,,ii #aaeth ,,congress #ast ,session ,s4 #dag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjag,mr4 ,rubio 7for himself1 ,mr4 ,cotton1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to reinstate reporting requirements related to ,united ,states-,hong ,kong relations4 #a4 ,short title ,this ,act may be cited as the ,hong ,kong ,human ,rights and ,democracy ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,admitted2 alien ,the terms admitted and alien have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on the ,judiciary of the ,senate4 7#c7 ,financial institution ,the term financial institution has the meaning given that term in section #ecab of title #ca1 ,united ,states ,code4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #c4 ,findings ,congress makes the following findings3 7#a7 ,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 ,kong1 done at ,beijing ,december #ai1 #aihd 7in this ,act referred to as the ,joint ,declaration7-- 7,a7 provided that the ,people's ,republic of ,china resumed sovereignty over ,hong ,kong on ,july #a1 #aiig2 and 7,b7 established a high degree of autonomy for ,hong ,kong except in matters of foreign affairs and defense4 7#b7 ,the ,basic ,law of the ,hong ,kong ,special ,administrative ,region of the ,people's ,republic of ,china 7in this ,act referred to as ,basic ,law7-- 7,a7 guarantees ,hong ,kong a high degree of autonomy and separate executive1 legislative1 and independent judicial powers2 7,b7 generally prohibits the central ,government of the ,people's ,republic of ,china from interfering in the affairs that ,hong ,kong administers on its own according to the ,basic ,law2 7,c7 protects the rights to free speech1 press1 assembly1 and religion2 7,d7 guarantees residents of ,hong ,kong the freedom of the person1 meaning no ,hong ,kong resident shall be subjected to arbitrary or unlawful arrest1 detention or imprisonment2 7,e7 guarantees residents of ,hong ,kong the right to confidential legal advice1 access to the courts1 choice of lawyers for timely protection of their lawful rights and interests or for representation in the courts1 and to judicial remedies2 7,f7 provides that the socialist system and policies shall not be practiced in ,hong ,kong and that ,hong ,kong's capitalist system and way of life shall remain unchanged for #ej years 7the principle of one country1 two systems72 7,g7 affirms the continuing applicability of the ,international ,covenant on ,civil and ,political ,rights to ,hong ,kong2 7,h7 provides that the head of the ,hong ,kong ,special ,administrative ,region shall be the ,chief ,executive2 7,i7 provides that the ultimate aim is the selection of the ,chief ,executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures2 7,j7 provides that the legislature of the ,hong ,kong ,special ,administrative ,region shall be the ,legislative ,council2 and 7,k7 provides that the ultimate aim is the election of all the members of the ,legislative ,council by universal suffrage4 7#c7 ,the ,national ,people's ,congress ,standing ,committee 7,,npcsc7 determined on ,december #bi1 #bjjg1 that ,hong ,kong could elect the ,chief ,executive by universal suffrage beginning in #bjag1 and that ,hong ,kong could thereafter elect the ,legislative ,council by universal suffrage beginning in #bjbj4 7#d7 ,the ,chief ,executive is currently selected by an ,election ,committee consisting of #a1bjj members4 ,in order to run1 candidates for ,chief ,executive must currently receive the support of one-eighth of the members of the ,election ,committee1 the majority of whom reportedly support or have ties to the ,chinese ,communist ,party4 7#e7 ,on ,august #ca1 #bjad1 the ,,npcsc determined that the #bjag election for the ,chief ,executive could be held by universal suffrage but that ,hong ,kong voters could only choose from two to three candidates1 each of whom is to be chosen by a majority of a nominating committee similar to the current ,election ,committee that is heavily controlled by pro-,beijing members4 7#f7 ,international standards for elections1 including ,article #ba of the ,universal ,declaration of ,human ,rights and ,article #be of the ,international ,covenant on ,civil and ,political ,rights1 guarantee citizens the right to vote and to be elected in genuine periodic elections by universal and equal suffrage without unreasonable restrictions4 7#g7 ,hundreds of thousands of ,hong ,kong residents have consistently and peacefully expressed their dissatisfaction with the electoral reform plans of the ,hong ,kong government and the ,government of the ,people's ,republic of ,china1 including the ,august #bjad ,,npcsc decision1 and have called for a genuine choice in elections that meet international standards4 ,their peaceful and orderly protests