SHAME Act

II 116TH CONGRESS 2D SESSION S. 4799 To require the imposition of sanctions with respect to forced abortions by the Government of the People’s Republic of China. IN THE SENATE OF THE UNITED STATES OCTOBER 5, 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 forced abortions by the Government 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 ‘‘Sanctioning and High- 4 lighting Authoritarian Medicine and Eugenics Act of 5 2020’’ or the ‘‘SHAME Act’’. 6 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4799 IS SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO 1 FORCED ABORTIONS BY THE GOVERNMENT 2 OF THE PEOPLE’S REPUBLIC OF CHINA. 3 (a) IN GENERAL.—The President shall impose the 4 sanctions described in subsection (c) with respect to each 5 person identified under subsection (b)(1)(A). 6 (b) REPORT REQUIRED.— 7 (1) IN GENERAL.—Not later than 180 days 8 after the date of the enactment of this Act, and an- 9 nually thereafter, the Secretary of State shall submit 10 to the appropriate congressional committees a report 11 that— 12 (A) identifies any official or agency of the 13 Government of the People’s Republic of China 14 and any member of the Chinese Communist 15 Party that the Secretary determines knowingly 16 orders, controls, or directs, or routinely con- 17 ducts any action to carry out, a coercive birth- 18 limitation policy carried out in Xinjiang Uyghur 19 Autonomous Region or upon residents of that 20 region, including involuntary abortions, involun- 21 tary sterilizations, mandatory contraception use 22 or contraceptive implantation, deceptive contra- 23 ceptive implantation, government control of 24 birth spacing, or mandatory birth permits; and 25 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4799 IS (B) includes a determination of whether 1 the action described in subparagraph (A) of a 2 person identified under that subparagraph was 3 motivated or carried out against an individual 4 on the basis of the identity, including race, reli- 5 gion, or ethnicity of the individual. 6 (2) SOURCES OF INFORMATION.—In preparing 7 the report required under paragraph (1), the Sec- 8 retary may use any publication, database, web-based 9 resource, public information compiled by any govern- 10 ment agency, and any information collected or com- 11 piled by a nongovernmental organization or other 12 entity provided to or made available to the Sec- 13 retary, that the Secretary finds credible. 14 (3) FORM OF REPORT.—The report required 15 under paragraph (1) shall be submitted in unclassi- 16 fied form, but may include a classified index. 17 (4) PUBLICLY AVAILABLE LIST.—Not later 18 than 30 days after the date on which a report is 19 submitted to the appropriate congressional commit- 20 tees under paragraph (1), the Secretary, in coordi- 21 nation with Secretary of the Treasury and the Di- 22 rector of National Intelligence, shall publish on a 23 publicly available internet website maintained by the 24 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4799 IS Department of State, in English and Mandarin Chi- 1 nese— 2 (A) a list of each person identified under 3 paragraph (1)(A); 4 (B) a description of the location where the 5 action for which the person was so identified oc- 6 curred; 7 (C) a determination with respect to wheth- 8 er that action was motivated or carried out 9 against an individual on the basis of the iden- 10 tity, including race, religion, or ethnicity of the 11 individual; and 12 (D) a statement of whether that person 13 has been designated for the imposition of sanc- 14 tions pursuant to the Global Magnitsky Human 15 Rights Accountability Act (subtitle F of title 16 XII of Public Law 114–328; 22 U.S.C. 2656 17 note). 18 (c) SANCTIONS DESCRIBED.— 19 (1) IN GENERAL.—The sanctions described in 20 this subsection are the following: 21 (A) PROPERTY BLOCKING.—The President 22 shall, pursuant to the International Emergency 23 Economic Powers Act (50 U.S.C. 1701 et seq.), 24 block and prohibit all transactions in property 25 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4799 IS and interests in property of a person identified 1 under subsection (b)(1)(A) if such property and 2 interests in property are in the United States, 3 come within the United States, or are or come 4 within the possession or control of a United 5 States person. 