Cambodia Democracy and Human Rights Act of 2022
Bill: S.3052 | Sponsor: Sen. Markey, Edward J. (D-MA)
Policy area: International Affairs

Summary:
Cambodia Democracy and Human Rights Act of 2022
This bill directs the President to impose sanctions on foreign persons (i.e., entities and individuals) responsible for acts to undermine democracy in Cambodia, including acts that constitute serious human rights violations and acts to support the establishment of facilities in Cambodia that could be used by China's military.
The sanctions shall be directed at foreign persons, including current or former Cambodian government, military, and security forces officials, responsible for such actions, as well as entities controlled or owned by such persons.
The sanctions shall include blocking the assets of sanctioned persons and restricting the entry of sanctioned individuals into the United States, and shall not apply to the importation of goods.
The President may waive the sanctions with respect to a person if it is in the national interest of the United States. The President may suspend the sanctions if Cambodia makes meaningful progress toward ending government efforts to undermine democracy, ending human rights violations, and meeting other specified conditions.
The President must report to Congress on the presence of China's military in Cambodia, including the involvement of China's military in upgrading or constructing certain facilities in Cambodia.

To promote free and fair elections, democracy, political freedoms, and 
           human rights in Cambodia, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cambodia Democracy and 
Human Rights Act of 2021''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) On October 23, 1991, Cambodia and 18 other 
        countries signed the Comprehensive Cambodian Peace Agreement 
        (commonly referred to as the ``Paris Peace Agreements''), which 
        committed Cambodia to a democratic system of governance 
        protected by a constitution and free and fair elections and 
        stated that the people of Cambodia ``shall enjoy the rights and 
        freedoms embodied in the Universal Declaration of Human Rights 
        and other relevant international human rights 
        instruments''.</DELETED>
        <DELETED>    (2) Prime Minister Hun Sen has been in power in 
        Cambodia since 1984 and is the longest-serving leader in 
        Southeast Asia. Despite decades of international attention and 
        assistance to promote a pluralistic, multi-party democratic 
        system in Cambodia, the Government of Cambodia continues to be 
        undemocratically dominated by the ruling Cambodian People's 
        Party.</DELETED>
        <DELETED>    (3) In 2015, the Cambodian People's Party-
        controlled National Assembly adopted the Law on Associations 
        and Non-Governmental Organizations, which gave the Government 
        of Cambodia sweeping powers to revoke the registration of 
        nongovernmental organizations in the name of ``national 
        unity'', and which the government has used to restrict the 
        legitimate work of civil society.</DELETED>
        <DELETED>    (4) On August 23, 2017, Cambodia's Ministry of 
        Foreign Affairs ordered the closure of the National Democratic 
        Institute office in Cambodia and the expulsion of its foreign 
        staff. On September 15, 2017, Prime Minister Hun Sen called for 
        the withdrawal of all volunteers from the United States Peace 
        Corps, which has operated in Cambodia since 2006 with 
        approximately 500 United States volunteers providing English 
        language and healthcare training.</DELETED>
        <DELETED>    (5) The Government of Cambodia has taken several 
        measures to restrict its media environment, especially through 
        politicized tax investigations against independent media 
        outlets that resulted in the closure of The Cambodia Daily and 
        Radio Free Asia in early September 2017. Additionally, the 
        Government of Cambodia has ordered several radio stations to 
        stop the broadcasting of Radio Free Asia and Voice of America 
        programming.</DELETED>
        <DELETED>    (6) Cambodia's small number of independent trade 
        unions and workers have the right to strike, but many face 
        retribution for doing so, according to Freedom House.</DELETED>
        <DELETED>    (7) Each of the 6 elections that have taken place 
        in Cambodia since 1991 was conducted in circumstances that were 
        not free and fair, and were marked, to varying degrees, by 
        fraud, intimidation, violence, and the misuse by the Government 
        of Cambodia of legal mechanisms to weaken opposition candidates 
        and parties. The 2017 local elections were marked by fewer 
        reported irregularities, however, which helped the opposition 
        Cambodia National Rescue Party (in this section referred to as 
        the ``CNRP''). Hun Sen responded to those improvements in 
        elections, resulting in part from international assistance and 
        observers, by banning the CNRP, the primary opposition party, 
        on November 16, 2017.</DELETED>
        <DELETED>    (8) On September 3, 2017, Kem Sokha, the President 
        of the CNRP, was arrested on politically motivated charges, 
        including treason and conspiring to overthrow the Government of 
        Cambodia. While he was released on bail, he faces up to 30 
        years in prison. His trial has been delayed due to the 
