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

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116th CONGRESS
  1st Session
                                S. 1838

_______________________________________________________________________

                                 AN ACT

 
   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 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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Armed Services of the Senate;
                    (C) the Committee on Banking, Housing, and Urban 
                Affairs 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 Foreign Affairs of the House 
                of Representatives;
                    (G) the Committee on Armed Services of the House of 
                Representatives;
                    (H) the Committee on Financial Services 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.
            (2) Social credit system.--The term ``social credit 
        system'' means a system proposed by the Government of the 
        People's Republic of China and scheduled for implementation by 
        2020, which would--
                    (A) use existing financial credit systems, public 
                records, online activity, and other tools of 
                surveillance to aggregate data on every Chinese citizen 
                and business; and
                    (B) use such data to monitor, shape, and rate 
                certain financial, social, religious, or political 
                behaviors.
            (3) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen;
                    (B) a lawfully admitted permanent resident of the 
                United States; or
                    (C) an entity organized under the laws of--
                            (i) the United States; or
                            (ii) 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'' 
                and therefore ``naturally applies to United States 
                policy toward Hong Kong'';
                    (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 
                treatment under a particular law of the United States, 
                or any provision thereof, different from that accorded 
                the People's Republic of China'';
            (2) to support the high degree of autonomy and fundamental 
        rights and freedoms of the people of Hong Kong, as enumerated 
        by--
                    (A) 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'');
                    (B) the International Covenant on Civil and 
                Political Rights, done at New York December 19, 1966; 
                and
                    (C) the Universal Declaration of Human Rights, done 
                at Paris December 10, 1948;
            (3) to support the democratic aspirations of the people of 
        Hong Kong, including the ``ultimate aim'' of the selection of 
        the Chief Executive and all members of the Legislative Council 
        by universal suffrage, as articulated in 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'');
            (4) 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 govern 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;
            (5) 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;
            (6) to support the robust exercise by residents of Hong 
        Kong of the rights to free speech, the press, and other 
        fundamental freedoms, as provided by the Basic Law, the Joint 
        Declaration, and the International Covenant on Civil and 
        Political Rights;
            (7) to support freedom from arbitrary or unlawful arrest, 
        detention, or imprisonment for all Hong Kong residents, as 
        provided by the Basic Law, the Joint Declaration, and the 
        International Covenant on Civil and Political Rights;
            (8) to draw international attention to any violations by 
        the Government of the People's Republic of China of the 
        fundamental rights of the people of Hong Kong, as provided by 
        the International Covenant on Civil and Political Rights, and 
        any encroachment upon the autonomy guaranteed to Hong Kong by 
        the Basic Law and the Joint Declaration;
            (9) to protect United States citizens and long-term 
        permanent residents living in Hong Kong, as well as people 
        visiting and transiting through Hong Kong;
            (10) to maintain the economic and cultural ties that 
        provide significant benefits to both the United States and Hong 
        Kong; and
            (11) to coordinate with allies, including the United 
        Kingdom, Australia, Canada, Japan, and the Republic of Korea, 
        to promote democracy and human rights in 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 striking ``such date'' each place 
        such term appears and inserting ``the date of the enactment of 
        the Hong Kong Human Rights and Democracy Act of 2019''; and
            (2) adding at the end the following:

