116TH CONGRESS 

1ST SESSION H. R. 3289 

AN ACT 

To amend the Hong Kong Policy Act of 1992 and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Hong Kong Human Rights and Democracy Act of 

4 2019’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. 

Sec. 5. Report on enforcement of United States export control and sanctions 

laws by Hong Kong. 

Sec. 6. Protecting United States interests with respect to Hong Kong. 

Sec. 7. Sanctions relating to undermining fundamental freedoms and autonomy 

in Hong Kong. 

Sec. 8. Sanctions reports. 

Sec. 9. Determination of budgetary effects. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Foreign Affairs of 

13 the House of Representatives; 

14 (B) the Committee on Financial Services 

15 of the House of Representatives; 

16 (C) the Committee on the Judiciary of the 

17 House of Representatives. 

18 (D) the Committee on Foreign Relations of 

19 the Senate; 
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1 (E) the Committee on Banking, Housing, 

2 and Urban Affairs of the Senate; and 

3 (F) the Committee on the Judiciary of the 

4 Senate. 

5 (2) CHINA.—The term ‘‘China’’ means the Peo6 ple’s Republic of China. 

7 (3) SOCIAL CREDIT SYSTEM.—The term ‘‘social 

8 credit system’’ means a system proposed by the Gov9 ernment of China and scheduled for implementation 

10 by 2020 that would use existing financial credit sys11 tems, public records, online activity, and other tools 

12 of surveillance to aggregate data on every Chinese 

13 citizen and business and use that data to monitor, 

14 shape, and rate certain financial, social, religious, or 

15 political behaviors. 

16 SEC. 3. STATEMENT OF POLICY. 

17 It is the policy of the United States— 

18 (1) to reaffirm the principles and objectives set 

19 forth in the United States-Hong Kong Policy Act of 

20 1992 (Public Law 102–383), namely that— 

21 (A) the United States has ‘‘a strong inter22 est in the continued vitality, prosperity, and 

23 stability of Hong Kong’’; 

24 (B) ‘‘[s]upport for democratization is a 

25 fundamental principle of United States foreign 
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1 policy’’ and therefore ‘‘naturally applies to 

2 United States policy toward Hong Kong’’; 

3 (C) ‘‘the human rights of the people of 

4 Hong Kong are of great importance to the 

5 United States and are directly relevant to 

6 United States interests in Hong Kong [and] 

7 serve as a basis for Hong Kong’s continued eco8 nomic prosperity’’; and 

9 (D) Hong Kong must remain sufficiently 

10 autonomous from the People’s Republic of 

11 China to ‘‘justify treatment under a particular 

12 law of the United States, or any provision 

13 thereof, different from that accorded the Peo14 ple’s Republic of China’’; 

15 (2) to support the high degree of autonomy and 

16 fundamental rights and freedoms of the people of 

17 Hong Kong, as enumerated by— 

18 (A) the Joint Declaration of the Govern19 ment of the United Kingdom of Great Britain 

20 and Northern Ireland and the Government of 

21 the People’s Republic of China on the Question 

22 of Hong Kong, done at Beijing December 19, 

23 1984 (referred to in this Act as the ‘‘Joint Dec24 laration’’); 
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1 (B) the International Covenant on Civil 

2 and Political Rights, done at New York Decem3 ber 19, 1966; and 

4 (C) the Universal Declaration of Human 

5 Rights, done at Paris December 10, 1948. 

6 (3) to support the democratic aspirations of the 

7 people of Hong Kong, including the ‘‘ultimate aim’’ 

8 of the selection of the Chief Executive and all mem9 bers of the Legislative Council by universal suffrage, 

10 as articulated in the Basic Law of the Hong Kong 

11 Special Administrative Region of the People’s Re12 public of China (referred to in this Act as the 

13 ‘‘Basic Law’’); 

14 (4) to urge the Government of the People’s Re15 public of China and the Government of the Hong 

