[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3334 Engrossed in House (EH)]
<DOC>
118th CONGRESS
2d Session
H. R. 3334
_______________________________________________________________________
AN ACT
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.
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 Tyrannical and
Oppressive People within the Chinese Communist Party Act'' or the
``STOP CCP Act''.
SEC. 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.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that members of the Chinese Communist
Party, led by General Secretary Xi Jinping, are responsible for
violations of Hong Kong's autonomy, increased aggression against the
people of Taiwan, numerous human rights violations against the people
of Hong Kong and the people of Taiwan, and acts of repression and
genocide against Uyghur Muslims in the Xinjiang Uyghur Autonomous
Region.
SEC. 4. IMPOSITION OF SANCTIONS ON MEMBERS OF THE CENTRAL COMMITTEE OF
THE CHINESE COMMUNIST PARTY.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President shall impose the sanctions
described in subsection (c) with respect to--
(1) each person who is a member of the Central Committee of
the Chinese Communist Party, including alternate members
thereof, that the President determines engages in the conduct
described in subsection (b);
(2) each person who is a member of any successor
organization of the Central Committee of the Chinese Communist
Party that the President determines engages in the conduct
described in subsection (b), in the event that the Central
Committee is dissolved;
(3) each person who is an adult family member, including a
spouse or an adult family member of the spouse, of a person
described in paragraph (1) or paragraph (2); and
(4) each person the President determines is a Chinese
state-owned enterprise--
(A) illegally manufacturing or distributing
fentanyl; or
(B) knowingly or intentionally manufacturing or
distributing fentanyl precursor chemicals to be used in
the illegal production or distribution of fentanyl.
(b) Sanctionable Conduct.--A person engages in the conduct
described by this subsection if the person plays a significant role in
the development or implementation of government policies or laws that
the President determines appear designed to--
(1) violate the autonomy of Hong Kong;
(2) harass, intimidate, or result in increased aggression
towards the people of Taiwan;
(3) contribute to political oppression or violation of
human rights of individuals or societal groups within the
People's Republic of China, including Uyghur Muslims; or
(4) willfully and knowingly engage in malicious activities,
including online disinformation campaigns and propaganda, for
the purpose of interfering with United States Federal, State,
or local elections.
(c) 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,
is 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 in 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.
(d) 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.
(e) 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.
(f) 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.
(g) Waiver.--The President may, for one or more periods of not more
than 60 days each, waive the application of sanctions or restrictions
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 takes effect, that the waiver is
vital to the national security interests of the United States.
(h) Termination.--The President may terminate any sanctions imposed
under subsection (a) not fewer than 15 days after the date on which the
President provides a written certification to the appropriate
congressional committees, and concurrently publishes on a publicly
available website of the Federal Government, that--
(1) the People's Republic of China and the Chinese
Communist Party have--
(A) 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;
(B) ceased all forms of oppression of the Tibetan
people, including those significant human rights abuses
detailed in the Tibet section of the Department of
State's 2023 Country Reports on Human Rights Practices;
(C) 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 agency or instrumentality thereof;
(D) 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
(E) ceased efforts to steal the intellectual
property of United States persons; or
(2) the sanctioned person has--
(A) if the person is described in any of paragraphs
(1) through (3) of subsection (a)--
(i) affirmatively renounced membership in
the Chinese Communist Party; and
(ii) taken affirmative steps to denounce or
remediate the conduct forming the basis for
imposition of the sanction; or
(B) if the person is described in paragraph (4) of
subsection (a), taken affirmative steps to cease the
manufacture and distribution of fentanyl or any
precursor chemical known or intended to be used in the
illegal production or distribution of fentanyl.
(i) Sunset of Waiver and License Authorities.--The President's
authority to issue waivers or licenses with respect to sanctions
required by subsection (a), including pursuant to sections 203 and 205
of the International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704), shall terminate on the date that is 2 years after the date of
the enactment of this Act.
(j) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, 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.
(k) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
Passed the House of Representatives September 25, 2024.
Attest:
Clerk.
118th CONGRESS
2d Session
H. R. 3334
_______________________________________________________________________
AN ACT
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.