What This Bill Does
This bill tells the President to impose sanctions (penalties) against certain Chinese Communist Party officials and Chinese health leaders who the President decides are responsible for hiding information about COVID-19. The bill also prevents U.S. colleges and research organizations from signing contracts with Chinese health agencies and requires a review of money the National Institutes of Health gave to Chinese health organizations.
##
Who It Affects
- Chinese Communist Party officials involved in disappearing whistleblowers (people who expose wrongdoing) or limiting free speech about COVID-19
- Two specific people named in the bill: Gao Fu (Director of the Chinese Center for Disease Control and Prevention) and Ma Xiaowei (Minister of the National Health Commission)
- U.S. colleges and universities that receive federal funding
- The National Academy of Sciences
- The National Institutes of Health
##
Key Provisions
- The President must impose sanctions on Chinese Communist Party officials responsible for making whistleblowers disappear or limiting freedom of speech and academic freedom related to COVID-19 (Sec. 2(a))
- The President must impose sanctions on Gao Fu and Ma Xiaowei that include freezing their property and assets in the United States and banning them from entering the country (Sec. 2(b) and 2(c))
- Colleges and universities cannot sign contracts with any part of China's National Health Commission if they want to receive federal money (Sec. 3(a))
- The National Academy of Sciences cannot use federal funds to sign contracts with China's National Health Commission or related organizations (Sec. 3(b))
- Within 6 months, a government official called the Comptroller General must review all money the National Institutes of Health gave to Chinese health organizations since 2010 and report if any was used for "gain of function research" (making viruses more dangerous) (Sec. 4)
##
What Changes
If this bill becomes law, two Chinese health officials will have their U.S. bank accounts and property frozen, and they will be banned from entering the United States. U.S. colleges will lose federal funding if they work with Chinese health agencies. The government will investigate past funding to Chinese health organizations.
##
Important Definitions
- **Foreign person**: A person who is not a U.S. person (Sec. 6)
- **Knowingly**: Having actual knowledge or should have known about conduct, circumstances, or results (Sec. 6)
- **United States person**: A U.S. citizen, a permanent resident, anyone subject to U.S. law, or an American company (including its foreign branches) (Sec. 6)
- **Intelligence community**: Not specified in bill text (definition is in another law referenced in Sec. 6)
##
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 229
To impose sanctions with respect to members of the Chinese Communist
Party and heads of Chinese health agencies relating to the COVID–
19 pandemic, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. WITTMAN introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on the Ju-
diciary, Education and the Workforce, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To impose sanctions with respect to members of the Chinese
Communist Party and heads of Chinese health agencies
relating to the COVID–19 pandemic, and for other pur-
poses.
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 ‘‘World Deserves To
4
Know Act’’.
5
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•HR 229 IH
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CER-
1
TAIN
MEMBERS
OF
THE
CHINESE
COM-
2
MUNIST PARTY AND HEADS OF CHINESE
3
HEALTH
AGENCIES
RELATING
TO
THE
4
COVID–19 PANDEMIC.
5
(a) CHINESE COMMUNIST PARTY MEMBERS.—
6
(1) IN GENERAL.—The President shall impose
7
the sanctions described in section 1263 of the Global
8
Magnitsky Human Rights Accountability Act (22
9
U.S.C. 2656 note) with respect to any foreign per-
10
son who is an official of the Chinese Communist
11
Party that the President determines is knowingly re-
12
sponsible for, complicit in, or has directly or indi-
13
rectly engaged in—
14
(A) the disappearances of whistleblowers
15
and citizen journalists in the People’s Republic
16
of China relating to the COVID–19 pandemic;
17
or
18
(B) the establishment of limits on freedom
19
of speech and academic freedom in the People’s
20
Republic of China relating to the COVID–19
21
pandemic.
22
(2) COORDINATION.—The President shall co-
23
ordinate with the intelligence community for pur-
24
poses of identifying foreign persons under this sub-
25
section.
26
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3
•HR 229 IH
(b) CHINESE
HEALTH
AGENCIES
HEADS.—The
1
President shall impose the sanctions described in sub-
2
section (c) with respect to the following foreign persons:
3
(1) Gao Fu, also known as George Fu Gao, the
4
Director of the Center for Disease Control and Pre-
5
vention of the People’s Republic of China.
6
(2) Ma Xiaowei, Minister of the National
7
Health Commission of the People’s Republic of
8
China.
9
(c) SANCTIONS
DESCRIBED.—The sanctions de-
10
scribed in this subsection with respect to a foreign person
11
are the following:
12
(1) BLOCKING OF PROPERTY.—The President
13
shall exercise all of the powers granted to the Presi-
14
dent under the International Emergency Economic
15
Powers Act (50 U.S.C. 1701 et seq.) (except that
16
the requirements of section 202 of such Act (50
17
U.S.C. 1701) shall not apply) to the extent nec-
18
essary to block and prohibit all transactions in prop-
19
erty and interests in property of the person if such
20
property and interests in property are in the United
21
States, come within the United States, or come with-
22
in the possession or control of a United States per-
23
son.
