Hong Kong Human Rights and Democracy Act of 2019
PL 116-76 (S.1838), enacted 11/27/2019

[116th Congress Public Law 76]
[From the U.S. Government Publishing Office]



[[Page 133 STAT. 1161]]

Public Law 116-76
116th Congress

                                 An Act


 
        To amend the Hong Kong Policy Act of 1992, and for other 
             purposes. <<NOTE: Nov. 27, 2019 -  [S. 1838]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hong Kong Human 
Rights and Democracy Act of 2019.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 22 USC 5701 note.>>  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. <<NOTE: 22 USC 5701 note.>>  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

[[Page 133 STAT. 1162]]

        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. <<NOTE: 22 USC 5701 note.>>  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'');

[[Page 133 STAT. 1163]]

            (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) <<NOTE: 22 USC 5721.>>  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. <<NOTE: 22 USC 5725.>>  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;

[[Page 133 STAT. 1164]]

                    ``(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) <<NOTE: Assessment.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Lists.>>  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

[[Page 133 STAT. 1165]]

                      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) <<NOTE: Time period. Determination.>>  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) <<NOTE: Determination.>>  the Secretary 
                determines that such a waiver is in the national 
                security interests of the United States; and
                    ``(B) <<NOTE: Notification.>>  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) <<NOTE: President.>>  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. <<NOTE: 22 USC 5726.>>  TREATMENT OF HONG KONG 
                        APPLICANTS FOR VISAS TO STUDY OR WORK IN 
                        THE UNITED STATES.

    ``(a) Visa Eligibility for Certain Hong Kong Students.--
Notwithstanding <<NOTE: Time period.>>  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) <<NOTE: Lists.>>  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

[[Page 133 STAT. 1166]]

        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) <<NOTE: Websites.>>  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. <<NOTE: 22 USC 5701 note.>>  ANNUAL REPORT ON VIOLATIONS 
                    OF UNITED STATES EXPORT CONTROL LAWS AND 
                    UNITED NATIONS SANCTIONS OCCURRING IN HONG 
                    KONG.

    (a) <<NOTE: Time period. Consultation. Assessments.>>  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,

[[Page 133 STAT. 1167]]

        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. <<NOTE: 22 USC 5701 note.>>  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.

[[Page 133 STAT. 1168]]

    (b) <<NOTE: President. Determination. Reports.>>  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) <<NOTE: Strategy.>>  contains a strategy for protecting 
        United States citizens and businesses in Hong Kong;
            (2) <<NOTE: Assessment.>>  assesses the potential risks of 
        the legislation to United States citizens residing in, traveling 
        to, or transiting through Hong Kong; and
            (3) <<NOTE: Determination.>>  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. <<NOTE: President. 22 USC 5701 note.>>  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) <<NOTE: Reports. Determination.>>  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) <<NOTE: Time period.>>  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.

[[Page 133 STAT. 1169]]

            (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) <<NOTE: Applicability.>>  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) <<NOTE: Determination. Certification.>>  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

[[Page 133 STAT. 1170]]

        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) <<NOTE: Determination. Reports.>>  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. <<NOTE: President. 22 USC 5701 note.>>  SANCTIONS REPORTS.

    (a) In General.--In accordance with section 7, the President shall 
submit, to the appropriate congressional committees, a report that 
includes--

[[Page 133 STAT. 1171]]

            (1) <<NOTE: Lists.>>  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.-- <<NOTE: Publication.>> 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

[[Page 133 STAT. 1172]]

supply of crowd control and surveillance equipment that could be used 
inappropriately in Hong Kong.

    Approved November 27, 2019.

LEGISLATIVE HISTORY--S. 1838 (H.R. 3289):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 165 (2019):
            Nov. 19, considered and passed Senate.
            Nov. 20, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
            Nov. 27, Presidential statement.

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