Ending Medical Censorship and Cover Ups in China Act of 2020

II 116TH CONGRESS 2D SESSION S. 3802 To require the imposition of sanctions with respect to censorship and related activities against citizens of the People’s Republic of China. IN THE SENATE OF THE UNITED STATES MAY 21, 2020 Mr. CRUZ introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the imposition of sanctions with respect to censor- ship and related activities against citizens of the People’s Republic of China. 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 ‘‘Ending Medical Cen- 4 sorship and Cover Ups in China Act of 2020’’. 5 VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3802 IS SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CEN- 1 SORSHIP AND RELATED ACTIVITIES AGAINST 2 CITIZENS OF THE PEOPLE’S REPUBLIC OF 3 CHINA. 4 (a) IN GENERAL.—The President shall impose the 5 sanctions described in subsection (c) with respect to each 6 person on the list required by subsection (b). 7 (b) LIST REQUIRED.— 8 (1) IN GENERAL.—Not later than 90 days after 9 the date of the enactment of this Act, the President 10 shall submit to the appropriate congressional com- 11 mittees a list of persons that the President deter- 12 mines have, on or after such date of enactment, en- 13 gaged in censorship or other activities with respect 14 to the People’s Republic of China that— 15 (A) prohibit, limit, or penalize the exercise 16 of freedom of expression or assembly by citizens 17 of the People’s Republic of China, including 18 prohibitions, limitations, or penalties related to 19 the use of social media; 20 (B) penalize citizens of the People’s Re- 21 public of China for the public dissemination of 22 accurate epidemiological information, including 23 information related to emerging diseases or 24 pathogens; or 25 VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3802 IS (C) limit access to print, broadcast, digital, 1 or social media. 2 (2) UPDATES OF LIST.—The President shall 3 submit to the appropriate congressional committees 4 an updated list under paragraph (1) not less fre- 5 quently than annually and as new information be- 6 comes available. 7 (3) FORM OF REPORT; PUBLIC AVAILABILITY.— 8 (A) FORM.—Each list required by this 9 subsection shall be submitted in unclassified 10 form but may include a classified annex. 11 (B) PUBLIC AVAILABILITY.—The unclassi- 12 fied portion of a list required by this subsection 13 shall be posted on publicly available websites of 14 the Department of the Treasury and the De- 15 partment of State. 16 (c) SANCTIONS DESCRIBED.— 17 (1) IN GENERAL.—The sanctions described in 18 this subsection are the following: 19 (A) PROPERTY BLOCKING.—The President 20 shall, pursuant to the International Emergency 21 Economic Powers Act (50 U.S.C. 1701 et seq.), 22 block and prohibit all transactions in property 23 and interests in property of a person on the list 24 required by subsection (b) if such property and 25 VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3802 IS interests in property are in the United States, 1 come within the United States, or are or come 2 within the possession or control of a United 3 States person. 4 (B) ALIENS INELIGIBLE FOR VISAS, AD- 5 MISSION, OR PAROLE.— 6 (i) EXCLUSION FROM THE UNITED 7 STATES.—The Secretary of State shall 8 deny a visa to, and the Secretary of Home- 9 land Security shall exclude from the 10 United States, any alien on the list re- 11 quired by subsection (b). 12 (ii) CURRENT VISAS REVOKED.— 13 (I) IN GENERAL.—The issuing 14 consular officer, the Secretary of 15 State, or the Secretary of Homeland 16 Security (or a designee of any such 17 officer or Secretary) shall revoke any 18 visa or other entry documentation 19 issued to an alien on the list required 20 by subsection (b), regardless of when 21 the visa or other documentation was 22 issued. 23 (II) EFFECT OF REVOCATION.— 24 A revocation under subclause (I) shall 25 VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3802 IS take effect immediately and shall 1 automatically cancel any other valid 2 visa or entry documentation that is in 3 the alien’s possession. 4 (2) INAPPLICABILITY OF NATIONAL EMER- 5 GENCY REQUIREMENT.—The requirements under 6 section 202 of the International Emergency Eco- 7 nomic Powers Act (50 U.S.C. 1701) shall not apply 8 for purposes of paragraph (1)(A). 9 (d) EXCEPTIONS.— 10 (1) INTELLIGENCE ACTIVITIES.—This section 11 shall not apply with respect to activities subject to 12 the reporting requirements under title V of the Na- 13 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 14 or any authorized intelligence activities of the United 15 States. 16 (2) COMPLIANCE WITH UNITED NATIONS HEAD- 17 QUARTERS AGREEMENT.—Subsection (c)(1)(B) shall 18 not apply with respect to the admission of an alien 19 to the United States if such admission is necessary 20 to comply with United States obligations under the 21 Agreement between the United Nations and the 22 United States of America regarding the Head- 23 quarters of the United Nations, signed at Lake Suc- 24 cess June 26, 1947, and entered into force Novem- 25 VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3802 IS ber 21, 1947, under the Convention on Consular Re- 1 lations, done at Vienna April 24, 1963, and entered 2 into force March 19, 1967, or under other inter- 3 national obligations. 4 (e) IMPLEMENTATION; PENALTIES.— 5 (1) IMPLEMENTATION.—The President may ex- 6 ercise all authorities provided under sections 203 7 and 205 of the International Emergency Economic 8 Powers Act (50 U.S.C. 1702 and 1704) to carry out 9 this section. 10 (2) PENALTIES.—A person that violates, at- 11 tempts to violate, conspires to violate, or causes a 12 violation of subsection (c)(1)(A) or any regulation, 13 license, or order issued to carry out that subsection 14 shall be subject to the penalties set forth in sub- 15 sections (b) and (c) of section 206 of the Inter- 16 national Emergency Economic Powers Act (50 17 U.S.C. 1705) to the same extent as a person that 18 commits an unlawful act described in subsection (a) 19 of that section. 20 (f) DEFINITIONS.—In this section: 21 (1) ADMISSION; ADMITTED; ALIEN.—The terms 22 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 23 meanings given those terms in section 101 of the 24 Immigration and Nationality Act (8 U.S.C. 1101). 25 VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 3802 IS (2) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) the Committee on Foreign Relations, 4 the Committee on Banking, Housing, and 5 Urban Affairs, the Committee on Finance, and 6 the Committee on Commerce, Science, and 7 Transportation of the Senate; and 8 (B) the Committee on Foreign Affairs, the 9 Committee on Financial Services, the Com- 10 mittee on Ways and Means, and the Committee 11 on Science, Space, and Technology of the 12 House of Representatives. 13 (3) UNITED STATES PERSON.—The term 14 ‘‘United States person’’ means— 15 (A) a United States citizen or an alien law- 16 fully admitted to the United States for perma- 17 nent residence; or 18 (B) an entity organized under the laws of 19 the United States or any jurisdiction within the 20 United States. 21 Æ VerDate Sep 11 2014 04:06 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S3802.IS S3802 pbinns on DSKJLVW7X2PROD with BILLS