,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ecgi ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjad ,mr4 ,smith of ,new ,jersey introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,financial ,services1 the ,judiciary1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to impose sanctions on individuals that are responsible for the commission of serious and ongoing violations of human rights or gross violations of human rights against nationals of the ,people's ,republic of ,china or their family members1 to protect universal freedoms in the ,people's ,republic of ,china1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,china ,human ,rights ,protection ,act of #bjad4 #b4 ,imposition of sanctions on individuals responsible for commission of serious and ongoing violations of human rights or gross violations of human rights against nationals of the ,people's ,republic of ,china or their family members 7a7 ,in general ,except as provided in subsection 7e71 the ,president shall-- 7#a7 impose sanctions described in paragraph 7#a77;,a7 of subsection 7c7 and paragraph 7#b7 of such subsection 7as applicable7 with respect to each individual on the list required by subsection 7b77#a72 and 7#b7 impose sanctions described in subparagraphs 7,a7 and 7,b7 of subsection 7c77#a7 with respect to each individual on the list required by subsection 7b77#b74 7b7 ,lists required 7#a7 ,individuals responsible for commission of serious and ongoing violations of human rights ,not later than #abj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of individuals that the ,president determines are responsible for or complicit in1 or responsible for directing1 the commission of serious and ongoing violations of human rights against nationals of the ,people's ,republic of ,china or their family members1 regardless of whether such abuses occurred in ,china4 7#b7 ,individuals responsible for gross violations of human rights ,not later than #abj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of individuals that the ,president determines-- 7,a7 are responsible for or complicit in1 or responsible for directing1 the commission of gross violations of human rights against nationals of the ,people's ,republic of ,china or their family members1 regardless of whether such abuses occurred in ,china2 or 7,b7 have benefitted materially or financially from the commission of serious and ongoing violations of human rights described in paragraph 7#a7 or the commission of gross violations of human rights described in subparagraph 7,a74 7#c7 ,updates of lists ,the ,president shall submit to the appropriate congressional committees updated lists under paragraphs 7#a7 and 7#b7-- 7,a7 not less frequently than on annual basis2 and 7,b7 as new information becomes available4 7#d7 ,form2 public availability 7,a7 ,form ,the lists required by paragraphs 7#a7 and 7#b7 shall be submitted in unclassified form but may contain a classified annex4 7,b7 ,public availability ,the unclassified portion of the lists required by paragraphs 7#a7 and 7#b7 shall be made available to the public and published in the ,federal ,register4 7#e7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the lists required by paragraphs 7#a7 and 7#b7 without regard to the requirements of section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states4 7c7 ,sanctions described 7#a7 ,in general ,the sanctions described in this paragraph are the following3 7,a7 ,prohibition on entry and admission to the ,united ,states ,in the case of an individual whose name appears on the list required by paragraph 7#a7 or 7#b7 of subsection 7b7-- 7i7 ineligibility to receive a visa to enter the ,united ,states or to be admitted to the ,united ,states2 or 7ii7 if the individual has been issued a visa or other documentation1 revocation1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of the visa or other documentation4 7,b7 ,financial sanctions 7i7 ,in general ,in the case of an individual whose name appears on the list required by subsection 7b77#b71 the ,president shall impose sanctions authorized pursuant to section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 with respect to the individual1 including blocking of the property of1 and restricting or prohibiting financial transactions and the exportation and importation of property ,act by1 the individual if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7ii7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this subparagraph4 7#b7 ,additional sanctions ,the sanctions described in this paragraph are the following3 7,a7 ,individuals on list for two consecutive years ,in the case of an individual whose name appears on the list required by subsection 7b77#a7 for two consecutive years but does not appear on the list required by subsection 7b77#b7 for such two consecutive years1 the individual and any immediate family member of the individual shall be ineligible to participate in or receive any benefit from any program1 project1 or activity that is funded by the ,united ,states ,government4 7,b7 ,individuals on list for three consecutive years 7i7 ,in general ,in the case of an individual whose name appears on the list required by subsection 7b77#a7 for three consecutive years but does not appear on the list required by subsection 7b77#b7 for such three consecutive years1 the ,president shall impose sanctions authorized pursuant to section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 with respect to the individual1 including blocking of the property of1 and restricting or prohibiting financial