        coronavirus disease 2019 (commonly known as ``COVID-19'') 
        pandemic and will likely not resume in 2021.</DELETED>
        <DELETED>    (9) In the most recent general election in July 
        2018, following the dissolution of the CNRP, the Cambodian 
        People's Party secured every parliamentary seat, an electoral 
        victory that the White House Press Secretary stated was 
        ``neither free nor fair and failed to represent the will of the 
        Cambodian people''.</DELETED>
        <DELETED>    (10) The widespread crackdown by the Government of 
        Cambodia on the political opposition and other independent 
        voices has caused many CNRP leaders to flee abroad. According 
        to Human Rights Watch, on March 12, 2019, a court criminally 
        charged and issued arrest warrants for 8 leading members of the 
        CNRP, including former CNRP leader Sam Rainsy, who had left 
        Cambodia ahead of the July 2018 election, as well as Mu Sochua, 
        Ou Chanrith, Eng Chhai Eang, Men Sothavarin, Long Ry, Tob Van 
        Chan, and Ho Vann.</DELETED>
        <DELETED>    (11) The Government of Cambodia has arrested many 
        opposition party members and democracy activists who remained 
        in Cambodia. More than 80 opposition party supporters and 
        activists were arrested in 2019 and were released on bail with 
        charges still pending and could face re-arrest any 
        time.</DELETED>
        <DELETED>    (12) In November 2019, Sam Rainsy made a failed 
        attempt to return to Cambodia to partake in mass pro-democracy 
        protests. Approximately 150 CNRP activists were put on trial in 
        2020 and 2021 for treason for calling for his return.</DELETED>
        <DELETED>    (13) In March 2021, a Cambodian court convicted 
        and sentenced Sam Rainsy in absentia to 25 years in prison and 
        8 other opposition figures living in exile, including Rainsy's 
        wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang, 
        Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth 
        Romduol, to between 20 and 22 years.</DELETED>
        <DELETED>    (14) Prime Minister Hun Sen has used the COVID-19 
        pandemic as justification to further consolidate power and the 
        Cambodia People's Party-controlled National Assembly passed new 
        laws to further curtail the rights to freedom of expression, 
        peaceful assembly, and association.</DELETED>
        <DELETED>    (15) According to Human Rights Watch, under the 
        guise of the pandemic, authorities--</DELETED>
                <DELETED>    (A) banned protests organized by youth and 
                environmental activists;</DELETED>
                <DELETED>    (B) detained and interrogated at least 30 
                people for Facebook posts related to the pandemic; 
                and</DELETED>
                <DELETED>    (C) charged one journalist for pandemic-
                related reporting.</DELETED>
        <DELETED>    (16) According to Freedom House, Hun Sen uses the 
        police and armed forces as instruments of repression. The 
        military has stood firmly behind Hun Sen and his crackdown on 
        opposition groups and Hun Sen has built a personal bodyguard 
        unit in the armed forces that he reportedly uses to harass and 
        abuse Cambodian People's Party opponents.</DELETED>
        <DELETED>    (17) In August 2020, 14 youth and environmental 
        activists were detained by Cambodian authorities. In May 2021, 
        3 environmental activists were convicted on charges of 
        ``incitement to commit a felony or disturb social order'', 
        related to peaceful protests against authorities. In June 2021, 
        a Cambodian court charged 3 environmental activists with 
        ``plotting against the government and insulting the king''. The 
        2020 Country Reports on Human Rights Practices of the 
        Department of State reported ``at least 40 political prisoners 
        or detainees'' in Cambodia.</DELETED>
        <DELETED>    (18) In 2019, the Wall Street Journal reported 
        that Cambodia had signed a deal with the Government of the 
        People's Republic of China to allow that Government access to 
        and use of the Ream Naval Base on the Gulf of Thailand, which 
        would violate the Constitution of Cambodia, which prohibits the 
        establishment of foreign military bases.</DELETED>
        <DELETED>    (19) In 2019, the New York Times reported that a 
        company described by the Department of the Treasury as being a 
        state-owned company of the People's Republic of China had 
        secured a 99-year lease to build an airport capable of 
        supporting military aircraft at Dara Sakor, raising concerns 
        that Beijing intends to use this dual-use facility for its 
        military, which would violate the Constitution of 
        Cambodia.</DELETED>
        <DELETED>    (20) In section 401 of the Asia Reassurance 
        Initiative Act of 2018 (Public Law 115-409; 132 Stat. 5407), 
        Congress expressed serious concerns with the rule of law and 
        civil liberties in Cambodia and made the finding that the 
        promotion of human rights and respect for democratic values in 
        the Indo-Pacific region is in the United States national 
        security interest.</DELETED>
        <DELETED>    (21) The 2020 Country Reports on Human Rights 
        Practices of the Department of State stated, of Cambodia, 
        ``Corruption was endemic throughout society and government. 