16 Kong Special Autonomous Region to uphold their 

17 commitment to the people of Hong Kong, including 

18 providing a high degree of autonomy for Hong Kong 

19 as articulated in the Joint Declaration and the Basic 

20 Law; 

21 (5) to support the robust exercise by residents 

22 of Hong Kong of the rights to free speech, the press, 

23 and other fundamental freedoms as provided by the 

24 Basic Law and the Joint Declaration; 
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1 (6) to support freedom from arbitrary or unlaw2 ful arrest, detention, or imprisonment for all Hong 

3 Kong residents, as provided to them by the Basic 

4 Law and the Joint Declaration; 

5 (7) to draw international attention to any viola6 tions by the Government of the People’s Republic of 

7 China of the fundamental rights of the people of 

8 Hong Kong and any encroachment upon the auton9 omy guaranteed to Hong Kong by the Basic Law 

10 and the Joint Declaration; 

11 (8) to protect United States citizens and legal 

12 permanent residents living in Hong Kong as well as 

13 people visiting and transiting through Hong Kong; 

14 and 

15 (9) to maintain the economic and cultural ties 

16 that provide significant benefits to both the United 

17 States and Hong Kong. 

18 SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG 

19 POLICY ACT OF 1992. 

20 (a) CERTIFICATIONS.—Title II of the United States21 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) 

22 is amended by adding at the end the following new section: 

23 ‘‘SEC. 205. SECRETARY OF STATE CERTIFICATION REGARD24 ING THE AUTONOMY OF HONG KONG. 

25 ‘‘(a) CERTIFICATION.— 
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1 ‘‘(1) IN GENERAL.—The Secretary of State 

2 shall annually submit to the Committee on Foreign 

3 Affairs of the House of Representatives and the 

4 Committee on Foreign Relations of the Senate a cer5 tification, in conjunction with, and taking into con6 sideration the contents of, the report required in sec7 tion 301, regarding whether Hong Kong continues 

8 to warrant treatment under particular treaties, 

9 international agreements, and United States laws, or 

10 any provisions thereof, specified in paragraph (2) in 

11 the same manner as such treaties, international 

12 agreements, and laws were applied to Hong Kong as 

13 of the date of enactment of this section. 

14 ‘‘(2) PROVISIONS SPECIFIED.—The treaties, 

15 international agreements, and United States laws 

16 specified in this paragraph are the following: 

17 ‘‘(A) Commercial agreements. 

18 ‘‘(B) Law enforcement cooperation, includ19 ing extradition matters. 

20 ‘‘(C) Nonproliferation commitments. 

21 ‘‘(D) Sanctions enforcement. 

22 ‘‘(E) Export control agreements, including 

23 enforcement of export controls with respect to 

24 dual use technologies. 
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1 ‘‘(F) Formal treaties and agreements be2 tween the United States and Hong Kong, in3 cluding agreements related to taxation and cur4 rency exchange. 

5 ‘‘(G) Other particular laws of the United 

6 States, or any provisions thereof, that accord to 

7 Hong Kong treatment different to that ac8 corded to the People’s Republic of China. 

9 ‘‘(H) Other bilateral or multilateral agree10 ments determined relevant by the Secretary. 

11 ‘‘(3) CONTENTS.—Each assessment under para12 graph (1) shall include an evaluation of the Govern13 ment of Hong Kong’s autonomous decision-making 

14 within the executive, legislative, and judicial 

15 branches, with respect to— 

16 ‘‘(A) upholding the rule of law; and 

17 ‘‘(B) protecting the rights enumerated 

18 in— 

19 ‘‘(i) the Joint Declaration of the Gov20 ernment of the United Kingdom of Great 

