II 

Calendar No. 243 

116TH CONGRESS 

1ST SESSION H. R. 3289 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 16, 2019 

Received; read twice and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Hong Kong Human Rights and Democracy Act of 

6 2019’’. 

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

8 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. 


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

in Hong Kong. 

Sec. 8. Sanctions reports. 

Sec. 9. Determination of budgetary effects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Affairs of 

7 the House of Representatives; 

8 (B) the Committee on Financial Services 

9 of the House of Representatives; 

10 (C) the Committee on the Judiciary of the 

11 House of Representatives. 

12 (D) the Committee on Foreign Relations of 

13 the Senate; 

14 (E) the Committee on Banking, Housing, 

15 and Urban Affairs of the Senate; and 

16 (F) the Committee on the Judiciary of the 

17 Senate. 

18 (2) CHINA.—The term ‘‘China’’ means the Peo19 ple’s Republic of China. 

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

21 credit system’’ means a system proposed by the Gov22 ernment of China and scheduled for implementation 

23 by 2020 that would use existing financial credit sysVerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289

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1 tems, public records, online activity, and other tools 

2 of surveillance to aggregate data on every Chinese 

3 citizen and business and use that data to monitor, 

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

5 political behaviors. 

6 SEC. 3. STATEMENT OF POLICY. 

7 It is the policy of the United States— 

8 (1) to reaffirm the principles and objectives set 

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

10 1992 (Public Law 102–383), namely that— 

11 (A) the United States has ‘‘a strong inter12 est in the continued vitality, prosperity, and 

13 stability of Hong Kong’’; 

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

15 fundamental principle of United States foreign 

16 policy’’ and therefore ‘‘naturally applies to 

17 United States policy toward Hong Kong’’; 

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

19 Hong Kong are of great importance to the 

20 United States and are directly relevant to 

21 United States interests in Hong Kong [and] 

22 serve as a basis for Hong Kong’s continued eco23 nomic prosperity’’; and 

24 (D) Hong Kong must remain sufficiently 

25 autonomous from the People’s Republic of 


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1 China to ‘‘justify treatment under a particular 

2 law of the United States, or any provision 

3 thereof, different from that accorded the Peo4 ple’s Republic of China’’; 

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

6 fundamental rights and freedoms of the people of 

7 Hong Kong, as enumerated by— 

8 (A) the Joint Declaration of the Govern9 ment of the United Kingdom of Great Britain 

10 and Northern Ireland and the Government of 

11 the People’s Republic of China on the Question 

12 of Hong Kong, done at Beijing December 19, 

13 1984 (referred to in this Act as the ‘‘Joint Dec14 laration’’); 

15 (B) the International Covenant on Civil 

16 and Political Rights, done at New York Decem17 ber 19, 1966; and 

18 (C) the Universal Declaration of Human 

19 Rights, done at Paris December 10, 1948. 

20 (3) to support the democratic aspirations of the 

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

22 of the selection of the Chief Executive and all mem23 bers of the Legislative Council by universal suffrage, 

24 as articulated in the Basic Law of the Hong Kong 

25 Special Administrative Region of the People’s ReVerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289

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1 public of China (referred to in this Act as the 

2 ‘‘Basic Law’’); 

3 (4) to urge the Government of the People’s Re4 public of China and the Government of the Hong 

5 Kong Special Autonomous Region to uphold their 

6 commitment to the people of Hong Kong, including 

7 providing a high degree of autonomy for Hong Kong 

8 as articulated in the Joint Declaration and the Basic 

9 Law; 

10 (5) to support the robust exercise by residents 

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

12 and other fundamental freedoms as provided by the 

13 Basic Law and the Joint Declaration; 

14 (6) to support freedom from arbitrary or unlaw15 ful arrest, detention, or imprisonment for all Hong 

16 Kong residents, as provided to them by the Basic 

17 Law and the Joint Declaration; 

18 (7) to draw international attention to any viola19 tions by the Government of the People’s Republic of 

