Ending China's Exit Ban for American Citizens Act of 2021
Bill: S.1138 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: International Affairs

Summary:
Ending China's Exit Ban for American Citizens Act of 2021
This bill bars an official of China's government from obtaining a visa to enter the United States if the official was involved in prohibiting a U.S. citizen from leaving China in an attempt to achieve certain goals, such as convincing a relative of the U.S. citizen to submit to Chinese government custody for prosecution. Any existing visa belonging to such an official shall be revoked.

To revoke or deny visas to Chinese officials involved in the 
  formulation or execution of a policy that prevents innocent United 
                  States citizens from leaving China.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending China's Exit Ban for American 
Citizens Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the Integrated Country Strategy for the 
        United States Mission to China, released on August 29, 2018--
                    (A) ``Chinese law enforcement and security services 
                employ extra-judicial means against U.S. citizens 
                without regard to international norms''; and
                    (B) exit bans ``are sometimes used to prevent U.S. 
                citizens who are not themselves suspected of a crime 
                from leaving China as a means to pressure their 
                relatives or associates who are wanted by Chinese law 
                enforcement in the United States''.
            (2) The Government of China has imposed exit bans on United 
        States citizens in the context of criminal charges and private 
        commercial disputes.
            (3) Imposing exit bans on foreign nationals is authorized 
        by Article 28 of the Exit and Entry Administration Law of the 
        People's Republic of China, which--
                    (A) lists the circumstances under which 
                ``foreigners shall not be allowed to exit China'', 
                including ``other circumstances in which exit shall not 
                be allowed in accordance with laws or administrative 
                regulations''; and
                    (B) assigns responsibility for administering exit/
                entry matters to the Ministry of Public Security and 
                the Ministry of Foreign Affairs, with public security 
                organs responsible for administering ``the stay and 
                residence of foreigners.
            (4) Such exit bans against United States citizens may 
        violate Article 35 of the Consular Convention Between the 
        United States of America and the People's Republic of China, 
        done at Washington September 17, 1980, which states that--
                    (A) if a United States national is ``placed under 
                any form of detention'', the Government of China shall 
                notify the United States consulate within 4 days; and
                    (B) a United States consular officer is entitled to 
                ``be informed of the reasons for which said national 
                has been arrested or detained in any manner.''
            (5) Such exit bans may also violate Article 36 of the 
        Vienna Convention on Consular Relations, done at Vienna April 
        24, 1963, and in effect in China as of August 1, 1979, which 
        requires the Government of China to ``without delay, inform the 
        consular post of the sending State if, within its consular 
        district, a national of that State . . . is detained in any 
        other manner.''.
            (6) Many United States citizens are not aware of a ban on 
        their exit until they attempt to leave China and once they are 
        made aware of the ban, Chinese authorities provide very little 
        information to the United States citizen, or to United States 
        consular officials regarding--
                    (A) the nature of the ban;
                    (B) which Chinese government entity is responsible 
                for the ban; and
                    (C) what procedures must be followed to resolve the 
                dispute related to the ban.
            (7) The apparent extra-judicial application of exit bans to 
        United States citizens presents a serious human rights concern 
        that violates due process rights to which United States 
        citizens are entitled under international law.

SEC. 3. INADMISSIBILITY OF CERTAIN ALIENS.

