Sanctioning and Highlighting Authoritarian Medicine and Eugenics Act of 2020 or the SHAME Act
This bill imposes sanctions on individuals and entities responsible for carrying out coercive policies to limit births in China's Xinjiang province.
Specifically, the Department of State shall annually report to Congress the identities of any Chinese government official or agency or any member of the Chinese Communist Party that knowingly orders, controls, or routinely carries out such coercive policies in Xinjiang, such as requiring involuntary abortions or mandatory contraception use. The State Department shall also publish a list of the named entities and individuals on its website in English and Mandarin Chinese.
The President shall impose property-blocking sanctions on the individuals and entities named in the report, as well as visa-blocking sanctions on the named individuals. An individual or entity that violates, attempts to violate, or conspires to violate the sanctions provided under this bill may be subject to civil and criminal penalties.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4799 Introduced in Senate (IS)]
<DOC>
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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