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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1838 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1838

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

   Mr. Rubio (for himself, Mr. Cardin, Mr. Risch, Mr. Menendez, Mr. 
Hawley, Mr. King, Mr. Markey, and Mr. Cotton) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hong Kong Human 
Rights and Democracy Act of 2019''.
    (b) Table of Contents.--The table of contents for 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 enforcement of United States export control 
                            and sanctions laws by Hong Kong.
Sec. 6. Protecting United States citizens and others from rendition to 
                            mainland China.
Sec. 7. Identification of persons responsible for abductions and for 
                            other actions to suppress basic freedoms in 
                            Hong Kong.
Sec. 8. Inadmissibility of certain aliens and family members.
Sec. 9. Financial measures.
Sec. 10. Reports to Congress.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (C) the Committee on Foreign Relations of the 
                Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on the Judiciary of the Senate;
                    (F) the Committee on Armed Services of the House of 
                Representatives;
                    (G) the Committee on Financial Services of the 
                House of Representatives;
                    (H) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (I) the Committee on Homeland Security of the House 
                of Representatives; and
                    (J) the Committee on the Judiciary of the House of 
                Representatives.
            (3) China.--The term ``China'' means the People's Republic 
        of China.
            (4) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.
            (5) Social credit system.--The term ``social credit 
        system'' means a system proposed by the Government of China, 
        scheduled to be implemented by 2020, that would aggregate data 
        on every Chinese citizen and business from existing financial 
        credit systems, mass surveillance, public records, online 
        activity, and artificial intelligence to expand the notion of a 
        financial credit score, potentially rewarding or punishing 
        certain financial, social, religious, or political behaviors.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to reaffirm the principles and objectives set forth in 
        the United States-Hong Kong Policy Act of 1992 (Public Law 102-
        383), namely that--
                    (A) the United States has ``a strong interest in 
                the continued vitality, prosperity, and stability of 
                Hong Kong'';
                    (B) ``[s]upport for democratization is a 
                fundamental principle of United States foreign 
                policy'';
                    (C) ``the human rights of the people of Hong Kong 
                are of great importance to the United States and are 
                directly relevant to United States interests in Hong 
                Kong [and] serve as a basis for Hong Kong's continued 
                economic prosperity''; and
                    (D) Hong Kong must remain sufficiently autonomous 
                from the People's Republic of China to justify a 
                different treatment under a particular law of the 
                United States, or any provision thereof, from that 
                accorded the People's Republic of China;
            (2) to support the democratic aspirations of the people of 
        Hong Kong, as guaranteed to them by the Joint Declaration of 
        the Government of the United Kingdom of Great Britain and 
        Northern Ireland and the Government of the People's Republic of 
        China on the Question of Hong Kong, done at Beijing December 
        19, 1984 (referred to in this Act as the ``Joint 
        Declaration''), the International Covenant on Civil and 
        Political Rights, done at New York December 19, 1966, the 
        Universal Declaration of Human Rights, done at Paris December 
        10, 1948, and the Basic Law of the Hong Kong Special 
        Administrative Region of the People's Republic of China 
        (referred to in this Act as the ``Basic Law'');
            (3) to urge the Government of the People's Republic of 
        China to uphold its commitments to Hong Kong, including 
        allowing the people of Hong Kong to rule Hong Kong with a high 
        degree of autonomy and without undue interference, and ensuring 
        that Hong Kong voters freely enjoy the right to elect the Chief 
        Executive and all members of the Hong Kong Legislative Council 
        by universal suffrage;
            (4) to support the establishment of a genuine democratic 
        option to freely and fairly nominate and elect the Chief 
        Executive of Hong Kong, and the establishment by 2020 of open 
        and direct democratic elections for all members of the Hong 
        Kong Legislative Council;
            (5) to support the robust exercise by residents of Hong 
        Kong of the rights to free speech and the press as guaranteed 
        to them by the Basic Law and the Joint Declaration;
            (6) to ensure that all residents of Hong Kong are afforded 
        freedom from arbitrary or unlawful arrest, detention, or 
        imprisonment as guaranteed to them by the Basic Law and the 
        Joint Declaration;
            (7) to draw international attention to any violations by 
        the Government of the People's Republic of China of the 
        fundamental rights of residents of Hong Kong and any 
        encroachment upon the autonomy guaranteed to Hong Kong by the 
        Basic Law and the Joint Declaration;
            (8) to protect United States citizens and long-term 
        permanent residents living in Hong Kong and those visiting and 
        transiting through Hong Kong; and
            (9) to maintain the economic and cultural ties that provide 
        significant benefits to the United States and Hong Kong.

SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992.

    (a) Report.--Title II of the United States-Hong Kong Policy Act of 
1992 (22 U.S.C. 5721 et seq.) is amended--
            (1) in section 201(b), by inserting ``or after'' after 
        ``entered into before''; and
            (2) adding at the end the following:

``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF HONG 
              KONG.

    ``(a) Report.--
            ``(1) In general.--The Secretary of State shall annually 
        certify to Congress, in conjunction with the report required 
        under section 301, whether Hong Kong is sufficiently autonomous 
        to justify special treatment by the United States for bilateral 
        agreements and programs, in accordance with this Act, including 
        the degree to which Hong Kong's autonomy has been eroded due to 
        actions taken by the Government of China that are inconsistent 
        with its commitments in the Basic Law and the Joint Declaration 
        and the impact of such erosion on specific areas of cooperation 
        with the United States, including on political rights, civil 
        liberties, rule of law, freedom of information, religious 
        freedom, and democratic governance in Hong Kong.
            ``(2) Factor for consideration.--In making a certification 
        under paragraph (1), the Secretary of State should consider the 
        terms, obligations, and expectations expressed in the Joint 
        Declaration with respect to Hong Kong.
    ``(b) Waiver Authority.--The Secretary of State may waive the 
application of subsection (a) if the Secretary--
            ``(1) determines that such a waiver is in the national 
        security interests of the United States; and
            ``(2) on or before the date on which the waiver takes 
        effect, notifies the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives of the intent to waive such subsection.''.
    (b) Visa Applicants.--Title II of the United States-Hong Kong 
Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection 
(a), is further amended by adding at the end the following:

``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR 
              WORK IN THE UNITED STATES.

    ``(a) Statement of Policy.--Notwithstanding any other provision of 
law, applications for visas to enter, study, or work in the United 
States, which are submitted by otherwise qualified applicants who 
resided in Hong Kong in 2014, shall not be denied on the basis of the 
applicant's arrest, detention, or other adverse government action taken 
as a result of the applicant's participation in nonviolent protest 
activities related to the electoral process, internationally recognized 
human rights, protecting an independent judiciary, or the rule of law.
    ``(b) Implementation.--The Secretary of State shall take such steps 
as may be necessary to ensure that consular officers are aware of the 
policy described in subsection (a) and receive appropriate training and 
support to ensure that the policy is carried out so that affected 
individuals do not face discrimination or unnecessary delay in the 
processing of their visa applications, including--
            ``(1) providing specialized training for consular officers 
        posted to Hong Kong, Beijing, Guangzhou, or Macau;
            ``(2) instructing the United States Consulate in Hong Kong 
        to maintain an active list of individuals whom are known to 
        have been detained, arrested, or otherwise targeted by the 
        Government of Hong Kong or of China, or intermediaries of such 
        governments, as a result of their participation in the 2014 
        protests, to facilitate the cross-checking of visa applications 
        for Hong Kong residents;
            ``(3) amending the physical and online versions of the visa 
        application, as necessary, to notify relevant applicants of 
        such policy; and
            ``(4) instructing personnel at the United States Consulate 
        in Hong Kong to engage with relevant individuals in the Hong 
        Kong community to proactively inform them that they will not 
        face discrimination when applying for a visa to the United 
        States due to any adverse action taken against them by the 
        authorities as a result of their participation in the 2014 
        protests or other peaceful pro-democracy or human rights 
        demonstrations.
    ``(c) Cooperation With Like-Minded Countries.--The Secretary of 
State, or his or her designee, shall contact appropriate 
representatives of other democratic countries, particularly those who 
receive a large number of applicants for student and employment visas 
from Hong Kong--
            ``(1) to inform them of the United States policy regarding 
        arrests for participation in nonviolent protests in Hong Kong;
            ``(2) to encourage them to take similar steps to ensure the 
        rights of nonviolent protesters are protected from 
        discrimination due to the actions of the Government of Hong 
        Kong and of China; and
            ``(3) to offer to share information, as appropriate, 
        regarding the execution of such policy, including information 
        regarding persons eligible for relief under such policy.''.

SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL 
              AND SANCTIONS LAWS BY HONG KONG.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Commerce, in consultation with the Secretary of the Treasury and the 
Secretary of State, shall submit a report to the committees specified 
in subsection (b) that includes--
            (1) an assessment of whether the Government of Hong Kong 
        has adequately enforced the export control laws of the United 
        States with respect to sensitive dual-use items;
            (2) to the extent possible, an identification of--
                    (A) any items that were reexported from Hong Kong 
                in violation of such laws;
                    (B) the countries and persons to which such items 
                were reexported; and
                    (C) how such items were used;
            (3) an assessment of whether sensitive dual-use items 
        subject to the export control laws of the United States are 
        being--
                    (A) transshipped through Hong Kong; and
                    (B) used to develop--
                            (i) the Sharp Eyes, Skynet, Integrated 
                        Joint Operations Platform, or other systems of 
                        mass surveillance and predictive policing; or
                            (ii) the ``social credit'' system of China;
            (4) an assessment of the efforts by the Government of China 
        to use the status of Hong Kong as a separate customs territory 
        to import items into China in violation of the export control 
        laws of the United States, whether as part of the Greater Bay 
        Area plan, the assignment of Hong Kong by Beijing as a national 
        technology and innovation center, or through other programs 
        that may exploit Hong Kong as a conduit for controlled 
        sensitive technology;
            (5) an assessment of whether the Government of Hong Kong 
        has adequately enforced sanctions imposed by the United States 
        and the United Nations; and
            (6) a description of the types of goods and services 
        transshipped or reexported through Hong Kong in violation of 
        such sanctions to--
                    (A) North Korea or Iran; or
                    (B) other countries, regimes, or persons subject to 
                such sanctions for engaging in activities--
                            (i) relating to international terrorism, 
                        international narcotics trafficking, or the 
                        proliferation of weapons of mass destruction; 
                        or
                            (ii) that otherwise present a threat to the 
                        national security, foreign policy, or economy 
                        of the United States.
    (b) Committees Specified.--The committees specified in this 
subsection are--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Banking, Housing, and Urban Affairs of 
        the Senate;
            (3) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (4) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (5) the Committee on Energy and Commerce of the House of 
        Representatives.
    (c) Form of Report.--The report required under subsection (a) shall 
be submitted in unclassified form, but may include a classified annex.

SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO 
              MAINLAND CHINA.

