,,ii #aafth ,,congress #b;d ,session ,s4 #caig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ae1 #bjbj,mr4 ,markey 7for himself1 ,ms4 ,warren1 ,mr4 ,van ,hollen1 and ,mr4 ,rubio7 introduced the following bill2 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 ,china4 #a4 ,short title ,this ,act may be cited as the ,ending ,china's ,exit ,ban for ,american ,citizens ,act of #bjbj4 #b4 ,findings ,congress finds the following3 7#a7 ,according to the ,integrated ,country ,strategy for the ,united ,states ,mission to ,china1 released on ,august #bi1 #bjah-- 7,a7 ,chinese law enforcement and security services employ extra-judicial means against ,u4,s4 citizens without regard to international norms2 and 7,b7 exit bans are sometimes used to prevent ,u4,s4 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 ,states4 7#b7 ,the ,government of ,china has imposed exit bans on ,united ,states citizens in the context of criminal charges and private commercial disputes4 7#c7 ,imposing exit bans on foreign nationals is authorized by ,article #bh of the ,exit and ,entry ,administration ,law of the ,people's ,republic of ,china1 which-- 7,a7 lists the circumstances under which foreigners shall not be allowed to exit ,china1 including other circumstances in which exit shall not be allowed in accordance with laws or administrative regulations2 and 7,b7 assigns responsibility for administering exit_/entry matters to the ,ministry of ,public ,security and the ,ministry of ,foreign ,affairs1 with public security organs responsible for administering the stay and residence of foreigners44 7#d7 ,such exit bans against ,united ,states citizens may violate ,article #ce of the ,consular ,convention ,between the ,united ,states of ,america and the ,people's ,republic of ,china1 done at ,washington ,september #ag1 #aihj1 which states that-- 7,a7 if a ,united ,states national is placed under any form of detention1 the ,government of ,china shall notify the ,united ,states consulate within #d days2 and 7,b7 a ,united ,states consular officer is entitled to be informed of the reasons for which said national has been arrested or detained in any manner44 7#e7 ,such exit bans may also violate ,article #cf of the ,vienna ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and in effect in ,china as of ,august #a1 #aigi1 which requires the ,government of ,china to without delay1 inform the consular post of the sending ,state if1 within its consular district1 a national of that ,state ''' is detained in any other manner44 7#f7 ,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 ban1 ,chinese authorities provide very little information to the ,united ,states citizen1 or to ,united ,states consular officials regarding-- 7,a7 the nature of the ban2 7,b7 which ,chinese government entity is responsible for the ban2 and 7,c7 what procedures must be followed to resolve the dispute related to the ban4 7#g7 ,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 law4 #c4 ,inadmissibility of certain aliens 7a7 ,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 prosecution1 to compel ,united ,states citizens to participate in ,chinese government investigations1 or to aid the ,government of ,china in resolving civil disputes in favor of ,chinese parties-- 7#a7 such official may not be issued a visa to enter the ,united ,states or be admitted to the ,united ,states2 and 7#b7 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 ,state1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i774 7b7 ,termination of visa ineligibility 7#a7 ,in general ,the ,secretary of ,state may terminate visa ineligibility under subsection 7a7 with respect to an individual if the ,secretary of ,state makes a determination that-- 7,a7 credible information exists that the individual did not engage in the activity for which visa ineligibility was imposed2 7,b7 the individual has been prosecuted appropriately for the activity for which visa ineligibility was imposed2 7,c7 the individual has-- 7i7 credibly demonstrated a significant change in behavior2 7ii7 been subject to an appropriate consequence for the activity for which visa ineligibility was imposed2 and 7iii7 credibly committed to not engage in an activity described in that subsection in the future2 or 7,d7 the termination of visa ineligibility is in the national security interests of the ,united ,states4 7#b7 ,notification ,not later than #ae days before the date on which visa ineligibility is terminated under paragraph 7#a7 with respect to an individual1 the ,secretary of ,state shall submit a report to the ,committee on ,foreign ,relations of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives that describes the justification for the termination4 7c7 ,annual report to ,congress 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for the following #e years1 the ,secretary of ,state shall submit a report to the congressional committees listed in subsection 7b77#b7 that identifies-- 7,a7 to the extent practicable1 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-- 7i7 to convince a relative of such citizens to submit himself or herself into the custody of the ,government of ,china for prosecution2 7ii7 to compel ,united ,states citizens to participate in ,chinese government investigations2 or 7iii7 to aid the ,government of ,china in resolving civil disputes in favor of ,chinese parties2 7,b7 the individuals who have had visas denied or revoked pursuant to subsection 7a7 during the preceding year1 including the dates on which such denials or revocations were imposed or terminated1 as applicable2 7,c7 the number of ,united ,states citizens who the ,government of ,china has prohibited from leaving ,china for any of the reasons described in subsection 7a72 and 7,d7 for each of the ,united ,states citizens referred to in subparagraph 7,c71 the period during which they have been forced to remain in ,china4 7#b7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7#c7 ,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 7#a74 7#d7 ,privacy act ,any information obtained by the ,secretary of ,state to complete the report under this subsection shall be subject to section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act74 7d7 ,waiver for national interest 7#a7 ,in general ,the ,secretary of ,state may waive the application of subsection 7a7 in the case of an alien if the ,secretary determines that such waiver-- 7,a7 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 #aidg 7,,tias #afgf71 or any other applicable international obligation of the ,united ,states2 or 7,b7 is in the national interest of the ,united ,states4 7#b7 ,notification ,upon granting a waiver under paragraph 7#a71 the ,secretary of ,state shall submit a report to the congressional committees listed in subsection 7b77#b7 that-- 7,a7 details the evidence and justification for the necessity of such waiver2 and 7,b7 if such waiver is granted pursuant to paragraph 7#a77;,b71 explains how such waiver relates to the national interest of the ,united ,states4