Chinese Communist Party (CCP) Politburo Accountability Act

I 117TH CONGRESS 1ST SESSION H. R. 3018 To impose sanctions on senior officials of the Chinese Communist Party, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 7, 2021 Mrs. CAMMACK (for herself, Mr. BANKS, Mr. AUSTIN SCOTT of Georgia, Mrs. HARSHBARGER, Mr. WEBER of Texas, Mr. STEUBE, Mrs. HINSON, Ms. TENNEY, Mr. C. SCOTT FRANKLIN of Florida, Mrs. MCCLAIN, Mr. CAWTHORN, Mr. BABIN, Mr. NORMAN, Mr. DIAZ-BALART, Mr. TIFFANY, and Mr. GIMENEZ) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To impose sanctions on senior officials of the Chinese Communist Party, 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 ‘‘Chinese Communist 4 Party (CCP) Politburo Accountability Act’’. 5 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3018 IH SEC. 2. STATEMENT OF POLICY. 1 It is the policy of the United States to hold members 2 of the politburo of the Chinese Communist Party (CCP) 3 accountable for their malign disinformation campaign and 4 political warfare against the United States, theft of intel- 5 lectual property of United States citizens, and severe 6 abuses of human rights of the people of China. 7 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO SEN- 8 IOR OFFICIALS OF THE CHINESE COMMUNIST 9 PARTY. 10 (a) IMPOSITION OF SANCTIONS.—Notwithstanding 11 any other provision of law, the President is authorized to 12 impose the sanctions described in subsection (b) with re- 13 spect to any foreign person who the President determines 14 is a senior official of the CCP, including a member of the 15 CCP politburo, and has engaged in or provided support 16 to or for— 17 (1) a malign disinformation campaign or polit- 18 ical warfare operation against the United States; 19 (2) the theft of intellectual property of a United 20 States person; 21 (3) threats or actions undermining the sov- 22 ereignty of Taiwan; or 23 (4) the forced closure or destruction of church- 24 es, mosques, Buddhist temples, or any other place of 25 worship in China, or restricting the religious practice 26 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3018 IH of Christians, Muslims, Buddhists, or any other reli- 1 gious group in China. 2 (b) SANCTIONS DESCRIBED.— 3 (1) IN GENERAL.—The sanctions described in 4 this subsection with respect to a foreign person de- 5 termined by the President to be subject to sub- 6 section (a) are the following: 7 (A) ASSET BLOCKING.—The President 8 shall exercise of all powers granted to the Presi- 9 dent by the International Emergency Economic 10 Powers Act (50 U.S.C. 1701 et seq.) to the ex- 11 tent necessary to block and prohibit all trans- 12 actions in property and interests in property of 13 the foreign person if such property and inter- 14 ests in property are in the United States, come 15 within the United States, or are or come within 16 the possession or control of a United States 17 person. 18 (B) INADMISSIBILITY OF CERTAIN INDI- 19 VIDUALS.— 20 (i) INELIGIBILITY FOR VISAS, ADMIS- 21 SION, OR PAROLE.—Such a foreign person 22 is— 23 (I) inadmissible to the United 24 States; 25 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3018 IH (II) ineligible to receive a visa or 1 other documentation to enter the 2 United States; and 3 (III) otherwise ineligible to be 4 admitted or paroled into the United 5 States or to receive any other benefit 6 under the Immigration and Nation- 7 ality Act (8 U.S.C. 1101 et seq.). 8 (ii) CURRENT VISAS REVOKED.— 9 (I) IN GENERAL.—The visa or 10 other documentation issued to such a 11 foreign person shall be revoked, re- 12 gardless of when such visa or other 13 documentation is or was issued. 14 (II) EFFECT OF REVOCATION.— 15 A revocation under subclause (I) 16 shall— 17 (aa) take effect immediately; 18 and 19 (bb) automatically cancel 20 any other valid visa or entry doc- 21 umentation that is in the per- 22 son’s possession. 23 (2) PENALTIES.—The penalties provided for in 24 subsections (b) and (c) of section 206 of the Inter- 25 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3018 IH national Emergency Economic Powers Act (50 1 U.S.C. 1705) shall apply to a person that violates, 2 attempts to violate, conspires to violate, or causes a 3 violation of regulations promulgated under sub- 4 section (e) to implement this section to the same ex- 5 tent that such penalties apply to a person that com- 6 mits an unlawful act described in section 206(a) of 7 that Act. 8 (3) EXCEPTION TO COMPLY WITH UNITED NA- 9 TIONS HEADQUARTERS AGREEMENT.—Sanctions 10 under paragraph (1)(B) shall not apply to a foreign 11 person who is an individual if admitting the person 12 into the United States is necessary to permit the 13 United States to comply with the Agreement regard- 14 ing the Headquarters of the United Nations, signed 15 at Lake Success June 26, 1947, and entered into 16 force November 21, 1947, between the United Na- 17 tions and the United States, or other applicable 18 international obligations. 19 (c) WAIVER.