transactions and the exportation and importation of property ,act by1 the individual if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7ii7 ,inapplicability of national emergency requirement ,the requirements of section #bjb of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja7 shall not apply for purposes of this subparagraph4 7,c7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this paragraph4 7d7 ,requests by ,chairperson and ,ranking ,member of ,appropriate ,congressional ,committees ,not later than #abj days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether an individual has engaged in an activity described in subsection 7b77#a7 or subsection 7b77#b77;,a7 or meets the requirements of subparagraph 7,b7 of subsection 7b77#b71 the ,president shall-- 7#a7 determine if that individual has engaged in such an activity or meets such requirements2 and 7#b7 submit to the chairperson and ranking member of that committee a report with respect to that determination that includes-- 7,a7 a statement of whether or not the ,president imposed or intends to impose sanctions with respect to the individual2 and 7,b7 if the ,president imposed or intends to impose sanctions1 a description of those sanctions4 7e7 ,exception ,to comply with ,united ,nations ,headquarters ,agreement 7#a7 ,in general ,sanctions under paragraph 7#a7 or 7#b7 of subsection 7c7 shall not apply to an individual if admitting the individual into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7#b7 ,notification ,the ,president shall submit to the appropriate congressional committees a notification that paragraph 7#a7 applies to an individual prior to the application of paragraph 7#a7 to the individual4 7f7 ,termination of sanctions ,the ,president may terminate the application of sanctions under subsection 7c7 with respect to an individual if the ,president determines and reports to the appropriate congressional committees on the day the individual is removed from the list that-- 7#a7 credible information exists that the individual did not engage in the activity for which sanctions were imposed2 7#b7 the individual has been prosecuted appropriately for the activity for which sanctions were imposed2 or 7#c7 the individual has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activities for which sanctions were imposed1 and has credibly committed to not engage in an activity described in subparagraph 7,a7 or 7,b7 of subsection 7b77#a7 or meets the requirements of subparagraph 7,c7 of subsection 7b77#a74 7g7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate4 7#b7 ,human rights definitions 7,a7 ,gross violations of human rights ,the term gross violations of human rights means1 with respect to an individual1 the act of torture1 forced disappearance1 extra-judicial killing1 rape1 prolonged and harsh detention1 forced abortion or sterilization1 or other severe and ongoing deprivations of individual liberty1 including psychiatric or medical experimentation or organ harvesting of the individual detained for exercising internationally guaranteed human rights4 7,b7 ,serious and ongoing violations of human rights ,the term serious and ongoing violations of human rights means1 with respect to an individual1 violations of freedom of expression or ,internet censorship1 freedom of religion1 freedom of assembly and association1 or the right of due process such that the individual is not able to engage freely in such activities without fear of arrest1 intimidation1 arbitrary detention1 property destruction or confiscation1 heavy fines1 or loss of jobs or professional status4 7#c7 ,united states person ,the term ,united ,states person means-- 7,a7 a natural person who is a citizen of the ,united ,states or who owes permanent allegiance to the ,united ,states2 and 7,b7 a corporation or other legal entity which is organized under the laws of the ,united ,states1 any ,state or territory thereof1 or the ,district of ,columbia1 if natural persons described in subparagraph 7,a7 own1 directly or indirectly1 more than #ej percent of the outstanding capital stock or other beneficial interest in such legal entity4 #c4 ,escalating sanctions for individuals who commit ongoing and serious abuses of internationally recognized human rights against ,chinese nationals or their families 7a7 ,in general ,any individual who remains on the list created by section #b7;b77#a77;,a7 for #b consecutive years1 and is not specially identified for committing or being responsible for committing gross violations of internationally recognized human rights1 shall incur additional penalties or sanctions1 including the following3 7#a7 ,such individuals and their immediate family members shall be denied from engaging or benefitting from any ,federal program or institution4 7#b7 ,the ,president shall require that the individuals on list under section #b7;b77#a77;,a71 and their immediate family members1 shall not engage in or benefit from any ,federal program or institution4 7#c7 ,the ,president shall order the removal individuals on the list under section #b7;b77#a77;,a7 and their immediate family members from any ,federal program or institution4 7#d7 ,the ,president shall submit to the appropriate congressional committee not later than the last day of each fiscal year1 a list of the family members denied from engaging in or benefitting from any ,federal program or institution4 7#e7 ,exceptions to this section may include those family members who are known to have publicly disavowed the human rights abuses of individuals found on the list created by section #b7;b77#a77;,a7 