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. 
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 ‘‘Designating the Chi-
nese Communist Party as a Transnational Organized 
Crime Group Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The 90,000,000 members of the Chinese 
Communist Party (referred in this Act as the 
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
‘‘CCP’’) are the sole ruling political party of the 
People’s Republic of China (PRC) under the direc-
tion of General Secretary Xi Jinping. 
(2) On June 30, 2020, in direct violation of the 
Sino-British Joint Declaration, the PRC passed a 
draconian national security law for Hong Kong that 
gives the ruling CCP sweeping new powers over the 
semi-autonomous city of Hong Kong. 
(3) The national security law allows mainland 
Chinese officials to operate in Hong Kong and gives 
Beijing the power to subjugate the people of Hong 
Kong to the dictums of the CCP. 
(4) The physical wellbeing of foreign nationals 
is at risk under the CCP’s new National Security 
Law. 
(5) In response to the CCP-led human rights 
violations of unjust abuse and detention perpetrated 
against the Uyghurs, Secretary of State Mike 
Pompeo announced on July 9, 2020, that the Trump 
administration would bar the entry of the following 
three prominent CCP officials into the United 
States— 
(A) Chen Quanguo, the Communist Par-
ty’s Secretary of the Xinjiang Uyghur Autono-
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
mous Region (XUAR) in Northwest China and 
a member of the Politburo; 
(B) Zhu Hailun, Party Secretary of the 
Xinjiang 
Political 
and 
Legal 
Committee 
(XPLC); and 
(C) Wang Mingshan, Party Secretary of 
the Xinjiang Public Security Bureau (XPSB). 
(6) On July 13, 2020, the Chinese Foreign 
Ministry imposed sanctions against four United 
States officials, including Senator Ted Cruz of 
Texas, Senator Marco Rubio of Florida, Representa-
tive Chris Smith of New Jersey, and the Honorable 
Sam Brownback, United States Ambassador for 
International Religious Freedom, in retaliation to 
Mr. Pompeo’s July 9th announcement. 
(7) On September 22, 2020, the House of Rep-
resentatives passed H.R. 6210, the Uyghur Forced 
Labor Prevention Act, in a wide, bi-partisan man-
ner. 
(8) Despite China’s promise to confirm all 
forms of fentanyl as a class of drugs effective May 
1, 2019, the PRC remained the primary source of 
fentanyl trafficked into the United States last year, 
according to a 2020 DEA Intelligence Report. 
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
(9) Fentanyl is 50 to 100 times more potent 
than morphine and killed 18,335 Americans in 
2018. 
(10) Chinese scientists and authorities knew 
about the coronavirus as early as December 2019, 
but were ordered by Chinese government officials on 
January 3, 2020, to transfer samples to state insti-
tutions or destroy them. 
(11) The CCP refused to allow the World 
Health Organization to visit their country and re-
fused repeated offers of assistance from the U.S. 
Centers for Disease Control throughout the month 
of January 2020. 
(12) The Chinese government did not concede 
clear evidence of human-to-human transmission of 
the coronavirus until January 19, 2020. 
(13) China chose to lock down the city of 
Wuhan on January 23, 2020, but not before 
5,000,000 people had already left the city. 
(14) Chinese doctors who attempted to provide 
transparency regarding the consequences of the 
SARS–CoV–2 virus were arbitrarily arrested, and 
several remain unaccounted for. 
(15) The Chinese government imposed travel 
bans on its own people but told other nations, in-
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
cluding neighboring ones, that similar restrictions 
were unnecessary. 
(16) There have been more than 200,000 
deaths from COVID–19 in the United States and 
approximately 980,000 deaths, globally. 
(17) The Director of the Federal Bureau of In-
vestigation Christopher Wray recently described ‘‘the 
greatest long-term threat to our Nation’s informa-
tion and intellectual property, and to our economic 
vitality, is the counterintelligence and economic espi-
onage threat from China.’’. 
(18) Director Wray unequivocally identified the 
source of this economic espionage, malignant foreign 
influence, and menacing threat: ‘‘when I speak of 
the threat from China, I mean the Government of 
China and the Chinese Communist Party.’’. 
(19) According to the updated 2017 report 
issued by the Commission on the Theft of American 
Intellectual Property, the PRC is responsible for co-
ordinating a massive campaign in intellectual prop-
erty 
theft, 
stealing 
anywhere 
between 
$250,000,000,000 and $600,000,000,000 annually 
from the United States. 
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
(20) The IP Commission’s estimate does not in-
clude the ‘‘full cost of patent infringement—an area 
sorely in need of greater research’’. 