21 Britain and Northern Ireland and the Gov22 ernment of the People’s Republic of China 

23 on the Question of Hong Kong, done at 

24 Beijing December 19, 1984 (the ‘Joint 

25 Declaration’); 
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1 ‘‘(ii) the Basic Law of the Hong Kong 

2 Special Administrative Region of the Peo3 ple’s Republic of China (the ‘Basic Law’); 

4 ‘‘(iii) the Universal Declaration of 

5 Human Rights, done at Paris December 

6 10, 1948; and 

7 ‘‘(iv) the International Covenant on 

8 Civil and Political Rights, done at New 

9 York December 19, 1966. 

10 ‘‘(4) FACTORS FOR CONSIDERATION.—In mak11 ing a certification under paragraph (1), the Sec12 retary of State should consider the terms, obliga13 tions, and expectations expressed in the Joint Dec14 laration and the Basic Law. 

15 ‘‘(5) ADDITIONAL CERTIFICATIONS.—Notwith16 standing the annual requirement for certifications 

17 under paragraph (1), the Secretary of State may 

18 issue additional certifications at any time if the Sec19 retary determines that circumstances in Hong Kong 

20 warrant such. 

21 ‘‘(6) FORM.—Each certification under para22 graph (1) and any additional certifications under 

23 paragraph (5) shall be submitted in unclassified 

24 from but may include a classified annex if the Sec25 retary of State determines such is necessary. 
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1 ‘‘(b) WAIVER.—The Secretary of State may waive the 

2 application of subsection (a), in whole or in part, if— 

3 ‘‘(1) the Secretary determines that such a waiv4 er— 

5 ‘‘(A) is in the national security interests of 

6 the United States; or 

7 ‘‘(B) would protect the autonomy of Hong 

8 Kong; and 

9 ‘‘(2) on or before the date on which such a 

10 waiver takes effect, the Secretary notifies the Com11 mittee on Foreign Relations of the Senate and the 

12 Committee on Foreign Affairs of the House of Rep13 resentatives of the intent to waive such subsection. 

14 ‘‘(c) PUBLIC AVAILABILITY.—The unclassified por15 tion of the certifications required under subsection (a) 

16 shall be made available to the public, including through 

17 publication on the Department of State website.’’. 

18 (b) VISA APPLICANTS.—Title II of the United States19 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 

20 as amended by subsection (a), is further amended by add21 ing at the end the following new section: 

22 ‘‘SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR 

23 VISAS TO ENTER THE UNITED STATES. 

24 ‘‘It is the sense of Congress that applications for 

25 visas to enter the United States, including for work or 
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1 study, which are submitted by otherwise qualified appli2 cants from Hong Kong should not be denied solely on the 

3 basis of politically-motivated arrest, detention, or other 

4 adverse government action taken against such applicants 

5 as a result of the participation by such applicants in pro6 test activities, and that the Secretary of State should 

7 make efforts to implement such policy, ensure consular of8 ficers make determinations in accordance with such policy, 

9 and coordinate with representatives of other countries to 

10 encourage the adoption of compatible policies.’’. 

11 (c) REPORTING REQUIREMENTS.—Subsection (a) of 

12 section 301 of the United States-Hong Kong Policy Act 

13 of 1992 (22 U.S.C. 5731) is amended— 

14 (1) in the matter preceding paragraph (1), in 

15 the first sentence, by striking ‘‘2024’’ and inserting 

16 ‘‘2027’’; 

17 (2) in paragraph (7), by striking ‘‘and’’ after 

18 the semicolon at the end; 

19 (3) in paragraph (8), by striking the period and 

20 inserting ‘‘; and’’; and 

21 (4) by adding at the end the following new 

22 paragraphs: 

23 ‘‘(9) China’s ability to limit Hong Kong’s au24 tonomy with respect to the treaties, international 

25 agreements, and United States laws specified in sec-
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1 tion 205(a)(2) as result of actions by the Govern2 ment of the People’s Republic of China that are in3 consistent with its commitments under the Basic 

4 Law or the Joint Declaration; 

5 ‘‘(10) the limitations to Hong Kong’s autonomy 

6 with respect to the treaties, international agree7 ments, and United States laws specified in section 