24
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4
•HR 229 IH
(2) INADMISSIBILITY TO THE UNITED STATES
1
AND REVOCATION OF VISA OR OTHER DOCUMENTA-
2
TION.—
3
(A) INELIGIBILITY FOR VISA, ADMISSION,
4
OR PAROLE.—The foreign person is—
5
(i) inadmissible to the United States;
6
(ii) ineligible to receive a visa or other
7
documentation to enter the United States;
8
and
9
(iii) otherwise ineligible to be admitted
10
or paroled into the United States or to re-
11
ceive any other benefit under the Immigra-
12
tion and Nationality Act (8 U.S.C. 1101 et
13
seq.).
14
(B) CURRENT VISA REVOKED.—The visa
15
or other entry documentation of the foreign
16
person shall be revoked, regardless of when
17
such visa or other entry documentation is or
18
was issued. A revocation under this subpara-
19
graph shall take effect immediately and auto-
20
matically cancel any other valid visa or entry
21
documentation that is in the person’s posses-
22
sion.
23
(d) EXCEPTIONS.—
24
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•HR 229 IH
(1) TO COMPLY WITH UNITED NATIONS HEAD-
1
QUARTERS
AGREEMENT.—Sanctions
under
sub-
2
section (c)(2) shall not apply with respect to a for-
3
eign person described in subsection (b) if admitting
4
or paroling the foreign person into the United States
5
is necessary to permit the United States to comply
6
with the Agreement regarding the Headquarters of
7
the United Nations, signed at Lake Success June
8
26, 1947, and entered into force November 21,
9
1947, between the United Nations and the United
10
States, or other applicable international obligations.
11
(2) TO CARRY OUT OR ASSIST LAW ENFORCE-
12
MENT
ACTIVITIES.—Sanctions under this section
13
shall not apply to a foreign person, if admitting or
14
paroling the foreign person into the United States is
15
necessary to carry out or assist law enforcement ac-
16
tivity in the United States.
17
(e) IMPLEMENTATION; PENALTIES.—
18
(1) IMPLEMENTATION.—The President may ex-
19
ercise all authorities provided under sections 203
20
and 205 of the International Emergency Economic
21
Powers Act (50 U.S.C. 1702 and 1704) to carry out
22
this section and shall issue such regulations, li-
23
censes, and orders as are necessary to carry out this
24
section.
25
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6
•HR 229 IH
(2) PENALTIES.—Any person that violates, at-
1
tempts to violate, conspires to violate, or causes a
2
violation of this section or any regulation, license, or
3
order issued to carry out paragraph (1) shall be sub-
4
ject to the penalties provided for in subsections (b)
5
and (c) of section 206 of the International Emer-
6
gency Economic Powers Act (50 U.S.C. 1705) to the
7
same extent as a person that commits an unlawful
8
act described in subsection (a) of that section.
9
(f) WAIVER.—The President may waive the applica-
10
tion of sanctions imposed with respect to a foreign person
11
under this section if the President—
12
(1) determines that a waiver is in the national
13
interest of the United States; and
14
(2) not later than the date on which such waiv-
15
er will take effect, submits to the appropriate con-
16
gressional committees a notice of and justification
17
for such waiver.
18
(g) TERMINATION OF SANCTIONS WITH RESPECT TO
19
A FOREIGN PERSON.—
20
(1) IN GENERAL.—The President may termi-
21
nate the application of sanctions imposed with re-
22
spect to a foreign person under this section if the
23
President makes a determination that—
24
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•HR 229 IH
(A) credible information exists that the
1
person did not engage in the activity for which
2
the sanctions were imposed; and
3
(B) the person has—
4
(i) credibly demonstrated a significant
5
change in behavior; and
6
(ii) been subject to an appropriate
7
consequence for the activity for which the
8
sanctions were imposed.
9
(2) NOTIFICATION.—Not later than 15 days be-
10
fore the date on which the application of sanctions
11
imposed with respect to a foreign person is termi-
12
nated under paragraph (1), the Secretary of State
13
shall submit to the appropriate congressional com-
14
mittees a report that—
15
(A) describes the evidence and justification
16
for the necessity of the termination; and
17
(B) explains how the termination of the
18
application of sanctions is in the national secu-
19
rity interests of the United States.
20
(h) TERMINATION OF AUTHORITY TO IMPOSE SANC-
21
TIONS.—The authority to impose sanctions under this sec-
22
tion with respect to a foreign person described in sub-
23
section (b) shall terminate on the date on which the Presi-
24
dent certifies to the appropriate congressional committees
25
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•HR 229 IH
that an independent, unimpeded investigation into the po-
1
tential origin of COVID–19 from the Wuhan Institute of
2
Virology has taken place.
3
(i) EXCEPTION RELATING
TO IMPORTATION
OF
4
GOODS.—
5
(1) IN GENERAL.—The authorities and require-
6
ments to impose sanctions under this section shall
7
not include the authority or requirement to impose
8
sanctions on the importation of goods.