        There were reports police, prosecutors, investigating judges, 
        and presiding judges took bribes from owners of both legal and 
        illegal businesses. Citizens frequently and publicly complained 
        about corruption. Meager salaries contributed to `survival 
        corruption' among low-level public servants, while a culture of 
        impunity enabled corruption to flourish among senior 
        officials.''.</DELETED>
        <DELETED>    (22) Section 7043(b) of the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2018 (division K of Public Law 115-141; 132 Stat. 918) and 
        section 201(f) of the Asia Reassurance Initiative Act of 2018 
        (Public Law 115-409; 132 Stat. 5392) restrict assistance to 
        Cambodia until the Government of Cambodia takes effective steps 
        to--</DELETED>
                <DELETED>    (A) strengthen regional security and 
                stability, particularly regarding territorial disputes 
                in the South China Sea and the enforcement of 
                international sanctions with respect to North Korea; 
                and</DELETED>
                <DELETED>    (B) respect the rights and 
                responsibilities enshrined in the Constitution of the 
                Kingdom of Cambodia as enacted in 1993, including 
                through the--</DELETED>
                        <DELETED>    (i) restoration of the civil and 
                        political rights of the opposition Cambodia 
                        National Rescue Party, media, and civil society 
                        organizations;</DELETED>
                        <DELETED>    (ii) restoration of all elected 
                        officials to their elected offices; 
                        and</DELETED>
                        <DELETED>    (iii) release of all political 
                        prisoners, including journalists, civil society 
                        activists, and members of the opposition 
                        political party.</DELETED>
        <DELETED>    (23) On December 9, 2019, the Department of the 
        Treasury imposed sanctions under the Global Magnitsky Human 
        Rights Accountability Act (subtitle F of title XII of Public 
        Law 114-328; 22 U.S.C. 2656 note) with respect to certain 
        corrupt Cambodian actors and their networks.</DELETED>
        <DELETED>    (24) In February 2019, the European Union began 
        intense scrutiny of Cambodia's eligibility to for preferential 
        trade access in light of the deterioration of democracy, the 
        rule of law, and the protection of human rights in Cambodia. In 
        February 2020, the European Union, Cambodia's largest export 
        market, partially suspended trade preferences for Cambodia 
        under its ``Everything but Arms'' trade program, in response to 
        Cambodia's violations of civil and political rights.</DELETED>

<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) the United States is committed to promoting 
        democracy, human rights, and the rule of law in Cambodia, as 
        laid out in the 1991 Paris Peace Agreements;</DELETED>
        <DELETED>    (2) the United States Government, through 
        diplomacy and assistance, must urge the Government of Cambodia 
        to--</DELETED>
                <DELETED>    (A) release all political 
                prisoners;</DELETED>
                <DELETED>    (B) drop all politically motivated charges 
                and vacate convictions against members of the Cambodia 
                National Rescue Party, journalists, and civil society 
                activists; and</DELETED>
                <DELETED>    (C) restore full political rights to the 
                Cambodia National Rescue Party and other political 
                parties;</DELETED>
        <DELETED>    (3) the United States Government should urge the 
        Government of Cambodia--</DELETED>
                <DELETED>    (A) to reverse the policies and actions 
                that have resulted in the dismantling of democracy, the 
                blatant disregard of fundamental human rights, and the 
                breakdown of rule of law in Cambodia;</DELETED>
                <DELETED>    (B) to immediately discontinue the 
                imprisonment and judicial harassment of journalists, 
                political dissidents, and activists, and drop 
                politically motivated charges;</DELETED>
                <DELETED>    (C) to halt the threat of mass arrests and 
                violence if and when Cambodia National Rescue Party 
                members currently overseas return to 
                Cambodia;</DELETED>
                <DELETED>    (D) to reinstate the political status of 
                the Cambodia National Rescue Party and other opposition 
                parties, restore the Cambodia National Rescue Party's 
                elected seats in the National Assembly, and support 
                electoral reform efforts in Cambodia with free and fair 
                elections monitored by international 
                observers;</DELETED>
                <DELETED>    (E) to ensure that media outlets are able 
                to operate freely and without interference, including 
                having the ability to apply for and receive licenses to 
                operate within Cambodia; and</DELETED>
                <DELETED>    (F) to consider how allowing the People's 
                Liberation Army to conduct activities, gain access, or 
                establish a presence in Cambodia would harm Cambodia's 
                relationships with its neighbors, partners, and allies, 
                and violate the Constitution of Cambodia;</DELETED>
        <DELETED>    (4) Prime Minister Hun Sen is directly 
        responsible, and should be held accountable, for the safety, 
        health, and welfare of exiled Cambodia National Rescue Party 
        leaders and their supporters upon their return to 
        Cambodia;</DELETED>
        <DELETED>    (5) other governments throughout the Indo-Pacific 
        region should--</DELETED>
                <DELETED>    (A) urge the Government of Cambodia to 
                allow the peaceful return of exiled Cambodia National 
                Rescue Party leaders and their supporters; 
                and</DELETED>
                <DELETED>    (B) refrain from illegally restricting the 
                rights of Cambodia National Rescue Party members to 
                travel to and through their countries as they return; 
                and</DELETED>
        <DELETED>    (6) in the absence of systemic democratic reforms 
        on the part of the Government of Cambodia, there is need for 
        additional United States Government measures, including through 
        legislation and executive action.</DELETED>

<DELETED>SEC. 4. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN 
              CAMBODIA.</DELETED>

<DELETED>    (a) Identification of Persons Responsible for Undermining 
Democracy in Cambodia.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to the appropriate congressional committees a list of--
        </DELETED>
                <DELETED>    (A) each foreign person, including any 
                senior official of the Government, military, or 
                security forces of Cambodia, who the President 
                determines has, on or after such date of enactment--
                </DELETED>
                        <DELETED>    (i) directly and substantially 
                        undermined democracy in Cambodia, including 
                        through the use of baseless legal charges, 
                        malicious prosecution, or mass 
                        trials;</DELETED>
                        <DELETED>    (ii) committed or directed serious 
                        human rights violations associated with 
                        undermining democracy in Cambodia; or</DELETED>
                        <DELETED>    (iii) engaged in or directed acts 
                        of significant corruption, including the 
                        expropriation of private or public assets for 
                        personal gain, corruption related to government 
                        contracts or the extraction of natural 
                        resources, bribery, or the facilitation or 
                        transfer of the proceeds of corruption to 
                        foreign jurisdictions; and</DELETED>
                <DELETED>    (B) each foreign person owned or 
                controlled by an official described in subparagraph 
                (A).</DELETED>
        <DELETED>    (2) Updates.--The President shall submit to the 
        appropriate congressional committees updated lists under 
        paragraph (1) as new information becomes available.</DELETED>
<DELETED>    (b) Imposition of Sanctions.--The President shall impose 
the following sanctions with respect to each foreign person on the list 
required by subsection (a):</DELETED>
        <DELETED>    (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.) (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 property and interests 
        in property of the person if such property and interests in 
        property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.</DELETED>
        <DELETED>    (2) Aliens inadmissible for visas, admission, or 
        parole.--</DELETED>
