116TH CONGRESS 

1ST SESSION S. 1838 

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. Annual report on violations of United States export control laws and 

United Nations sanctions occurring in Hong Kong. 

Sec. 6. Protecting United States citizens and others from rendition to the People’s Republic of China. 

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

in Hong Kong. 

Sec. 8. Sanctions reports. 

Sec. 9. Sense of Congress on People’s Republic of China state-controlled media. 

Sec. 10. Sense of Congress on commercial exports of crowd control equipment 

to Hong Kong. 

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 Relations of 

13 the Senate; 

14 (B) the Committee on Armed Services of 

15 the Senate; 

16 (C) the Committee on Banking, Housing, 

17 and Urban Affairs of the Senate; 

18 (D) the Committee on Homeland Security 

19 and Governmental Affairs of the Senate; 
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1 (E) the Committee on the Judiciary of the 

2 Senate; 

3 (F) the Committee on Foreign Affairs of 

4 the House of Representatives; 

5 (G) the Committee on Armed Services of 

6 the House of Representatives; 

7 (H) the Committee on Financial Services 

8 of the House of Representatives; 

9 (I) the Committee on Homeland Security 

10 of the House of Representatives; and 

11 (J) the Committee on the Judiciary of the 

12 House of Representatives. 

13 (2) SOCIAL CREDIT SYSTEM.—The term ‘‘social 

14 credit system’’ means a system proposed by the Gov15 ernment of the People’s Republic of China and 

16 scheduled for implementation by 2020, which 

17 would— 

18 (A) use existing financial credit systems, 

19 public records, online activity, and other tools 

20 of surveillance to aggregate data on every Chi21 nese citizen and business; and 

22 (B) use such data to monitor, shape, and 

23 rate certain financial, social, religious, or polit24 ical behaviors. 
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1 (3) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen; 

4 (B) a lawfully admitted permanent resi5 dent of the United States; or 

6 (C) an entity organized under the laws 

7 of— 

8 (i) the United States; or 

9 (ii) any jurisdiction within the United 

10 States, including a foreign branch of such 

11 an entity. 

12 SEC. 3. STATEMENT OF POLICY. 

13 It is the policy of the United States— 

14 (1) to reaffirm the principles and objectives set 

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

16 1992 (Public Law 102–383), namely that— 

17 (A) the United States has ‘‘a strong inter18 est in the continued vitality, prosperity, and 

19 stability of Hong Kong’’; 

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

21 fundamental principle of United States foreign 

22 policy’’ and therefore ‘‘naturally applies to 

23 United States policy toward Hong Kong’’; 

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

25 Hong Kong are of great importance to the 
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1 United States and are directly relevant to 

2 United States interests in Hong Kong [and] 

3 serve as a basis for Hong Kong’s continued eco4 nomic prosperity’’; and 

5 (D) Hong Kong must remain sufficiently 

6 autonomous from the People’s Republic of 

7 China to ‘‘justify treatment under a particular 

8 law of the United States, or any provision 

9 thereof, different from that accorded the Peo10 ple’s Republic of China’’; 

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

12 fundamental rights and freedoms of the people of 

13 Hong Kong, as enumerated by— 

14 (A) the Joint Declaration of the Govern15 ment of the United Kingdom of Great Britain 

16 and Northern Ireland and the Government of 

17 the People’s Republic of China on the Question 

18 of Hong Kong, done at Beijing December 19, 

19 1984 (referred to in this Act as the ‘‘Joint Dec20 laration’’); 

21 (B) the International Covenant on Civil 

22 and Political Rights, done at New York Decem23 ber 19, 1966; and 

24 (C) the Universal Declaration of Human 

25 Rights, done at Paris December 10, 1948; 
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1 (3) to support the democratic aspirations of the 

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

3 of the selection of the Chief Executive and all mem4 bers of the Legislative Council by universal suffrage, 