    (a) Findings.--Congress makes the following findings:
            (1) The proposed amendments to Hong Kong's Fugitive 
        Ordinance, if enacted--
                    (A) would allow rendition from Hong Kong of 
                residents or foreign nationals to countries--
                            (i) with criminal procedure systems that 
                        lack strong protections for the rights of 
                        defendants; or
                            (ii) in which the law is used as to repress 
                        internationally recognized human rights, 
                        including to mainland China;
                    (B) would remove independent legislative oversight 
                and appropriate judicial review of extradition 
                requests;
                    (C) may increase the influence of the Government of 
                China in Hong Kong and further erode the autonomy 
                guaranteed Hong Kong by the Joint Declaration; and
                    (D) would erode Hong Kong's reputation as a center 
                of commerce and freedom governed by the rule of law.
            (2) The Government of China has subjected Chinese and 
        foreign nationals, including citizens of the United States, 
        Canada, Australia, Sweden, and Taiwan, to arbitrary detention, 
        televised confessions, denial of legal representation and 
        medical treatment, and other type of mistreatment.
    (b) Policy Statements.--It is the policy of the United States--
            (1) to ensure that United States citizens are protected 
        from rendition to mainland China;
            (2) pursuant to section 103(7) of the United States-Hong 
        Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage 
        United States businesses ``to continue to operate in Hong Kong 
        in accordance with applicable United States and Hong Kong 
        law''; and
            (3) pursuant to section 201(b) of such Act (22 U.S.C. 
        5721(b)), to decide whether the Government of Hong Kong is 
        ``legally competent to carry out its obligations'' under 
        treaties and international agreements established between the 
        United States and Hong Kong.
    (c) Response to Threat of Rendition.--If the proposed amendments to 
Hong Kong's Fugitive Offenders Ordinance are enacted, and the amended 
law allows renditions to countries that lack protection for the rights 
of defendants--
            (1) not later than 30 days after the date of the enactment 
        of such amendments, the President shall submit a report to the 
        appropriate congressional committees that--
                    (A) assesses whether the Government of Hong Kong is 
                ``legally competent'' to administer the United States-
                Hong Kong Agreement for the Surrender of Fugitive 
                Offenders;
                    (B) determines whether any additional authorities 
                are needed to revise or withdraw from that treaty to 
                protect United States citizens and national security 
                and to support the guaranteed protections of the Joint 
                Declaration; and
                    (C) includes a strategy for protecting United 
                States citizens from rendition to mainland China from 
                Hong Kong, including an assessment of--
                            (i) whether additional resources are needed 
                        for American Citizen Services at the United 
                        States Consulate in Hong Kong; and
                            (ii) whether the Department of State will 
                        revise the travel advisory for Hong Kong to 
                        reflect the potential impact of the revised 
                        Fugitive Offenders Ordinance on United States 
                        residents and individuals traveling to, or 
                        transiting through, Hong Kong; and
            (2) if the Government of Hong Kong enacts a new law 
        regarding national security, pursuant to Article 23 of the 
        Basic Law, the President and the Secretary of State shall take 
        the actions required under paragraph (1) and any additional 
        actions required under section 202 of the United States-Hong 
        Kong Policy Act of 1992 (U.S.C. 5722) unless Secretary of State 
        certifies that--
                    (A) the new law does not violate the guarantees of 
                the Joint Declaration; and
                    (B) the internationally recognized human rights of 
                Hong Kong citizens and foreign residents will not be 
                restricted as a result of the new law's implementation.

SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR ABDUCTIONS AND FOR 
              OTHER ACTIONS TO SUPPRESS BASIC FREEDOMS IN HONG KONG.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter in conjunction with the 
publication of the report required under section 301 of the Hong Kong 
Policy Act of 1992 (22 U.S.C. 5731) the President shall submit, to the 
appropriate congressional committees, a list containing the name of 
each person who the President determines, based on credible 
information, is responsible for--
            (1) the surveillance, abduction, detention, abuse, or 
        forced confession of Gui Minhai, Lee Bo, Lam Wing-kee, Lui Bo, 
        or Cheung Chi-ping, all of whom are involved in the operation 
        of the Mighty Current Publishing House based in Hong Kong;
            (2) the surveillance, abduction, detention, abuse, or 
        forced confession of Guo Zhongxiao or Wang Jianmin, both of 
        whom are involved in the operation of magazine publications 
        based in Hong Kong; or
            (3) the rendition to the mainland of the People's Republic 
        of China of any individual, or the arbitrary detention, 
        torture, or forced confession of any individual after 
        rendition, in connection with the exercise by that individual 
        of internationally recognized human rights in Hong Kong, 
        including such individuals extradited to the mainland of the 
        People's Republic of China under any amended fugitive offenders 
        ordinance in Hong Kong.
    (b) Consideration of Certain Information.--In preparing the list 
required under subsection (a), the President shall consider--
            (1) information provided by the chairperson and ranking 
        member of each of the appropriate congressional committees; and
            (2) credible information obtained by other countries or 
        nongovernmental organizations, including organizations inside 
        China or Hong Kong, that monitor the human rights abuses of the 
        Government of the China or its agents.
    (c) Requests by Chairperson and Ranking Member of Appropriate 
Congressional Committees.--
            (1) In general.--Not later than 120 days after receiving a 
        written request from the chairperson and ranking member of 1 of 
        the appropriate congressional committees with respect to 
        whether a person meets the criteria for being added to the list 
        required under subsection (a), the President shall submit a 
        response to the chairperson and ranking member of the committee 
        that made the request with respect to the status of the person.
            (2) Information about removal decisions.--If the President 
        removes from the list required under subsection (a) a person 
        that was placed on the list at the request of the chairperson 
        and ranking member of 1 of the appropriate congressional 
        committees, the President shall provide the chairperson and 
        ranking member with any information that contributed to the 
        decision to remove the person.
            (3) Form.--The President may submit a response required 
        under paragraph (1) in classified form if the President 
        determines that such classification is vital to the national 
        security interests of the United States.

SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY MEMBERS.

    (a) In General.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Certain aliens responsible for abductions or 
                extraditions from hong kong.--Any alien included in the 
                list submitted by the President under section 7(a) of 
                the Hong Kong Human Rights and Democracy Act of 2019 is 
                inadmissible.''.
    (b) Current Visas Revoked.--
            (1) In general.--The issuing consular officer, the 
        Secretary of State, or the Secretary of Homeland Security (or a 
        designee of either Secretary) shall revoke any visa or other 
        entry documentation issued to any alien who is included on the 
        list required under section 7(a), regardless of when such visa 
        or entry documentation was issued.
            (2) Effective date.--Revocations under paragraph (1) shall 
        take effect on the date such action is taken and shall 
        automatically cancel any other valid visa or entry 
        documentation that is in the alien's possession.
    (c) Waiver for National Security Interests.--
            (1) In general.--The Secretary of State may waive, with 
        respect to an alien, the application of section 212(a)(2) of 
        the Immigration and Nationality Act, as amended by subsection 
        (a), or the application of subsection (b) if the Secretary--
                    (A) determines that such waiver--
                            (i) is necessary to permit the United 
                        States to comply with the Agreement between the 
                        United Nations and the United States of America 
                        regarding the Headquarters of the United 
                        Nations, signed June 26, 1947, and entered into 
                        force November 21, 1947, or other applicable 
                        international obligations of the United States; 
                        or
                            (ii) is vital to the national security 
                        interests of the United States; and
                    (B) before granting such waiver, provides to the 
                appropriate congressional committees notice of, and a 
                justification for, the waiver.
            (2) Timing for certain waivers.--Notification under 
        subparagraph (B) of paragraph (1) shall be made not later than 
        15 days before granting a waiver under such paragraph if the 
        Secretary grants such waiver under subparagraph (A)(ii) of such 
        paragraph.
    (d) Regulatory Authority.--The Secretary of State shall prescribe 
such regulations as may be necessary to carry out this section.

SEC. 9. FINANCIAL MEASURES.

