I 
113TH CONGRESS 
2D SESSION 
H. R. 5379 
To impose sanctions on individuals that are responsible for the commission 
of serious and ongoing violations of human rights or gross violations 
of human rights against nationals of the People’s Republic of China 
or their family members, to protect universal freedoms in the People’s 
Republic of China, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2014 
Mr. SMITH of New Jersey introduced the following bill; which was referred 
to the Committee on Foreign Affairs, and in addition to the Committees 
on Financial Services, the Judiciary, and Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To impose sanctions on individuals that are responsible for 
the commission of serious and ongoing violations of 
human rights or gross violations of human rights against 
nationals of the People’s Republic of China or their 
family members, to protect universal freedoms in the 
People’s Republic of China, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘China Human Rights 
Protection Act of 2014’’. 
SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS RE-
SPONSIBLE FOR COMMISSION OF SERIOUS 
AND 
ONGOING 
VIOLATIONS 
OF 
HUMAN 
RIGHTS OR GROSS VIOLATIONS OF HUMAN 
RIGHTS AGAINST NATIONALS OF THE PEO-
PLE’S REPUBLIC OF CHINA OR THEIR FAMILY 
MEMBERS. 
(a) IN GENERAL.—Except as provided in subsection 
(e), the President shall— 
(1) impose sanctions described in paragraph 
(1)(A) of subsection (c) and paragraph (2) of such 
subsection (as applicable) with respect to each indi-
vidual on the list required by subsection (b)(1); and 
(2) impose sanctions described in subpara-
graphs (A) and (B) of subsection (c)(1) with respect 
to each individual on the list required by subsection 
(b)(2). 
(b) LISTS REQUIRED.— 
(1) INDIVIDUALS
RESPONSIBLE
FOR
COMMIS-
SION
OF
SERIOUS
AND
ONGOING
VIOLATIONS
OF 
HUMAN RIGHTS.—Not later than 120 days after the 
date of the enactment of this Act, the President 
shall submit to the appropriate congressional com-
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mittees a list of individuals that the President deter-
mines are responsible for or complicit in, or respon-
sible for directing, the commission of serious and on-
going violations of human rights against nationals of 
the People’s Republic of China or their family mem-
bers, regardless of whether such abuses occurred in 
China. 
(2) INDIVIDUALS RESPONSIBLE FOR GROSS VIO-
LATIONS OF HUMAN RIGHTS.—Not later than 120 
days after the date of the enactment of this Act, the 
President shall submit to the appropriate congres-
sional committees a list of individuals that the Presi-
dent determines— 
(A) are responsible for or complicit in, or 
responsible for directing, the commission of 
gross violations of human rights against nation-
als of the People’s Republic of China or their 
family members, regardless of whether such 
abuses occurred in China; or 
(B) have benefitted materially or finan-
cially from the commission of serious and ongo-
ing violations of human rights described in 
paragraph (1) or the commission of gross viola-
tions of human rights described in subpara-
graph (A). 
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(3) UPDATES OF LISTS.—The President shall 
submit to the appropriate congressional committees 
updated lists under paragraphs (1) and (2)— 
(A) not less frequently than on annual 
basis; and 
(B) as new information becomes available. 
(4) FORM; PUBLIC AVAILABILITY.— 
(A) FORM.—The lists required by para-
graphs (1) and (2) shall be submitted in unclas-
sified form but may contain a classified annex. 
(B) PUBLIC AVAILABILITY.—The unclassi-
fied portion of the lists required by paragraphs 
(1) and (2) shall be made available to the pub-
lic and published in the Federal Register. 
(5) NONAPPLICABILITY
OF
CONFIDENTIALITY 
REQUIREMENT WITH RESPECT TO VISA RECORDS.— 
The President shall publish the lists required by 
paragraphs (1) and (2) without regard to the re-
quirements of section 222(f) of the Immigration and 
Nationality Act (8 U.S.C. 1202(f)) with respect to 
confidentiality of records pertaining to the issuance 
or refusal of visas or permits to enter the United 
States. 
(c) SANCTIONS DESCRIBED.— 
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(1) IN GENERAL.—The sanctions described in 
this paragraph are the following: 
(A) PROHIBITION ON ENTRY AND ADMIS-
SION TO THE UNITED STATES.—In the case of 
an individual whose name appears on the list 
required by paragraph (1) or (2) of subsection 
(b)— 
(i) ineligibility to receive a visa to 
enter the United States or to be admitted 
to the United States; or 
(ii) if the individual has been issued a 
visa or other documentation, revocation, in 
accordance with section 221(i) of the Im-
migration and Nationality Act (8 U.S.C. 
1201(i)), of the visa or other documenta-
tion. 