8 205(a)(2) resulting from actions by the Government 

9 of the Hong Kong Special Autonomous Region that 

10 are inconsistent with its commitments under the 

11 Basic Law or the Joint Declaration; 

12 ‘‘(11) the specific impacts to any areas of co13 operation between the United States and Hong 

14 Kong as a result of limits, whether self-imposed or 

15 otherwise, to Hong Kong’s autonomy, including any 

16 failures of the Hong Kong Government to fulfill obli17 gations with the United States under the treaties, 

18 international agreements, and United States laws 

19 specified in section 205(a)(2); 

20 ‘‘(12) the specific actions taken by the United 

21 States Government to mitigate the negative impact 

22 to United States interests of limitations, whether 

23 self-imposed or otherwise, to Hong Kong’s autonomy 

24 or any failures to fulfill obligations with the United 

25 States under the treaties, international agreements, 
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1 and United States laws specified in section 

2 205(a)(2); and 

3 ‘‘(13) whether the rescission of special treat4 ment under any particular treaties, international 

5 agreements, or particular laws of the United States, 

6 or any provisions thereof would contribute to further 

7 erosion of Hong Kong’s autonomy.’’. 

8 SEC. 5. REPORT ON ENFORCEMENT OF UNITED STATES EX9 PORT CONTROL AND SANCTIONS LAWS BY 

10 HONG KONG. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of the enactment of this Act, the President shall 

13 transmit to the committees specified in subsection (b) a 

14 report that includes the following: 

15 (1) An assessment of the policies and actions of 

16 the Government of the Hong Kong Special Autono17 mous Region to enforce the Export Control Reform 

18 Act of 2018 (subtitle B of title XVII of Public Law 

19 115–232) and other relevant provisions of United 

20 States law related to export controls. 

21 (2) To the extent possible, an identification of 

22 the following: 

23 (A) Any items that were transferred from 

24 Hong Kong in violation of such laws. 
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1 (B) The countries and persons to which 

2 such items were transferred. 

3 (C) How such items were used. 

4 (3) An assessment of whether United States or5 igin items (including software, technology, and serv6 ices) have been transferred from Hong Kong to 

7 China in violation of United States law and have 

8 been used by China for mass surveillance, predictive 

9 policing, or for the social credit system. 

10 (4) An assessment of the policies and actions of 

11 the Government of the Hong Kong Special Autono12 mous Region to enforce sanctions imposed by the 

13 United States and the United Nations. 

14 (5) A description of the types of goods and 

15 services transshipped or reexported through Hong 

16 Kong in violation of such sanctions to— 

17 (A) North Korea or Iran; or 

18 (B) other countries, regimes, or persons 

19 subject to such sanctions for engaging in activi20 ties— 

21 (i) relating to— 

22 (I) international terrorism, inter23 national narcotics trafficking, or the 

24 proliferation of weapons of mass de25 struction; or 
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1 (II) corruption and violations of 

2 human rights; or 

3 (ii) that otherwise present a threat to 

4 the national security, foreign policy, or 

5 economy of the United States. 

6 (b) COMMITTEES SPECIFIED.—The committees spec7 ified in this subsection are the following: 

8 (1) The Committee on Foreign Relations of the 

9 Senate. 

10 (2) The Committee on Banking, Housing, and 

11 Urban Affairs of the Senate. 

12 (3) The Committee on Foreign Affairs of the 

13 House of Representatives. 

14 (4) The Committee on Financial Services of the 

15 House of Representatives. 

16 (c) FORM OF REPORT.—The report required under 

17 subsection (a) shall be transmitted in unclassified form, 

18 but may include a classified annex. 

