II 

117TH CONGRESS 

1ST SESSION S. 2933 

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 SENATE OF THE UNITED STATES 

OCTOBER 5, 2021 

Mr. MARSHALL introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

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 purposes. 

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 ‘‘Chinese Communist 

5 Party Accountability Act of 2021’’. 


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•S 2933 IS

1 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CER2 TAIN MEMBERS OF THE CHINESE COM3 MUNIST PARTY AND HEADS OF CHINESE 

4 HEALTH AGENCIES RELATING TO THE 

5 COVID–19 PANDEMIC. 

6 (a) CHINESE COMMUNIST PARTY MEMBERS.— 

7 (1) IN GENERAL.—The President shall impose 

8 the sanctions described in section 1263 of the Global 

9 Magnitsky Human Rights Accountability Act (22 

10 U.S.C. 2656 note) with respect to any foreign per11 son who is an official of the Chinese Communist 

12 Party that the President determines is knowingly re13 sponsible for, complicit in, or has directly or indi14 rectly engaged in— 

15 (A) the disappearances of whistleblowers 

16 and citizen journalists in the People’s Republic 

17 of China relating to the COVID–19 pandemic; 

18 or 

19 (B) the establishment of limits on freedom 

20 of speech and academic freedom in the People’s 

21 Republic of China relating to the COVID–19 

22 pandemic. 

23 (2) COORDINATION.—The President shall co24 ordinate with the intelligence community for pur25 poses of identifying foreign persons under this sub26 section. 


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1 (b) CHINESE HEALTH AGENCIES HEADS.—The 

2 President shall impose the sanctions described in sub3 section (c) with respect to the following foreign persons: 

4 (1) Gao Fu, also known as George Fu Gao, the 

5 Director of the Center for Disease Control and Pre6 vention of the People’s Republic of China. 

7 (2) Ma Xiaowei, Minister of the National 

8 Health Commission of the People’s Republic of 

9 China. 

10 (c) SANCTIONS DESCRIBED.—The sanctions de11 scribed in this subsection with respect to a foreign person 

12 are the following: 

13 (1) BLOCKING OF PROPERTY.—The President 

14 shall exercise all of the powers granted to the Presi15 dent under the International Emergency Economic 

16 Powers Act (50 U.S.C. 1701 et seq.) (except that 

17 the requirements of section 202 of such Act (50 

18 U.S.C. 1701) shall not apply) to the extent nec19 essary to block and prohibit all transactions in prop20 erty and interests in property of the person if such 

21 property and interests in property are in the United 

22 States, come within the United States, or are or 

23 come within the possession or control of a United 

24 States person. 


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1 (2) INADMISSIBILITY TO THE UNITED STATES

2 AND REVOCATION OF VISA OR OTHER DOCUMENTA3 TION.— 

4 (A) INELIGIBILITY FOR VISA, ADMISSION, 

5 OR PAROLE.—The foreign person is— 

6 (i) inadmissible to the United States; 

7 (ii) ineligible to receive a visa or other 

8 documentation to enter the United States; 

9 and 

10 (iii) otherwise ineligible to be admitted 

11 or paroled into the United States or to re12 ceive any other benefit under the Immigra13 tion and Nationality Act (8 U.S.C. 1101 et 

14 seq.). 

15 (B) CURRENT VISA REVOKED.—The visa 

16 or other entry documentation of the foreign 

17 person shall be revoked, regardless of when 

18 such visa or other entry documentation is or 

19 was issued. A revocation under this subpara20 graph shall take effect immediately and auto21 matically cancel any other valid visa or entry 

22 documentation that is in the person’s posses23 sion. 

24 (d) EXCEPTIONS.— 


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•S 2933 IS

1 (1) TO COMPLY WITH UNITED NATIONS HEAD2 QUARTERS AGREEMENT.—Sanctions under sub3 section (c)(2) or described in section 1263(b)(2) of 

4 the Global Magnitsky Human Rights Accountability 

5 Act (22 U.S.C. 2656 note) shall not apply with re6 spect to a foreign person if admitting or paroling the 

7 foreign person into the United States is necessary to 

8 permit the United States to comply with the Agree9 ment regarding the Headquarters of the United Na10 tions, signed at Lake Success June 26, 1947, and 

11 entered into force November 21, 1947, between the 

12 United Nations and the United States, or other ap13 plicable international obligations. 

14 (2) TO CARRY OUT OR ASSIST LAW ENFORCE15 MENT ACTIVITIES.—Sanctions under subsection 

16 (c)(2) or described in section 1263(b)(2) of the 

17 Global Magnitsky Human Rights Accountability Act 

18 (22 U.S.C. 2656 note) shall not apply with respect 

19 to a foreign person if admitting or paroling the for20 eign person into the United States is necessary to 

21 carry out or assist law enforcement activity in the 

22 United States. 

23 (e) IMPLEMENTATION; PENALTIES.— 

24 (1) IMPLEMENTATION.—The President may ex25 ercise all authorities provided under sections 203 


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1 and 205 of the International Emergency Economic 

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

3 this section and shall issue such regulations, li4 censes, and orders as are necessary to carry out this 

5 section. 