5 as articulated in the Basic Law of the Hong Kong 

6 Special Administrative Region of the People’s Re7 public of China (referred to in this Act as the 

8 ‘‘Basic Law’’); 

9 (4) to urge the Government of the People’s Re10 public of China to uphold its commitments to Hong 

11 Kong, including allowing the people of Hong Kong 

12 to govern Hong Kong with a high degree of auton13 omy and without undue interference, and ensuring 

14 that Hong Kong voters freely enjoy the right to elect 

15 the Chief Executive and all members of the Hong 

16 Kong Legislative Council by universal suffrage; 

17 (5) to support the establishment of a genuine 

18 democratic option to freely and fairly nominate and 

19 elect the Chief Executive of Hong Kong, and the es20 tablishment by 2020 of open and direct democratic 

21 elections for all members of the Hong Kong Legisla22 tive Council; 

23 (6) to support the robust exercise by residents 

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

25 and other fundamental freedoms, as provided by the 
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1 Basic Law, the Joint Declaration, and the Inter2 national Covenant on Civil and Political Rights; 

3 (7) to support freedom from arbitrary or unlaw4 ful arrest, detention, or imprisonment for all Hong 

5 Kong residents, as provided by the Basic Law, the 

6 Joint Declaration, and the International Covenant 

7 on Civil and Political Rights; 

8 (8) to draw international attention to any viola9 tions by the Government of the People’s Republic of 

10 China of the fundamental rights of the people of 

11 Hong Kong, as provided by the International Cov12 enant on Civil and Political Rights, and any en13 croachment upon the autonomy guaranteed to Hong 

14 Kong by the Basic Law and the Joint Declaration; 

15 (9) to protect United States citizens and long16 term permanent residents living in Hong Kong, as 

17 well as people visiting and transiting through Hong 

18 Kong; 

19 (10) to maintain the economic and cultural ties 

20 that provide significant benefits to both the United 

21 States and Hong Kong; and 

22 (11) to coordinate with allies, including the 

23 United Kingdom, Australia, Canada, Japan, and the 

24 Republic of Korea, to promote democracy and 

25 human rights in Hong Kong. 
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1 SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG 

2 POLICY ACT OF 1992. 

3 (a) REPORT.—Title II of the United States-Hong 

4 Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is 

5 amended— 

6 (1) in section 201(b), by striking ‘‘such date’’ 

7 each place such term appears and inserting ‘‘the 

8 date of the enactment of the Hong Kong Human 

9 Rights and Democracy Act of 2019’’; and 

10 (2) adding at the end the following: 

11 ‘‘SEC. 205. SECRETARY OF STATE REPORT REGARDING THE 

12 AUTONOMY OF HONG KONG. 

13 ‘‘(a) CERTIFICATION.— 

14 ‘‘(1) IN GENERAL.—Except as provided in sub15 section (b), the Secretary of State, on at least an an16 nual basis, and in conjunction with the report re17 quired under section 301, shall issue a certification 

18 to Congress that— 

19 ‘‘(A) indicates whether Hong Kong con20 tinues to warrant treatment under United 

21 States law in the same manner as United 

22 States laws were applied to Hong Kong before 

23 July 1, 1997; 

24 ‘‘(B) addresses— 

25 ‘‘(i) commercial agreements; 
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1 ‘‘(ii) law enforcement cooperation, in2 cluding extradition requests; 

3 ‘‘(iii) sanctions enforcement; 

4 ‘‘(iv) export controls, and any other 

5 agreements and forms of exchange involv6 ing dual use, critical, or other sensitive 

7 technologies; 

8 ‘‘(v) any formal treaties or agree9 ments between the United States and 

10 Hong Kong; 

11 ‘‘(vi) other areas of bilateral coopera12 tion that the Secretary determines to be 

13 relevant; and 

14 ‘‘(vii) decision-making within the Gov15 ernment of Hong Kong, including execu16 tive, legislative, and judicial structures, in17 cluding— 

18 ‘‘(I) freedom of assembly; 