20 China of the fundamental rights of the people of 

21 Hong Kong and any encroachment upon the auton22 omy guaranteed to Hong Kong by the Basic Law 

23 and the Joint Declaration; 

24 (8) to protect United States citizens and legal 

25 permanent residents living in Hong Kong as well as 


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1 people visiting and transiting through Hong Kong; 

2 and 

3 (9) to maintain the economic and cultural ties 

4 that provide significant benefits to both the United 

5 States and Hong Kong. 

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

7 POLICY ACT OF 1992. 

8 (a) CERTIFICATIONS.—Title II of the United States9 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) 

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

11 ‘‘SEC. 205. SECRETARY OF STATE CERTIFICATION REGARD12 ING THE AUTONOMY OF HONG KONG. 

13 ‘‘(a) CERTIFICATION.— 

14 ‘‘(1) IN GENERAL.—The Secretary of State 

15 shall annually submit to the Committee on Foreign 

16 Affairs of the House of Representatives and the 

17 Committee on Foreign Relations of the Senate a cer18 tification, in conjunction with, and taking into con19 sideration the contents of, the report required in sec20 tion 301, regarding whether Hong Kong continues 

21 to warrant treatment under particular treaties, 

22 international agreements, and United States laws, or 

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

24 the same manner as such treaties, international 


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1 agreements, and laws were applied to Hong Kong as 

2 of the date of enactment of this section. 

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

4 international agreements, and United States laws 

5 specified in this paragraph are the following: 

6 ‘‘(A) Commercial agreements. 

7 ‘‘(B) Law enforcement cooperation, includ8 ing extradition matters. 

9 ‘‘(C) Nonproliferation commitments. 

10 ‘‘(D) Sanctions enforcement. 

11 ‘‘(E) Export control agreements, including 

12 enforcement of export controls with respect to 

13 dual use technologies. 

14 ‘‘(F) Formal treaties and agreements be15 tween the United States and Hong Kong, in16 cluding agreements related to taxation and cur17 rency exchange. 

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

19 States, or any provisions thereof, that accord to 

20 Hong Kong treatment different to that ac21 corded to the People’s Republic of China. 

22 ‘‘(H) Other bilateral or multilateral agree23 ments determined relevant by the Secretary. 

24 ‘‘(3) CONTENTS.—Each assessment under para25 graph (1) shall include an evaluation of the GovernVerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289

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1 ment of Hong Kong’s autonomous decision-making 

2 within the executive, legislative, and judicial 

3 branches, with respect to— 

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

5 ‘‘(B) protecting the rights enumerated 

6 in— 

7 ‘‘(i) the Joint Declaration of the Gov8 ernment of the United Kingdom of Great 

9 Britain and Northern Ireland and the Gov10 ernment of the People’s Republic of China 

11 on the Question of Hong Kong, done at 

12 Beijing December 19, 1984 (the ‘Joint 

13 Declaration’); 

14 ‘‘(ii) the Basic Law of the Hong Kong 

15 Special Administrative Region of the Peo16 ple’s Republic of China (the ‘Basic Law’); 

17 ‘‘(iii) the Universal Declaration of 

18 Human Rights, done at Paris December 

19 10, 1948; and 

20 ‘‘(iv) the International Covenant on 

21 Civil and Political Rights, done at New 

22 York December 19, 1966. 

23 ‘‘(4) FACTORS FOR CONSIDERATION.—In mak24 ing a certification under paragraph (1), the Sec25 retary of State should consider the terms, obligaVerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289

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1 tions, and expectations expressed in the Joint Dec2 laration and the Basic Law. 

3 ‘‘(5) ADDITIONAL CERTIFICATIONS.—Notwith4 standing the annual requirement for certifications 

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

6 issue additional certifications at any time if the Sec7 retary determines that circumstances in Hong Kong 

8 warrant such. 

9 ‘‘(6) FORM.—Each certification under para10 graph (1) and any additional certifications under 

11 paragraph (5) shall be submitted in unclassified 

12 from but may include a classified annex if the Sec13 retary of State determines such is necessary. 