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

    ``(a) Certification.--
            ``(1) In general.--Except as provided in subsection (b), 
        the Secretary of State, on at least an annual basis, and in 
        conjunction with the report required under section 301, shall 
        issue a certification to Congress that--
                    ``(A) indicates whether Hong Kong continues to 
                warrant treatment under United States law in the same 
                manner as United States laws were applied to Hong Kong 
                before July 1, 1997;
                    ``(B) addresses--
                            ``(i) commercial agreements;
                            ``(ii) law enforcement cooperation, 
                        including extradition requests;
                            ``(iii) sanctions enforcement;
                            ``(iv) export controls, and any other 
                        agreements and forms of exchange involving dual 
                        use, critical, or other sensitive technologies;
                            ``(v) any formal treaties or agreements 
                        between the United States and Hong Kong;
                            ``(vi) other areas of bilateral cooperation 
                        that the Secretary determines to be relevant; 
                        and
                            ``(vii) decision-making within the 
                        Government of Hong Kong, including executive, 
                        legislative, and judicial structures, 
                        including--
                                    ``(I) freedom of assembly;
                                    ``(II) freedom of speech;
                                    ``(III) freedom of expression; and
                                    ``(IV) freedom of the press, 
                                including the Internet and social 
                                media;
                            ``(viii) universal suffrage, including the 
                        ultimate aim of the selection of the Chief 
                        Executive and all members of the Legislative 
                        Council by universal suffrage;
                            ``(ix) judicial independence;
                            ``(x) police and security functions;
                            ``(xi) education;
                            ``(xii) laws or regulations regarding 
                        treason, secession, sedition, subversion 
                        against the Central People's Government of the 
                        People's Republic of China, or theft of state 
                        secrets;
                            ``(xiii) laws or regulations regarding 
                        foreign political organizations or bodies;
                            ``(xiv) laws or regulations regarding 
                        political organizations; and
                            ``(xv) other rights enumerated in the 
                        Universal Declaration of Human Rights, done at 
                        Paris December 10, 1948, and the International 
                        Covenant on Civil and Political Rights, done at 
                        New York December 19, 1966; and
                    ``(C) includes--
                            ``(i) an assessment of the degree of any 
                        erosions to Hong Kong's autonomy in each 
                        category listed in subparagraph (B) resulting 
                        from actions by the Government of the People's 
                        Republic of China that are inconsistent with 
                        its commitments under the Basic Law or the 
                        Joint Declaration;
                            ``(ii) an evaluation of the specific 
                        impacts to any areas of cooperation between the 
                        United States and Hong Kong resulting from 
                        erosions of autonomy in Hong Kong or failures 
                        of the Government of Hong Kong to fulfill 
                        obligations to the United States under 
                        international agreements within the categories 
                        listed in subparagraph (B); and
                            ``(iii) a list of any specific actions 
                        taken by the United States Government in 
                        response to any erosion of autonomy or failures 
                        to fulfill obligations to the United States 
                        under international agreements identified in 
                        this certification and the report required 
                        under section 301.
            ``(2) Factor for consideration.--In making each 
        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.
            ``(3) Additional certifications.--The certification under 
        section (1) shall be issued annually, but the Secretary may 
        issue additional certifications at any time if the Secretary 
        determines it is warranted by circumstances in Hong Kong.
    ``(b) Waiver Authority.--
            ``(1) In general.--The Secretary of State may waive the 
        application of subsection (a) if--
                    ``(A) the Secretary determines that such a waiver 
                is in the national security interests of the United 
                States; and
                    ``(B) on or before the date on which the waiver 
                takes effect, the Secretary 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;
            ``(2) Partial waiver.--Except for the list of actions 
        described in subsection (a)(1)(C)(iii), the Secretary of State 
        may waive relevant parts of the application of subsection (a) 
        if the President issues an Executive order under section 202 
        that suspends the application of any particular United States 
        law to Hong Kong.''.
    (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) Visa Eligibility for Certain Hong Kong Students.--
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 and 
later, may not be denied primarily on the basis of the applicant's 
subjection to politically-motivated arrest, detention, or other adverse 
government action.
    ``(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 all consular 
        officers posted to the United States Embassy in Beijing or to 
        any United States consulate in the People's Republic of China, 
        the Hong Kong Special Administrative Region, or the Macau 
        Special Administrative Region;
            ``(2) instructing the United States Consulate in Hong Kong 
        to maintain an active list of individuals who are known to have 
        been formally charged, detained, or convicted by the Government 
        of Hong Kong Special Administrative Region or by the Government 
        of the People's Republic of China, or intermediaries of such 
        governments, based on politically-motivated considerations 
        related to their exercise of rights enumerated in the Universal 
        Declaration of Human Rights, done at Paris December 10, 1948, 
        or the International Covenant on Civil and Political Rights, 
        done at New York December 19, 1966, to facilitate the cross-
        checking of visa applications for Hong Kong residents; and
            ``(3) updating any relevant United States Government 
        websites with information on the policy described in subsection 
        (a).
    ``(c) Cooperation With Like-minded Countries.--The Secretary of 
State 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; 
        and
            ``(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 the Government of the People's Republic of 
        China.''.

SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL 
              LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter until the date that is 7 
years after the date of the enactment of this Act, 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 the nature and extent of violations of 
        United States export control and sanctions laws occurring in 
        Hong Kong;
            (2) to the extent possible, the identification of--
                    (A) any items that were reexported from Hong Kong 
                in violation of the laws referred to in paragraph (1);
                    (B) the countries and persons to which the items 
                referred to in subparagraph (A) 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 the 
                        People's Republic of China;
            (4) an assessment of the efforts by the Government of the 
        People's Republic of China to use the status of Hong Kong as a 
        separate customs territory to import items into the People's 
        Republic of China from Hong Kong in violation of the export 
        control laws of the United States, whether as part of the 
        Greater Bay Area plan, through the assignment by Beijing of 
        Hong Kong 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 
        Nations;
            (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; and
            (7) an assessment of whether shortcomings in the 
        enforcement of export controls or sanctions by the Government 
        of Hong Kong necessitates the assignment of additional 
        Department of the Treasury, Department of Commerce, or 
        Department of State personnel to the United States Consulate in 
        Hong Kong.
    (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 
              THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Policy Statements.--It is the policy of the United States--
            (1) to safeguard United States citizens from extradition, 
        rendition, or abduction to the People's Republic of China from 
        Hong Kong for trial, detention, or any other purpose;
            (2) to safeguard United States businesses in Hong Kong from 
        economic coercion and intellectual property theft;
            (3) 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
            (4) pursuant to section 201(b) of such Act (22 U.S.C. 
        5721(b)), to evaluate, not less frequently than annually and as 
        circumstances, dictate 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.
    (b) Response to Threat of Rendition.--Not later than 30 days after 
the President determines that legislation proposed or enacted by the 
Government of Hong Kong would put United States citizens at risk of 
extradition or rendition to the People's Republic of China or to other 
countries that lack protections for the rights of defendants, the 
President shall submit a report to the appropriate congressional 
committees that--
            (1) contains a strategy for protecting United States 
        citizens and businesses in Hong Kong;
            (2) assesses the potential risks of the legislation to 
        United States citizens residing in, traveling to, or transiting 
        through Hong Kong; and
            (3) determines whether--
                    (A) additional resources are needed for American 
                Citizen Services at the United States Consulate in Hong 
                Kong; and
                    (B) the Government of Hong Kong is ``legally 
                competent'' to administer the United States-Hong Kong 
                Agreement for the Surrender of Fugitive Offenders, done 
                at Hong Kong December 20, 1996, or other relevant law 
                enforcement agreements between the United States and 
                Hong Kong.

SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND 
              AUTONOMY IN HONG KONG.