and those1 who are enrolled in said ,federal program or institutions1 on the day before the list described in this section is submitted to ,congress4 7b7 ,continuing offenders ,any individual who remains on the list created by section 7#b77;b77#a77;,a7 for three consecutive years1 and is not already specially identified for committing or being responsible for committing gross violations of internationally recognized human rights1 shall incur additional penalties or sanctions such as3 7#a7 ,financial sanctions ,the ,president shall impose sanctions authorized pursuant to section #bjc of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb7 with respect to an individual whose name appears on the list required by section #b7;b77#a71 in including blocking of the property of1 and restricting or prohibiting financial transactions and the exportation and importation of property ,act if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,waiver ,the ,president may waive the application of this subsection for the same reasons stated in section #b7;e7 above4 7c7 ,enforcement 7#a7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or section #b7;c7 or #b7;d7 above or any regulation1 license1 or order issued to carry out said sections shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits gross violations of internationally recognized human rights4 7#b7 ,requirements for financial institutions ,not later than #abj days after the date of the enactment of this ,act1 the ,president shall prescribe regulations requiring each financial institution that is a ,united ,states person and has within its possession or control assets that are property or interests in property of a foreign person on the lists required by section #b7;b77#a77;,b7 and those later identified in section #c7;b7 to certify to the ,president that1 to the best of the knowledge of the financial institution1 the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen4 7d7 ,regulatory authority ,the ,secretary of the ,treasury shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 7e7 ,definition ,in this section1 the term ,federal program or institution means any program or institution that receives funds from the ,federal ,government4 #d4 ,to further protect the internationally recognized right of free expression1 ensure the free flow of information1 and protect foreign journalists and media personnel in china 7a7 ,limitation on ,i-,visas ,section #aja7;a77#ae77;,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,i77 is amended by inserting subject to section #bad7s71 before upon a basis4 7b7 ,restrictions on visas to executives of state-,owned media ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,restrictions on visas to executives of state-,owned media 7#a7 ,in general ,in the case of aliens who are executives at a state-controlled media organization from the ,people's ,republic of ,china and are seeking classification under section #aja7;a77#ae77;,i71 the visas may be refused to such aliens if any ,united ,states media personnel were expelled1 had visas denied1 or faced intimidation or violence in the course of working in ,china in the prior fiscal year4 7#b7 ,visas to such aliens1 in proportion to the expulsions1 visa denials or delays experienced by ,u4,s4 journalists or media personnel working in ,china during the prior fiscal year1 may be refused or delayed4 7#c7 ,for purposes of this subsection-- 7,a7 the term state-controlled media worker from the ,people's ,republic of ,china means a representative of a media organization owned1 operated1 or controlled by the ,people's ,republic of ,china1 including-- 7i7 ,china ,central ,television2 7ii7 ,china ,daily2 7iii7 ,china ,national ,radio2 7iv7 ,china ,news ,service2 7v7 ,china ,radio ,international2 7vi7 ,china ,youth ,daily2 7vii7 ,economic ,daily2 7viii7 ,global ,times2 7ix7 ,guangming ,daily2 7x7 ,legal ,daily2 7xi7 ,liberation ,army ,daily2 7xii7 ,people's ,daily2 or 7xiii7 ,xinhua ,news ,agency4 7,b7 ,revocation of certain visas2 nonimmigrant status ,not later than #cj days after the date of the enactment of this section1 the ,president shall order the revocation1 delay1 or refusal of a sufficient number of visas already issued to executives of state-controlled media organizations from the ,people's ,republic of ,china in proportion to the expulsions1 visa delays or denials1 and intimidation experienced by personnel from ,u4,s4 journalist or media personnel organizations in the previous #ab months prior to the ,act's passage4 7,c7 ,reporting on restrictions on foreign media in china ,the ,department of ,state1 in the ,annual ,country ,reports on ,human ,rights ,conditions shall include information and details on intimidation1 travel restrictions1 visa denials and delays1 and expulsions of foreign media personnel from ,china and the censoring and blocking of media corporations' ,web sites within ,china4 7,d7 ,sense of ,congress ,it is the sense of ,congress that restrictions on the activities of ,u4,s4 journalists and media personnel in ,china and the censorship and blockage of news media ,web sites damages the competitiveness of ,u4,s4 media corporations and should be considered a restriction of trade and an unfair competitive advantage benefitting ,chinese government-controlled media organizations4 ,as such1 the ,u4,s4 ,government should link to any bilateral investment treaty1 currently being negotiated1 language that guarantees fair treatment of journalists1 a reciprocal number of journalist visas1 and free and unfettered operation of news ,web sites in ,china4 4