                <DELETED>    (A) Visas, admission, or parole.--In the 
                case of an individual, that individual is--</DELETED>
                        <DELETED>    (i) inadmissible to the United 
                        States;</DELETED>
                        <DELETED>    (ii) ineligible to receive a visa 
                        or other documentation to enter the United 
                        States; and</DELETED>
                        <DELETED>    (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.).</DELETED>
                <DELETED>    (B) Current visas revoked.--</DELETED>
                        <DELETED>    (i) In general.--The visa or other 
                        entry documentation of the individual shall be 
                        revoked, regardless of when such visa or other 
                        entry documentation is or was issued.</DELETED>
                        <DELETED>    (ii) Immediate effect.--A 
                        revocation under clause (i) shall--</DELETED>
                                <DELETED>    (I) take effect 
                                immediately; and</DELETED>
                                <DELETED>    (II) automatically cancel 
                                any other valid visa or entry 
                                documentation that is in the 
                                individual's possession.</DELETED>
<DELETED>    (c) Exceptions.--</DELETED>
        <DELETED>    (1) Exception relating to importation of goods.--
        </DELETED>
                <DELETED>    (A) In general.--The authorities and 
                requirements to impose sanctions authorized under 
                subsection (b)(1) shall not include the authority or 
                requirement to impose sanctions on the importation of 
                goods.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exception to comply with international 
        obligations.--Sanctions under subsection (b)(2) shall not apply 
        with respect to a foreign person if admitting or paroling the 
        person into the United States is necessary 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 of the United States.</DELETED>
<DELETED>    (d) Waiver.--The President may waive the application of 
sanctions under subsection (b) with respect to a foreign person on the 
list required by subsection (a) if the President determines and 
certifies to the appropriate congressional committees that such a 
waiver is in the national interest of the United States.</DELETED>
<DELETED>    (e) Suspension of Sanctions.--</DELETED>
        <DELETED>    (1) Suspension.--The requirement to impose 
        sanctions under this section may be suspended for an initial 
        period of not more than one year if the President determines 
        and certifies to the appropriate congressional committees that 
        Cambodia is making meaningful progress toward the 
        following:</DELETED>
                <DELETED>    (A) Ending government efforts to undermine 
                democracy.</DELETED>
                <DELETED>    (B) Ending human rights violations 
                associated with undermining democracy.</DELETED>
                <DELETED>    (C) Releasing all political 
                prisoners.</DELETED>
                <DELETED>    (D) Dropping all politically motivated 
                charges and vacating convictions from any such charges 
                against members of the Cambodia National Rescue Party, 
                journalists, and civil society activists.</DELETED>
                <DELETED>    (E) Conducting free and fair elections 
                that allow for the active participation of credible 
                opposition candidates.</DELETED>
        <DELETED>    (2) Renewal of suspension.--The suspension of 
        sanctions under paragraph (1) may be renewed for additional, 
        consecutive one-year periods if the President determines and 
        certifies to the appropriate congressional committees that 
        Cambodia continued to make meaningful progress toward 
        satisfying the conditions described in that paragraph during 
        the year preceding the certification.</DELETED>
<DELETED>    (f) Implementation; Penalties.--</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) Penalties.--A person that violates, attempts 
        to violate, conspires to violate, or causes a violation of 
        subsection (b)(1) 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 that section.</DELETED>
<DELETED>    (g) Sunset.--This section shall terminate on the date that 
is 5 years after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 5. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY AND 
              GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA IN 
              CAMBODIA.</DELETED>

<DELETED>    Not later than 180 days after the date of the enactment of 
this Act, the President shall submit to the appropriate congressional 
committees a report assessing--</DELETED>
        <DELETED>    (1) the involvement of the Government of the 
        People's Republic of China or the People's Liberation Army in 
        upgrading existing facilities or constructing new facilities at 
        Ream Naval Base and Dara Sakor Airport in Cambodia;</DELETED>
        <DELETED>    (2) any actual or projected benefits, including 
        any enhancement of the power projection capabilities of the 
        People's Liberation Army, that the Government of the People's 
        Republic of China or the People's Liberation Army may accrue as 
        a result of such upgrades or construction;</DELETED>
        <DELETED>    (3) the impact that the presence of the People's 
        Liberation Army in Cambodia may have on the interests, allies, 
        and partners of the United States in the region;</DELETED>
        <DELETED>    (4) any efforts undertaken by the United States 
        Government to convey to the Government of Cambodia the concerns 
        relating to the presence of the People's Liberation Army and 
        the Government of the People's Republic of China in Cambodia 
        and the impact that presence could have on adherence to the 
        Constitution of Cambodia; and</DELETED>
        <DELETED>    (5) the impact the presence of the People's 
        Liberation Army in Cambodia, as well as closer government-to-
        government ties between Cambodia and the Government of the 
        People's Republic of China, including through investments under 
        the Belt and Road Initiative, has had on the deterioration of 
        democracy and human rights inside Cambodia.</DELETED>

<DELETED>SEC. 6. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Foreign Relations and 
                the Committee on Banking, Housing, and Urban Affairs of 
                the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Foreign Affairs and 
                the Committee on Financial Services of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Foreign person.--The term ``foreign person'' 
        means a person that is not a United States person.</DELETED>
        <DELETED>    (3) People's liberation army.--The term ``People's 
        Liberation Army'' means the armed forces of the People's 
        Republic of China.</DELETED>
        <DELETED>    (4) Person.--</DELETED>
                <DELETED>    (A) In general.--The term ``person'' 
                means--</DELETED>
                        <DELETED>    (i) a natural person; or</DELETED>
                        <DELETED>    (ii) a corporation, business 
                        association, partnership, society, trust, 
                        financial institution, insurer, underwriter, 
                        guarantor, and any other business organization, 
                        any other nongovernmental entity, organization, 
                        or group, and any governmental entity operating 
                        as a business enterprise or any successor to 
                        any entity described in this clause.</DELETED>
                <DELETED>    (B) Application to governmental 
                entities.--The term ``person'' does not include a 
                government or governmental entity that is not operating 
                as a business enterprise.</DELETED>
        <DELETED>    (5) United states person.--The term ``United 
        States person'' means--</DELETED>
                <DELETED>    (A) a United States citizen or an alien 
                lawfully admitted for permanent residence to the United 
                States; or</DELETED>
                <DELETED>    (B) an entity organized under the laws of 
                the United States or of any jurisdiction of the United 
                States, including a foreign branch of such an 
                entity.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cambodia Democracy and Human Rights 
Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On October 23, 1991, Cambodia and 18 other countries 
        signed the Comprehensive Cambodian Peace Agreement (commonly 
        referred to as the ``Paris Peace Agreements''), which committed 
        Cambodia to a democratic system of governance protected by a 
        constitution and free and fair elections and stated that the 
        people of Cambodia ``shall enjoy the rights and freedoms 
        embodied in the Universal Declaration of Human Rights and other 
        relevant international human rights instruments''.