have set an example for other democratic movements around the world1 including those in mainland ,china that continue to fight for their fundamental freedoms4 7#h7 ,media reports and video footage indicate that ,hong ,kong police used tear gas and pepper spray against pro-democracy demonstrators on ,september #bh1 #bjad4 ,there have also been accusations of excessive use of force by the ,hong ,kong police1 but no police officer has yet been convicted4 7#i7 ,protestors and pro-democracy activists reported sustained harassment and intimidation during and after the demonstrations1 including hacking of their email accounts or phone1 by groups reportedly connected to the ,government of the ,people's ,republic of ,china4 7#aj7 ,some protestors and activists have been unable to travel to mainland ,china due to their participation in the demonstrations1 which has a direct bearing on their future employment prospects4 ,pro-democracy advocates claim that the ,governments of the ,people's ,republic of ,china and ,hong ,kong have assembled blacklists of activists banned from entering mainland ,china4 7#aa7 ,several prominent student leaders1 including ,joshua ,wong1 leader of the now dissolved student activist group ,scholarism and ,secretary-,general of the political party ,demosisto1 ,nathan ,law1 former ,general ,secretary of the ,hong ,kong ,federation of ,students and current member of the ,legislative ,council1 and ,alex ,chow1 the former ,general ,secretary of the ,hong ,kong ,federation of ,students1 had legal charges levied against them due to their participation in pro-democracy protest activities in ,september #bjad4 ,wong and ,chow were convicted of unlawful assembly while ,law was convicted of incitement1 offenses under ,hong ,kong's ,public ,order ,ordinance1 which is incompatible with international standards on the freedom of assembly4 7#ab7 ,ahead of the ,september #bjaf ,legislative ,council election1 the ,electoral ,affairs ,commission in ,hong ,kong issued a new confirmation form for ,leg,co candidates to sign confirming their commitment to uphold the ,basic ,law1 specifically that the territory is an inalienable part of ,china4 ,six pro-independence candidates were disqualified for failing to do so4 ,this new requirement has been characterized as unlawful and political censorship by lawyers1 political organizations1 and students4 7#ac7 ,following the ,september #bjaf ,legislative ,council elections1 the ,hong ,kong government filed a lawsuit to remove from office two newly-elected pro-democracy lawmakers1 arguing that the alterations they made to their oaths of office rendered those oaths invalid4 7#ad7 ,on ,november #g1 #bjaf1 the ,,npcsc intervened in the pending court case1 issuing an interpretation of article #ajd of ,hong ,kong's ,basic ,law which found that oaths of office would be invalid unless delivered sincerely and solemnly4 ,following the ,,npcsc interpretation1 the two lawmakers were removed from office by a ,hong ,kong court4 7#ae7 ,in ,december #bjaf1 the ,hong ,kong government filed a lawsuit against four other pro-democracy lawmakers1 seeking to disqualify and remove them from office for impermissibly altering their oaths4 7#af7 ,five individuals affiliated with the ,mighty ,current ,publishing ,house and the ,causeway ,bay ,bookstore1 both of which are based in ,hong ,kong and sell literary works critical of ,beijing1 disappeared under mysterious circumstances between ,october and ,december #bjae1 including ,gui ,minhai1 a naturalized ,swedish citizen and co-owner of ,mighty ,current2 ,lee ,bo1 a ,british citizen and co-owner of ,mighty ,current2 ,lui ,bo2 ,cheung ,chi-ping2 and ,lam ,wing-kee4 7#ag7 ,upon his return to ,hong ,kong in ,june #bjaf1 ,lam publicly revealed details of his and other booksellers' detentions1 including their forced confessions alleging that the abductions and detentions were directed by ,chinese central government officials4 7#ah7 ,despite ,lee's denial that he was abducted and the televised confessions of the other four1 the five men's disappearances have been widely condemned by human rights organizations and foreign officials and have resulted in allegations of mainland ,china's law enforcement agencies operating in ,hong ,kong1 which would be a violation of the ,basic ,law4 7#ai7 ,in ,february #bjaf1 the ,british ,foreign ,secretary said ,lee ,bo's involuntary removal to mainland ,china constituted a serious breach of the ,sino-,british ,joint ,declaration that paved the way for ,hong ,kong's #aiig return to ,china4 ,as part of the treaty1 ,china promised to safeguard ,hong ,kong's freedoms4 7#bj7 ,as ,china's use of public confessions has expanded1 several ,hong ,kong media outlets have been the medium whereby prominent rights defenders and lawyers1 