual on the
list required by subsection (b)(2).
(b) Lists Required.--
(1) Individuals responsible for commission of serious and
ongoing violations of human rights.--Not later than 120 days
after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a list
of individuals that the President determines are responsible
for or complicit in, or responsible for directing, the
commission of serious and ongoing violations of human rights
against nationals of the People's Republic of China or their
family members, regardless of whether such abuses occurred in
China.
(2) Individuals responsible for gross violations of human
rights.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals that
the President determines--
(A) are responsible for or complicit in, or
responsible for directing, the commission of gross
violations of human rights against nationals of the
People's Republic of China or their family members,
regardless of whether such abuses occurred in China; or
(B) have benefitted materially or financially from
the commission of serious and ongoing violations of
human rights described in paragraph (1) or the
commission of gross violations of human rights
described in subparagraph (A).
(3) Updates of lists.--The President shall submit to the
appropriate congressional committees updated lists under
paragraphs (1) and (2)--
(A) not less frequently than on annual basis; and
(B) as new information becomes available.
(4) Form; public availability.--
(A) Form.--The lists required by paragraphs (1) and
(2) shall be submitted in unclassified form but may
contain a classified annex.
(B) Public availability.--The unclassified portion
of the lists required by paragraphs (1) and (2) shall
be made available to the public and published in the
Federal Register.
(5) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the lists
required by paragraphs (1) and (2) 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.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this paragraph
are the following:
(A) Prohibition on entry and admission to the
united states.--In the case of an individual whose name
appears on the list required by paragraph (1) or (2) of
subsection (b)--
(i) ineligibility to receive a visa to
enter the United States or to be admitted to
the United States; or
(ii) 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.
(B) Financial sanctions.--
(i) In general.--In the case of an
individual whose name appears on the list
required by subsection (b)(2), the President
shall impose sanctions authorized pursuant to
section 203 of the International Emergency
Economic Powers Act (50 U.S.C. 1702) with
respect to the individual, including blocking
of the property of, and restricting or
prohibiting financial transactions and the
exportation and importation of property Act by,
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.
(ii) 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 subparagraph.
(2) Additional sanctions.--The sanctions described in this
paragraph are the following:
(A) Individuals on list for two consecutive
years.--In the case of an individual whose name appears
on the list required by subsection (b)(1) for two
consecutive years but does not appear on the list
required by subsection (b)(2) for such two consecutive
years, the individual and any immediate family member
of the individual shall be ineligible to participate in
or receive any benefit from any program, project, or
activity that is funded by the United States
Government.
(B) Individuals on list for three consecutive
years.--
(i) In general.--In the case of an
individual whose name appears on the list
required by subsection (b)(1) for three
consecutive years but does not appear on the
list required by subsection (b)(2) for such
three consecutive years, the President shall
impose sanctions authorized pursuant to section
203 of the International Emergency Economic
Powers Act (50 U.S.C. 1702) with respect to the
individual, including blocking of the property
of, and restricting or prohibiting financial
transactions and the exportation and
importation of property Act by, 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.
(ii) 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 subparagraph.
(C) Regulatory authority.--The President shall
issue such regulations, licenses, and orders as are
necessary to carry out this paragraph.
(d) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one of the
appropriate congressional committees with respect to whether an
individual has engaged in an activity described in subsection (b)(1) or
subsection (b)(2)(A) or meets the requirements of subparagraph (B) of
subsection (b)(2), the President shall--
(1) determine if that individual has engaged in such an
activity or meets such requirements; and
(2) submit to the chairperson and ranking member of that
committee a report with respect to that determination that
includes--
(A) a statement of whether or not the President
imposed or intends to impose sanctions with respect to
the individual; and
(B) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(e) Exception To Comply With United Nations Headquarters
Agreement.--
(1) In general.--Sanctions under paragraph (1) or (2) of
subsection (c) shall not apply to an individual 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.
(2) Notification.--The President shall submit to the
appropriate congressional committees a notification that
paragraph (1) applies to an individual prior to the application
of paragraph (1) to the individual.
(f) Termination of Sanctions.--The President may terminate the
application of sanctions under subsection (c) with respect to an
individual if the President determines and reports to the appropriate
congressional committees on the day the individual is removed from the
list 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
activities for which sanctions were imposed, and has credibly
committed to not engage in an activity described in
subparagraph (A) or (B) of subsection (b)(1) or meets the
requirements of subparagraph (C) of subsection (b)(1).
(g) Definitions.--In this section:
(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) Human rights definitions.--
(A) Gross violations of human rights.--The term
``gross violations of human rights'' means, with
respect to an individual, the act of torture, forced
disappearance, extra-judicial killing, rape, prolonged
and harsh detention, forced abortion or sterilization,
or other severe and ongoing deprivations of individual
liberty, including psychiatric or medical
experimentation or organ harvesting of the individual
detained for exercising internationally guaranteed
human rights.
(B) Serious and ongoing violations of human
rights.--The term ``serious and ongoing violations of
human rights'' means, with respect to an individual,
violations of freedom of expression or Internet
censorship, freedom of religion, freedom of assembly
and association, or the right of due process such that
the individual is not able to engage freely in such
activities without fear of arrest, intimidation,
arbitrary detention, property destruction or
confiscation, heavy fines, or loss of jobs or
professional status.
(3) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons described in subparagraph
(A) own, directly or indirectly, more than 50 percent
of the outstanding capital stock or other beneficial
interest in such legal entity.
SEC. 3. ESCALATING SANCTIONS FOR INDIVIDUALS WHO COMMIT ONGOING AND
SERIOUS ABUSES OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS
AGAINST CHINESE NATIONALS OR THEIR FAMILIES.