9
(2) GOOD
DEFINED.—In this subsection, the
10
term ‘‘good’’ means any article, natural or man-
11
made substance, material, supply or manufactured
12
product, including inspection and test equipment,
13
and excluding technical data.
14
SEC. 3. PROHIBITION ON NEW CONTRACTS.
15
(a) INSTITUTIONS OF HIGHER EDUCATION.—
16
(1) IN GENERAL.—No Federal funds may be
17
made available to an institution of higher education
18
(as defined in section 102 of the Higher Education
19
Act of 1965 (20 U.S.C. 1002)) that enters into a
20
contract with—
21
(A) any element or department of the Na-
22
tional Health Commission of the People’s Re-
23
public of China;
24
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•HR 229 IH
(B) any agency or office that reports to
1
the National Health Commission of the People’s
2
Republic of China; or
3
(C) any Chinese-based entity affiliated
4
with the National Health Commission of the
5
People’s Republic of China.
6
(2) PROGRAM
PARTICIPATION
AGREEMENTS
7
UNDER THE HIGHER EDUCATION ACT OF 1965.—Sec-
8
tion 487(a) of the Higher Education Act of 1965
9
(20 U.S.C. 1094(a)) is amended by adding at the
10
end the following:
11
‘‘(30) The institution will not enter into a con-
12
tract with—
13
‘‘(A) any element or department of the Na-
14
tional Health Commission of the People’s Re-
15
public of China;
16
‘‘(B) any agency or office that reports to
17
the National Health Commission of the People’s
18
Republic of China; or
19
‘‘(C) any Chinese-based entity affiliated
20
with the National Health Commission of the
21
People’s Republic of China.’’.
22
(b) NATIONAL ACADEMY OF SCIENCES.—No Federal
23
funds made available to the National Academy of Sciences
24
may be used to enter into a contract with—
25
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•HR 229 IH
(1) any element or department of the National
1
Health Commission of the People’s Republic of
2
China;
3
(2) any agency or office that reports to the Na-
4
tional Health Commission of the People’s Republic
5
of China; or
6
(3) any Chinese-based entity affiliated with the
7
National Health Commission of the People’s Repub-
8
lic of China.
9
SEC. 4. REVIEW OF NIH FUNDING.
10
Not later than 6 months after the date of enactment
11
of this Act, the Comptroller General of the United States,
12
in consultation with the Director of National Intelligence,
13
shall—
14
(1) conduct a full review of all funds made
15
available by the National Institutes of Health, di-
16
rectly or indirectly, during or after fiscal year 2010,
17
to—
18
(A) the National Health Commission of the
19
People’s Republic of China;
20
(B) any agency or office that reports to
21
the National Health Commission of the People’s
22
Republic of China; or
23
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•HR 229 IH
(C) any Chinese-based entity that is affili-
1
ated with the National Health Commission of
2
the People’s Republic of China;
3
(2) make publicly available, and submit to the
4
Congress, a report on the results of such review; and
5
(3) in such report, clearly identify any funds
6
described in paragraph (1) that were used for gain
7
of function research.
8
SEC. 5. SENSE OF CONGRESS.
9
It is the sense of Congress that given Taiwan’s early
10
alerting to the global health community on the dangers
11
of COVID–19 while senior officials in the Chinese Com-
12
munist Party downplayed COVID–19 Taiwan should be
13
granted observer status in the World Health Assembly
14
(WHA).
15
SEC. 6. DEFINITIONS.
16
In this Act:
17
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’
18
and ‘‘alien’’ have the meanings given those terms in
19
section 101 of the Immigration and Nationality Act
20
(8 U.S.C. 1001).
21
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
22
TEES.—The term ‘‘appropriate congressional com-
23
mittees’’ means—
24
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•HR 229 IH
(A) the Committee on Foreign Affairs, the
1
Committee on Appropriations, and the Com-
2
mittee on Financial Services of the House of
3
Representatives; and
4
(B) the Committee on Foreign Relations,
5
the Committee on Appropriations, and the
6
Committee on Banking, Housing, and Urban
7
Affairs of the Senate.
8
(3) FOREIGN PERSON.—The term ‘‘foreign per-
9
son’’ means a person that is not a United States
10
person.
11
(4) INTELLIGENCE
COMMUNITY.—The term
12
‘‘intelligence community’’ has the meaning given
13
that term in section 3(4) of the National Security
14
Act of 1947 (50 U.S.C. 3003(4)).
15
(5)
KNOWINGLY.—The
term
‘‘knowingly’’
16
means, with respect to conduct, a circumstance, or
17
a result, that a person has actual knowledge, or
18
should have known, of the conduct, the cir-
19
cumstance, or the result.
20
(6) PERSON.—The term ‘‘person’’ means an in-
21
dividual or entity.
22
(7)
UNITED
STATES
PERSON.—The
term
23
‘‘United States person’’ means—
24
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•HR 229 IH
(A) a United States citizen, an alien law-
1
fully admitted for permanent residence to the
2
United States, or any other individual subject
3
to the jur
[Text truncated for display. Full text available on Congress.gov.]