including ,wang ,yu and ,zhao ,wei1 have confessed to their alleged crimes4 7#ba7 ,the ,united ,states enjoys close economic1 social1 and cultural ties with ,hong ,kong4 ,according to the ,department of ,state1 #fj1jjj ,united ,states citizens live in ,hong ,kong1 and #a1djj ,united ,states businesses have offices there4 ,according to the ,office of the ,united ,states ,trade ,representative1 ,hong ,kong is the ,united ,states #ahth largest trade partner and #ajth largest export market for ,united ,states goods4 7#bb7 ,hong ,kong's unique status as an international finance center where the rule of law and the rights and freedoms of its citizens are protected has served as the foundation for ,hong ,kong's stability and prosperity4 7#bc7 ,section #cja of the ,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca7 required the ,secretary of ,state to issue reports on conditions in ,hong ,kong of interest to the ,united ,states1 including the development of democratic institutions in ,hong ,kong1 and the last report under section #cja was issued on ,june #cj1 #bjjg4 7#bd7 ,failure to establish a genuine democratic option to nominate and elect the ,chief ,executive of ,hong ,kong by #bjag and to establish open and direct democratic elections for all members of the ,hong ,kong ,legislative ,council by #bjbj would reduce confidence in the commitment of the ,government of the ,people's ,republic of ,china to uphold its obligations under international law1 and would erode the ability of ,hong ,kong to retain a high degree of autonomy4 7#be7 ,during an ,october #bjad session1 the ,united ,nations ,human ,rights ,committee1 consisting of #ah independent experts1 reviewed ,china's compliance with the ,international ,covenant on ,civil and ,political ,rights with respect to ,hong ,kong4 ,according to the session's chair1 the ,committee agreed on the need to ensure universal suffrage1 which means both the right to be elected as well as the right to vote4 ,the main concerns of ,committee members were focused on the right to stand for elections without unreasonable restrictions4 ,another ,committee member said that the committee doesn't want candidates filtered4 ,the problem is that ,beijing wants to vet candidates4 7#bf7 ,the ,congressional-,executive ,commission on ,china's #bjae ,annual ,report observed developments raising concerns that the ,chinese and ,hong ,kong governments may have infringed on the rights of the people of ,hong ,kong1 including in the areas of political participation and democratic reform1 press freedom1 and freedom of assembly4 7#bg7 ,the ,congressional-,executive ,commission on ,china's #bjaf ,annual ,report found that the growing influence of the ,chinese central government and communist party and suspected activity by ,chinese authorities in ,hong ,kong--notably the disappearance1 alleged abduction1 and detention in mainland ,china of five ,hong ,kong booksellers--raised fears regarding ,hong ,kong's autonomy within ,china as guaranteed under the one country1 two systems policy enshrined in the ,basic ,law1 which prohibits mainland ,chinese authorities from interfering in ,hong ,kong4 7#bh7 ,a ,hong ,kong ,journalists ,association 7,,hkja7 survey on press freedom found that #he percent of journalists believed press freedom had deteriorated in #bjae4 7#bi7 ,hong ,kong ranked #fith among #ahj countries in ,reporters ,without ,borders' #bjaf ,world ,press ,freedom ,index1 down eight places in just two years and marking a significant decline from #bjjb1 when ,hong ,kong ranked #ahth4 7#cj7 ,freedom ,house's #bjae ,freedom of the ,press ,report found a five-year decline in press freedom in ,hong ,kong marked by an increase in physical attacks against journalists1 cyberattacks crippling widely read news sites at politically sensitive moments1 and businesses withdrawing advertising from outlets that were critical of ,beijing and supportive of prodemocracy protestors4 #d4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to reaffirm the principles and objectives set forth in the ,united ,states-,hong ,kong ,policy ,act of #aiib1 namely that-- 7,a7 the ,united ,states has a strong interest in the continued vitality1 prosperity1 and stability of ,hong ,kong2 7,b7 support for democratization is a fundamental principle of ,united ,states foreign policy2 7,c7 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 ,kong2 7,d7 human rights serve as a basis for ,hong ,kong's continued economic prosperity2 and 7,e7 ,hong ,kong must remain sufficiently autonomous from the ,people's ,republic of ,china to justify a different treatment under a particular law of the ,united ,states1 or any provision thereof1 from that accorded the ,people's ,republic of ,china2 7#b7 to support the democratic aspirations of the