I 

116TH CONGRESS 

2D SESSION H. R. 8491 

To designate the Chinese Communist Party (CCP) as a transnational 

organized crime group. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2020 

Mr. PERRY (for himself, Mr. BURCHETT, and Mr. DESJARLAIS) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To designate the Chinese Communist Party (CCP) as a 

transnational organized crime group. 

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 ‘‘Designating the Chi5 nese Communist Party as a Transnational Organized 

6 Crime Group Act’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 

9 (1) The 90,000,000 members of the Chinese 

10 Communist Party (referred in this Act as the 


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1 ‘‘CCP’’) are the sole ruling political party of the 

2 People’s Republic of China (PRC) under the direc3 tion of General Secretary Xi Jinping. 

4 (2) On June 30, 2020, in direct violation of the 

5 Sino-British Joint Declaration, the PRC passed a 

6 draconian national security law for Hong Kong that 

7 gives the ruling CCP sweeping new powers over the 

8 semi-autonomous city of Hong Kong. 

9 (3) The national security law allows mainland 

10 Chinese officials to operate in Hong Kong and gives 

11 Beijing the power to subjugate the people of Hong 

12 Kong to the dictums of the CCP. 

13 (4) The physical wellbeing of foreign nationals 

14 is at risk under the CCP’s new National Security 

15 Law. 

16 (5) In response to the CCP-led human rights 

17 violations of unjust abuse and detention perpetrated 

18 against the Uyghurs, Secretary of State Mike 

19 Pompeo announced on July 9, 2020, that the Trump 

20 administration would bar the entry of the following 

21 three prominent CCP officials into the United 

22 States— 

23 (A) Chen Quanguo, the Communist Par24 ty’s Secretary of the Xinjiang Uyghur AutonoVerDate Sep 11 2014 01:45 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8491.IH H8491

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1 mous Region (XUAR) in Northwest China and 

2 a member of the Politburo; 

3 (B) Zhu Hailun, Party Secretary of the 

4 Xinjiang Political and Legal Committee 

5 (XPLC); and 

6 (C) Wang Mingshan, Party Secretary of 

7 the Xinjiang Public Security Bureau (XPSB). 

8 (6) On July 13, 2020, the Chinese Foreign 

9 Ministry imposed sanctions against four United 

10 States officials, including Senator Ted Cruz of 

11 Texas, Senator Marco Rubio of Florida, Representa12 tive Chris Smith of New Jersey, and the Honorable 

13 Sam Brownback, United States Ambassador for 

14 International Religious Freedom, in retaliation to 

15 Mr. Pompeo’s July 9th announcement. 

16 (7) On September 22, 2020, the House of Rep17 resentatives passed H.R. 6210, the Uyghur Forced 

18 Labor Prevention Act, in a wide, bi-partisan man19 ner. 

20 (8) Despite China’s promise to confirm all 

21 forms of fentanyl as a class of drugs effective May 

22 1, 2019, the PRC remained the primary source of 

23 fentanyl trafficked into the United States last year, 

24 according to a 2020 DEA Intelligence Report. 


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1 (9) Fentanyl is 50 to 100 times more potent 

2 than morphine and killed 18,335 Americans in 

3 2018. 

4 (10) Chinese scientists and authorities knew 

5 about the coronavirus as early as December 2019, 

6 but were ordered by Chinese government officials on 

7 January 3, 2020, to transfer samples to state insti8 tutions or destroy them. 

9 (11) The CCP refused to allow the World 

10 Health Organization to visit their country and re11 fused repeated offers of assistance from the U.S. 

12 Centers for Disease Control throughout the month 

13 of January 2020. 

14 (12) The Chinese government did not concede 

15 clear evidence of human-to-human transmission of 

16 the coronavirus until January 19, 2020. 

17 (13) China chose to lock down the city of 

18 Wuhan on January 23, 2020, but not before 

19 5,000,000 people had already left the city. 

20 (14) Chinese doctors who attempted to provide 

21 transparency regarding the consequences of the 

22 SARS–CoV–2 virus were arbitrarily arrested, and 

23 several remain unaccounted for. 

24 (15) The Chinese government imposed travel 

25 bans on its own people but told other nations, inVerDate Sep 11 2014 01:45 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8491.IH H8491

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1 cluding neighboring ones, that similar restrictions 

2 were unnecessary. 

3 (16) There have been more than 200,000 

4 deaths from COVID–19 in the United States and 

5 approximately 980,000 deaths, globally. 

6 (17) The Director of the Federal Bureau of In7 vestigation Christopher Wray recently described ‘‘the 

8 greatest long-term threat to our Nation’s informa9 tion and intellectual property, and to our economic 

10 vitality, is the counterintelligence and economic espi11 onage threat from China.’’. 

12 (18) Director Wray unequivocally identified the 

13 source of this economic espionage, malignant foreign 

14 influence, and menacing threat: ‘‘when I speak of 

15 the threat from China, I mean the Government of 

16 China and the Chinese Communist Party.’’. 

17 (19) According to the updated 2017 report 

18 issued by the Commission on the Theft of American 

19 Intellectual Property, the PRC is responsible for co20 ordinating a massive campaign in intellectual prop21 erty theft, stealing anywhere between 

22 $250,000,000,000 and $600,000,000,000 annually 

23 from the United States. 