    (a) Blocking of Property.--The President shall exercise all powers 
granted by the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.) (except that the requirements of section 202 of such Act 
(50 U.S.C. 1701) shall not apply) to the extent necessary to block and 
prohibit all transactions in all property and interests in property of 
a person on the list required under section 7(a) if such property and 
interests in property--
            (1) are in the United States;
            (2) come within the United States; or
            (3) are or come within the possession or control of a 
        United States person.
    (b) Exception for Importation of Goods.--
            (1) In general.--The requirement to impose sanctions under 
        subsection (a) shall not include the authority to impose 
        sanctions with respect to the importation of goods.
            (2) Good defined.--In this subsection, the term ``good'' 
        means any article, natural or manmade substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (c) Waiver for National Security Interests.--The President may 
waive the application of subsection (a) if the President--
            (1) determines that such waiver is vital for the national 
        security interests of the United States; and
            (2) not later than 15 days before granting the waiver, 
        submits to the appropriate congressional committees notice of, 
        and a justification for, the waiver.
    (d) Enforcement.--
            (1) Penalties.--Any person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (a) or any regulation, license, or order issued to 
        carry out that subsection shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of such section.
            (2) Requirements for financial institutions.--Not later 
        than 120 days after the date of the enactment of this Act, the 
        Secretary of the Treasury shall prescribe or amend regulations 
        to the extent necessary to require each financial institution 
        that is a United States person and has within its possession or 
        control assets that are property or interests in property of a 
        person on the list required under section 7(a) to certify to 
        the Secretary that, to the best of the knowledge of the 
        financial institution, the financial institution has blocked 
        all assets within the possession or control of the financial 
        institution in accordance with subsection (a).
            (3) Notification to congress.--Not later than 10 days 
        before prescribing or revising regulations under paragraph (2), 
        the President shall notify the appropriate congressional 
        committees of the proposed regulations and the provisions of 
        this Act or amendments made by this Act that the regulations 
        are implementing.
    (e) Rulemaking.--The Secretary of the Treasury shall issue such 
regulations, licenses, and orders as may be necessary to carry out this 
section.

SEC. 10. REPORTS TO CONGRESS.

    (a) In General.--The President shall submit a report to the 
appropriate congressional committees that includes--
            (1) a list of each foreign person with respect to which the 
        President imposed sanctions pursuant to section 8 or 9 during 
        the 1-year period preceding the submission of the report;
            (2) a description of the type of sanctions imposed with 
        respect to each such person;
            (3) the number of foreign persons with respect to which the 
        President--
                    (A) imposed sanctions under section 8 or 9 during 
                that year; and
                    (B) terminated sanctions under section 8 or 9 
                during that year;
            (4) the dates on which such sanctions were imposed or 
        terminated; and
            (5) the reasons for imposing or terminating such sanctions.
    (b) Dates for Submission.--
            (1) Initial report.--The President shall submit the initial 
        report under subsection (a) not later than 1 year after the 
        date of the enactment of this Act.
            (2) Subsequent reports.--
                    (A) In general.--The President shall submit a 
                report under subsection (a) on December 10, or the 
                first day thereafter on which both Houses of Congress 
                are in session, of--
                            (i) the calendar year in which the initial 
                        report is submitted if the initial report is 
                        submitted before December 10 of that calendar 
                        year; and
                            (ii) each calendar year thereafter.
    (c) Form of Report.--
            (1) In general.--Each report required under subsection (a) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
            (2) Exception.--The name of a foreign person to be included 
        in the list required under subsection (a)(1) may not be 
        included in the classified annex authorized under paragraph (1) 
        unless the President--
                    (A) determines that such inclusion is vital to the 
                national security interests of the United States;
                    (B) uses the annex in a manner consistent with 
                congressional intent and the purposes of this Act; and
                    (C) not later than 15 days before including such 
                name in the classified annex, provides to the 
                appropriate congressional committees notice of, and a 
                justification for, including the name in the classified 
                annex despite any publicly available credible 
                information indicating that the person engaged in an 
                activity described in section 8 or 9.
    (d) Public Availability.--
            (1) In general.--The unclassified portion of the report 
        required under subsection (a) shall be made available to the 
        public, including through publication in the Federal Register.
            (2) Nonapplicability of confidentiality requirement with 
        respect to visa records.--The President shall publish the list 
        required under subsection (a)(1) without regard to the 
        requirements under section 222(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1202(f)) with respect to 
        confidentiality of records pertaining to the issuance or 
        refusal of visas or permits to enter the United States.
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