19 ‘‘(II) freedom of speech; 

20 ‘‘(III) freedom of expression; and 

21 ‘‘(IV) freedom of the press, in22 cluding the Internet and social media; 

23 ‘‘(viii) universal suffrage, including 

24 the ultimate aim of the selection of the 
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1 Chief Executive and all members of the 

2 Legislative Council by universal suffrage; 

3 ‘‘(ix) judicial independence; 

4 ‘‘(x) police and security functions; 

5 ‘‘(xi) education; 

6 ‘‘(xii) laws or regulations regarding 

7 treason, secession, sedition, subversion 

8 against the Central People’s Government 

9 of the People’s Republic of China, or theft 

10 of state secrets; 

11 ‘‘(xiii) laws or regulations regarding 

12 foreign political organizations or bodies; 

13 ‘‘(xiv) laws or regulations regarding 

14 political organizations; and 

15 ‘‘(xv) other rights enumerated in the 

16 Universal Declaration of Human Rights, 

17 done at Paris December 10, 1948, and the 

18 International Covenant on Civil and Polit19 ical Rights, done at New York December 

20 19, 1966; and 

21 ‘‘(C) includes— 

22 ‘‘(i) an assessment of the degree of 

23 any erosions to Hong Kong’s autonomy in 

24 each category listed in subparagraph (B) 

25 resulting from actions by the Government 
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1 of the People’s Republic of China that are 

2 inconsistent with its commitments under 

3 the Basic Law or the Joint Declaration; 

4 ‘‘(ii) an evaluation of the specific im5 pacts to any areas of cooperation between 

6 the United States and Hong Kong result7 ing from erosions of autonomy in Hong 

8 Kong or failures of the Government of 

9 Hong Kong to fulfill obligations to the 

10 United States under international agree11 ments within the categories listed in sub12 paragraph (B); and 

13 ‘‘(iii) a list of any specific actions 

14 taken by the United States Government in 

15 response to any erosion of autonomy or 

16 failures to fulfill obligations to the United 

17 States under international agreements 

18 identified in this certification and the re19 port required under section 301. 

20 ‘‘(2) FACTOR FOR CONSIDERATION.—In making 

21 each certification under paragraph (1), the Secretary 

22 of State should consider the terms, obligations, and 

23 expectations expressed in the Joint Declaration with 

24 respect to Hong Kong. 
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1 ‘‘(3) ADDITIONAL CERTIFICATIONS.—The cer2 tification under section (1) shall be issued annually, 

3 but the Secretary may issue additional certifications 

4 at any time if the Secretary determines it is war5 ranted by circumstances in Hong Kong. 

6 ‘‘(b) WAIVER AUTHORITY.— 

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

8 waive the application of subsection (a) if— 

9 ‘‘(A) the Secretary determines that such a 

10 waiver is in the national security interests of 

11 the United States; and 

12 ‘‘(B) on or before the date on which the 

13 waiver takes effect, the Secretary notifies the 

14 Committee on Foreign Relations of the Senate 

15 and the Committee on Foreign Affairs of the 

16 House of Representatives of the intent to waive 

17 such subsection; 

18 ‘‘(2) PARTIAL WAIVER.—Except for the list of 

19 actions described in subsection (a)(1)(C)(iii), the 

20 Secretary of State may waive relevant parts of the 

21 application of subsection (a) if the President issues 

22 an Executive order under section 202 that suspends 

23 the application of any particular United States law 

24 to Hong Kong.’’. 
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1 (b) VISA APPLICANTS.—Title II of the United States2 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 

3 as amended by subsection (a), is further amended by add4 ing at the end the following: 

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

6 VISAS TO STUDY OR WORK IN THE UNITED 

7 STATES. 

8 ‘‘(a) VISA ELIGIBILITY FOR CERTAIN HONG KONG

9 STUDENTS.—Notwithstanding any other provision of law, 

10 applications for visas to enter, study, or work in the 

11 United States, which are submitted by otherwise qualified 

12 applicants who resided in Hong Kong in 2014 and later, 

13 may not be denied primarily on the basis of the applicant’s 

14 subjection to politically-motivated arrest, detention, or 

15 other adverse government action. 