14 ‘‘(b) WAIVER.—The Secretary of State may waive the 

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

16 ‘‘(1) the Secretary determines that such a waiv17 er— 

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

19 the United States; or 

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

21 Kong; and 

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

23 waiver takes effect, the Secretary notifies the Com24 mittee on Foreign Relations of the Senate and the 


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1 Committee on Foreign Affairs of the House of Rep2 resentatives of the intent to waive such subsection. 

3 ‘‘(c) PUBLIC AVAILABILITY.—The unclassified por4 tion of the certifications required under subsection (a) 

5 shall be made available to the public, including through 

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

7 (b) VISA APPLICANTS.—Title II of the United States8 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 

9 as amended by subsection (a), is further amended by add10 ing at the end the following new section: 

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

12 VISAS TO ENTER THE UNITED STATES. 

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

14 visas to enter the United States, including for work or 

15 study, which are submitted by otherwise qualified appli16 cants from Hong Kong should not be denied solely on the 

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

18 adverse government action taken against such applicants 

19 as a result of the participation by such applicants in pro20 test activities, and that the Secretary of State should 

21 make efforts to implement such policy, ensure consular of22 ficers make determinations in accordance with such policy, 

23 and coordinate with representatives of other countries to 

24 encourage the adoption of compatible policies.’’. 


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

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

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

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

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

6 ‘‘2027’’; 

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

8 the semicolon at the end; 

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

10 inserting ‘‘; and’’; and 

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

12 paragraphs: 

13 ‘‘(9) China’s ability to limit Hong Kong’s au14 tonomy with respect to the treaties, international 

15 agreements, and United States laws specified in sec16 tion 205(a)(2) as result of actions by the Govern17 ment of the People’s Republic of China that are in18 consistent with its commitments under the Basic 

19 Law or the Joint Declaration; 

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

21 with respect to the treaties, international agree22 ments, and United States laws specified in section 

23 205(a)(2) resulting from actions by the Government 

24 of the Hong Kong Special Autonomous Region that 


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1 are inconsistent with its commitments under the 

2 Basic Law or the Joint Declaration; 

3 ‘‘(11) the specific impacts to any areas of co4 operation between the United States and Hong 

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

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

7 failures of the Hong Kong Government to fulfill obli8 gations with the United States under the treaties, 

9 international agreements, and United States laws 

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

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

12 States Government to mitigate the negative impact 

13 to United States interests of limitations, whether 

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

15 or any failures to fulfill obligations with the United 

16 States under the treaties, international agreements, 

17 and United States laws specified in section 

18 205(a)(2); and 

19 ‘‘(13) whether the rescission of special treat20 ment under any particular treaties, international 

21 agreements, or particular laws of the United States, 

22 or any provisions thereof would contribute to further 

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


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1 SEC. 5. REPORT ON ENFORCEMENT OF UNITED STATES EX2 PORT CONTROL AND SANCTIONS LAWS BY 

3 HONG KONG. 

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

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

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

7 report that includes the following: 

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

9 the Government of the Hong Kong Special Autono10 mous Region to enforce the Export Control Reform 

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

12 115–232) and other relevant provisions of United 

13 States law related to export controls. 

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

15 the following: 

16 (A) Any items that were transferred from 

17 Hong Kong in violation of such laws. 

18 (B) The countries and persons to which 

19 such items were transferred. 

20 (C) How such items were used. 

21 (3) An assessment of whether United States or22 igin items (including software, technology, and serv23 ices) have been transferred from Hong Kong to 

24 China in violation of United States law and have 

25 been used by China for mass surveillance, predictive 

26 policing, or for the social credit system. 