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1 (20) The IP Commission’s estimate does not in2 clude the ‘‘full cost of patent infringement—an area 

3 sorely in need of greater research’’. 

4 (21) The United States Trade Representative 

5 has confirmed the findings of the 2017 IP Commis6 sion’s report. 

7 (22) The IP Commission found that forced 

8 technology transfer accounts for anywhere from 

9 $180,000,000,000 to $540,000,000,000 per year in 

10 lost value for the United States economy; of that 

11 value, the IP Commission also found that China ac12 counts for the most of that theft. 

13 (23) According to Director Wray, the level of 

14 the CCP criminality is so widespread and volumi15 nous that ‘‘the FBI is opening a new China-related 

16 counterintelligence case about every 10 hours and of 

17 the nearly 5,000 active FBI counterintelligence cases 

18 currently underway across the country, almost half 

19 are related to China.’’. 

20 (24) The nonprofit investigative body, China 

21 Tribunal, detailed in their March 2020 report that 

22 the CCP’s campaign of forced organ harvesting 

23 against innocent victims could constitute one of the 

24 world’s ‘‘worst atrocities committed’’ in modern 

25 times. 


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1 (25) The 2019 report issued by the Congres2 sional-Executive Commission on China described the 

3 failure of the CCP to protect the human rights of 

4 its citizens: ‘‘[The 2019 report] found that the 

5 human rights situation has worsened and the rule of 

6 law continues to deteriorate, as the Chinese Govern7 ment and Party increasingly used regulations and 

8 laws to assert social and political control. . . The 

9 abuse of criminal law and police power to target 

10 rights advocates, religious believers, and ethnic mi11 nority groups also continues unabated, and reporting 

12 on such abuses became increasingly restricted.’’. 

13 (26) The criminally negligent actions taken by 

14 the CCP following their discovery of the coronavirus 

15 have contributed to the loss of millions of American 

16 jobs and the onset of a global recession. 

17 SEC. 3. DESIGNATION OF CHINESE COMMUNIST PARTY. 

18 (a) TRANSNATIONAL ORGANIZED CRIME GROUP.— 

19 On the date of the enactment of this Act, the Attorney 

20 General shall designate the Chinese Communist Party as 

21 a transnational organized crime group. 

22 (b) INTERNATIONAL CRIMINAL ORGANIZATIONS TAR23 GET LIST.—On the date of the enactment of this Act, the 

24 Director of the Federal Bureau of Investigation shall des25 ignate the Chinese Communist Party as a top interVerDate Sep 11 2014 01:45 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8491.IH H8491

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1 national criminal organization for the Department of Jus2 tice. 

3 SEC. 4. AMENDMENT FOR PROSECUTION OF CHINESE COM4 MUNIST PARTY. 

5 (a) IN GENERAL.—Chapter 96 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 1969. Applying certain provisions for purpose of 

9 prosecuting Chinese Communist Party. 

10 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

11 date of the enactment of the ‘Designating the Chinese 

12 Communist Party as a Transnational Organized Crime 

13 Group Act’, the Attorney General shall report to the For14 eign Affairs Committee and Permanent Select Committee 

15 on Intelligence of the House of Representatives and the 

16 Foreign Relations Committee and Select Committee on In17 telligence of the Senate, including— 

18 ‘‘(1) the rationale for the designation of the 

19 Chinese Communist Party as a transnational orga20 nized crime group under section 3 of the ‘Desig21 nating the Chinese Communist Party as a 

22 Transnational Organized Crime Group Act’; 

23 ‘‘(2) the number and extent of a racketeering 

24 activity (as defined under section 1961(1)) comVerDate Sep 11 2014 01:45 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8491.IH H8491

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1 mitted, aided, or abetted by the Chinese Communist 

2 Party; and 

3 ‘‘(3) recommendations for penalties pursuant to 

4 sections 1963 or 1964, with respect to any violation 

5 of section 1962. 

6 ‘‘(b) STATUTE OF LIMITATION.—No statute of limi7 tation that would otherwise preclude prosecution for an 

8 offense involving a racketeering activity (as defined under 

9 section 1961(1)) shall preclude such prosecution before 

10 the date that is 15 years after the date on which such 

11 activity is committed by the Chinese Communist Party. 

12 ‘‘(c) LEGAL LIABILITIES.—The protections against 

13 legal liability offered to any agency or instrumentality of 

14 a foreign state under chapter 97 of title 28, United States 

15 Code, or any other provision of law, shall not apply to the 

16 Chinese Communist Party during an investigation of the 

17 commission of a racketeering activity (as defined under 

18 section 1961(1)) or if the Chinese Communist Party is 

19 charged with committing a racketeering activity (as de20 fined under section 1961(1)).’’. 

21 (b) CLERICAL AMENDMENT.—Chapter 96 of title 18, 

22 United States Code, in the table of contents is amended 

23 by adding at the end the following: 

‘‘1969. Applying certain provisions for purpose of prosecuting Chinese Communist Party.’’. 

Æ 


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