What This Bill Does
This bill blocks certain Chinese officials and military members from entering the United States. The ban stays in place until the Chinese government stops stealing American intellectual property (creative works, inventions, and trade secrets owned by U.S. citizens and companies).
##
Who It Affects
- The Secretary of State (the official who handles U.S. relations with other countries)
- The Secretary of Homeland Security (the official who controls entry to the U.S.)
- Senior Chinese Communist Party leaders
- Chinese government cabinet members
- Active duty soldiers in China's military
- Family members (spouses and children) of senior Chinese Communist Party leaders
##
Key Provisions
- The Secretary of State cannot issue visas to senior Chinese Communist Party officials, including members of the Politburo (governing body) and the Central Committee, and delegates to the 19th National Congress of the Chinese Communist Party. (Sec. 4(a)(1))
- The Secretary of Homeland Security must deny entry to spouses and children of the officials named above. (Sec. 4(a)(2))
- Chinese government cabinet members cannot enter the United States. (Sec. 4(a)(3))
- Active duty members of China's military cannot enter the United States. (Sec. 4(a)(4))
- The Director of National Intelligence can end these restrictions for any year if they certify that China has stopped sponsoring, funding, and supporting efforts to steal American intellectual property. (Sec. 4(b))
##
What Changes
If this becomes law, the named Chinese officials and military members will be blocked from entering the U.S. unless the Director of National Intelligence confirms that China has stopped efforts to steal American intellectual property.
##
Important Definitions
None defined in bill text.
##
I
118TH CONGRESS
1ST SESSION H. R. 1016
To prohibit certain members of the Chinese Communist Party from entering
the United States until such time as the Government of the People’s
Republic of China ceases the theft of the intellectual property of the
United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2023
Mrs. LESKO (for herself, Mr. BABIN, Mr. TIFFANY, and Mr. BIGGS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To prohibit certain members of the Chinese Communist
Party from entering the United States until such time
as the Government of the People’s Republic of China
ceases the theft of the intellectual property of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Stop China’s IP Theft
4
Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds the following:
7
VerDate Sep 11 2014
06:25 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1016.IH
H1016
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 1016 IH
(1) China is perpetrating what Secretary of De-
1
fense Mark Esper has called ‘‘the greatest intellec-
2
tual property theft in human history’’.
3
(2) A report by the Australian Strategic Policy
4
Institute has found that since 2007 approximately
5
500 Chinese military scientists were sent to the
6
United States to study. According to the report
7
China has been sending soldiers to study science and
8
engineering in Western universities including the
9
United States as part of a widespread effort to col-
10
lect military technology.
11
SEC. 3. STATEMENT OF POLICY.
12
It is the policy of the United States to prohibit the
13
entry of Chinese Communist Party leaders and military
14
and government officials of the People’s Republic of China
15
into the United States until the Government of the Peo-
16
ple’s Republic of China ceases its efforts to infringe on
17
the intellectual property rights of the United States.
18
SEC. 4. RESTRICTION ON ISSUANCE OF VISAS.
19
(a) RESTRICTION.—The Secretary of State may not
20
issue a visa to, and the Secretary of Homeland Security
21
shall deny entry to the United States of, each of the fol-
22
lowing:
23
(1) Senior officials in the Chinese Communist
24
Party, including the Politburo, the Central Com-
25
VerDate Sep 11 2014
06:25 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1016.IH
H1016
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 1016 IH
mittee, and each delegate to the 19th National Con-
1
gress of the Chinese Communist Party.
2
(2) The spouses and children of the senior offi-
3
cials described in paragraph (1).
4
(3) Members of the cabinet of the Government
5
of the People’s Republic of China.
6
(4) Active duty members of the People’s Libera-
7
tion Army of China.
8
(b) APPLICABILITY.—The restriction under sub-
9
section (a) shall not apply for any year in which the Direc-
10
tor of National Intelligence certifies to the Committees on
11
the Judiciary of the House of Representatives and the
12
Senate that the Government of the People’s Republic of
13
China has ceased sponsoring, funding, facilitating, and ac-
14
tively working to support efforts to infringe on the intellec-
15
tual property rights of citizens and companies of the
16
United States.
17
Æ
VerDate Sep 11 2014
06:25 Mar 03, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H1016.IH
H1016
kjohnson on DSK79L0C42PROD with BILLS