            (2) Prime Minister Hun Sen has been in power in Cambodia 
        since 1984 and is the longest-serving leader in Southeast Asia. 
        Despite decades of international attention and assistance to 
        promote a pluralistic, multi-party democratic system in 
        Cambodia, the Government of Cambodia continues to be 
        undemocratically dominated by the ruling Cambodian People's 
        Party.
            (3) In 2015, the Cambodian People's Party-controlled 
        National Assembly adopted the Law on Associations and Non-
        Governmental Organizations, which gave the Government of 
        Cambodia sweeping powers to revoke the registration of 
        nongovernmental organizations in the name of ``national 
        unity'', and which the government has used to restrict the 
        legitimate work of civil society.
            (4) On August 23, 2017, Cambodia's Ministry of Foreign 
        Affairs ordered the closure of the National Democratic 
        Institute office in Cambodia and the expulsion of its foreign 
        staff. On September 15, 2017, Prime Minister Hun Sen called for 
        the withdrawal of all volunteers from the United States Peace 
        Corps, which has operated in Cambodia since 2006 with 
        approximately 500 United States volunteers providing English 
        language and healthcare training.
            (5) The Government of Cambodia has taken several measures 
        to restrict its media environment, especially through 
        politicized tax investigations against independent media 
        outlets that resulted in the closure of The Cambodia Daily and 
        Radio Free Asia in early September 2017. Additionally, the 
        Government of Cambodia has ordered several radio stations to 
        stop the broadcasting of Radio Free Asia and Voice of America 
        programming.
            (6) Cambodia's small number of independent trade unions and 
        workers have the right to strike, but many face retribution for 
        doing so, according to Freedom House.
            (7) Each of the 6 elections that have taken place in 
        Cambodia since 1991 was conducted in circumstances that were 
        not free and fair, and were marked, to varying degrees, by 
        fraud, intimidation, violence, and the misuse by the Government 
        of Cambodia of legal mechanisms to weaken opposition candidates 
        and parties. The 2017 local elections were marked by fewer 
        reported irregularities, however, which helped the opposition 
        Cambodia National Rescue Party (in this section referred to as 
        the ``CNRP''). Hun Sen responded to those improvements in 
        elections, resulting in part from international assistance and 
        observers, by banning the CNRP, the primary opposition party, 
        on November 16, 2017.
            (8) On September 3, 2017, Kem Sokha, the President of the 
        CNRP, was arrested on politically motivated charges, including 
        treason and conspiring to overthrow the Government of Cambodia. 
        While he was released on bail, he faces up to 30 years in 
        prison.
            (9) In the most recent general election in July 2018, 
        following the dissolution of the CNRP, the Cambodian People's 
        Party secured every parliamentary seat, an electoral victory 
        that the White House Press Secretary stated was ``neither free 
        nor fair and failed to represent the will of the Cambodian 
        people''.
            (10) The widespread crackdown by the Government of Cambodia 
        on the political opposition and other independent voices has 
        caused many CNRP leaders to flee abroad. On March 12, 2019, a 
        court criminally charged and issued arrest warrants for 8 
        leading members of the CNRP, including former CNRP leader Sam 
        Rainsy, who had left Cambodia ahead of the July 2018 election, 
        as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang, Men 
        Sothavarin, Long Ry, Tob Van Chan, and Ho Vann.
            (11) The Government of Cambodia has arrested many 
        opposition party members and democracy activists who remained 
        in Cambodia. More than 80 opposition party supporters and 
        activists were arrested in 2019 and were released on bail with 
        charges still pending and could face re-arrest any time.
            (12) In November 2019, Sam Rainsy made a failed attempt to 
        return to Cambodia to partake in mass pro-democracy protests. 
        Approximately 150 CNRP activists were put on trial in 2020 and 
        2021 for treason for calling for his return.
            (13) In March 2021, a Cambodian court convicted and 
        sentenced Sam Rainsy in absentia to 25 years in prison and 8 
        other opposition figures living in exile, including Rainsy's 
        wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang, 
        Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth 
        Romduol, to between 20 and 22 years.