(B) FINANCIAL SANCTIONS.— 
(i) IN GENERAL.—In the case of an 
individual whose name appears on the list 
required by subsection (b)(2), the Presi-
dent shall impose sanctions authorized 
pursuant to section 203 of the Inter-
national Emergency Economic Powers Act 
(50 U.S.C. 1702) with respect to the indi-
vidual, including blocking of the property 
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of, and restricting or prohibiting financial 
transactions and the exportation and im-
portation of property Act by, the individual 
if such property and interests in property 
are in the United States, come within the 
United States, or are or come within the 
possession or control of a United States 
person. 
(ii) INAPPLICABILITY
OF
NATIONAL 
EMERGENCY REQUIREMENT.—The require-
ments of section 202 of the International 
Emergency Economic Powers Act (50 
U.S.C. 1701) shall not apply for purposes 
of this subparagraph. 
(2) ADDITIONAL
SANCTIONS.—The sanctions 
described in this paragraph are the following: 
(A) INDIVIDUALS ON LIST FOR TWO CON-
SECUTIVE YEARS.—In the case of an individual 
whose name appears on the list required by 
subsection (b)(1) for two consecutive years but 
does not appear on the list required by sub-
section (b)(2) for such two consecutive years, 
the individual and any immediate family mem-
ber of the individual shall be ineligible to par-
ticipate in or receive any benefit from any pro-
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gram, project, or activity that is funded by the 
United States Government. 
(B) INDIVIDUALS
ON
LIST
FOR
THREE 
CONSECUTIVE YEARS.— 
(i) IN GENERAL.—In the case of an 
individual whose name appears on the list 
required by subsection (b)(1) for three con-
secutive years but does not appear on the 
list required by subsection (b)(2) for such 
three consecutive years, the President shall 
impose sanctions authorized pursuant to 
section 203 of the International Emer-
gency Economic Powers Act (50 U.S.C. 
1702) with respect to the individual, in-
cluding blocking of the property of, and re-
stricting or prohibiting financial trans-
actions and the exportation and importa-
tion of property Act by, the individual if 
such property and interests in property are 
in the United States, come within the 
United States, or are or come within the 
possession or control of a United States 
person. 
(ii) INAPPLICABILITY
OF
NATIONAL 
EMERGENCY REQUIREMENT.—The require-
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ments of section 202 of the International 
Emergency Economic Powers Act (50 
U.S.C. 1701) shall not apply for purposes 
of this subparagraph. 
(C) REGULATORY AUTHORITY.—The Presi-
dent shall issue such regulations, licenses, and 
orders as are necessary to carry out this para-
graph. 
(d) REQUESTS
BY CHAIRPERSON
AND RANKING 
MEMBER
OF APPROPRIATE CONGRESSIONAL COMMIT-
TEES.—Not later than 120 days after receiving a written 
request from the chairperson and ranking member of one 
of the appropriate congressional committees with respect 
to whether an individual has engaged in an activity de-
scribed in subsection (b)(1) or subsection (b)(2)(A) or 
meets the requirements of subparagraph (B) of subsection 
(b)(2), the President shall— 
(1) determine if that individual has engaged in 
such an activity or meets such requirements; and 
(2) submit to the chairperson and ranking 
member of that committee a report with respect to 
that determination that includes— 
(A) a statement of whether or not the 
President imposed or intends to impose sanc-
tions with respect to the individual; and 
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(B) if the President imposed or intends to 
impose sanctions, a description of those sanc-
tions. 
(e) EXCEPTION TO COMPLY WITH UNITED NATIONS 
HEADQUARTERS AGREEMENT.— 
(1) IN GENERAL.—Sanctions under paragraph 
(1) or (2) of subsection (c) shall not apply to an in-
dividual if admitting the individual into the United 
States is necessary to permit the United States to 
comply with the Agreement regarding the Head-
quarters of the United Nations, signed at Lake Suc-
cess June 26, 1947, and entered into force Novem-
ber 21, 1947, between the United Nations and the 
United States, or other applicable international obli-
gations of the United States. 
(2) NOTIFICATION.—The President shall sub-
mit to the appropriate congressional committees a 
notification that paragraph (1) applies to an indi-
vidual prior to the application of paragraph (1) to 
the individual. 