—The President may, on a case-by-case 20 basis and for one period not to exceed one year, waive the 21 application of sanctions imposed with respect to a foreign 22 person under this section if the President certifies to the 23 appropriate congressional committees not later than 15 24 days before such waiver is to take effect that such waiver 25 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3018 IH is vital to the national security interests of the United 1 States. 2 (d) TERMINATION OF SANCTIONS.—The President 3 may terminate the application of sanctions under this sec- 4 tion if the President determines and reports to the appro- 5 priate congressional committees not later than 15 days be- 6 fore the termination takes effect that the President has 7 determined that the foreign person no longer is involved 8 in any of the activities described in subsection (a). 9 (e) IMPLEMENTATION AUTHORITY.—The President 10 may exercise all authorities provided to the President 11 under sections 203 and 205 of the International Emer- 12 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 13 for purposes of carrying out this section. 14 (f) REGULATORY AUTHORITY.— 15 (1) IN GENERAL.—Not later than 90 days after 16 the date of the enactment of this Act, the President 17 shall promulgate regulations as necessary for the im- 18 plementation of this section. 19 (2) NOTIFICATION TO CONGRESS.—Not less 20 than 10 days before the promulgation of regulations 21 under paragraph (1), the President shall notify and 22 provide to the appropriate congressional committees 23 the proposed regulations and the provisions of this 24 section that such regulations are implementing. 25 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3018 IH (g) SUNSET.— 1 (1) IN GENERAL.—This section shall terminate 2 on January 1, 2025. 3 (2) INAPPLICABILITY.—Paragraph (1) shall not 4 apply with respect to sanctions imposed with respect 5 to a foreign person under this section before Janu- 6 ary 1, 2025. 7 (h) DEFINITIONS.—In this section: 8 (1) ADMITTED.—The term ‘‘admitted’’ has the 9 meaning given such term in section 101(3) of the 10 Immigration and Nationality Act (8 U.S.C. 11 1101(3)). 12 (2) APPROPRIATE CONGRESSIONAL COMMIT- 13 TEES.—The term ‘‘appropriate congressional com- 14 mittees’’ means— 15 (A) the Committee on Foreign Affairs, the 16 Committee on the Judiciary, the Committee on 17 Ways and Means, and the Committee on Finan- 18 cial Services of the House of Representatives; 19 and 20 (B) the Committee on Foreign Relations 21 and the Committee on Banking, Housing, and 22 Urban Affairs of the Senate. 23 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3018 IH (3) FOREIGN PERSON.—The term ‘‘foreign per- 1 son’’ means a person that is not a United States 2 person. 3 SEC. 4. DETERMINATION WITH RESPECT TO THE IMPOSI- 4 TION OF SANCTIONS ON MEMBERS OF THE 5 CCP POLITBURO. 6 (a) DETERMINATION.—Not later than 180 days after 7 the date of the enactment of this Act, the Secretary of 8 State, in consultation with the Secretary of the Treasury, 9 shall submit to the appropriate congressional committees 10 a determination, including a detailed justification, regard- 11 ing whether any member of the Chinese Communist Party 12 (CCP) Politburo satisfies the criteria for the application 13 of sanctions pursuant to any of the following: 14 (1) Section 3 of this Act. 15 (2) Executive Order 13694 (50 U.S.C. 1701 16 note; relating to blocking property of certain persons 17 engaged in significant malicious cyber-enabled activi- 18 ties). 19 (3) The Global Magnitsky Human Rights Ac- 20 countability Act (enacted as subtitle F of title XII 21 of division A of the National Defense Authorization 22 Act for Fiscal Year 2017; 22 U.S.C. 2656 note). 23 (4) The Uyghur Human Rights and Policy Act 24 of 2020 (Public Law 116–145). 25 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3018 IH (5) The Hong Kong Human Rights and De- 1 mocracy Act of 2019 (Public Law 116–76). 2 (b) FORM.—The determination required by sub- 3 section (a) shall be submitted in unclassified form but may 4 contain a classified annex. 5 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 6 FINED.—In this section, the term ‘‘appropriate congres- 7 sional committees’’ means— 8 (1) the Committee on Armed Services, the 9 Committee on Foreign Affairs, the Committee on Fi- 10 nancial Services, and the Committee on the Judici- 11 ary of the House of Representatives; and 12 (2) the Committee on Armed Services, the 13 Committee on Foreign Relations, the Committee on 14 Banking, Housing, and Urban Affairs, and the Com- 15 mittee on the Judiciary of the Senate. 16 SEC. 5. MANDATORY APPLICATION OF SANCTIONS. 17 (a) IN GENERAL.—No later than 180 days after the 18 date of the enactment of this Act, the President shall im- 19 pose the sanctions described in section 3 of this Act with 20 respect to each individual specified in subsection (b). 21 (b) INDIVIDUALS AND ORGANIZATIONS DE- 22 SCRIBED.—The individuals specified in this subsection are 23 the following: 24 (1) Wu Yingjie. 25 VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3018 IH (2) Wang Yang. 1 (3) Han Zheng. 2 (4) Xia Baolong. 3 Æ VerDate Sep 11 2014 03:04 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3018.IH H3018 pbinns on DSKJLVW7X2PROD with BILLS