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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sanctioning and High5 lighting Authoritarian Medicine and Eugenics Act of 

6 2020’’ or the ‘‘SHAME Act’’. 


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•S 4799 IS

1 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 FORCED ABORTIONS BY THE GOVERNMENT 

3 OF THE PEOPLE’S REPUBLIC OF CHINA. 

4 (a) IN GENERAL.—The President shall impose the 

5 sanctions described in subsection (c) with respect to each 

6 person identified under subsection (b)(1)(A). 

7 (b) REPORT REQUIRED.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, and an10 nually thereafter, the Secretary of State shall submit 

11 to the appropriate congressional committees a report 

12 that— 

13 (A) identifies any official or agency of the 

14 Government of the People’s Republic of China 

15 and any member of the Chinese Communist 

16 Party that the Secretary determines knowingly 

17 orders, controls, or directs, or routinely con18 ducts any action to carry out, a coercive birth19 limitation policy carried out in Xinjiang Uyghur 

20 Autonomous Region or upon residents of that 

21 region, including involuntary abortions, involun22 tary sterilizations, mandatory contraception use 

23 or contraceptive implantation, deceptive contra24 ceptive implantation, government control of 

25 birth spacing, or mandatory birth permits; and 


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1 (B) includes a determination of whether 

2 the action described in subparagraph (A) of a 

3 person identified under that subparagraph was 

4 motivated or carried out against an individual 

5 on the basis of the identity, including race, reli6 gion, or ethnicity of the individual. 

7 (2) SOURCES OF INFORMATION.—In preparing 

8 the report required under paragraph (1), the Sec9 retary may use any publication, database, web-based 

10 resource, public information compiled by any govern11 ment agency, and any information collected or com12 piled by a nongovernmental organization or other 

13 entity provided to or made available to the Sec14 retary, that the Secretary finds credible. 

15 (3) FORM OF REPORT.—The report required 

16 under paragraph (1) shall be submitted in unclassi17 fied form, but may include a classified index. 

18 (4) PUBLICLY AVAILABLE LIST.—Not later 

19 than 30 days after the date on which a report is 

20 submitted to the appropriate congressional commit21 tees under paragraph (1), the Secretary, in coordi22 nation with Secretary of the Treasury and the Di23 rector of National Intelligence, shall publish on a 

24 publicly available internet website maintained by the 


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1 Department of State, in English and Mandarin Chi2 nese— 

3 (A) a list of each person identified under 

4 paragraph (1)(A); 

5 (B) a description of the location where the 

6 action for which the person was so identified oc7 curred; 

8 (C) a determination with respect to wheth9 er that action was motivated or carried out 

10 against an individual on the basis of the iden11 tity, including race, religion, or ethnicity of the 

12 individual; and 

13 (D) a statement of whether that person 

14 has been designated for the imposition of sanc15 tions pursuant to the Global Magnitsky Human 

16 Rights Accountability Act (subtitle F of title 

17 XII of Public Law 114–328; 22 U.S.C. 2656 

18 note). 

19 (c) SANCTIONS DESCRIBED.— 

20 (1) IN GENERAL.—The sanctions described in 

21 this subsection are the following: 

22 (A) PROPERTY BLOCKING.—The President 

23 shall, pursuant to the International Emergency 

24 Economic Powers Act (50 U.S.C. 1701 et seq.), 

25 block and prohibit all transactions in property 


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1 and interests in property of a person identified 

2 under subsection (b)(1)(A) if such property and 

3 interests in property are in the United States, 

4 come within the United States, or are or come 

5 within the possession or control of a United 

6 States person. 

7 (B) ALIENS INELIGIBLE FOR VISAS, AD8 MISSION, OR PAROLE.— 

9 (i) EXCLUSION FROM THE UNITED

10 STATES.—The Secretary of State shall 

11 deny a visa to, and the Secretary of Home12 land Security shall exclude from the 

13 United States, any alien identified under 

14 subsection (b)(1)(A). 

15 (ii) CURRENT VISAS REVOKED.— 

16 (I) IN GENERAL.—The issuing 

17 consular officer, the Secretary of 

18 State, or the Secretary of Homeland 

19 Security (or a designee of any such 

20 officer or Secretary) shall revoke any 

21 visa or other entry documentation 

22 issued to an alien identified under 

23 subsection (b)(1)(A), regardless of 

24 when the visa or other documentation 

25 was issued. 


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1 (II) EFFECT OF REVOCATION.— 

2 A revocation under subclause (I) shall 

3 take effect immediately and shall 

4 automatically cancel any other valid 

5 visa or entry documentation that is in 

6 the alien’s possession. 

7 (2) INAPPLICABILITY OF NATIONAL EMER8 GENCY REQUIREMENT.—The requirements under 

9 section 202 of the International Emergency Eco10 nomic Powers Act (50 U.S.C. 1701) shall not apply 

11 for purposes of paragraph (1)(A). 

12 (d) EXCEPTIONS.— 

13 (1) INTELLIGENCE ACTIVITIES.—This section 

14 shall not apply with respect to activities subject to 

15 the reporting requirements under title V of the Na16 tional Security Act of 1947 (50 U.S.C. 3091 et seq.) 

17 or any authorized intelligence activities of the United 

18 States. 

19 (2) COMPLIANCE WITH UNITED NATIONS HEAD20 QUARTERS AGREEMENT.—Subsection (c)(1)(B) shall 

21 not apply with respect to the admission of an alien 

22 to the United States if such admission is necessary 

23 to comply with United States obligations under the 

24 Agreement between the United Nations and the 

25 United States of America regarding the HeadVerDate Sep 11 2014 03:46 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4799.IS S4799

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1 quarters of the United Nations, signed at Lake Suc2 cess June 26, 1947, and entered into force Novem3 ber 21, 1947, under the Convention on Consular Re4 lations, done at Vienna April 24, 1963, and entered 

5 into force March 19, 1967, or under other inter6 national obligations. 

7 (e) IMPLEMENTATION; PENALTIES.— 

8 (1) IMPLEMENTATION.—The President may ex9 ercise all authorities provided under sections 203 

10 and 205 of the International Emergency Economic 

11 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

12 this section. 

13 (2) PENALTIES.—A person that violates, at14 tempts to violate, conspires to violate, or causes a 

15 violation of subsection (c)(1)(A) or any regulation, 

16 license, or order issued to carry out that subsection 

17 shall be subject to the penalties set forth in sub18 sections (b) and (c) of section 206 of the Inter19 national Emergency Economic Powers Act (50 

20 U.S.C. 1705) to the same extent as a person that 

21 commits an unlawful act described in subsection (a) 

22 of that section. 

23 (f) DEFINITIONS.—In this section: 

24 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

25 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 


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1 meanings given those terms in section 101 of the 

2 Immigration and Nationality Act (8 U.S.C. 1101). 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Relations of 

7 the Senate; and 

8 (B) the Committee on Foreign Affairs of 

9 the House of Representatives. 

10 (3) PERSON.—The term ‘‘person’’ means an in11 dividual or entity, including a governmental entity. 

12 (4) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means— 

14 (A) a United States citizen or an alien law15 fully admitted to the United States for perma16 nent residence; or 

17 (B) an entity organized under the laws of 

18 the United States or any jurisdiction within the 

19 United States. 

Æ 


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