,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #bfba  ,,in ,,the ,,house ,,of  
,,representatives  ,june #b1 #bjae ,mr4 
,smith of ,new ,jersey 7for himself and 
,mr4 ,lipinski7 introduced the following
 bill2 which was referred to the        
,committee on ,foreign ,affairs1 and in 
addition to the ,committee on the       
,judiciary1 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 against 
individuals who are nationals of the    
,people's ,republic of ,china who are   
responsible for gross violations of     
internationally recognized human rights 
committed against other individuals 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      
#bjae4  #b4 ,definitions ,in this ,act3 
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 ,gross 
violations of internationally recognized
 human rights ,the term gross violations
 of internationally recognized human    
rights includes-- 7,a7 extrajudicial    
killings2  7,b7 torture or cruel1       
inhuman1 or degrading treatment or      
punishment2  7,c7 prolonged arbitrary   
detention1 causing the disappearance of 
individuals by the abduction and        
clandestine detention of those          

individuals2  7,d7 forced abortion or   
sterilization2  7,e7 psychiatric or     
medical experimentation or organ        
harvesting of individuals without       
consent or obtained in detention2 and   
7,f7 other flagrant denial of the right 
to life1 liberty1 or the security of an 
individual4  7#c7 ,united ,states person
 ,the term ,united ,states person       
means--  7,a7 a ,united ,states citizen 
or an alien lawfully admitted for       
permanent residence to the ,united      
,states2 or  7,b7 an entity organized   
under the laws of the ,united ,states or
 of any jurisdiction within the ,united 
,states1 including a foreign branch of  
such an entity4  #c4 ,authorization of  
sanctions for gross violations of       
internationally recognized human rights 
7a7 ,in general ,the ,president shall   
impose the sanctions described in       
subsection 7b7 with respect to an       
individual who is a national of the     
,people's ,republic of ,china the       
,president determines1 based on credible

 information--  7#a7 is responsible for 
gross violations of internationally     
recognized human rights committed       
against other individuals in the        
,people's ,republic of ,china1          
particularly those individuals who seek 
to obtain1 exercise1 defend1 or promote 
internationally recognized human rights 
and freedoms1 such as the freedoms of   
religion1 expression1 association1 and  
assembly1 and the rights to a fair trial
 and democratic elections2  7#b7 acted  
as an agent of or on behalf of another  
individual who is a national of the     
,people's ,republic of ,china in a      
matter relating to an activity described
 in paragraph 7#a72 or  7#c7 has        
materially assisted1 sponsored1 or      
provided financial1 material1 or        
technological support for1 or goods or  
services in support of1 an activity     
described in paragraph 7#a74  7b7       
,sanctions described ,the sanctions     
described in this subsection are the    
following3 7#a7 ,inadmissibility to     

united states  7,a7 ,in general         
,ineligibility of the individual to     
receive a visa to enter the ,united     
,states or to be admitted to the ,united
 ,states4  7,b7 ,revocation ,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 ,blocking of 
property  7,a7 ,in general ,the         
blocking1 in accordance with the        
,international ,emergency ,economic     
,powers ,act 7#ej ,u4,s4,c4 #agja et    
seq471 of all transactions in all       
property and interests in property of   
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  7,b7 ,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 section4
  7c7 ,regulatory authority ,the        
,president shall issue such regulations1
 licenses1 and orders as are necessary  
to carry out this section4  #d4 ,waiver 
authority and exception to comply with  
,united ,nations ,headquarters          
,agreement  7a7 ,waiver authority ,the  
,president may waive the application of 
sanctions under section #c with respect 
to an individual who is a national of   
the ,people's ,republic of ,china if the
 ,president--  7#a7 determines that such
 a waiver is in the national security   
interests of the ,united ,states2 and   
7#b7 not later than #cj days prior to   
granting such a waiver1 submits to the  
appropriate congressional committees    
notice of1 and a justification for1 the 
waiver4  7b7 ,exception ,to comply with 
,united ,nations ,headquarters          
,agreement ,sanctions under sections    
#c7;b77#a7 shall not apply to an        

