S.Amdt. 1928Senate117th Congress (2021-2023)2nd degree
S.Amdt. 1928
Sponsored by
Sen. Mitt Romney (R-UT)
Submitted May 24, 2021
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Senate amendment submitted
May 24, 2021
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Submitted
SA 1928. Mr. ROMNEY (for himself and Mr. Rubio) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows: In subtitle A of title II of division C, insert after section 3217 the following: SEC. 3218. REPORT AND SANCTIONS WITH RESPECT TO EFFORTS BY GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO CENSOR INFORMATION REGARDING THE PANDEMIC CAUSED BY SARS-COV-2. (a) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, the Secretary of Health and Human Services, and the heads of such other Federal agencies as the Director considers appropriate, shall submit to the appropriate committees of Congress a report on actions taken by the Government of the People's Republic of China to censor information regarding the pandemic caused by the SARS-CoV-2 virus. (2) Contents.--The report required by paragraph (1) shall include the following: (A) A review of the response, including any arbitrary detentions, forced disappearances, other retaliation, or suppression of freedom of expression, of the Government of the People's Republic of China to individuals who provided or attempted to provide accurate epidemiological information related to SARS-CoV-2 or warn of the potential seriousness or impact of SARS-CoV-2, including Li Wenliang and other doctors, journalists, other citizens of the People's Republic of China, and other relevant persons. (B) An identification of keywords banned by the internet firewall system of the Government of the People's Republic of China (known as the ``Great Firewall'') during the quarantine in Wuhan or thereafter relevant to the pandemic caused by SARS-CoV-2. (C) Any other elements that the Secretary considers relevant. (3) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (4) Public availability.--The Director shall make available to the public the unclassified portion of the report submitted under paragraph (1). (b) List of Government Officials.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, the Secretary of the Treasury, the Secretary of Health and Human Services, and the heads of such other Federal agencies as the Secretary of State considers appropriate, shall submit to the appropriate committees of Congress a list identifying officials of the Government of the People's Republic of China responsible for any of the following actions with respect to individuals who provided or attempted to provide accurate epidemiological information related to SARS-CoV-2 or warn of the potential seriousness or impact of SARS-CoV-2: (1) Arbitrary detention. (2) Forced disappearance. (3) Other retaliation. (4) Suppression of freedom of expression. (c) Imposition of Sanctions.--The President shall impose the following sanctions with respect to each person on the list required by subsection (b): (1) Blocking of property.--The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the person 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. (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--In the case of a person that is an alien, the alien is-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--An alien described in subparagraph (A) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien's possession. (d) Implementation; Penalties.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection 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 an unlawful act described in subsection (a) of that section. (e) National Interest Waiver.--The President may waive the imposition of sanctions under subsection (c) with respect to a person if the President-- (1) determines that such a waiver is in the national interests of the United States; and (2) submits to the appropriate committees of Congress a notification of the waiver and the reasons for the waiver. (f) Exceptions.-- (1) Intelligence activities.--This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (2) Law enforcement activities.--Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States. (3) Exception to comply with international agreements.-- Subsection (c)(2)(B) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. (4) Exception relating to importation of goods.-- (A) In general.--The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined.--In this paragraph, the term ``good'' means any article, natural or manmade substance, material, supply, or manufactured product, including inspection [[Page S3343]] and test equipment, and excluding technical data. (g) Definitions.--In this section: (1) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States. ______