    (a) Ineligibility for Visas.--If the Secretary of State determines 
that an official of the Government of China has been substantially 
involved in the formulation or execution of a policy that prohibits 
certain United States citizens from leaving China in an attempt to 
convince a relative of such citizens to submit himself or herself into 
the custody of the Government of China for prosecution, to compel 
United States citizens to participate in Chinese government 
investigations, or to aid the Government of China in resolving civil 
disputes in favor of Chinese parties--
            (1) such official may not be issued a visa to enter the 
        United States or be admitted to the United States; and
            (2) any visa or other documentation to enter or to be 
        present in the United States that was previously issued to such 
        official shall be revoked by the Secretary of State, in 
        accordance with section 221(i) of the Immigration and 
        Nationality Act (8 U.S.C. 1201(i)).
    (b) Termination of Visa Ineligibility.--
            (1) In general.--The Secretary of State may terminate visa 
        ineligibility under subsection (a) with respect to an 
        individual if the Secretary of State makes a determination 
        that--
                    (A) credible information exists that the individual 
                did not engage in the activity for which visa 
                ineligibility was imposed;
                    (B) the individual has been prosecuted 
                appropriately for the activity for which visa 
                ineligibility was imposed;
                    (C) the individual has--
                            (i) credibly demonstrated a significant 
                        change in behavior;
                            (ii) been subject to an appropriate 
                        consequence for the activity for which visa 
                        ineligibility was imposed; and
                            (iii) credibly committed to not engage in 
                        an activity described in that subsection in the 
                        future; or
                    (D) the termination of visa ineligibility is in the 
                national security interests of the United States.
            (2) Notification.--Not later than 15 days before the date 
        on which visa ineligibility is terminated under paragraph (1) 
        with respect to an individual, the Secretary of State shall 
        submit a report to the Committee on Foreign Relations of the 
        Senate, the Committee on the Judiciary of the Senate, the 
        Committee on Foreign Affairs of the House of Representatives, 
        and the Committee on the Judiciary of the House of 
        Representatives that describes the justification for the 
        termination.
    (c) Annual Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter for the 
        following 5 years, the Secretary of State shall submit a report 
        to the congressional committees listed in subsection (b)(2) 
        that identifies--
                    (A) to the extent practicable, all of the Chinese 
                officials who were substantially involved in the 
                formulation or execution of a policy that prohibits 
                certain United States citizens from leaving China in an 
                attempt--
                            (i) to convince a relative of such citizens 
                        to submit himself or herself into the custody 
                        of the Government of China for prosecution;
                            (ii) to compel United States citizens to 
                        participate in Chinese government 
                        investigations; or
                            (iii) to aid the Government of China in 
                        resolving civil disputes in favor of Chinese 
                        parties;
                    (B) the individuals who have had visas denied or 
                revoked pursuant to subsection (a) during the preceding 
                year, including the dates on which such denials or 
                revocations were imposed or terminated, as applicable;
                    (C) the number of United States citizens who the 
                Government of China has prohibited from leaving China 
                for any of the reasons described in subsection (a); and
                    (D) for each of the United States citizens referred 
                to in subparagraph (C), the period during which they 
                have been forced to remain in China.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (3) Exclusion of personally identifiable information.--The 
        Secretary of State may not include any personally identifying 
        information of any United States citizen in any of the reports 
        submitted to Congress under paragraph (1).
            (4) Privacy act.--Any information obtained by the Secretary 
        of State to complete the report under this subsection shall be 
        subject to section 552a of title 5, United States Code 
        (commonly known as the ``Privacy Act'').
    (d) Waiver for National Interest.--
            (1) In general.--The Secretary of State may waive the 
        application of subsection (a) in the case of an alien if the 
        Secretary determines that such waiver--
                    (A) is necessary to permit the United States to 
                comply with the Agreement Regarding the Headquarters of 
                the United Nations, signed at Lake Success June 26, 
                1947, and entered into force November 21, 1947 (TIAS 
                1676), or any other applicable international obligation 
                of the United States; or
                    (B) is in the national interest of the United 
                States.
            (2) Notification.--Upon granting a waiver under paragraph 
        (1), the Secretary of State shall submit a report to the 
        congressional committees listed in subsection (b)(2) that--
                    (A) details the evidence and justification for the 
                necessity of such waiver; and
                    (B) if such waiver is granted pursuant to paragraph 
                (1)(B), explains how such waiver relates to the 
                national interest of the United States.
                                 <all>