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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7608 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7608
To impose sanctions with respect to persons that operate in a sector of
the People's Republic of China's economy in which the person has
engaged in a pattern of significant theft of the intellectual property
of a United States person, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2024
Mr. Curtis 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 impose sanctions with respect to persons that operate in a sector of
the People's Republic of China's economy in which the person has
engaged in a pattern of significant theft of the intellectual property
of a United States person, 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 ``Combatting China's Pilfering of
Intellectual Property Act'' or the ``CCP IP Act''.
SEC. 2. IMPOSITION OF SANCTIONS RELATED TO THE THEFT OF INTELLECTUAL
PROPERTY.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to each person described in subsection
(c) the President determines, on or after the date of enactment of this
Act, operates in a sector of the People's Republic of China's economy
in which the person--
(1) has engaged in a pattern of significant theft of the
intellectual property of a United States person; or
(2) has received the intellectual property of a United
States person through a pattern of significant theft engaged in
by other persons.
(b) Sanctions Imposed.--The sanctions described in this subsection
are the following:
(1) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests in
property of a person described in subsection (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.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien who the
Secretary of State or the Secretary of Homeland
Security (or a designee of one of such
Secretaries) determines is described in
subsection (a), regardless of when the visa or
other documentation is issued.
(ii) Effect of revocation.--A revocation
under clause (i) shall take effect immediately
and shall automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(c) Persons Described.--A person described in this section is one
of the following:
(1) An individual who--
(A) is a national of the People's Republic of China
or acting at the direction of a national or entity of
the People's Republic of China; and
(B) is not a United States person.
(2) An entity that is--
(A) organized under the laws of the People's
Republic of China or of any jurisdiction within the
People's Republic of China;
(B) owned or controlled by individuals who are
nationals of the People's Republic of China; or
(C) owned or controlled by an entity described in
subparagraph (A) and is not a United States person.
(d) Penalties; Implementation.--
(1) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) 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.
(2) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out this
section.
(e) Waiver.--The President may waive the imposition of sanctions
under subsection (a) on a case-by-case basis with respect to a person
if the President--
(1) certifies to the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of Representatives and
the Committee on Foreign Relations and the Committee on the
Judiciary of the Senate that such waiver is in the national
security interests of the United States; and
(2) includes a justification for such certification.
(f) Termination of Sanctions.--The President may terminate
sanctions imposed under subsection (a) with respect to a person if the
President certifies to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
that such person is no longer engaging in efforts to steal United
States intellectual property.
(g) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report that specifies each person the
President determines meets the criteria described in subsection (a) for
the imposition of sanctions.
(h) Definitions.--In this section--
(1) the terms ``admitted'' and ``alien'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101); and
(2) the term ``United States person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States; or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States.
SEC. 3. RESTRICTION ON ISSUANCE OF VISAS.
(a) Restriction.--The Secretary of State may not issue a visa to,
and the Secretary of Homeland Security shall deny entry to the United
States of, each of the following:
(1) Senior officials in the Chinese Communist Party,
including the Politburo, the Central Committee, and each
delegate to the 19th National Congress of the Chinese Communist
Party.
(2) The spouses and children of the senior officials
described in paragraph (1).
(3) Members of the cabinet of the Government of the
People's Republic of China.
(4) Active duty members of the People's Liberation Army of
China.
(b) Applicability.--The restriction under subsection (a) shall not
apply for any year in which the Director of National Intelligence
certifies to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate that
the Government of the People's Republic of China has ceased sponsoring,
funding, facilitating, and actively working to support efforts to
infringe on the intellectual property rights of citizens and companies
of the United States.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report that--
(1) details the efficacy of visa screening mechanisms to
mitigate intellectual property theft by the People's Republic
of China; and
(2) includes a list of research institutions associated
with the People's Liberation Army and the Ministry of State
Security of the People's Republic of China.
<all>
Introduced in House
Introduced in House
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.
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.
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