16 ‘‘(b) IMPLEMENTATION.—The Secretary of State 

17 shall take such steps as may be necessary to ensure that 

18 consular officers are aware of the policy described in sub19 section (a) and receive appropriate training and support 

20 to ensure that the policy is carried out so that affected 

21 individuals do not face discrimination or unnecessary 

22 delay in the processing of their visa applications, includ23 ing— 

24 ‘‘(1) providing specialized training for all con25 sular officers posted to the United States Embassy 
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1 in Beijing or to any United States consulate in the 

2 People’s Republic of China, the Hong Kong Special 

3 Administrative Region, or the Macau Special Admin4 istrative Region; 

5 ‘‘(2) instructing the United States Consulate in 

6 Hong Kong to maintain an active list of individuals 

7 who are known to have been formally charged, de8 tained, or convicted by the Government of Hong 

9 Kong Special Administrative Region or by the Gov10 ernment of the People’s Republic of China, or inter11 mediaries of such governments, based on politically12 motivated considerations related to their exercise of 

13 rights enumerated in the Universal Declaration of 

14 Human Rights, done at Paris December 10, 1948, 

15 or the International Covenant on Civil and Political 

16 Rights, done at New York December 19, 1966, to 

17 facilitate the cross-checking of visa applications for 

18 Hong Kong residents; and 

19 ‘‘(3) updating any relevant United States Gov20 ernment websites with information on the policy de21 scribed in subsection (a). 

22 ‘‘(c) COOPERATION WITH LIKE-MINDED COUN23 TRIES.—The Secretary of State shall contact appropriate 

24 representatives of other democratic countries, particularly 
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1 those who receive a large number of applicants for student 

2 and employment visas from Hong Kong— 

3 ‘‘(1) to inform them of the United States policy 

4 regarding arrests for participation in nonviolent pro5 tests in Hong Kong; and 

6 ‘‘(2) to encourage them to take similar steps to 

7 ensure the rights of nonviolent protesters are pro8 tected from discrimination due to the actions of the 

9 Government of Hong Kong and of the Government 

10 of the People’s Republic of China.’’. 

11 SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED 

12 STATES EXPORT CONTROL LAWS AND 

13 UNITED NATIONS SANCTIONS OCCURRING IN 

14 HONG KONG. 

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

16 date of the enactment of this Act, and annually thereafter 

17 until the date that is 7 years after the date of the enact18 ment of this Act, the Secretary of Commerce, in consulta19 tion with the Secretary of the Treasury and the Secretary 

20 of State, shall submit a report to the committees specified 

21 in subsection (b) that includes— 

22 (1) an assessment of the nature and extent of 

23 violations of United States export control and sanc24 tions laws occurring in Hong Kong; 
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1 (2) to the extent possible, the identification 

2 of— 

3 (A) any items that were reexported from 

4 Hong Kong in violation of the laws referred to 

5 in paragraph (1); 

6 (B) the countries and persons to which the 

7 items referred to in subparagraph (A) were re8 exported; and 

9 (C) how such items were used; 

10 (3) an assessment of whether sensitive dual-use 

11 items subject to the export control laws of the 

12 United States are being— 

13 (A) transshipped through Hong Kong; and 

14 (B) used to develop— 

15 (i) the Sharp Eyes, Skynet, Inte16 grated Joint Operations Platform, or other 

17 systems of mass surveillance and predictive 

18 policing; or 

19 (ii) the ‘‘social credit system’’ of the 

20 People’s Republic of China; 

21 (4) an assessment of the efforts by the Govern22 ment of the People’s Republic of China to use the 

23 status of Hong Kong as a separate customs territory 

24 to import items into the People’s Republic of China 

25 from Hong Kong in violation of the export control 
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1 laws of the United States, whether as part of the 