            (14) On June 14, 2022, the Government of Cambodia convicted 
        51 opposition politicians and activists in a mass trial, many 
        of whom were convicted in abstentia on charges of 
        ``incitement'' and ``conspiracy'' for supporting the 
        development of democracy in Cambodia. Sentences ranged from 5-
        year suspended jail terms to 8 years in prison and serve to 
        further intimidate potential political opponents of the regime 
        of Prime Minister Hun Sen.
            (15) Prime Minister Hun Sen has used the coronavirus 
        disease 2019 (commonly known as ``COVID-19'') pandemic as 
        justification to further consolidate power and the Cambodia 
        People's Party-controlled National Assembly passed new laws to 
        further curtail the rights to freedom of expression, peaceful 
        assembly, and association.
            (16) According to Human Rights Watch, under the guise of 
        the pandemic, authorities--
                    (A) banned protests organized by youth and 
                environmental activists;
                    (B) detained and interrogated at least 30 people 
                for Facebook posts related to the pandemic; and
                    (C) charged one journalist for pandemic-related 
                reporting.
            (17) According to Freedom House, Hun Sen uses the police 
        and armed forces as instruments of repression. The military has 
        stood firmly behind Hun Sen and his crackdown on opposition 
        groups and Hun Sen has built a personal bodyguard unit in the 
        armed forces that he reportedly uses to harass and abuse 
        Cambodian People's Party opponents.
            (18) In August 2020, 14 youth and environmental activists 
        were detained by Cambodian authorities. In May 2021, 3 
        environmental activists were convicted on charges of 
        ``incitement to commit a felony or disturb social order'', 
        related to peaceful protests against authorities. In June 2021, 
        a Cambodian court charged 3 environmental activists with 
        ``plotting against the government and insulting the king''. The 
        2020 Country Reports on Human Rights Practices of the 
        Department of State reported ``at least 40 political prisoners 
        or detainees'' in Cambodia.
            (19) Beginning in December 2021, the Government of Cambodia 
        has restricted the labor rights of workers protesting working 
        conditions and illegal dismissals at the NagaWorld Casino, 
        including using the COVID-19 pandemic as an excuse to limit the 
        ability of workers to protest. In February 2022, officials of 
        the Government of Cambodia arrested 6 workers of the casino 
        after leaving a COVID-19 testing center, claiming that they had 
        obstructed testing.
            (20) In 2019, the Wall Street Journal reported that 
        Cambodia had signed a deal with the Government of the People's 
        Republic of China to allow that Government access to and use of 
        the Ream Naval Base on the Gulf of Thailand, even though the 
        Constitution of Cambodia prohibits the establishment of foreign 
        military bases.
            (21) In 2019, the New York Times reported that a company 
        described by the Department of the Treasury as being a state-
        owned company of the People's Republic of China had secured a 
        99-year lease to build an airport capable of supporting 
        military aircraft at Dara Sakor, raising concerns that Beijing 
        intends to use this dual-use facility for its military, despite 
        the prohibition against the establishment of foreign military 
        bases in the Constitution of Cambodia.
            (22) In section 401 of the Asia Reassurance Initiative Act 
        of 2018 (Public Law 115-409; 132 Stat. 5407), Congress 
        expressed serious concerns with the rule of law and civil 
        liberties in Cambodia and made the finding that the promotion 
        of human rights and respect for democratic values in the Indo-
        Pacific region is in the United States national security 
        interest.
            (23) The 2020 Country Reports on Human Rights Practices of 
        the Department of State stated, of Cambodia, ``Corruption was 
        endemic throughout society and government. There were reports 
        police, prosecutors, investigating judges, and presiding judges 
        took bribes from owners of both legal and illegal businesses. 
        Citizens frequently and publicly complained about corruption. 
        Meager salaries contributed to `survival corruption' among low-
        level public servants, while a culture of impunity enabled 
        corruption to flourish among senior officials.''.
            (24) Section 7043(b) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2022 
        (division K of Public Law 117-103; 136 Stat. 645) restricts 
        assistance to the Government of Cambodia until ``the Secretary 
        of State certifies and reports to the Committees on 
        Appropriations that such Government is taking effective steps 
        to--
                    ``(i) strengthen regional security and stability, 
                particularly regarding territorial disputes in the 
                South China Sea and the enforcement of international 
                sanctions with respect to North Korea;
                    ``(ii) assert its sovereignty against interference 
                by the People's Republic of China, including by 
                verifiably maintaining the neutrality of Ream Naval 
                Base, other military installations in Cambodia, and 
                dual use facilities such as the Dara Sakor development 
                project;
                    ``(iii) cease violence, threats, and harassment 
                against civil society and the political opposition in 
                Cambodia, and dismiss any politically motivated 
                criminal charges against critics of the government; and
                    ``(iv) respect the rights, freedoms, and 
                responsibilities enshrined in the Constitution of the 
                Kingdom of Cambodia as enacted in 1993.''.
            (25) Section 201(f) of the Asia Reassurance Initiative Act 
        of 2018 (Public Law 115-409; 132 Stat. 5392) restricts 
        assistance to Cambodia until the Government of Cambodia takes 
        effective steps to--
                    (A) strengthen regional security and stability, 
                particularly regarding territorial disputes in the 
                South China Sea and the enforcement of international 
                sanctions with respect to North Korea; and
                    (B) respect the rights and responsibilities 
                enshrined in the Constitution of the Kingdom of 
                Cambodia as enacted in 1993, including through the--
                            (i) restoration of the civil and political 
                        rights of the opposition Cambodia National 
                        Rescue Party, media, and civil society 
                        organizations;
                            (ii) restoration of all elected officials 
                        to their elected offices; and
                            (iii) release of all political prisoners, 
                        including journalists, civil society activists, 
                        and members of the opposition political party.