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

2 the Government of the Hong Kong Special Autono3 mous Region to enforce sanctions imposed by the 

4 United States and the United Nations. 

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

6 services transshipped or reexported through Hong 

7 Kong in violation of such sanctions to— 

8 (A) North Korea or Iran; or 

9 (B) other countries, regimes, or persons 

10 subject to such sanctions for engaging in activi11 ties— 

12 (i) relating to— 

13 (I) international terrorism, inter14 national narcotics trafficking, or the 

15 proliferation of weapons of mass de16 struction; or 

17 (II) corruption and violations of 

18 human rights; or 

19 (ii) that otherwise present a threat to 

20 the national security, foreign policy, or 

21 economy of the United States. 

22 (b) COMMITTEES SPECIFIED.—The committees spec23 ified in this subsection are the following: 

24 (1) The Committee on Foreign Relations of the 

25 Senate. 


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

2 Urban Affairs of the Senate. 

3 (3) The Committee on Foreign Affairs of the 

4 House of Representatives. 

5 (4) The Committee on Financial Services of the 

6 House of Representatives. 

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

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

9 but may include a classified annex. 

10 SEC. 6. PROTECTING UNITED STATES INTERESTS WITH RE11 SPECT TO HONG KONG. 

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

13 United States— 

14 (1) to safeguard United States citizens and law15 ful permanent residents from extradition, rendition, 

16 or abduction to China from Hong Kong for trial, de17 tention, or any other purpose; 

18 (2) to safeguard United States businesses in 

19 Hong Kong from economic coercion and intellectual 

20 property theft; 

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

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

23 5713(7)), to encourage United States businesses ‘‘to 

24 continue to operate in Hong Kong in accordance 


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

2 and 

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

4 U.S.C. 5721(b)), to evaluate as circumstances re5 quire the Government of Hong Kong is ‘‘legally com6 petent to carry out its obligations’’ under treaties 

7 and international agreements established between 

8 the United States and Hong Kong. 

9 (b) NOTIFICATION TO CONGRESS.— 

10 (1) DETERMINATION.—The Secretary of State 

11 shall, with respect to any legislation proposed or en12 acted by the Government of Hong Kong, determine, 

13 not later than 30 days after such legislation is pro14 posed or enacted, if such proposed or enacted legis15 lation would— 

16 (A) put United States citizens or lawful 

17 permanent residents at risk for rendition to 

18 China or other countries with which the United 

19 States Government does not have an extradition 

20 agreement; or 

21 (B) otherwise have a significant negative 

22 impact on United States interests with respect 

23 to Hong Kong. 

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

25 makes a determination in the affirmative under 


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1 paragraph (1), the Secretary shall submit to the ap2 propriate congressional committees a notification re3 lating thereto that includes the following: 

4 (A) An assessment of the potential risks of 

5 the proposed or enacted legislation described in 

6 such paragraph to United States national inter7 ests, including risks to United States citizens or 

8 lawful permanent residents residing in, trav9 eling to, or transiting through Hong Kong. 

10 (B) A strategy for protecting United 

11 States interests in Hong Kong with respect to 

12 the proposed or enacted legislation described in 

13 such paragraph. 

14 SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDA15 MENTAL FREEDOMS AND AUTONOMY IN 

16 HONG KONG. 

17 (a) IDENTIFICATION OF PERSONS RESPONSIBLE FOR

18 UNDERMINING FUNDAMENTAL FREEDOMS AND AUTON19 OMY IN HONG KONG.— 

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

21 to the appropriate congressional committees a re22 port, in accordance with paragraph (2), that identi23 fies each foreign person that the President deter24 mines, based on credible information, is knowingly 

25 responsible for any of the following: 


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1 (A) The actual or threatened rendition, ar2 bitrary detention, torture, or forced confession 

3 of any individual in Hong Kong. 

4 (B) Repeated acts or decisions which con5 travene the shared obligations of China and 

6 Hong Kong under the Joint Declaration and 

7 Basic Law and undermine the national interests 

8 of the United States in Hong Kong’s autonomy 

9 and the rule of law. 

10 (C) Other gross violations of internation11 ally recognized human rights in Hong Kong. 

