S. 330 — CCP IP Act

This section requires the President to impose sanctions on persons determined to operate in a sector of the People's Republic of China's economy that have engaged in, or received through others', a pattern of significant theft of intellectual property belonging to U.S. persons. Sanctions consist of (1) blocking, using authorities under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.), all property and interests in property located in the United States, coming within the United States, or in the possession or control of U.S. persons (i.e., U.S. citizens, lawful permanent residents, or U.S.-organized entities); and (2) rendering affected aliens inadmissible to the United States, ineligible for visas, admission, parole, or other Immigration and Nationality Act benefits, and subject to immediate revocation of existing visas. Persons subject to sanctions include (1) individuals who are nationals of the People's Republic of China or acting at their direction (excluding U.S. persons); and (2) entities organized under Chinese law, or owned or controlled by Chinese nationals or such entities (excluding U.S. persons). The section applies IEEPA civil and criminal penalties (50 U.S.C. 1705) to violations; authorizes IEEPA implementation powers (50 U.S.C. 1702, 1704); allows case-by-case waivers and sanctions termination with certifications to specified congressional committees; and requires a report to the House Committee on Foreign Affairs and Senate Committee on Foreign Relations within 180 days of enactment identifying applicable persons.

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 by, (1) senior officials of the Chinese Communist Party (i.e., Politburo, Central Committee, and delegates to the 20th National Congress) and their spouses and children; (2) members of the cabinet of the People's Republic of China; and (3) active-duty members of the People's Liberation Army. 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 supporting efforts to infringe on U.S. intellectual property rights. This section further 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 People's Liberation Army and the Ministry of State Security.