96 HR 6686 IH: Sanctioning Tyrannical and Oppressive People within the Chinese Communist Party Act
U.S. House of Representatives
2022-02-09
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EN
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I
117th CONGRESS
2d Session
H. R. 6686
IN THE HOUSE OF REPRESENTATIVES
February 9, 2022
Mrs. McClain (for herself, Mr. Wilson of South Carolina, Mr. Rogers of Alabama, Mr. Banks, Mr. Wenstrup, Mr. Buchanan, Mr. Clyde, Mr. Rodney Davis of Illinois, Mr. Gimenez, Ms. Herrell, Mr. Higgins of Louisiana, Mr. Johnson of Ohio, Mr. Lamborn, Mr. McKinley, Mrs. Miller of Illinois, Mrs. Miller-Meeks, Mr. Palazzo, Mr. Steube, Mr. Mann, Mrs. Cammack, Mr. Cawthorn, Mr. Stauber, Mr. Hern, and Mr. Babin) 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 provide for the imposition of sanctions on members of the National Communist Party Congress of the People’s Republic of China, and for other purposes.
1.

Short title
This Act may be cited as the “Sanctioning Tyrannical and Oppressive People within the Chinese Communist Party Act” or the “STOP CCP Act”.
2.

Findings
Congress finds the following:
(1)
The Hong Kong National Security Law promulgated on July 1, 2020—
(A)
contravenes the Basic Law of the Hong Kong Special Administrative Region that provides in Article 23 that the Legislative Council of Hong Kong shall enact legislation related to national security;
(B)
violates the People’s Republic of China’s commitments under international law, as defined by the Joint Declaration; and
(C)
causes severe and irreparable damage to the “one country, two systems” principle and further erodes global confidence in the People’s Republic of China’s commitment to international law.
(2)
Repression of ethnic Muslim minorities in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China has been ongoing, and was formalized with the “Strike Hard Campaign against Violent Terrorism” that began in 2014.
(3)
The mass internment of Uyghur and other Muslim ethnic minorities in the Xinjiang Uyghur Autonomous Region has been ongoing since April 2017.
(4)
The People’s Republic of China has conducted a targeted and systemic population-control campaign against ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region by imposing and implementing coercive population-control practices, including selectively enforcing birth quotas, targeting minority women who are in noncompliance with birth quotas, and subjecting women to coercive measures such as forced birth control, forced sterilization, and forced abortion.
(5)
On October 6, 2020, 39 countries delivered a cross-regional joint statement to the United States Mission to the United Nations on the human rights abuses on Uyghurs and other minorities for forced birth control including sterilization.
(6)
On January 19, 2021, the Department of State determined that the People’s Republic of China committed crimes against humanity and genocide against Uyghurs and other ethnic and religious minority groups in the Xinjiang Uyghur Autonomous Region, citing forced sterilizations, forced abortions, coerced marriages, and separation of Uyghur children from their families.
(7)
The Department of State’s 2020 Country Reports on Human Rights Practices affirmed the genocide determination and noted coercive population control measures inflicted on ethnic and religious minority women in China, including forced injections with “drugs that cause temporary or permanent end to their menstrual cycles and fertility”.
(8)
The United States ratified the United Nations Convention on the Prevention and Punishment of Genocide in 1988, recognizing that “imposing measures intended to prevent births within the group” with intent to destroy a group in whole or part is an act that constitutes genocide.
(9)
Taiwan is a free and prosperous democracy of nearly 24,000,000 people and an important contributor to peace and stability around the world.
(10)
Section 2(b) of the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301(b)) states that it is the policy of the United States—
(A)
“to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area”;
(B)
“to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern”;
(C)
“to make clear that the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means”;
(D)
“to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States”;
(E)
“to provide Taiwan with arms of a defensive character”; and
(F)
“to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan”.
(11)
Since the election of President Tsai Ing-wen as President of Taiwan in 2016, the Government of the People’s Republic of China has intensified its efforts to pressure Taiwan through diplomatic isolation and military provocations.
(12)
The rapid modernization of the People’s Liberation Army and recent military maneuvers in and around the Taiwan Strait illustrate a clear threat to Taiwan’s security.
3.

Sense of Congress
It is the sense of Congress that the Chinese Communist Party, led by General Secretary Xi Jinping, has committed numerous human rights violations against the people of Hong Kong and the people of Taiwan, as well as genocide against Uyghur Muslims in the Xinjiang Uyghur Autonomous Region.
4.

Imposition of sanctions on members of the National Communist Party Congress of the People’s Republic of China
(a)

In general
Not later than 30 days after the date of the enactment of this Act, the President shall impose sanctions under subsection (b) with respect to—
(1)
a person who is or was a member of any National Communist Party Congress of the People’s Republic of China; and
(2)
any person who is an adult family member, including a spouse or adult family member, of a person described in paragraph (1).
(b)

Sanctions described
(1)

In general
The sanctions described in this subsection are the following:
(A)

Blocking of property
The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the person 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)

Visas, admission, or parole
An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity 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.).
(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 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 described in clause (i) regardless of when the visa or other entry documentation is 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)

Exceptions
(A)

United Nations headquarters agreement
The sanctions described under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien 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.
(B)

Exception for intelligence, law enforcement, and national security activities
Sanctions under paragraph (1) shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(C)

Exception relating to importation of goods
(i)

In general
Notwithstanding any other provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(ii)

Good defined
In this subparagraph, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(c)

Penalties
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section or the sanctions imposed pursuant to this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(d)

Implementation authority
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)

Regulatory authority
The President shall, not later than 30 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section.
(f)

Waiver
The President shall have the authority to waive the sanctions required by subsection (a) for renewable periods of 30 days, if the President provides a written certification to the appropriate congressional committees, which shall also be made publicly available on a website maintained by the Federal Government, that the People’s Republic of China and the Chinese Communist Party have—
(1)
ceased the genocide of the Uyghur Muslim population, including verifiably shutting down all internment camps of Uyghurs and ending the practice of facilitating or supporting Uyghur forced labor and forced sterilization;
(2)
ceased all forms of threats, military exercises, and aggression toward Taiwan, including through verifiably, and for at least a period of one year, having not conducted any breach of Taiwan’s air space, territorial waters, or land mass, by any military or intelligence personnel associated with the People’s Republic of China or the Chinese Communist Party, or any agent or instrumentality thereof;
(3)
ceased the undermining of the autonomy of Hong Kong, including through respecting the terms of the Sino-British Joint Declaration, and reversing all steps taken to interfere with the democratic process and governance of Hong Kong; and
(4)
ceased efforts to steal the intellectual property of United States persons.
(g)

Sunset of waiver and license authorities
The President’s authority to issue waivers or licenses with respect to sanctions required by subsection (a) or pursuant to sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) with regard to sanctions required by subsection (a) shall cease to apply beginning on the date that is 2 years after the date of enactment of this Act.