6 (2) PENALTIES.—Any person that violates, at7 tempts to violate, conspires to violate, or causes a 

8 violation of this section or any regulation, license, or 

9 order issued to carry out this section shall be subject 

10 to the penalties provided for in subsections (b) and 

11 (c) of section 206 of the International Emergency 

12 Economic Powers Act (50 U.S.C. 1705) to the same 

13 extent as a person that commits an unlawful act de14 scribed in subsection (a) of that section. 

15 (f) WAIVER.—The President may waive the applica16 tion of sanctions imposed with respect to a foreign person 

17 under this section if the President— 

18 (1) determines that a waiver is in the national 

19 interest of the United States; and 

20 (2) not later than the date on which such waiv21 er will take effect, submits to the appropriate con22 gressional committees a notice of and justification 

23 for such waiver. 

24 (g) TERMINATION OF SANCTIONS WITH RESPECT TO

25 A FOREIGN PERSON.— 


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•S 2933 IS

1 (1) IN GENERAL.—The President may termi2 nate the application of sanctions imposed with re3 spect to a foreign person under this section if the 

4 President makes a determination that— 

5 (A) credible information exists that the 

6 person did not engage in the activity for which 

7 the sanctions were imposed; and 

8 (B) the person has— 

9 (i) credibly demonstrated a significant 

10 change in behavior; and 

11 (ii) been subject to an appropriate 

12 consequence for the activity for which the 

13 sanctions were imposed. 

14 (2) NOTIFICATION.—Not later than 15 days be15 fore the date on which the application of sanctions 

16 imposed with respect to a foreign person is termi17 nated under paragraph (1), the Secretary of State 

18 shall submit to the appropriate congressional com19 mittees a report that— 

20 (A) describes the evidence and justification 

21 for the necessity of the termination; and 

22 (B) explains how the termination of the 

23 application of sanctions is in the national secu24 rity interests of the United States. 


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•S 2933 IS

1 (h) TERMINATION OF AUTHORITY TO IMPOSE SANC2 TIONS.—The authority to impose sanctions under this sec3 tion with respect to a foreign person described in sub4 section (b) shall terminate on the date on which the Presi5 dent certifies to the appropriate congressional committees 

6 that an independent, unimpeded investigation into the po7 tential origin of COVID–19 from the Wuhan Institute of 

8 Virology has taken place. 

9 (i) EXCEPTION RELATING TO IMPORTATION OF

10 GOODS.— 

11 (1) IN GENERAL.—The authorities and require12 ments to impose sanctions under this section shall 

13 not include the authority or requirement to impose 

14 sanctions on the importation of goods. 

15 (2) GOOD DEFINED.—In this subsection, the 

16 term ‘‘good’’ means any article, natural or man17 made substance, material, supply or manufactured 

18 product, including inspection and test equipment, 

19 and excluding technical data. 

20 (j) DEFINITIONS.—In this section: 

21 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

22 and ‘‘alien’’ have the meanings given those terms in 

23 section 101 of the Immigration and Nationality Act 

24 (8 U.S.C. 1001). 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs, the 

5 Committee on Appropriations, and the Com6 mittee on Financial Services of the House of 

7 Representatives; and 

8 (B) the Committee on Foreign Relations, 

9 the Committee on Appropriations, and the 

10 Committee on Banking, Housing, and Urban 

11 Affairs of the Senate. 

12 (3) FOREIGN PERSON.—The term ‘‘foreign per13 son’’ means a person that is not a United States 

14 person. 

15 (4) INTELLIGENCE COMMUNITY.—The term 

16 ‘‘intelligence community’’ has the meaning given 

17 that term in section 3(4) of the National Security 

18 Act of 1947 (50 U.S.C. 3003(4)). 

19 (5) KNOWINGLY.—The term ‘‘knowingly’’ 

20 means, with respect to conduct, a circumstance, or 

21 a result, that a person has actual knowledge, or 

22 should have known, of the conduct, the cir23 cumstance, or the result. 

24 (6) PERSON.—The term ‘‘person’’ means an in25 dividual or entity. 


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•S 2933 IS

1 (7) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen, an alien law4 fully admitted for permanent residence to the 

5 United States, or any other individual subject 

6 to the jurisdiction of the United States; 

7 (B) an entity organized under the laws of 

8 the United States or of any jurisdiction within 

9 the United States, including a foreign branch of 

10 such entity; or 

11 (C) any person in the United States. 

Æ 


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