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

13 transmit— 

14 (A) the report required under paragraph 

15 (1)— 

16 (i) not later than 180 days after the 

17 date of the enactment of this Act; and 

18 (ii) not less frequently than annually 

19 thereafter in conjunction with the publica20 tion of the report required under section 

21 301 of the United States-Hong Kong Pol22 icy Act of 1992 (22 U.S.C. 5731); and 

23 (B) an update to the report required under 

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


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1 new credible information described in such 

2 paragraph becomes available. 

3 (3) CONSIDERATION OF CERTAIN INFORMA4 TION.—In preparing the report required under para5 graph (1), the President shall consider the following: 

6 (A) Information provided jointly by the 

7 chairperson and ranking member of each of the 

8 appropriate congressional committees. 

9 (B) Credible information obtained by other 

10 countries or nongovernmental organizations 

11 that monitor violations of human rights abuses. 

12 (4) FORM.—The report required under para13 graph (1) shall be submitted in unclassified form but 

14 may include a classified annex. 

15 (b) IMPOSITION OF SANCTIONS.—The President shall 

16 impose the sanctions described in subsection (c) with re17 spect to each foreign person identified in the report re18 quired under subsection (a)(1). 

19 (c) SANCTIONS DESCRIBED.—The sanctions de20 scribed in this subsection are the following: 

21 (1) ASSET BLOCKING.—The President shall ex22 ercise all of the powers granted to the President 

23 under the International Emergency Economic Pow24 ers Act (50 U.S.C. 1701 et seq.) to the extent nec25 essary to block and prohibit all transactions in propVerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289

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1 erty and interests in property of a foreign person 

2 identified in the report required under subsection 

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

4 in the United States, come within the United States, 

5 or come within the possession or control of a United 

6 States person. 

7 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

8 PAROLE.— 

9 (A) VISAS, ADMISSION, OR PAROLE.—A 

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

11 and his or her immediate family members is— 

12 (i) inadmissible to the United States; 

13 (ii) ineligible to receive a visa or other 

14 documentation to enter the United States; 

15 and 

16 (iii) otherwise ineligible to be admitted 

17 or paroled into the United States or to re18 ceive any other benefit under the Immigra19 tion and Nationality Act (8 U.S.C. 1101 et 

20 seq.). 

21 (B) CURRENT VISAS REVOKED.— 

22 (i) IN GENERAL.—A foreign person 

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

24 revocation of any visa or other entry docu25 mentation regardless of when the visa or 


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1 other entry documentation is or was 

2 issued. 

3 (ii) IMMEDIATE EFFECT.—A revoca4 tion under clause (i) shall— 

5 (I) take effect immediately; and 

6 (II) automatically cancel any 

7 other valid visa or entry documenta8 tion that is in the alien’s possession. 

9 (C) EXCEPTION TO COMPLY WITH INTER10 NATIONAL OBLIGATIONS.—Sanctions under this 

11 paragraph shall not apply with respect to a for12 eign person if admitting or paroling such per13 son into the United States is necessary to per14 mit the United States to comply with the 

15 Agreement regarding the Headquarters of the 

16 United Nations, signed at Lake Success June 

17 26, 1947, and entered into force November 21, 

18 1947, between the United Nations and the 

19 United States, or other applicable international 

20 obligations. 

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

22 subsections (b) and (c) of section 206 of the Inter23 national Emergency Economic Powers Act (50 

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

25 violates, attempts to violate, conspires to violate, or 


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1 causes a violation of paragraph (1) to the same ex2 tent that such penalties apply to a person that com3 mits an unlawful act described in subsection (a) of 

4 such section 206. 