(21) The United States Trade Representative 
has confirmed the findings of the 2017 IP Commis-
sion’s report. 
(22) The IP Commission found that forced 
technology transfer accounts for anywhere from 
$180,000,000,000 to $540,000,000,000 per year in 
lost value for the United States economy; of that 
value, the IP Commission also found that China ac-
counts for the most of that theft. 
(23) According to Director Wray, the level of 
the CCP criminality is so widespread and volumi-
nous that ‘‘the FBI is opening a new China-related 
counterintelligence case about every 10 hours and of 
the nearly 5,000 active FBI counterintelligence cases 
currently underway across the country, almost half 
are related to China.’’. 
(24) The nonprofit investigative body, China 
Tribunal, detailed in their March 2020 report that 
the CCP’s campaign of forced organ harvesting 
against innocent victims could constitute one of the 
world’s ‘‘worst atrocities committed’’ in modern 
times. 
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
(25) The 2019 report issued by the Congres-
sional-Executive Commission on China described the 
failure of the CCP to protect the human rights of 
its citizens: ‘‘[The 2019 report] found that the 
human rights situation has worsened and the rule of 
law continues to deteriorate, as the Chinese Govern-
ment and Party increasingly used regulations and 
laws to assert social and political control. . . The 
abuse of criminal law and police power to target 
rights advocates, religious believers, and ethnic mi-
nority groups also continues unabated, and reporting 
on such abuses became increasingly restricted.’’. 
(26) The criminally negligent actions taken by 
the CCP following their discovery of the coronavirus 
have contributed to the loss of millions of American 
jobs and the onset of a global recession. 
SEC. 3. DESIGNATION OF CHINESE COMMUNIST PARTY. 
(a) TRANSNATIONAL ORGANIZED CRIME GROUP.— 
On the date of the enactment of this Act, the Attorney 
General shall designate the Chinese Communist Party as 
a transnational organized crime group. 
(b) INTERNATIONAL CRIMINAL ORGANIZATIONS TAR-
GET LIST.—On the date of the enactment of this Act, the 
Director of the Federal Bureau of Investigation shall des-
ignate the Chinese Communist Party as a top inter-
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
national criminal organization for the Department of Jus-
tice. 
SEC. 4. AMENDMENT FOR PROSECUTION OF CHINESE COM-
MUNIST PARTY. 
(a) IN GENERAL.—Chapter 96 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1969. Applying certain provisions for purpose of 
prosecuting Chinese Communist Party. 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of the ‘Designating the Chinese 
Communist Party as a Transnational Organized Crime 
Group Act’, the Attorney General shall report to the For-
eign Affairs Committee and Permanent Select Committee 
on Intelligence of the House of Representatives and the 
Foreign Relations Committee and Select Committee on In-
telligence of the Senate, including— 
‘‘(1) the rationale for the designation of the 
Chinese Communist Party as a transnational orga-
nized crime group under section 3 of the ‘Desig-
nating 
the 
Chinese 
Communist 
Party 
as 
a 
Transnational Organized Crime Group Act’; 
‘‘(2) the number and extent of a racketeering 
activity (as defined under section 1961(1)) com-
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS
mitted, aided, or abetted by the Chinese Communist 
Party; and 
‘‘(3) recommendations for penalties pursuant to 
sections 1963 or 1964, with respect to any violation 
of section 1962. 
‘‘(b) STATUTE OF LIMITATION.—No statute of limi-
tation that would otherwise preclude prosecution for an 
offense involving a racketeering activity (as defined under 
section 1961(1)) shall preclude such prosecution before 
the date that is 15 years after the date on which such 
activity is committed by the Chinese Communist Party. 
‘‘(c) LEGAL LIABILITIES.—The protections against 
legal liability offered to any agency or instrumentality of 
a foreign state under chapter 97 of title 28, United States 
Code, or any other provision of law, shall not apply to the 
Chinese Communist Party during an investigation of the 
commission of a racketeering activity (as defined under 
section 1961(1)) or if the Chinese Communist Party is 
charged with committing a racketeering activity (as de-
fined under section 1961(1)).’’. 
(b) CLERICAL AMENDMENT.—Chapter 96 of title 18, 
United States Code, in the table of contents is amended 
by adding at the end the following: 
‘‘1969. Applying certain provisions for purpose of prosecuting Chinese Com-
munist Party.’’. 
Æ 
VerDate Sep 11 2014 
01:45 Oct 31, 2020
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H8491.IH
H8491
pbinns on DSKJLVW7X2PROD with BILLS