people of ,hong ,kong1 as guaranteed to them by the ,joint ,declaration1 the ,basic ,law1 the ,international ,covenant on ,civil and ,political ,rights1 and the ,universal ,declaration of ,human ,rights2 7#c7 to urge the ,government of the ,people's ,republic of ,china to uphold its commitments to ,hong ,kong1 including allowing the people of ,hong ,kong to rule ,hong ,kong with a high degree of autonomy and without undue interference1 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 suffrage2 7#d7 to support the establishment by #bjag of a genuine democratic option to freely and fairly nominate and elect the ,chief ,executive of ,hong ,kong1 and the establishment by #bjbj of open and direct democratic elections for all members of the ,hong ,kong ,legislative ,council2 7#e7 to support the robust exercise by residents of ,hong ,kong of the rights to free speech and the press as guaranteed to them by the ,basic ,law and the ,joint ,declaration2 7#f7 to ensure that all residents of ,hong ,kong are afforded freedom from arbitrary or unlawful arrest1 detention1 or imprisonment as guaranteed to them by the ,basic ,law and the ,joint ,declaration2 and 7#g7 to draw international attention to any violations by the ,government of the ,people's ,republic of ,china of the fundamental rights of residents of ,hong ,kong and any encroachment upon the autonomy guaranteed to ,hong ,kong by the ,basic ,law and the ,joint ,declaration4 #e4 ,reinstatement of reporting requirements related to ,united ,states-,hong ,kong relations 7a7 ,in general ,section #cja of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca7 is amended-- 7#a7 by striking ,not later than and all that follows through the ,secretary of ,state and inserting ,not later than #ij days after the date of the enactment of the ,hong ,kong ,human ,rights and ,democracy ,act of #bjag and annually thereafter through #bjbc12 7#b7 by striking ,speaker of the ,house of ,representatives and inserting chairman of the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7#c7 in paragraph 7#g71 by striking 2 and and inserting a semicolon2 7#d7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7#e7 by adding at the end the following new paragraph3 7#i7 matters in which ,hong ,kong is given separate treatment under the laws of the ,united ,states from that accorded to the ,people's ,republic of ,china and in accordance with this ,act4 4 7b7 ,form ,the report required under section #cja of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca71 as amended by subsection 7a71 should be unclassified and made publicly available1 including through the ,department of ,state's public website4 #f4 ,treatment of ,hong ,kong under ,united ,states law ,title ,,ii of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egba et seq47 is amended by inserting after section #bjb the following new section3 #bjb;a4 ,treatment of ,hong ,kong under ,united ,states law 7a7 ,secretary of state certification requirement 7#a7 ,in general ,not later than #ij days after the date of the enactment of the ,hong ,kong ,human ,rights and ,democracy ,act of #bjag1 and annually thereafter1 the ,secretary of ,state shall certify to ,congress whether ,hong ,kong is sufficiently autonomous to justify separate treatment under a particular law of the ,united ,states1 or any provision thereof1 different from that accorded the ,people's ,republic of ,china in any new laws1 agreements1 treaties1 or arrangements entered into between the ,united ,states and ,hong ,kong after the date of the enactment of such ,act4 7#b7 ,factor for consideration ,in making a certification under paragraph 7#a71 the ,secretary of ,state should consider the terms1 obligations1 and expectations expressed in the ,joint ,declaration with respect to ,hong ,kong4 7b7 ,waiver authority ,the ,secretary of ,state may waive the application of subsection 7a7 if the ,secretary-- 7#a7 determines that such a waiver is in the national security interests of the ,united ,states2 and 7#b7 on or before the date on which the waiver takes effect1 submits to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives a notice of and justification for the waiver4 4 #g4 ,identification of persons responsible for the abduction of certain booksellers and journalists in ,hong ,kong and for other actions to suppress basic freedoms in ,hong ,kong 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of each person that the ,president determines1 based on credible information-- 7#a7 is responsible for the surveillance1 abduction1 detention1 abuse1 or forced confession of ,gui ,minhai1 ,lee ,bo1 ,lam ,wing-kee1 ,lui ,bo1 or ,cheung ,chi-ping1 all of whom are involved in the operation of the ,mighty ,current ,publishing ,house based in ,hong ,kong2 7#b7 is responsible