            (26) On December 9, 2019, the Department of the Treasury 
        imposed sanctions under the Global Magnitsky Human Rights 
        Accountability Act (22 U.S.C. 10101 et seq.) with respect to 
        certain corrupt Cambodian actors and their networks.
            (27) In February 2019, the European Union began intense 
        scrutiny of Cambodia's eligibility to for preferential trade 
        access in light of the deterioration of democracy, the rule of 
        law, and the protection of human rights in Cambodia. In 
        February 2020, the European Union, Cambodia's largest export 
        market, partially suspended trade preferences for Cambodia 
        under its ``Everything but Arms'' trade program, in response to 
        Cambodia's violations of civil and political rights.
            (28) In 2021, the Joint Vietnamese Friendship building, a 
        facility built by the Government of Vietnam, was relocated off 
        the Ream Naval Base, reportedly to avert conflicts with 
        military personnel of the People's Republic of China.
            (29) In 2022, the governments of the People's Republic of 
        China and Cambodia held a groundbreaking ceremony for a new 
        upgrade to the Ream Naval Base, which, according to the 
        Washington Post, would allow the People's Liberation Army to 
        have ``exclusive use of the northern portion of the base, while 
        their presence would remain concealed''.
            (30) On June 8, 2022, in the groundbreaking ceremony for 
        constructing new facilities of the Ream Naval Base, the 
        Ambassador of the People's Republic of China to Cambodia, Wang 
        Wentian, declared that the base would be a monument to ``the 
        ironclad friendship and cooperation between the two 
        militaries'' of the People's Republic of China and Cambodia.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States is committed to promoting democracy, 
        human rights, and the rule of law in Cambodia, as laid out in 
        the 1991 Paris Peace Agreements;
            (2) the United States Government, through diplomacy and 
        assistance, should urge the Government of Cambodia to--
                    (A) release all political prisoners;
                    (B) drop all politically motivated charges and 
                vacate convictions against members of the Cambodia 
                National Rescue Party, journalists, and civil society 
                activists; and
                    (C) restore full political rights to the Cambodia 
                National Rescue Party and other political parties;
            (3) the United States Government should urge the Government 
        of Cambodia--
                    (A) to reverse the policies and actions that have 
                resulted in the dismantling of democracy, the blatant 
                disregard of fundamental human rights, and the 
                breakdown of rule of law in Cambodia;
                    (B) to immediately discontinue the imprisonment and 
                judicial harassment of journalists, political 
                dissidents, and activists, and drop politically 
                motivated charges;
                    (C) to stop arrests and intimidation of civil 
                society members, including human rights activists, 
                environmental defenders, and labor leaders, and promote 
                a flourishing civil society that supports the political 
                and economic development of Cambodia;
                    (D) to halt the threat of mass arrests and violence 
                if and when Cambodia National Rescue Party members 
                currently overseas return to Cambodia;
                    (E) to reinstate the political status of the 
                Cambodia National Rescue Party and other opposition 
                parties, restore the Cambodia National Rescue Party's 
                elected seats in the National Assembly, and support 
                electoral reform efforts in Cambodia with free and fair 
                elections monitored by international observers;
                    (F) to ensure that media outlets are able to 
                operate freely and without interference, including 
                having the ability to apply for and receive licenses to 
                operate within Cambodia;
                    (G) to consider how allowing the People's 
                Liberation Army to conduct activities, gain access, or 
                establish a presence in Cambodia would harm Cambodia's 
                relationships with its neighbors, partners, and allies, 
                and could violate the Constitution of Cambodia; and
                    (H) to cease providing support to authoritarian 
                regimes and undermining democratic activists in the 
                region, especially through its ties to the Burmese 
                military that seized power in a coup d'etat on February 
                1, 2021, and instead play a constructive role in 
                multilateral organizations like the Association of 
                Southeast Asian Nations to promote peace and democracy 
                in the region;
            (4) Prime Minister Hun Sen is directly responsible, and 
        should be held accountable, for the safety, health, and welfare 
        of exiled Cambodia National Rescue Party leaders and their 
        supporters upon their return to Cambodia;
            (5) other governments throughout the Indo-Pacific region 
        should--
                    (A) urge the Government of Cambodia to allow the 
                peaceful return of exiled Cambodia National Rescue 
                Party leaders and their supporters;
                    (B) refrain from illegally restricting the rights 
                of Cambodia National Rescue Party members to travel to 
                and through their countries as they return; and
                    (C) press the Government of Cambodia not to allow 
                the People's Liberation Army to use Cambodia's military 
                facilities or establish a presence within Cambodia;
            (6) in the absence of systemic democratic reforms on the 
        part of the Government of Cambodia, there is need for 
        additional measures by the United States Government, including 
        through the enactment of legislation and executive action; and
            (7) the presence of the People's Liberation Army will 
        further enable Prime Minister Hun Sen's authoritarian 
        crackdown, including oppression of opposition parties, 
        independent civil society, and free media in Cambodia.

SEC. 4. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA.