6 (B) ALIENS INELIGIBLE FOR VISAS, AD- 7 MISSION, OR PAROLE.— 8 (i) EXCLUSION FROM THE UNITED 9 STATES.—The Secretary of State shall 10 deny a visa to, and the Secretary of Home- 11 land Security shall exclude from the 12 United States, any alien identified under 13 subsection (b)(1)(A). 14 (ii) CURRENT VISAS REVOKED.— 15 (I) IN GENERAL.—The issuing 16 consular officer, the Secretary of 17 State, or the Secretary of Homeland 18 Security (or a designee of any such 19 officer or Secretary) shall revoke any 20 visa or other entry documentation 21 issued to an alien identified under 22 subsection (b)(1)(A), regardless of 23 when the visa or other documentation 24 was issued. 25 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4799 IS (II) EFFECT OF REVOCATION.— 1 A revocation under subclause (I) shall 2 take effect immediately and shall 3 automatically cancel any other valid 4 visa or entry documentation that is in 5 the alien’s possession. 6 (2) INAPPLICABILITY OF NATIONAL EMER- 7 GENCY REQUIREMENT.—The requirements under 8 section 202 of the International Emergency Eco- 9 nomic Powers Act (50 U.S.C. 1701) shall not apply 10 for purposes of paragraph (1)(A). 11 (d) EXCEPTIONS.— 12 (1) INTELLIGENCE ACTIVITIES.—This section 13 shall not apply with respect to activities subject to 14 the reporting requirements under title V of the Na- 15 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 16 or any authorized intelligence activities of the United 17 States. 18 (2) COMPLIANCE WITH UNITED NATIONS HEAD- 19 QUARTERS AGREEMENT.—Subsection (c)(1)(B) shall 20 not apply with respect to the admission of an alien 21 to the United States if such admission is necessary 22 to comply with United States obligations under the 23 Agreement between the United Nations and the 24 United States of America regarding the Head- 25 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4799 IS quarters of the United Nations, signed at Lake Suc- 1 cess June 26, 1947, and entered into force Novem- 2 ber 21, 1947, under the Convention on Consular Re- 3 lations, done at Vienna April 24, 1963, and entered 4 into force March 19, 1967, or under other inter- 5 national obligations. 6 (e) IMPLEMENTATION; PENALTIES.— 7 (1) IMPLEMENTATION.—The President may ex- 8 ercise all authorities provided under sections 203 9 and 205 of the International Emergency Economic 10 Powers Act (50 U.S.C. 1702 and 1704) to carry out 11 this section. 12 (2) PENALTIES.—A person that violates, at- 13 tempts to violate, conspires to violate, or causes a 14 violation of subsection (c)(1)(A) or any regulation, 15 license, or order issued to carry out that subsection 16 shall be subject to the penalties set forth in sub- 17 sections (b) and (c) of section 206 of the Inter- 18 national Emergency Economic Powers Act (50 19 U.S.C. 1705) to the same extent as a person that 20 commits an unlawful act described in subsection (a) 21 of that section. 22 (f) DEFINITIONS.—In this section: 23 (1) ADMISSION; ADMITTED; ALIEN.—The terms 24 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 25 VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4799 IS meanings given those terms in section 101 of the 1 Immigration and Nationality Act (8 U.S.C. 1101). 2 (2) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Relations of 6 the Senate; and 7 (B) the Committee on Foreign Affairs of 8 the House of Representatives. 9 (3) PERSON.—The term ‘‘person’’ means an in- 10 dividual or entity, including a governmental entity. 11 (4) UNITED STATES PERSON.—The term 12 ‘‘United States person’’ means— 13 (A) a United States citizen or an alien law- 14 fully admitted to the United States for perma- 15 nent residence; or 16 (B) an entity organized under the laws of 17 the United States or any jurisdiction within the 18 United States. 19 Æ VerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4799.IS S4799 kjohnson on DSK79L0C42PROD with BILLS