19 SEC. 6. PROTECTING UNITED STATES INTERESTS WITH RE20 SPECT TO HONG KONG. 

21 (a) POLICY STATEMENTS.—It is the policy to the 

22 United States— 

23 (1) to safeguard United States citizens and law24 ful permanent residents from extradition, rendition, 
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1 or abduction to China from Hong Kong for trial, de2 tention, or any other purpose; 

3 (2) to safeguard United States businesses in 

4 Hong Kong from economic coercion and intellectual 

5 property theft; 

6 (3) pursuant to section 103(7) of the United 

7 States-Hong Kong Policy Act of 1992 (22 U.S.C. 

8 5713(7)), to encourage United States businesses ‘‘to 

9 continue to operate in Hong Kong in accordance 

10 with applicable United States and Hong Kong law’’; 

11 and 

12 (4) pursuant to section 201(b) of such Act (22 

13 U.S.C. 5721(b)), to evaluate as circumstances re14 quire the Government of Hong Kong is ‘‘legally com15 petent to carry out its obligations’’ under treaties 

16 and international agreements established between 

17 the United States and Hong Kong. 

18 (b) NOTIFICATION TO CONGRESS.— 

19 (1) DETERMINATION.—The Secretary of State 

20 shall, with respect to any legislation proposed or en21 acted by the Government of Hong Kong, determine, 

22 not later than 30 days after such legislation is pro23 posed or enacted, if such proposed or enacted legis24 lation would— 
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1 (A) put United States citizens or lawful 

2 permanent residents at risk for rendition to 

3 China or other countries with which the United 

4 States Government does not have an extradition 

5 agreement; or 

6 (B) otherwise have a significant negative 

7 impact on United States interests with respect 

8 to Hong Kong. 

9 (2) NOTIFICATION.—If the Secretary of State 

10 makes a determination in the affirmative under 

11 paragraph (1), the Secretary shall submit to the ap12 propriate congressional committees a notification re13 lating thereto that includes the following: 

14 (A) An assessment of the potential risks of 

15 the proposed or enacted legislation described in 

16 such paragraph to United States national inter17 ests, including risks to United States citizens or 

18 lawful permanent residents residing in, trav19 eling to, or transiting through Hong Kong. 

20 (B) A strategy for protecting United 

21 States interests in Hong Kong with respect to 

22 the proposed or enacted legislation described in 

23 such paragraph. 
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1 SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDA2 MENTAL FREEDOMS AND AUTONOMY IN 

3 HONG KONG. 

4 (a) IDENTIFICATION OF PERSONS RESPONSIBLE FOR

5 UNDERMINING FUNDAMENTAL FREEDOMS AND AUTON6 OMY IN HONG KONG.— 

7 (1) IN GENERAL.—The President shall transmit 

8 to the appropriate congressional committees a re9 port, in accordance with paragraph (2), that identi10 fies each foreign person that the President deter11 mines, based on credible information, is knowingly 

12 responsible for any of the following: 

13 (A) The actual or threatened rendition, ar14 bitrary detention, torture, or forced confession 

15 of any individual in Hong Kong. 

16 (B) Repeated acts or decisions which con17 travene the shared obligations of China and 

18 Hong Kong under the Joint Declaration and 

19 Basic Law and undermine the national interests 

20 of the United States in Hong Kong’s autonomy 

21 and the rule of law. 

22 (C) Other gross violations of internation23 ally recognized human rights in Hong Kong. 

24 (2) TIMING OF REPORTS.—The President shall 

25 transmit— 
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1 (A) the report required under paragraph 

2 (1)— 

3 (i) not later than 180 days after the 

4 date of the enactment of this Act; and 

5 (ii) not less frequently than annually 

6 thereafter in conjunction with the publica7 tion of the report required under section 

8 301 of the United States-Hong Kong Pol9 icy Act of 1992 (22 U.S.C. 5731); and 

10 (B) an update to the report required under 

11 paragraph (1) not later than 15 days after any 

12 new credible information described in such 

13 paragraph becomes available. 

14 (3) CONSIDERATION OF CERTAIN INFORMA15 TION.—In preparing the report required under para16 graph (1), the President shall consider the following: 

17 (A) Information provided jointly by the 

18 chairperson and ranking member of each of the 

19 appropriate congressional committees. 