individual who is a national of the     
,people's ,republic of ,china 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  #e4 ,termination of sanctions
 ,the ,president may terminate the      
application of sanctions under section  
#c with respect to an individual who is 
a national of the ,people's ,republic of
 ,china if the ,president determines and
 reports to the appropriate             
congressional committees not later than 
#ae days before the termination of the  
sanctions 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     
activity for which sanctions were       
imposed1 and has credibly committed to  
not engage in an activity described in  
section #c in the future4  #f4          
,establishment of ,china ,human ,rights 
,documentation ,center  7a7 ,in general 
,the ,secretary of ,state shall seek to 
provide for the establishment of and    
provide funding for an independent1     
nongovernmental organization1 to be     
referred to as the ,china ,human ,rights
 ,documentation ,center1 to--  7#a7     
compile1 publish1 and archive credible  
evidence of nationals of the ,people's  
,republic of ,china who commit gross    
violations of internationally recognized
 human rights against individuals in the
 ,people's ,republic of ,china2  7#b7   
receive evidence of such violations from

 nongovernmental organizations and      
governmental entities2  7#c7 establish  
an online and searchable database1 in   
,english and in ,chinese1 and establish 
other multi-media information platforms1
 in ,english and in ,chinese1 of        
credible evidence of such violations for
 research and educational purposes2 and 
7#d7 compile1 publish1 and archive      
credible evidence of individuals who are
 nationals of the ,people's ,republic of
 ,china who are engaged in--  7,a7      
censorship of the ,internet1            
restrictions on the freedom of          
expression1 the free flow of news and   
information1 and the silencing of       
peaceful dissent against government     
policy or practice2  7,b7 threats1      
surveillance1 censorship1 detention1    
beatings1 or the denials or delays of   
visas of ,united ,states or other       
foreign journalists working in ,china2  
7,c7 threats1 beatings1 surveillance1   
detention1 or threats to the loss of    
jobs or professional status made        

against--  7i7 individuals who are human
 rights lawyers seeking to represent    
clients detained in extra-legal         
detention centers2  7ii7 individuals    
considered by the ,united ,nations      
,working ,group on ,arbitrary ,detention
 to be detained arbitrarily in ,china1  
including ,tibetans1 ,uyghurs1 and      
individuals who are members of the      
,falun ,gong2  7iii7 individuals who are
 democracy1 labor1 environmental1 or    
free speech advocates2  7iv7 individuals
 who are petitioners or bloggers2  7v7  
individuals accused in governmental     
anti-corruption campaigns2 and  7vi7    
individuals from religious communities  
that are independent of                 
government-approved religious           
organizations2  7,d7 restrictions on the
 right to freedom of religion and the   
ability to exercise peaceful religious  
practice1 in public and private1        
independent of government restrictions  
or oversight of religious teachings or  
choice of religious leaders1            

particularly the arrest and detention of
 religious leaders1 the destruction of  
property or heavy fines1 and the        
patriotic education of religious        
leaders2  7,e7 implementing ,china's    
population control policies1 including  
through the coercive and persistent     
monitoring of fertility1 the issuing of 
heavy fines1 and threats made for the   
loss of employment or the denial of     
residency and other government benefits 
to children born beyond the             
government-prescribed limit2  7,f7      
profiting from or overseeing slave      
labor1 particularly in detention        
facilities1 or from sex or bride        
trafficking or those engaged in beating1
 threatening1 or detaining individuals  
seeking to disrupt trafficking in       
persons networks2  7,g7 profiting from  
the sale of organs harvested from an    
individual without consent or while an  
individual is in detention2  7,h7       
disrupting or prohibiting1 through      
violence1 intimidation1 discrimination1 

or threats1 attempts to organize        
independent trade unions or to engage in
 efforts of collective bargaining2 or   
7,i7 prosecuting1 sentencing1 or those  
involved in the continued detention of  
individuals determined by the ,united   
,nations ,working ,group on ,arbitrary  
,detention to have been detained        
arbitrarily4  7b7 ,authorization of     
appropriations ,of the funds authorized 
to be appropriated to the ,department of
 ,state for each fiscal year beginning  
after the date of the enactment of this 
,act1 such funds as may be necessary to 
carry out this section are authorized to
 be appropriated to carry out this      
section for such fiscal year4  7c7      
,regulatory authority ,the ,president   
shall issue such regulations1 licenses1 
and orders as are necessary to carry out
 this section4  #g4 ,use of credible    
evidence for sanctions determinations   
and reports ,in making determinations to
 impose sanctions under section #c and  
for purposes of preparing and submitting