(a) In General.--Any individual who remains on the list created by
section 2(b)(1)(A) for 2 consecutive years, and is not specially
identified for committing or being responsible for committing gross
violations of internationally recognized human rights, shall incur
additional penalties or sanctions, including the following:
(1) Such individuals and their immediate family members
shall be denied from engaging or benefitting from any Federal
program or institution.
(2) The President shall require that the individuals on
list under section 2(b)(1)(A), and their immediate family
members, shall not engage in or benefit from any Federal
program or institution.
(3) The President shall order the removal individuals on
the list under section 2(b)(1)(A) and their immediate family
members from any Federal program or institution.
(4) The President shall submit to the appropriate
congressional committee not later than the last day of each
fiscal year, a list of the family members denied from engaging
in or benefitting from any Federal program or institution.
(5) Exceptions to this section may include those family
members who are known to have publicly disavowed the human
rights abuses of individuals found on the list created by
section 2(b)(1)(A) and those, who are enrolled in said Federal
program or institutions, on the day before the list described
in this section is submitted to Congress.
(b) Continuing Offenders.--Any individual who remains on the list
created by section (2)(b)(1)(A) for three consecutive years, and is not
already specially identified for committing or being responsible for
committing gross violations of internationally recognized human rights,
shall incur additional penalties or sanctions such as:
(1) Financial sanctions.--The President shall impose
sanctions authorized pursuant to section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
with respect to an individual whose name appears on the list
required by section 2(b)(1), in including blocking of the
property of, and restricting or prohibiting financial
transactions and the exportation and importation of property
Act 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.
(2) Waiver.--The President may waive the application of
this subsection for the same reasons stated in section 2(e)
above.
(c) Enforcement.--
(1) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or section 2(c) or 2(d) above or any regulation,
license, or order issued to carry out said sections 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 gross violations of internationally recognized human
rights.
(2) Requirements for financial institutions.--Not later
than 120 days after the date of the enactment of this Act, the
President shall prescribe regulations requiring each financial
institution that is a United States person and has within its
possession or control assets that are property or interests in
property of a foreign person on the lists required by section
2(b)(1)(B) and those later identified in section 3(b) to
certify to the President that, to the best of the knowledge of
the financial institution, the financial institution has frozen
all assets within the possession or control of the financial
institution that are required to be frozen.
(d) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
(e) Definition.--In this section, the term ``Federal program or
institution'' means any program or institution that receives funds from
the Federal Government.
SEC. 4. TO FURTHER PROTECT THE INTERNATIONALLY RECOGNIZED RIGHT OF FREE
EXPRESSION, ENSURE THE FREE FLOW OF INFORMATION, AND
PROTECT FOREIGN JOURNALISTS AND MEDIA PERSONNEL IN CHINA.
(a) Limitation on I-Visas.--Section 101(a)(15)(I) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(I)) is amended by
inserting ``subject to section 214(s),'' before ``upon a basis''.
(b) Restrictions on Visas to Executives of State-Owned Media.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following:
``(s) Restrictions on Visas to Executives of State-Owned Media.--
``(1) In general.--In the case of aliens who are executives
at a state-controlled media organization from the People's
Republic of China and are seeking classification under section
101(a)(15)(I), the visas may be refused to such aliens if any
United States media personnel were expelled, had visas denied,
or faced intimidation or violence in the course of working in
China in the prior fiscal year.
``(2) Visas to such aliens, in proportion to the
expulsions, visa denials or delays experienced by U.S.
journalists or media personnel working in China during the
prior fiscal year, may be refused or delayed.
``(3) For purposes of this subsection--
``(A) the term `state-controlled media worker from
the People's Republic of China' means a representative
of a media organization owned, operated, or controlled
by the People's Republic of China, including--
``(i) China Central Television;
``(ii) China Daily;
``(iii) China National Radio;
``(iv) China News Service;
``(v) China Radio International;
``(vi) China Youth Daily;
``(vii) Economic Daily;
``(viii) Global Times;
``(ix) Guangming Daily;
``(x) Legal Daily;
``(xi) Liberation Army Daily;
``(xii) People's Daily; or
``(xiii) Xinhua News Agency.
``(B) Revocation of certain visas; nonimmigrant
status.--Not later than 30 days after the date of the
enactment of this section, the President shall order
the revocation, delay, or refusal of a sufficient
number of visas already issued to executives of state-
controlled media organizations from the People's
Republic of China in proportion to the expulsions, visa
delays or denials, and intimidation experienced by
personnel from U.S. journalist or media personnel
organizations in the previous 12 months prior to the
Act's passage.
``(C) Reporting on restrictions on foreign media in
china.--The Department of State, in the Annual Country
Reports on Human Rights Conditions shall include
information and details on intimidation, travel
restrictions, visa denials and delays, and expulsions
of foreign media personnel from China and the censoring
and blocking of media corporations' Web sites within
China.
``(D) Sense of congress.--It is the sense of
Congress that restrictions on the activities of U.S.
journalists and media personnel in China and the
censorship and blockage of news media Web sites damages
the competitiveness of U.S. media corporations and
should be considered a restriction of trade and an
unfair competitive advantage benefitting Chinese
government-controlled media organizations. As such, the
U.S. Government should link to any bilateral investment
treaty, currently being negotiated, language that
guarantees fair treatment of journalists, a reciprocal
number of journalist visas, and free and unfettered
operation of news Web sites in China.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Ways and Means, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Ways and Means, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Ways and Means, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Ways and Means, 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.
Referred to the Subcommittee on Africa, Global Health, Global Human Rights and International Organizations.
Referred to the Subcommittee on Asia and the Pacific.
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Referred to the Subcommittee on Immigration and Border Security.