2 Greater Bay Area plan, through the assignment by 

3 Beijing of Hong Kong as a national technology and 

4 innovation center, or through other programs that 

5 may exploit Hong Kong as a conduit for controlled 

6 sensitive technology; 

7 (5) an assessment of whether the Government 

8 of Hong Kong has adequately enforced sanctions im9 posed by the United Nations; 

10 (6) a description of the types of goods and serv11 ices transshipped or reexported through Hong Kong 

12 in violation of such sanctions to— 

13 (A) North Korea or Iran; or 

14 (B) other countries, regimes, or persons 

15 subject to such sanctions for engaging in activi16 ties— 

17 (i) relating to international terrorism, 

18 international narcotics trafficking, or the 

19 proliferation of weapons of mass destruc20 tion; or 

21 (ii) that otherwise present a threat to 

22 the national security, foreign policy, or 

23 economy of the United States; and 

24 (7) an assessment of whether shortcomings in 

25 the enforcement of export controls or sanctions by 
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1 the Government of Hong Kong necessitates the as2 signment of additional Department of the Treasury, 

3 Department of Commerce, or Department of State 

4 personnel to the United States Consulate in Hong 

5 Kong. 

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

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 Commerce, Science, and 

13 Transportation of the Senate; 

14 (4) the Committee on Foreign Affairs of the 

15 House of Representatives; and 

16 (5) the Committee on Energy and Commerce of 

17 the House of Representatives. 

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

19 subsection (a) shall be submitted in unclassified form, but 

20 may include a classified annex. 

21 SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTH22 ERS FROM RENDITION TO THE PEOPLE’S RE23 PUBLIC OF CHINA. 

24 (a) POLICY STATEMENTS.—It is the policy of the 

25 United States— 
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1 (1) to safeguard United States citizens from ex2 tradition, rendition, or abduction to the People’s Re3 public of China from Hong Kong for trial, detention, 

4 or any other purpose; 

5 (2) to safeguard United States businesses in 

6 Hong Kong from economic coercion and intellectual 

7 property theft; 

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

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

10 5713(7)), to encourage United States businesses ‘‘to 

11 continue to operate in Hong Kong, in accordance 

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

13 and 

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

15 U.S.C. 5721(b)), to evaluate, not less frequently 

16 than annually and as circumstances, dictate whether 

17 the Government of Hong Kong is ‘‘legally competent 

18 to carry out its obligations’’ under treaties and 

19 international agreements established between the 

20 United States and Hong Kong. 

21 (b) RESPONSE TO THREAT OF RENDITION.—Not 

22 later than 30 days after the President determines that leg23 islation proposed or enacted by the Government of Hong 

24 Kong would put United States citizens at risk of extra25 dition or rendition to the People’s Republic of China or 
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1 to other countries that lack protections for the rights of 

2 defendants, the President shall submit a report to the ap3 propriate congressional committees that— 

4 (1) contains a strategy for protecting United 

5 States citizens and businesses in Hong Kong; 

6 (2) assesses the potential risks of the legislation 

7 to United States citizens residing in, traveling to, or 

8 transiting through Hong Kong; and 

9 (3) determines whether— 

10 (A) additional resources are needed for 

11 American Citizen Services at the United States 

12 Consulate in Hong Kong; and 

13 (B) the Government of Hong Kong is ‘‘le14 gally competent’’ to administer the United 

15 States-Hong Kong Agreement for the Sur16 render of Fugitive Offenders, done at Hong 

17 Kong December 20, 1996, or other relevant law 

18 enforcement agreements between the United 

19 States and Hong Kong. 

20 SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDA21 MENTAL FREEDOMS AND AUTONOMY IN 

22 HONG KONG. 

23 (a) IDENTIFICATION OF PERSONS RESPONSIBLE FOR

24 UNDERMINING FUNDAMENTAL FREEDOMS AND AUTON25 OMY IN HONG KONG.— 
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1 (1) IN GENERAL.—The President shall submit 

2 a report to the appropriate congressional commit3 tees, in accordance with paragraph (2), that identi4 fies each foreign person that the President deter5 mines is responsible for— 

6 (A) the extrajudicial rendition, arbitrary 

7 detention, or torture of any person in Hong 

8 Kong; or 

9 (B) other gross violations of internationally 

10 recognized human rights in Hong Kong. 