    (a) Identification of Persons Responsible for Undermining Democracy 
in Cambodia.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a list of--
                    (A) any current or former official of the 
                Government of Cambodia or the military or security 
                forces of Cambodian, or any other foreign person, that 
                the President determines knowingly--
                            (i) directly and substantially undermines 
                        democracy in Cambodia;
                            (ii) engages in or is responsible for 
                        serious human rights abuses;
                            (iii) engages in or is responsible for 
                        significant corruption associated with 
                        undermining democracy in Cambodia; or
                            (iv) engages in or supports the 
                        establishment of installations or facilities 
                        that could be used by the People's Liberation 
                        Army or entities tied to the People's 
                        Liberation Army in Cambodia, which could 
                        include persons identified under paragraph (1) 
                        of section 5 in the report required by that 
                        section;
                    (B) any person that the President determines is 
                acting for or on behalf of a person described in 
                subparagraph (A) related to conduct described in that 
                subparagraph; and
                    (C) any person that the President determines is 
                owned or controlled by a person described in 
                subparagraph (A) and is involved in conduct described 
                in that subparagraph.
            (2) Updates.--The President shall submit to the appropriate 
        congressional committees updated lists under paragraph (1) as 
        new information becomes available.
    (b) Imposition of Sanctions.--The President shall impose the 
following sanctions with respect to each foreign person on the list 
required by subsection (a):
            (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.) (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 property and interests in property 
        of the person if such property and interests in property are in 
        the United States, come within the United States, or are or 
        come within the possession or control of a United States 
        person.
            (2) Aliens inadmissible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--In the case of an 
                individual, that individual 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.--The visa or other entry 
                        documentation of the individual shall be 
                        revoked in accordance with section 221(i) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), regardless of when such 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 individual's possession.
    (c) Implementation; Penalties.--
            (1) 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.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (b)(1) 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 that section.
    (d) Exceptions.--
            (1) Exception for intelligence and law enforcement 
        activities.--Sanctions under this section shall not apply with 
        respect to--
                    (A) 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
                    (B) any authorized intelligence or law enforcement 
                activities of the United States.
            (2) Exception to comply with international obligations.--
        Sanctions under subsection (b)(2) shall not apply with respect 
        to the admission or parole of an individual if admitting or 
        paroling the individual into the United States is necessary 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.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under subsection (b)(1) 
                shall not include the authority or 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.
    (e) Waiver.--The President may waive the application of sanctions 
under subsection (b) with respect to a foreign person on the list 
required by subsection (a) 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) Suspension of Sanctions.--
            (1) Suspension.--The requirement to impose sanctions under 
        this section may be suspended for an initial period of not more 
        than one year if the President determines and certifies to the 
        appropriate congressional committees that Cambodia is making 
        meaningful progress toward the following:
                    (A) Ending government efforts to undermine 
                democracy.
                    (B) Ending human rights violations associated with 
                undermining democracy.
                    (C) Releasing all political prisoners.
                    (D) Dropping all politically motivated charges and 
                vacating convictions from any such charges against 
                members of the Cambodia National Rescue Party, 
                journalists, and civil society activists.
                    (E) Conducting free and fair elections that allow 
                for the active participation of credible opposition 
                candidates.
            (2) Renewal of suspension.--The suspension of sanctions 
        under paragraph (1) may be renewed for additional, consecutive 
        one-year periods if the President determines and certifies to 
        the appropriate congressional committees that Cambodia 
        continued to make meaningful progress toward satisfying the 
        conditions described in that paragraph during the year 
        preceding the certification.
    (g) Sunset.--This section shall terminate on the date that is 5 
years after the date of the enactment of this Act.

SEC. 5. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY AND 
              GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA IN CAMBODIA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the committees 
specified in subsection (c) a report assessing--
            (1) the involvement of the Government of the People's 
        Republic of China or the People's Liberation Army in upgrading 
        existing facilities or constructing new facilities at Ream 
        Naval Base and Dara Sakor Airport in Cambodia;
            (2) any actual or projected benefits, including any 
        enhancement of the power projection capabilities of the 
        People's Liberation Army, that the Government of the People's 
        Republic of China or the People's Liberation Army may accrue as 
        a result of such upgrades or construction;
            (3) the impact that the presence of the People's Liberation 
        Army in Cambodia may have on the interests, allies, and 
        partners of the United States in the region;
            (4) any efforts undertaken by the United States Government 
        to convey to the Government of Cambodia the concerns relating 
        to the presence of the People's Liberation Army and the 
        Government of the People's Republic of China in Cambodia and 
        the impact that presence could have on security in the South 
        China Sea and the Indo-Pacific region more broadly and on 
        adherence to the Constitution of Cambodia;
            (5) the impact the presence of the People's Liberation Army 
        in Cambodia, as well as closer government-to-government ties 
        between Cambodia and the Government of the People's Republic of 
        China, including through investments under the Belt and Road 
        Initiative, has had on the deterioration of democracy and human 
        rights inside Cambodia; and
            (6) any other ongoing activities by the People's Liberation 
        Army or any other security services of the Government of the 
        People's Republic of China in Cambodia.
    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified annex.
    (c) Committees Specified.--The committees specified in this 
subsection are--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to limit the authority of the 
President to designate persons for the imposition of sanctions pursuant 
to an Executive order issued under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) or otherwise pursuant to that Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) People's liberation army.--The term ``People's 
        Liberation Army'' means the armed forces of the People's 
        Republic of China.
            (5) Person.--The term ``person'' means an individual or 
        entity.
            (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;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction of the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.
                                                       Calendar No. 455

117th CONGRESS

  2d Session

                                S. 3052

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