    (a) Identification of Persons Responsible for Undermining 
Fundamental Freedoms and Autonomy in Hong Kong.--
            (1) In general.--The President shall submit a report to the 
        appropriate congressional committees, in accordance with 
        paragraph (2), that identifies each foreign person that the 
        President determines is responsible for--
                    (A) the extrajudicial rendition, arbitrary 
                detention, or torture of any person in Hong Kong; or
                    (B) other gross violations of internationally 
                recognized human rights in Hong Kong.
            (2) Timing of reports.--The President shall submit to the 
        appropriate congressional committees--
                    (A) the report required under paragraph (1)--
                            (i) not later than 180 days after the date 
                        of the enactment of this Act; and
                            (ii) not less frequently than annually 
                        thereafter in conjunction with the publication 
                        of the report required under section 301 of the 
                        United States-Hong Kong Policy Act of 1992 (22 
                        U.S.C. 5731); and
                    (B) an update to the report not later than 15 days 
                after any new action is taken under subsection (b) 
                based on the discovery of new information described in 
                paragraph (1).
            (3) Consideration of certain information.--In preparing the 
        report required under paragraph (1), the President shall 
        consider--
                    (A) information provided jointly by the chairperson 
                and ranking member of each of the appropriate 
                congressional committees; and
                    (B) information obtained by other countries or 
                reputable nongovernmental organizations that monitor 
                violations of human rights abuses.
            (4) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (b) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (c) with respect to each foreign 
person identified in the report required under subsection (a)(1).
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Asset blocking.--The President shall exercise all of 
        the powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of a foreign person 
        identified in the report required under subsection (a)(1) if 
        such property and interests in property are in the United 
        States, come within the United States, or come within the 
        possession or control of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a)(1) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--An alien described in 
                        subsection (a)(1) is subject to revocation of 
                        any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the alien's possession.
            (3) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign 
        person that violates, attempts to violate, conspires to 
        violate, or causes a violation of paragraph (1) to the same 
        extent that such penalties apply to a person that commits an 
        unlawful act described in subsection (a) of such section 206.
    (d) Implementation.--The President may exercise all authorities 
provided under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this 
section.
    (e) Waiver.--The President may waive the application of sanctions 
under this section with respect to a person identified in the report 
required under subsection (a)(1) if the President determines and 
certifies to the appropriate congressional committees that such a 
waiver is in the national interest of the United States.
    (f) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under subsection 
        (c)(2) shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations; or
                    (B) to carry out or assist law enforcement activity 
                in the United States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under this section shall 
                not include the authority or a requirement to impose 
                sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (g) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines and reports to the appropriate congressional 
committees not less than 15 days before the termination takes effect 
that--
            (1) information exists that the person did not engage in 
        the activity for which sanctions were imposed;
            (2) the person has been prosecuted appropriately for the 
        activity for which sanctions were imposed;
            (3) the person has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in subsection 
        (a)(1) in the future; or
            (4) the termination of the sanctions is in the national 
        security interests of the United States.
    (h) Sunset.--This section, and any sanctions imposed under this 
section, shall terminate on the date that is 5 years after the date of 
the enactment of this Act.
    (i) Definitions.--In this section:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.

SEC. 8. SANCTIONS REPORTS.

    (a) In General.--In accordance with section 7, the President shall 
submit, to the appropriate congressional committees, a report that 
includes--
            (1) a list of each foreign person with respect to which the 
        President imposed sanctions during the year 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 terminated sanctions under section 7 during that 
        year;
            (4) the dates on which such sanctions were imposed or 
        terminated, as applicable;
            (5) the reasons for imposing or terminating such sanctions; 
        and
            (6) a description of the efforts of the President to 
        encourage the governments of other countries to impose 
        sanctions that are similar to the sanctions authorized under 
        section 7.
    (b) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--The President shall publish the report required under 
subsection (a) without regard to the requirements of 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.

SEC. 9. SENSE OF CONGRESS ON PEOPLE'S REPUBLIC OF CHINA STATE-
              CONTROLLED MEDIA.

    It is the sense of Congress that--
            (1) the United States condemns the deliberate targeting and 
        harassment of democracy activists, diplomatic personnel of the 
        United States and other nations, and their families by media 
        organizations controlled by the Government of the People's 
        Republic of China, including Wen Wei Po and Ta Kung Po;
            (2) the Secretary of State should clearly inform the 
        Government of the People's Republic of China that the use of 
        media outlets to spread disinformation or to intimidate and 
        threaten its perceived enemies in Hong Kong or in other 
        countries is unacceptable; and
            (3) the Secretary of State should take any activities 
        described in paragraph (1) or (2) into consideration when 
        granting visas for travel and work in the United States to 
        journalists from the People's Republic of China who are 
        affiliated with any such media organizations.

SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD CONTROL 
              EQUIPMENT TO HONG KONG.

    It is sense of Congress that the Department of Commerce, in 
conjunction with other relevant Federal departments and agencies, 
should consider appropriate adjustments to the current United States 
export controls with respect to Hong Kong to prevent the supply of 
crowd control and surveillance equipment that could be used 
inappropriately in Hong Kong.

            Passed the Senate November 19, 2019.

            Attest:

                                                             Secretary.
116th CONGRESS

  1st Session

                                S. 1838

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                                 AN ACT

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