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

12 submit to the appropriate congressional commit13 tees— 

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 not later than 

24 15 days after any new action is taken under 
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1 subsection (b) based on the discovery of new in2 formation described in paragraph (1). 

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

6 (A) information provided jointly by the 

7 chairperson and ranking member of each of the 

8 appropriate congressional committees; and 

9 (B) information obtained by other coun10 tries or reputable nongovernmental organiza11 tions that monitor violations of human rights 

12 abuses. 

13 (4) FORM.—The report required under para14 graph (1) shall be submitted in unclassified form, 

15 but may include a classified annex. 

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

17 impose the sanctions described in subsection (c) with re18 spect to each foreign person identified in the report re19 quired under subsection (a)(1). 

20 (c) SANCTIONS DESCRIBED.—The sanctions de21 scribed in this subsection are the following: 

22 (1) ASSET BLOCKING.—The President shall ex23 ercise all of the powers granted to the President 

24 under the International Emergency Economic Pow25 ers Act (50 U.S.C. 1701 et seq.) to the extent nec-
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1 essary to block and prohibit all transactions in prop2 erty and interests in property of a foreign person 

3 identified in the report required under subsection 

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

5 in the United States, come within the United States, 

6 or come within the possession or control of a United 

7 States person. 

8 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

9 PAROLE.— 

10 (A) VISAS, ADMISSION, OR PAROLE.—An 

11 alien described in subsection (a)(1) 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.—An alien described 

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

24 of any visa or other entry documentation 
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1 regardless of when the visa or other entry 

2 documentation is or was 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 (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 per24 son identified in the report required under subsection 

25 (a)(1) if the President determines and certifies to the ap-
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1 propriate congressional committees that such a waiver is 

2 in the national interest of the United States. 

3 (f) EXCEPTIONS.— 

4 (1) EXCEPTION FOR INTELLIGENCE ACTIVI5 TIES.—Sanctions under this section shall not apply 

6 to any activity subject to the reporting requirements 

7 under title V of the National Security Act of 1947 

8 (50 U.S.C. 3091 et seq.) or any authorized intel9 ligence activities of the United States. 

10 (2) EXCEPTION TO COMPLY WITH INTER11 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE12 MENT ACTIVITIES.—Sanctions under subsection 

13 (c)(2) shall not apply with respect to an alien if ad14 mitting or paroling the alien into the United States 

15 is necessary— 

16 (A) to permit the United States to comply 

17 with the Agreement regarding the Head18 quarters of the United Nations, signed at Lake 

19 Success June 26, 1947, and entered into force 

20 November 21, 1947, between the United Na21 tions and the United States, or other applicable 

22 international obligations; or 

23 (B) to carry out or assist law enforcement 

24 activity in the United States. 
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1 (3) EXCEPTION RELATING TO IMPORTATION OF

2 GOODS.— 

3 (A) IN GENERAL.—The authorities and re4 quirements to impose sanctions authorized 

5 under this section shall not include the author6 ity or a requirement to impose sanctions on the 

7 importation of goods. 

8 (B) GOOD DEFINED.—In this paragraph, 

9 the term ‘‘good’’ means any article, natural or 

10 manmade substance, material, supply, or manu11 factured product, including inspection and test 

12 equipment, and excluding technical data. 

