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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Forced Abortion Con-
demnation Act’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Forced abortion was rightly denounced as a
crime against humanity by the Nuremberg War
Crimes Tribunal.
(2) For over 15 years there have been frequent
and credible reports of forced abortion and forced
sterilization in connection with the population con-
trol policies of the People’s Republic of China. These
reports indicate the following:
(A) Although it is the stated position of
the politburo of the Chinese Communist Party
that forced abortion and forced sterilization
have no role in the population control program,
in fact the Communist Chinese Government en-
courages both forced abortion and forced steri-
lization through a combination of strictly en-
forced birth quotas and immunity for local pop-
ulation control officials who engage in coercion.
Officials acknowledge that there have been in-
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stances of forced abortions and sterilization,
and no evidence has been made available to
suggest that the perpetrators have been pun-
ished.
(B) People’s Republic of China population
control officials, in cooperation with employers
and works unit officials, routinely monitor wom-
en’s menstrual cycles and subject women who
conceive without government authorization to
extreme psychological pressure, to harsh eco-
nomic sanctions, including unpayable fines and
loss of employment, and often to physical force.
(C) Official sanctions for giving birth to
unauthorized children include fines in amounts
several times larger than the per capita annual
incomes of residents of the People’s Republic of
China. In Fujian, for example, the average fine
is estimated to be twice a family’s gross annual
income. Families which cannot pay the fine may
be subject to confiscation and destruction of
their homes and personal property.
(D) Especially harsh punishments have
been inflicted on those whose resistance is moti-
vated by religion. For example, according to a
1995 Amnesty International report, the Catho-
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lic inhabitants of 2 villages in Hebei Province
were subjected to population control under the
slogan ‘‘better to have more graves than one
more child’’. Enforcement measures included
torture, sexual abuse, and the detention of re-
sisters’ relatives as hostages.
(E) Forced abortions in Communist China
often have taken place in the very late stages
of pregnancy.
(F) Since 1994 forced abortion and steri-
lization have been used in Communist China
not only to regulate the number of children, but
also to eliminate those who are regarded as de-
fective in accordance with the official eugenic
policy known as the ‘‘Natal and Health Care
Law’’.
SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF
PERSONS IN THE PEOPLE’S REPUBLIC OF
CHINA 
ENGAGED 
IN 
ENFORCEMENT 
OF
FORCED ABORTION POLICY.
The Secretary of State may not issue any visa to,
and the Attorney General may not admit to the United
States, any national of the People’s Republic of China, in-
cluding any official of the Communist Party or the Gov-
ernment of the People’s Republic of China and its re-
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gional, local, and village authorities (except the head of
state, the head of government, and cabinet level ministers)
who the Secretary finds, based on credible information,
has been involved in the establishment or enforcement of
population control policies resulting in a woman being
forced to undergo an abortion against her free choice, or
resulting in a man or woman being forced to undergo ster-
ilization against his or her free choice.
SEC. 4. WAIVER.
The President may waive the requirement contained
in section 3 with respect to a national of the People’s Re-
public of China if the President—
(1) determines that it is in the national interest
of the United States to do so; and
(2) provides written notification to the Congress
containing a justification for the waiver.
Passed the House of Representatives November 6,
1997.
Attest:
Clerk.