20 (B) Credible information obtained by other 

21 countries or nongovernmental organizations 

22 that monitor violations of human rights abuses. 

23 (4) FORM.—The report required under para24 graph (1) shall be submitted in unclassified form but 

25 may include a classified annex. 
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1 (b) IMPOSITION OF SANCTIONS.—The President shall 

2 impose the sanctions described in subsection (c) with re3 spect to each foreign person identified in the report re4 quired under subsection (a)(1). 

5 (c) SANCTIONS DESCRIBED.—The sanctions de6 scribed in this subsection are the following: 

7 (1) ASSET BLOCKING.—The President shall ex8 ercise all of the powers granted to the President 

9 under the International Emergency Economic Pow10 ers Act (50 U.S.C. 1701 et seq.) to the extent nec11 essary to block and prohibit all transactions in prop12 erty and interests in property of a foreign person 

13 identified in the report required under subsection 

14 (a)(1) if such property and interests in property are 

15 in the United States, come within the United States, 

16 or come within the possession or control of a United 

17 States person. 

18 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

19 PAROLE.— 

20 (A) VISAS, ADMISSION, OR PAROLE.—A 

21 foreign person described in subsection (a)(1) 

22 and his or her immediate family members is— 

23 (i) inadmissible to the United States; 
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1 (ii) ineligible to receive a visa or other 

2 documentation to enter the United States; 

3 and 

4 (iii) otherwise ineligible to be admitted 

5 or paroled into the United States or to re6 ceive any other benefit under the Immigra7 tion and Nationality Act (8 U.S.C. 1101 et 

8 seq.). 

9 (B) CURRENT VISAS REVOKED.— 

10 (i) IN GENERAL.—A foreign person 

11 described in subsection (a)(1) is subject to 

12 revocation of any visa or other entry docu13 mentation regardless of when the visa or 

14 other entry documentation is or was 

15 issued. 

16 (ii) IMMEDIATE EFFECT.—A revoca17 tion under clause (i) shall— 

18 (I) take effect immediately; and 

19 (II) automatically cancel any 

20 other valid visa or entry documenta21 tion that is in the alien’s possession. 

22 (C) EXCEPTION TO COMPLY WITH INTER23 NATIONAL OBLIGATIONS.—Sanctions under this 

24 paragraph shall not apply with respect to a for25 eign person if admitting or paroling such per-
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1 son into the United States is necessary to per2 mit the United States to comply with the 

3 Agreement regarding the Headquarters of the 

4 United Nations, signed at Lake Success June 

5 26, 1947, and entered into force November 21, 

6 1947, between the United Nations and the 

7 United States, or other applicable international 

8 obligations. 

9 (3) PENALTIES.—The penalties provided for in 

10 subsections (b) and (c) of section 206 of the Inter11 national Emergency Economic Powers Act (50 

12 U.S.C. 1705) shall apply to a foreign person that 

13 violates, attempts to violate, conspires to violate, or 

14 causes a violation of paragraph (1) to the same ex15 tent that such penalties apply to a person that com16 mits an unlawful act described in subsection (a) of 

17 such section 206. 

18 (d) IMPLEMENTATION.—The President may exercise 

19 all authorities provided under sections 203 and 205 of the 

20 International Emergency Economic Powers Act (50 

21 U.S.C. 1702 and 1704) to carry out this section. 

22 (e) WAIVER.—The President may waive the applica23 tion of sanctions under this section with respect to a for24 eign person identified in the report required under sub25 section (a)(1) if the President determines and certifies to 
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1 the appropriate congressional committees that such a 

2 waiver is in the national interest of the United States. 