for the surveillance1 abduction1 detention1 abuse1 or forced confession of ,guo ,zhongxiao or ,wang ,jianmin1 both of whom are involved in the operation of magazine publications based in ,hong ,kong2 or 7#c7 is responsible for the surveillance1 abduction1 detention1 abuse1 or forced confession of any other journalist1 publisher1 writer1 bookseller1 or other resident in ,hong ,kong in connection with the exercise by that individual of the right to freedom of speech1 freedom of the press1 freedom of assembly1 freedom of association1 and freedom of religion4 7b7 ,updates ,the ,president shall submit to the appropriate congressional committees an update of the list required by subsection 7a7 as new information becomes available4 7c7 ,form 7#a7 ,in general ,the list required by subsection 7a7 shall be submitted in unclassified form4 7#b7 ,exception ,the name of a person to be included in the list required by subsection 7a7 may be submitted in a classified annex only if the ,president-- 7,a7 determines that it is vital for the national security interests of the ,united ,states to do so2 7,b7 uses the annex in such a manner consistent with congressional intent and the purposes of this ,act2 and 7,c7 #ae days before submitting the name in a classified annex1 provides to the appropriate congressional committees notice of1 and a justification for1 including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a74 7#c7 ,consideration of data from other countries and nongovernmental organizations ,in preparing the list required by subsection 7a71 the ,president shall consider information provided by the chairperson and ranking member of each of the appropriate congressional committees and credible data obtained by other countries and nongovernmental organizations1 including organizations inside the ,people's ,republic of ,china or ,hong ,kong1 that monitor the human rights abuses of the ,government of the ,people's ,republic of ,china or its associates or agents4 7#d7 ,public availability ,the unclassified portion of the list required by subsection 7a7 shall be made available to the public and published in the ,federal ,register4 7d7 ,removal from list ,a person may be removed from the list required by subsection 7a7 if the ,president determines and reports to the appropriate congressional committees not later than #ae days before the removal of the person from the list that-- 7#a7 credible information exists that the person did not engage in the activity for which the person was added to the list2 7#b7 the person has been prosecuted appropriately for the activity in which the person engaged2 or 7#c7 the person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activities in which the person engaged1 and has credibly committed to not engage in the types of activities specified in paragraphs 7#a7 through 7#c7 of subsection 7a74 7e7 ,requests by chairperson and ranking member of appropriate congressional committees 7#a7 ,in general ,not later than #abj days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection 7a71 the ,president shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person4 7#b7 ,form ,the ,president may submit a response required by paragraph 7#a7 in classified form if the ,president determines that it is vital for the national security interests of the ,united ,states to do so4 7#c7 ,removal ,if the ,president removes from the list required by subsection 7a7 a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees1 the ,president shall provide the chairperson and ranking member with any information that contributed to the removal decision4 ,the ,president may submit such information in classified form if the ,president determines that it is vital for the national security interests of the ,united ,states to do so4 7f7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the list required by subsection 7a7 without regard to the requirements of section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the ,united ,states4 #h4 ,inadmissibility of certain aliens and family members 7a7 ,in general ,section #bab7;a77#b77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,f77 is amended to read as follows3 7,f7 ,abductions of certain journalists ,any alien described in section #g7;a7 of the ,hong ,kong ,human ,rights and ,democracy ,act of #bjag is inadmissible4 4 7b7 ,current visas revoked ,the issuing consular officer1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security 7or a designee of one of such ,secretaries7 shall revoke any visa or other entry documentation issued to any person who is included on the list required under section #g7;a7 that is an alien1 regardless of when issued4 ,the revocations shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7c7 ,waiver for national security