H.R. 6447 — CCP IP Act

This section requires the President to impose sanctions on persons determined, on or after enactment, to operate in a sector of the People's Republic of China (PRC) economy that (1) has engaged in a pattern of significant theft of intellectual property of a U.S. person or (2) has received such intellectual property through theft by others. Sanctions consist of (1) asset blocking of all property and interests in property within U.S. jurisdiction, or in the possession or control of a U.S. person, using all powers granted under the International Emergency Economic Powers Act (IEEPA); and (2) for aliens, inadmissibility to the United States, ineligibility for visas, admission, parole, or other benefits under the Immigration and Nationality Act, and revocation of current visas (effective immediately and automatically canceling other documentation). Affected persons are (1) individuals who are PRC nationals (or acting at their direction) and not U.S. persons or (2) entities organized under PRC laws, owned or controlled by PRC nationals, or owned or controlled by such entities (not U.S. persons). The section subjects violators to IEEPA civil and criminal penalties (50 U.S.C. 1705(b)-(c)); authorizes IEEPA investigative and consultation authorities (50 U.S.C. 1702, 1704) for implementation; permits case-by-case waivers vital to U.S. national security (with congressional certification and justification); allows termination upon certification to Congress that the person has ceased IP theft efforts; and requires a report to specified House and Senate committees within 180 days of enactment identifying all persons meeting the criteria.

This section prohibits the Secretary of State from issuing visas to, and directs the Secretary of Homeland Security to deny entry to the United States to, (1) senior officials of the Chinese Communist Party (CCP), including members of the Politburo, Central Committee, and delegates to the 20th National Congress; (2) spouses and children of those officials; (3) members of the cabinet of the People's Republic of China (PRC); and (4) active duty members of the People's Liberation Army (PLA). The restriction does not apply in any year in which the President certifies to the House and Senate Judiciary Committees that the PRC government has ceased sponsoring, funding, facilitating, or actively supporting efforts to infringe on the intellectual property rights of U.S. citizens and entities. This section also requires the Secretary of State to submit to Congress, not later than 180 days after enactment, a report detailing the efficacy of visa screening mechanisms to mitigate PRC intellectual property theft and listing research institutions associated with the PLA and the PRC Ministry of State Security.