(f) TERMINATION
OF SANCTIONS.—The President 
may terminate the application of sanctions under sub-
section (c) with respect to an individual if the President 
determines and reports to the appropriate congressional 
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committees on the day the individual is removed from the 
list that— 
(1) credible information exists that the indi-
vidual did not engage in the activity for which sanc-
tions were imposed; 
(2) the individual has been prosecuted appro-
priately for the activity for which sanctions were im-
posed; or 
(3) the individual has credibly demonstrated a 
significant change in behavior, has paid an appro-
priate consequence for the activities for which sanc-
tions were imposed, and has credibly committed to 
not engage in an activity described in subparagraph 
(A) or (B) of subsection (b)(1) or meets the require-
ments of subparagraph (C) of subsection (b)(1). 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Financial Services, the Com-
mittee on Foreign Affairs, the Committee on 
Homeland Security, and the Committee on the 
Judiciary of the House of Representatives; and 
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(B) the Committee on Armed Services, the 
Committee on Banking, Housing, and Urban 
Affairs, the Committee on Foreign Relations, 
the Committee on Homeland Security and Gov-
ernmental Affairs, and the Committee on the 
Judiciary of the Senate. 
(2) HUMAN RIGHTS DEFINITIONS.— 
(A) 
GROSS
VIOLATIONS
OF
HUMAN 
RIGHTS.—The term ‘‘gross violations of human 
rights’’ means, with respect to an individual, 
the act of torture, forced disappearance, extra- 
judicial killing, rape, prolonged and harsh de-
tention, forced abortion or sterilization, or other 
severe and ongoing deprivations of individual 
liberty, including psychiatric or medical experi-
mentation or organ harvesting of the individual 
detained for exercising internationally guaran-
teed human rights. 
(B) SERIOUS
AND
ONGOING
VIOLATIONS 
OF
HUMAN
RIGHTS.—The term ‘‘serious and 
ongoing violations of human rights’’ means, 
with respect to an individual, violations of free-
dom of expression or Internet censorship, free-
dom of religion, freedom of assembly and asso-
ciation, or the right of due process such that 
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the individual is not able to engage freely in 
such activities without fear of arrest, intimida-
tion, arbitrary detention, property destruction 
or confiscation, heavy fines, or loss of jobs or 
professional status. 
(3) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a natural person who is a citizen of the 
United States or who owes permanent alle-
giance to the United States; and 
(B) a corporation or other legal entity 
which is organized under the laws of the United 
States, any State or territory thereof, or the 
District of Columbia, if natural persons de-
scribed in subparagraph (A) own, directly or in-
directly, more than 50 percent of the out-
standing capital stock or other beneficial inter-
est in such legal entity. 
SEC. 3. ESCALATING SANCTIONS FOR INDIVIDUALS WHO 
COMMIT ONGOING AND SERIOUS ABUSES OF 
INTERNATIONALLY 
RECOGNIZED 
HUMAN 
RIGHTS AGAINST CHINESE NATIONALS OR 
THEIR FAMILIES. 
(a) IN GENERAL.—Any individual who remains on 
the list created by section 2(b)(1)(A) for 2 consecutive 
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years, and is not specially identified for committing or 
being responsible for committing gross violations of inter-
nationally recognized human rights, shall incur additional 
penalties or sanctions, including the following: 
(1) Such individuals and their immediate family 
members shall be denied from engaging or benefit-
ting from any Federal program or institution. 
(2) The President shall require that the individ-
uals on list under section 2(b)(1)(A), and their im-
mediate family members, shall not engage in or ben-
efit from any Federal program or institution. 
(3) The President shall order the removal indi-
viduals on the list under section 2(b)(1)(A) and their 
immediate family members from any Federal pro-
gram or institution. 
(4) The President shall submit to the appro-
priate congressional committee not later than the 
last day of each fiscal year, a list of the family mem-
bers denied from engaging in or benefitting from 
any Federal program or institution. 
(5) Exceptions to this section may include those 
family members who are known to have publicly dis-
avowed the human rights abuses of individuals found 
on the list created by section 2(b)(1)(A) and those, 
who are enrolled in said Federal program or institu-
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tions, on the day before the list described in this sec-
tion is submitted to Congress. 
(b) CONTINUING OFFENDERS.—Any individual who 
remains on the list created by section (2)(b)(1)(A) for 
three consecutive years, and is not already specially identi-
fied for committing or being responsible for committing 
gross violations of internationally recognized human 
rights, shall incur additional penalties or sanctions such 
as: 
(1) FINANCIAL
SANCTIONS.—The President 
shall impose sanctions authorized pursuant to sec-
tion 203 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702) with respect to an in-
dividual whose name appears on the list required by 
section 2(b)(1), in including blocking of the property 
of, and restricting or prohibiting financial trans-
actions and the exportation and importation of prop-
erty Act if such property and interests in property 
are in the United States, come within the United 
States, or are or come within the possession or con-
trol of a United States person. 
(2) WAIVER.—The President may waive the ap-
plication of this subsection for the same reasons 
stated in section 2(e) above. 
(c) ENFORCEMENT.— 
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(1) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of this section or section 2(c) or 2(d) above 
or any regulation, license, or order issued to carry 
out said sections shall be subject to the penalties set 
forth in subsections (b) and (c) of section 206 of the 
International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as a person that 
commits gross violations of internationally recog-
nized human rights. 
