[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 429 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 429
To impose sanctions with respect to foreign persons that knowingly
spread malign disinformation as part of or on behalf of a foreign
government or political party for purposes of political warfare and to
require a determination regarding the United Front Work Department of
the Chinese Communist Party.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2021
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to foreign persons that knowingly
spread malign disinformation as part of or on behalf of a foreign
government or political party for purposes of political warfare and to
require a determination regarding the United Front Work Department of
the Chinese Communist Party.
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 ``Countering Chinese Propaganda Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The U.S.-China Economic and Security Review Commission
has noted that ``China uses what it calls United Front [Work
Department] of the Chinese Communist Party to co-opt and
neutralize sources of potential opposition to the policies and
authority of its ruling Chinese Communist Party (CCP)''.
(2) In 1939, Chinese leader Mao Zedong hailed the United
Front Work Department as a ``magic weapon'' in the victory of
the communist revolution along with ``armed struggle''.
(3) Chinese President Xi Jinping has also referred to the
United Front Work Department with those words and given it a
key role in what he calls achieving the People's Republic of
China's national rejuvenation.
(4) According to a report by Alex Joske formerly of the
Australian Strategic Policy Institute, the United Front Work
Department has doubled in size since 2015.
(5) The United Front Work Department is involved in
espionage campaigns, political warfare efforts, malign
disinformation, utilizing the Chinese diaspora abroad, and
infiltration of educational institutions all with the goal of
softening opposition to the Chinese Communist Party and its
policies throughout the world.
(6) The United Front Work Department played a seminal role
in coordinating multifaceted disinformation campaigns to blame
the United States for the spread of the Coronavirus Disease
2019 (commonly referred to as ``COVID-19'') pandemic and
coverup the People's Republic of China's negligent response to
the pandemic.
(7) An investigation by ProPublica released on March 26,
2020, found that the United Front Work Department was connected
to a network of fake and hijacked Twitter accounts that were
covertly spreading Chinese Government propaganda about COVID-19
to global audiences.
(8) The United Front Work Department utilized Chinese
diaspora community associations under its control to purchase
personal protective equipment as the COVID-19 outbreak troubled
China from mid-January 2020 on.
(9) In February 2020, The Global Times, a site run by the
Chinese Communist Party's People's Daily newspaper, alleged
that COVID-19 was brought to the People's Republic of China
from a United States military base during the World Games.
(10) As Sheridan Prasso of Bloomberg has reported, the
United Front Work Department has actively worked to undermine
democracy in Hong Kong under the umbrella of the People's
Republic of China's State Council's Liaison Office by spreading
disinformation and activating a network of media outlets, and
diaspora organizations and pressuring businesses in the city to
support the People's Republic of China's national security
laws.
(11) The United Front Work Department has played an
integral role in the People's Republic of China's war on
religion by leading efforts to publish a new edition of the
Bible with Chinese Communist characteristics, actively running
internment camps and carrying out anti-religion campaigns
against Uyghur Muslims in Xinjiang and severe religious
repression of Buddhists in Tibet.
(12) Recognizing the threat of the United Front Work
Department, on December 4, 2020, former Secretary of State Mike
Pompeo imposed visa restrictions on individuals activated in
United Front Work Department activities under section
212(a)(3)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(C)). Furthermore, on January 15, 2021, the
Department of the Treasury imposed sanctions on You Quan, the
head of the United Front Work Department of the Central
Committee of the Chinese Communist Party, placing him on the
list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control for his role
in the crackdown on pro-democracy protesters in Hong Kong.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
KNOWINGLY SPREAD MALIGN DISINFORMATION AS PART OF OR ON
BEHALF OF A FOREIGN GOVERNMENT OR POLITICAL PARTY FOR
PURPOSES OF POLITICAL WARFARE.
(a) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (b) with respect to any foreign
person that the President determines knowingly commits a significant
act of malign disinformation on behalf of the government of a foreign
country or foreign political party that has the direct purpose or
effect of influencing political, diplomatic, or educational activities
in the United States for the purpose of harming--
(1) the national security or defense of the United States;
or
(2) the safety and security of any United States citizen or
alien lawfully admitted for permanent residence.
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
with respect to a foreign person determined by the President to
be subject to subsection (a) are the following:
(A) Asset blocking.--The President shall 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 property and interests in
property of the foreign 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) Inadmissibility of certain individuals.--
(i) Ineligibility for visas, admission, or
parole.--In the case of a foreign person who is
an individual, the foreign person 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.--In the case of a
foreign person who is an individual,
the visa or other documentation issued
to the person shall be revoked,
regardless of when such visa or other
documentation is or was issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall--
(aa) take effect
immediately; and
(bb) automatically cancel
any other valid visa or entry
documentation that is in the
person's possession.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out paragraph
(1)(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.
(3) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
a foreign person who is an individual if admitting the person
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.
(c) Waiver.--The President may, on a case-by-case basis and for
periods not to exceed 180 days, waive the application of sanctions
imposed with respect to a foreign person under this section if the
President certifies to the appropriate congressional committees not
later than 15 days before such waiver is to take effect that the waiver
is vital to the national security interests of the United States.
(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.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall promulgate such
regulations as are necessary for the implementation of this
section.
(2) Notification to congress.--Not less than 10 days before
the promulgation of regulations under paragraph (1), the
President shall notify and provide to the appropriate
congressional committees the proposed regulations and an
identification of the provisions of this section that the
regulations are implementing.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Ways and Means, and
the Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, the Committee on Finance,
and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Person.--The term ``person'' means an individual or
entity.
(6) Property; interest in property.--The terms ``property''
and ``interest in property'' have the meanings given the terms
``property'' and ``property interest'', respectively, in
section 576.312 of title 31, Code of Federal Regulations, as in
effect on the day before the date of the enactment of this Act.
(7) United states person.--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;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
(g) Sunset.--
(1) In general.--This section shall cease to be effective
beginning on January 1, 2025.
(2) Inapplicability.--Paragraph (1) shall not apply with
respect to sanctions imposed with respect to a foreign person
under this section before January 1, 2025.
SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSITION OF SANCTIONS ON
THE UNITED FRONT WORK DEPARTMENT OF THE CHINESE COMMUNIST
PARTY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a determination, including a
detailed justification, on whether the United Front Work Department of
the Chinese Communist Party, or any component or official thereof,
meets the criteria for the application of sanctions pursuant to--
(1) section 3 of this Act;
(2) section 1263 of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note);
(3) section 6 of the Uyghur Human Rights Policy Act of 2020
(Public Law 116-145; 22 U.S.C. 6901 note); or
(4) Executive Order 13694 (50 U.S.C. 1701 note; relating to
blocking property of certain persons engaged in significant
malicious cyber-enabled activities).
(b) Form.--The determination required by subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate.
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