 reports to ,congress under sections #h 
and #i1 the ,president should use any   
credible evidence--  7#a7 compiled and  
published by the ,china ,human ,rights  
,documentation ,center established under
 section #f2  7#b7 compiled and         
published by the ,department of ,state  
and other appropriate ,federal          
departments and agencies2 and  7#c7     
submitted to the ,president by the      
chairperson and ranking member of       
appropriate congressional committees4   
#h4 ,reports by ,president to ,congress 
7a7 ,report required  7#a7 ,in general  
,the ,president shall submit to the     
appropriate congressional committees on 
an annual basis a report that includes--
  7,a7 a list of individuals who are    
nationals of the ,people's ,republic of 
,china with respect to which the        
,president imposed sanctions pursuant to
 section #c during the calendar year    
preceding the submission of the report2 
7,b7 a description of the type of       
sanctions imposed with respect to each  

individual2  7,c7 the number of         
individuals with respect to which the   
,president imposed sanctions under      
section #c7;a7 during that year2  7,d7  
the dates on which such sanctions were  
imposed or terminated1 as the case may  
be2  7,e7 the reasons for imposing or   
terminating such sanctions2 and  7,f7 a 
description of the efforts of the       
,president to encourage the governments 
of other countries to impose sanctions  
that are similar to the sanctions       
authorized by section #c4  7#b7 ,dates  
for submission  7,a7 ,initial report    
,the ,president shall submit the initial
 report required by this subsection not 
later than #ahj days after the date of  
the enactment of this ,act4  7,b7       
,subsequent reports  7i7 ,in general    
,the ,president shall submit each       
subsequent report required by this      
subsection on ,december #aj1 or the     
first day thereafter on which both      
,houses of ,congress are in session1    
of--  7,i7 the calendar year in which   

the initial report is submitted if the  
initial report is submitted before      
,december #aj of such calendar year2 and
  7,,ii7 each subsequent calendar year4 
7ii7 ,congressional statement ,congress 
notes that ,december #aj of each        
calendar year has been recognized in the
 ,united ,states and internationally    
since #aiej as ,human ,rights ,day and  
thus the importance of ,december #aj of 
each calendar year as the date of       
submission of the subsequent reports    
required by this subsection4  7b7 ,form 
of report  7#a7 ,in general ,the report 
required by subsection 7a7 shall be     
submitted in unclassified form1 but may 
include a classified annex4  7#b7       
,exception ,the name of an individual   
who is a national of the ,people's      
,republic of ,china to be included in   
the list required by subsection 7a77#a7 
by reason of the imposition of sanctions
 pursuant to section #c may be submitted
 in the classified annex authorized by  
paragraph 7#a7 only if the ,president-- 

7,a7 determines that it is vital for the
 national security interests of the     
,united ,states to do so2 and  7,b7 uses
 the annex in a manner consistent with  
congressional intent and the purposes of
 this ,act4  7c7 ,public availability   
7#a7 ,in general ,the unclassified      
portion of the report required by       
subsection 7a7 shall be made available  
to the public1 including through        
publication in the ,federal ,register4  
7#b7 ,nonapplicability of               
confidentiality requirement with respect
 to visa records ,the ,president shall  
publish the list required by subsection 
7a77#a7 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   
#i4 ,report by ,comptroller ,general to 
,congress on implementation of this ,act
  7a7 ,in general ,not later than #a    

year after the date of submission of the
 initial report to ,congress under      
section #h1 the ,comptroller ,general of
 the ,united ,states shall submit to the
 appropriate congressional committees a 
report on the following3  7#a7 ,a       
description and assessment of the       
process-- 7,a7 to determine whether an  
individual who is a national of the     
,people's ,republic of ,china has       
engaged in an activity described in     
section #c and whether sanctions under  
section #c should be imposed with       
respect to the individual2  7,b7 to     
determine whether the identity of an    
individual who is a national of the     
,people's ,republic of ,china with      
respect to which the ,president has     
imposed sanctions pursuant to section #c
 should be classified2 and  7,c7 whether
 the inclusion of the identity of an    
individual who is a national of the     
,people's ,republic of ,china in the    
unclassified version of the report has  
had any noticeable positive benefits in 

curtailing gross violations of          
internationally recognized human rights 
in the ,people's ,republic of ,china4   
7#b7 ,an assessment of the              
implementation of this ,act4  7b7       
,consultation ,the ,comptroller ,general
 shall consult with the appropriate     
congressional committees and            
nongovernmental organizations for       
purposes of preparing the report        
required by subsection 7a74