5 (d) IMPLEMENTATION.—The President may exercise 

6 all authorities provided under sections 203 and 205 of the 

7 International Emergency Economic Powers Act (50 

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

9 (e) WAIVER.—The President may waive the applica10 tion of sanctions under this section with respect to a for11 eign person identified in the report required under sub12 section (a)(1) if the President determines and certifies to 

13 the appropriate congressional committees that such a 

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

15 (f) TERMINATION OF SANCTIONS.—The President 

16 may terminate the application of sanctions under this sec17 tion with respect to a foreign person if the President deter18 mines and reports to the appropriate congressional com19 mittees not less than 15 days before such termination 

20 takes effect that— 

21 (1) credible information exists that such person 

22 did not engage in the activity for which sanctions 

23 were imposed; 


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1 (2) such person has been prosecuted appro2 priately for the activity for which sanctions were im3 posed; 

4 (3) such person has credibly demonstrated a 

5 significant change in behavior, has paid an appro6 priate consequence for the activity for which sanc7 tions were imposed, and has credibly committed to 

8 not engage in an activity described in subsection 

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

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

11 national security interests of the United States. 

12 (g) EXCEPTION RELATING TO THE IMPORTATION OF

13 GOODS.— 

14 (1) IN GENERAL.—The authorities and require15 ments to impose sanctions under this section shall 

16 not include the authority or requirement to impose 

17 sanctions on the importation of goods. 

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

19 term ‘‘good’’ means any article, natural or man20 made substance, material, supply or manufactured 

21 product, including inspection and test equipment, 

22 and excluding technical data. 

23 (h) DEFINITIONS.—In this section: 


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

2 meanings given such term in section 101 of the Im3 migration and Nationality Act (8 U.S.C. 1101). 

4 (2) FOREIGN PERSON.—The term ‘‘foreign per5 son’’ means a person that is not a United States 

6 person. 

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

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

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

10 or should have known, of the conduct, the cir11 cumstance, or the result. 

12 (4) PERSON.—The term ‘‘person’’ means an in13 dividual or entity. 

14 (5) UNITED STATES PERSON.—The term 

15 ‘‘United States person’’ means— 

16 (A) a United States citizen or an alien law17 fully admitted for permanent residence to the 

18 United States; or 

19 (B) an entity organized under the laws of 

20 the United States or any jurisdiction within the 

21 United States, including a foreign branch of 

22 such an entity. 


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1 SEC. 8. SANCTIONS REPORTS. 

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

3 the appropriate congressional committees a report that in4 cludes the following: 

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

6 which the President imposed sanctions under section 

7 7 during the year preceding the transmission of such 

8 report. 

9 (2) A description of the type of sanctions im10 posed with respect to each such person. 

11 (3) The number of foreign persons with respect 

12 to which the President terminated such sanctions 

13 during such year. 

14 (4) The dates on which such sanctions were im15 posed or terminated, as applicable. 

16 (5) The reasons for imposing or terminating 

17 such sanctions. 

18 (6) A description of the efforts of the President 

19 to encourage the governments of other countries to 

20 impose sanctions that are similar to such sanctions. 

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

22 shall be transmitted in unclassified form but may contain 

23 a classified annex. 

24 (c) PUBLIC AVAILABILITY.—The unclassified portion 

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


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26 

HR 3289 PCS

1 available to the public, including through publication in 

2 the Federal Register. 

3 (d) NONAPPLICABILITY OF CONFIDENTIALITY RE4 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

5 President shall publish the report required under sub6 section (a) without regard to the requirements of section 

7 222(f) of the Immigration and Nationality Act (8 U.S.C. 

8 1202(f)) with respect to confidentiality of records per9 taining to the issuance or refusal of visas or permits to 

10 enter the United States. 

11 SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. 

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

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

14 shall be determined by reference to the latest statement 

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

16 Act, submitted for printing in the Congressional Record 

17 by the Chairman of the House Budget Committee, pro18 vided that such statement has been submitted prior to the 

19 vote on passage. 

Passed the House of Representatives October 15, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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kjohnson on DSK79L0C42 with BILLS
Calendar No. 243 

116TH CONGRESS 

1ST SESSION H. R. 3289 

AN ACT 

To amend the Hong Kong Policy Act of 1992 and 

for other purposes. 

OCTOBER 16, 2019 

Received; read twice and placed on the calendar 


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