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H.R. 138 (106th): Forced Abortion Condemnation Act

The text of the bill below is as of Jan 6, 1999 (Introduced).


HR 138 IH

106th CONGRESS

1st Session

H. R. 138

To condemn those officials of the Chinese Communist Party, the Government of the People’s Republic of China, and other persons who are involved in the enforcement of forced abortions by preventing such persons from entering or remaining in the United States.

IN THE HOUSE OF REPRESENTATIVES

January 6, 1999

Mrs. FOWLER introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To condemn those officials of the Chinese Communist Party, the Government of the People’s Republic of China, and other persons who are involved in the enforcement of forced abortions by preventing such persons from entering or remaining in the United States.

    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 ‘Forced Abortion Condemnation Act’.

SEC. 2. FINDINGS.

    The Congress makes the following findings:

      (1) Forced abortion was rightly denounced as a crime against humanity by the Nuremberg War Crimes Tribunal.

      (2) For over 15 years there have been frequent and credible reports of forced abortion and forced sterilization in connection with the population control policies of the People’s Republic of China. These reports indicate the following:

        (A) Although it is the stated position of the politburo of the Chinese Communist Party that forced abortion and forced sterilization have no role in the population control program, in fact the Communist Chinese Government encourages both forced abortion and forced sterilization through a combination of strictly enforced birth quotas and immunity for local population control officials who engage in coercion. Officials acknowledge that there have been instances of forced abortions and sterilization, and no evidence has been made available to suggest that the perpetrators have been punished.

        (B) People’s Republic of China population control officials, in cooperation with employers and works unit officials, routinely monitor women’s menstrual cycles and subject women who conceive without government authorization to extreme psychological pressure, to harsh economic sanctions, including unpayable fines and loss of employment, and often to physical force.

        (C) Official sanctions for giving birth to unauthorized children include fines in amounts several times larger than the per capita annual incomes of residents of the People’s Republic of China. In Fujian, for example, the average fine is estimated to be twice a family’s gross annual income. Families which cannot pay the fine may be subject to confiscation and destruction of their homes and personal property.

        (D) Especially harsh punishments have been inflicted on those whose resistance is motivated by religion. For example, according to a 1995 Amnesty International report, the Catholic inhabitants of 2 villages in Hebei Province were subjected to population control under the slogan ‘better to have more graves than one more child’. Enforcement measures included torture, sexual abuse, and the detention of resisters’ relatives as hostages.

        (E) Forced abortions in Communist China often have taken place in the very late stages of pregnancy.

        (F) Since 1994 forced abortion and sterilization have been used in Communist China not only to regulate the number of children, but also to eliminate those who are regarded as defective in accordance with the official eugenic policy known as the ‘Natal and Health Care Law’.

SEC. 3. DENIAL OF ENTRY INTO THE UNITED STATES OF PERSONS IN THE PEOPLE’S REPUBLIC OF CHINA ENGAGED IN ENFORCEMENT OF FORCED ABORTION POLICY.

    The Secretary of State may not issue any visa to, and the Attorney General may not admit to the United States, any national of the People’s Republic of China, including any official of the Communist Party or the Government of the People’s Republic of China and its regional, local, and village authorities who the Secretary finds, based on credible information, has been involved in the establishment or enforcement of population control policies resulting in a woman being forced to undergo an abortion against her free choice, or resulting in a man or woman being forced to undergo sterilization against his or her free choice.