13 (g) TERMINATION OF SANCTIONS.—The President 

14 may terminate the application of sanctions under this sec15 tion with respect to a person if the President determines 

16 and reports to the appropriate congressional committees 

17 not less than 15 days before the termination takes effect 

18 that— 

19 (1) information exists that the person did not 

20 engage in the activity for which sanctions were im21 posed; 

22 (2) the person has been prosecuted appro23 priately for the activity for which sanctions were im24 posed; 
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1 (3) the person has credibly demonstrated a sig2 nificant change in behavior, has paid an appropriate 

3 consequence for the activity for which sanctions were 

4 imposed, and has credibly committed to not engage 

5 in an activity described in subsection (a)(1) in the 

6 future; or 

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

8 national security interests of the United States. 

9 (h) SUNSET.—This section, and any sanctions im10 posed under this section, shall terminate on the date that 

11 is 5 years after the date of the enactment of this Act. 

12 (i) DEFINITIONS.—In this section: 

13 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

14 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 

15 meanings given those terms in section 101 of the 

16 Immigration and Nationality Act (8 U.S.C. 1101). 

17 (2) FOREIGN PERSON.—The term ‘‘foreign per18 son’’ means a person that is not a United States 

19 person. 

20 SEC. 8. SANCTIONS REPORTS. 

21 (a) IN GENERAL.—In accordance with section 7, the 

22 President shall submit, to the appropriate congressional 

23 committees, a report that includes— 
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1 (1) a list of each foreign person with respect to 

2 which the President imposed sanctions during the 

3 year preceding the submission of the report; 

4 (2) a description of the type of sanctions im5 posed with respect to each such person; 

6 (3) the number of foreign persons with respect 

7 to which the President terminated sanctions under 

8 section 7 during that year; 

9 (4) the dates on which such sanctions were im10 posed or terminated, as applicable; 

11 (5) the reasons for imposing or terminating 

12 such sanctions; and 

13 (6) a description of the efforts of the President 

14 to encourage the governments of other countries to 

15 impose sanctions that are similar to the sanctions 

16 authorized under section 7. 

17 (b) NONAPPLICABILITY OF CONFIDENTIALITY RE18 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

19 President shall publish the report required under sub20 section (a) without regard to the requirements of section 

21 222(f) of the Immigration and Nationality Act (8 U.S.C. 

22 1202(f)) with respect to confidentiality of records per23 taining to the issuance or refusal of visas or permits to 

24 enter the United States. 
29 

†S 1838 ES

1 SEC. 9. SENSE OF CONGRESS ON PEOPLE’S REPUBLIC OF 

2 CHINA STATE-CONTROLLED MEDIA. 

3 It is the sense of Congress that— 

4 (1) the United States condemns the deliberate 

5 targeting and harassment of democracy activists, 

6 diplomatic personnel of the United States and other 

7 nations, and their families by media organizations 

8 controlled by the Government of the People’s Repub9 lic of China, including Wen Wei Po and Ta Kung 

10 Po; 

11 (2) the Secretary of State should clearly inform 

12 the Government of the People’s Republic of China 

13 that the use of media outlets to spread 

14 disinformation or to intimidate and threaten its per15 ceived enemies in Hong Kong or in other countries 

16 is unacceptable; and 

17 (3) the Secretary of State should take any ac18 tivities described in paragraph (1) or (2) into consid19 eration when granting visas for travel and work in 

20 the United States to journalists from the People’s 

21 Republic of China who are affiliated with any such 

22 media organizations. 
30 

†S 1838 ES

1 SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS 

2 OF CROWD CONTROL EQUIPMENT TO HONG 

3 KONG. 

4 It is sense of Congress that the Department of Com5 merce, in conjunction with other relevant Federal depart6 ments and agencies, should consider appropriate adjust7 ments to the current United States export controls with 

8 respect to Hong Kong to prevent the supply of crowd con9 trol and surveillance equipment that could be used inap10 propriately in Hong Kong. 

Passed the Senate November 19, 2019. 

Attest: 

Secretary. 

116TH CONGRESS 

1ST SESSION S. 1838 

AN ACT 

To amend the Hong Kong Policy Act of 1992, and 

for other purposes.