[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1138 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1138
To revoke or deny visas to Chinese officials involved in the
formulation or execution of a policy that prevents innocent United
States citizens from leaving China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15, 2021
Mr. Markey (for himself, Ms. Warren, Mr. Rubio, and Mr. Van Hollen)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To revoke or deny visas to Chinese officials involved in the
formulation or execution of a policy that prevents innocent United
States citizens from leaving 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 ``Ending China's Exit Ban for American
Citizens Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(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.
SEC. 3. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility 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)).
(b) Termination of Visa Ineligibility.--
(1) In general.--The Secretary of State may terminate visa
ineligibility under subsection (a) with respect to an
individual if the Secretary of State makes a determination
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 that subsection 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.
(c) 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 (b)(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 (a) 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 (a); 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'').
(d) Waiver for National Interest.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) 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 (b)(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.
<all>