S.Amdt. 3875

SA 3875. Mr. MERKLEY submitted an amendment intended to be proposed
by

[[Page S6580]]

him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title XII, add the following:

SEC. 1248. DENIAL OF ENTRY INTO THE UNITED STATES OF CURRENT
OR FORMER OFFICIALS ENGAGED IN FORCED
REPATRIATION OF UYGHURS AND MEMBERS OF OTHER
ETHNIC AND RELIGIOUS GROUPS TO THE PEOPLE'S
REPUBLIC OF CHINA.

(a) Ineligibility for Visas, Admission, or Parole.--
(1) Visas, admission, or parole.--An official described in
subsection (b) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to
enter the United States; and
(C) 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.).
(2) Current visas revoked.--
(A) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall, in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), revoke any visa or other entry documentation
issued to an official described in subsection (b) regardless
of when the visa or other entry documentation is or was
issued.
(B) Immediate effect.--A visa revocation under subparagraph
(A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid visa or entry
documentation that is in the official's possession.
(b) Officials Described.--A official described in this
subsection is any current or former official of the
government of a foreign country who the Secretary of State
determines is or was responsible for, or complicit in, the
forced departure from the country of last habitual residence
and return to the People's Republic of China of--
(1) any Uyghur individual; or
(2) any individual who--
(A) is a member of any other ethnic or religious group; and
(B) is more likely than not to be subject to persecution by
the Government of the People's Republic of China.
(c) Exception to Comply With International Obligations.--
Sanctions under this section shall not apply with respect to
the admission of an alien if admitting or paroling the alien
into the United States 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,
between the United Nations and the United States, or other
applicable international obligations.
(d) Waiver.--The Secretary of State may waive the
application of subsection (a) with respect to an official
described in subsection (b) if the Secretary determines
that--
(1) such a waiver is in the national interest of the United
States; or
(2) the circumstances that caused the official to be
subject to subsection (a) have changed sufficiently.
(e) 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.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign
person that violates, attempts to violate, conspires to
violate, or causes a violation of subsection (a) to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(f) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter
until the termination date specified in subsection (g), the
Secretary shall submit to the appropriate committees of
Congress a report that includes, for the covered period--
(A) information on each official determined to be subject
to subsection (a); and
(B) a list of waivers granted under subsection (d) and a
justification for each such waiver.
(2) Form.--Each report submitted under this subsection
shall be submitted in unclassified form but may include a
classified annex.
(3) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(ii) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(B) Covered period.--The term ``covered period'', with
respect to a report required by paragraph (1), means--
(i) in the case of the first such report, the period
beginning on the date of the enactment of this Act and ending
on the date on which the report is submitted; and
(ii) in the case of any subsequent such report, the period
beginning on the date on which the preceding such report was
submitted and ending on the date on which the subsequent
report is submitted.
(g) Termination.--This section shall terminate on the date
that is 5 years after the date of the enactment of this Act.
(h) Definitions.--In this section:
(1) Admission; admitted; alien; etc.--The terms
``admission'', ``admitted'', ``alien'', ``lawfully admitted
for permanent residence'', and ``national'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
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