(2) REQUIREMENTS FOR FINANCIAL INSTITU-
TIONS.—Not later than 120 days after the date of 
the enactment of this Act, the President shall pre-
scribe regulations requiring each financial institution 
that is a United States person and has within its 
possession or control assets that are property or in-
terests in property of a foreign person on the lists 
required by section 2(b)(1)(B) and those later iden-
tified in section 3(b) to certify to the President that, 
to the best of the knowledge of the financial institu-
tion, the financial institution has frozen all assets 
within the possession or control of the financial in-
stitution that are required to be frozen. 
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(d) REGULATORY AUTHORITY.—The Secretary of the 
Treasury shall issue such regulations, licenses, and orders 
as are necessary to carry out this section. 
(e) DEFINITION.—In this section, the term ‘‘Federal 
program or institution’’ means any program or institution 
that receives funds from the Federal Government. 
SEC. 4. TO FURTHER PROTECT THE INTERNATIONALLY 
RECOGNIZED RIGHT OF FREE EXPRESSION, 
ENSURE THE FREE FLOW OF INFORMATION, 
AND PROTECT FOREIGN JOURNALISTS AND 
MEDIA PERSONNEL IN CHINA. 
(a) LIMITATION ON I-VISAS.—Section 101(a)(15)(I) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(I)) is amended by inserting ‘‘subject to sec-
tion 214(s),’’ before ‘‘upon a basis’’. 
(b) RESTRICTIONS ON VISAS TO EXECUTIVES OF 
STATE-OWNED MEDIA.—Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184) is amended by add-
ing at the end the following: 
‘‘(s) RESTRICTIONS ON VISAS TO EXECUTIVES OF 
STATE-OWNED MEDIA.— 
‘‘(1) IN GENERAL.—In the case of aliens who 
are executives at a state-controlled media organiza-
tion from the People’s Republic of China and are 
seeking classification under section 101(a)(15)(I), 
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the visas may be refused to such aliens if any United 
States media personnel were expelled, had visas de-
nied, or faced intimidation or violence in the course 
of working in China in the prior fiscal year. 
‘‘(2) Visas to such aliens, in proportion to the 
expulsions, visa denials or delays experienced by 
U.S. journalists or media personnel working in 
China during the prior fiscal year, may be refused 
or delayed. 
‘‘(3) For purposes of this subsection— 
‘‘(A) the term ‘state-controlled media 
worker from the People’s Republic of China’ 
means a representative of a media organization 
owned, operated, or controlled by the People’s 
Republic of China, including— 
‘‘(i) China Central Television; 
‘‘(ii) China Daily; 
‘‘(iii) China National Radio; 
‘‘(iv) China News Service; 
‘‘(v) China Radio International; 
‘‘(vi) China Youth Daily; 
‘‘(vii) Economic Daily; 
‘‘(viii) Global Times; 
‘‘(ix) Guangming Daily; 
‘‘(x) Legal Daily; 
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‘‘(xi) Liberation Army Daily; 
‘‘(xii) People’s Daily; or 
‘‘(xiii) Xinhua News Agency. 
‘‘(B) REVOCATION
OF
CERTAIN
VISAS; 
NONIMMIGRANT
STATUS.—Not later than 30 
days after the date of the enactment of this sec-
tion, the President shall order the revocation, 
delay, or refusal of a sufficient number of visas 
already issued to executives of state-controlled 
media organizations from the People’s Republic 
of China in proportion to the expulsions, visa 
delays or denials, and intimidation experienced 
by personnel from U.S. journalist or media per-
sonnel organizations in the previous 12 months 
prior to the Act’s passage. 
‘‘(C) REPORTING
ON
RESTRICTIONS
ON 
FOREIGN MEDIA IN CHINA.—The Department 
of State, in the Annual Country Reports on 
Human Rights Conditions shall include infor-
mation and details on intimidation, travel re-
strictions, visa denials and delays, and expul-
sions of foreign media personnel from China 
and the censoring and blocking of media cor-
porations’ Web sites within China. 
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‘‘(D) SENSE
OF
CONGRESS.—It is the 
sense of Congress that restrictions on the ac-
tivities of U.S. journalists and media personnel 
in China and the censorship and blockage of 
news media Web sites damages the competitive-
ness of U.S. media corporations and should be 
considered a restriction of trade and an unfair 
competitive advantage benefitting Chinese gov-
ernment-controlled media organizations. As 
such, the U.S. Government should link to any 
bilateral investment treaty, currently being ne-
gotiated, language that guarantees fair treat-
ment of journalists, a reciprocal number of 
journalist visas, and free and unfettered oper-
ation of news Web sites in China.’’. 
Æ 
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