3 (f) TERMINATION OF SANCTIONS.—The President 

4 may terminate the application of sanctions under this sec5 tion with respect to a foreign person if the President deter6 mines and reports to the appropriate congressional com7 mittees not less than 15 days before such termination 

8 takes effect that— 

9 (1) credible information exists that such person 

10 did not engage in the activity for which sanctions 

11 were imposed; 

12 (2) such person has been prosecuted appro13 priately for the activity for which sanctions were im14 posed; 

15 (3) such person has credibly demonstrated a 

16 significant change in behavior, has paid an appro17 priate consequence for the activity for which sanc18 tions were imposed, and has credibly committed to 

19 not engage in an activity described in subsection 

20 (a)(1) in the future; or 

21 (4) the termination of the sanctions is in the 

22 national security interests of the United States. 

23 (g) EXCEPTION RELATING TO THE IMPORTATION OF

24 GOODS.— 
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1 (1) IN GENERAL.—The authorities and require2 ments to impose sanctions under this section shall 

3 not include the authority or requirement to impose 

4 sanctions on the importation of goods. 

5 (2) GOOD DEFINED.—In this subsection, the 

6 term ‘‘good’’ means any article, natural or man7 made substance, material, supply or manufactured 

8 product, including inspection and test equipment, 

9 and excluding technical data. 

10 (h) DEFINITIONS.—In this section: 

11 (1) ADMITTED.—The term ‘‘admitted’’ has the 

12 meanings given such term in section 101 of the Im13 migration and Nationality Act (8 U.S.C. 1101). 

14 (2) FOREIGN PERSON.—The term ‘‘foreign per15 son’’ means a person that is not a United States 

16 person. 

17 (3) KNOWINGLY.—The term ‘‘knowingly’’ 

18 means, with respect to conduct, a circumstance, or 

19 a result, means that a person has actual knowledge, 

20 or should have known, of the conduct, the cir21 cumstance, or the result. 

22 (4) PERSON.—The term ‘‘person’’ means an in23 dividual or entity. 

24 (5) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ means— 
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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States, including a foreign branch of 

7 such an entity. 

8 SEC. 8. SANCTIONS REPORTS. 

9 (a) IN GENERAL.—The President shall transmit to 

10 the appropriate congressional committees a report that in11 cludes the following: 

12 (1) A list of each foreign person with respect to 

13 which the President imposed sanctions under section 

14 7 during the year preceding the transmission of such 

15 report. 

16 (2) A description of the type of sanctions im17 posed with respect to each such person. 

18 (3) The number of foreign persons with respect 

19 to which the President terminated such sanctions 

20 during such year. 

21 (4) The dates on which such sanctions were im22 posed or terminated, as applicable. 

23 (5) The reasons for imposing or terminating 

24 such sanctions. 
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1 (6) A description of the efforts of the President 

2 to encourage the governments of other countries to 

3 impose sanctions that are similar to such sanctions. 

4 (b) FORM.—The report required under subsection (a) 

5 shall be transmitted in unclassified form but may contain 

6 a classified annex. 

7 (c) PUBLIC AVAILABILITY.—The unclassified portion 

8 of the report required under subsection (a) shall be made 

9 available to the public, including through publication in 

10 the Federal Register. 

11 (d) NONAPPLICABILITY OF CONFIDENTIALITY RE12 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

13 President shall publish the report required under sub14 section (a) without regard to the requirements of section 

15 222(f) of the Immigration and Nationality Act (8 U.S.C. 

16 1202(f)) with respect to confidentiality of records per17 taining to the issuance or refusal of visas or permits to 

18 enter the United States. 

19 SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. 

20 The budgetary effects of this Act, for the purpose of 

21 complying with the Statutory Pay-As-You-Go Act of 2010, 

22 shall be determined by reference to the latest statement 

23 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

24 Act, submitted for printing in the Congressional Record 

25 by the Chairman of the House Budget Committee, pro-
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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

Passed the House of Representatives October 15, 

2019. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H. R. 3289 

AN ACT 

To amend the Hong Kong Policy Act of 1992 and 

for other purposes.