interests 7#a7 ,in general ,the ,secretary of ,state may waive application of section #bab7;a77#b77;,f7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 or subsection 7b7 with respect to an alien1 if-- 7,a7 the ,secretary determines that such a waiver-- 7i7 is necessary to permit the ,united ,states to comply with the ,agreement between the ,united ,nations and the ,united ,states of ,america regarding the ,headquarters of the ,united ,nations1 signed ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 or other applicable international obligations of the ,united ,states2 or 7ii7 is vital for the national security interests of the ,united ,states2 and 7,b7 before granting such a waiver1 the ,secretary provides to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7#b7 ,timing for certain waivers ,notification under subparagraph 7,b7 of paragraph 7#a7 shall be made not later than #ae days before granting a waiver under such paragraph if the ,secretary grants such waiver under subparagraph 7,a77ii7 of such paragraph4 7d7 ,regulatory authority ,the ,secretary of ,state shall prescribe such regulations as are necessary to carry out this section4 #i4 ,treatment of ,hong ,kong applicants for visas to study or work in the ,united ,states ,title ,,ii of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egba et seq471 as amended by section #f1 is further amended by inserting after section #bjb;a the following new section3 #bjb;b4 ,treatment of ,hong ,kong applicants for visas to study or work in the ,united ,states 7a7 ,statement of policy ,notwithstanding all other provisions of law1 applications for visas to enter1 study1 or work in the ,united ,states1 submitted by otherwise qualified applicants who were resident in ,hong ,kong in #bjad1 shall not be denied on the basis of the applicant's arrest1 detention1 or other adverse government action taken as a result of the applicant's participation in nonviolent protest activities related to ,hong ,kong's electoral processes4 7b7 ,implementation ,the ,secretary of ,state shall take such steps as necessary to ensure that consular officers shall be aware of this provision of law and shall receive appropriate training and support in order to ensure that it is carried out in such a way that affected individuals shall not face discrimination or unnecessary delay in the processing of their visa applications1 including-- 7#a7 providing specialized training for consular officers posted to ,hong ,kong1 ,beijing1 ,guangzhou1 and ,macau2 7#b7 instructing the ,united ,states ,consulate in ,hong ,kong to maintain an active list of individuals whom it knows to have been detained1 arrested or otherwise targeted by ,hong ,kong or ,people's ,republic of ,china authorities or their intermediaries as a result of their participation in the #bjad protests1 in order to facilitate the cross-checking of visa applications for ,hong ,kong applicants2 7#c7 amending the physical and on-line versions of the visa application as necessary in order to ensure relevant applicants are able to reference this provision of law in their explanatory materials2 and 7#d7 instructing personnel at the ,united ,states ,consulate in ,hong ,kong to engage with relevant individuals in the ,hong ,kong community in order to proactively inform them that they will not face discrimination in applying for a visa to the ,united ,states due to any adverse action taken against them by the authorities as a result of their participation in the #bjad protests4 7c7 ,cooperation with like-,minded countries ,the ,secretary of ,state or his or her designee shall contact appropriate representatives of other democratic countries1 particularly those who receive a large number of applicants for student and employment visas from ,hong ,kong1 to-- 7#a7 inform them of the ,united ,states policy regarding arrests for participation in nonviolent protests in ,hong ,kong2 7#b7 encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the ,hong ,kong and ,people's ,republic of ,china authorities2 and 7#c7 offer1 as appropriate1 to share information regarding the execution of this policy1 including information regarding persons eligible for relief under this provision4 4 #aj4 ,financial measures 7a7 ,freezing of assets ,the ,president shall exercise all powers granted by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a person who is on the list required by section #g7;a7 of this ,act if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7b7 ,waiver for national security interests ,the ,secretary of the ,treasury may waive the application of subsection 7a7 if the ,secretary determines that such a waiver is vital for the national security interests of the ,united ,states4 ,not later than #ae days before granting such a waiver1 the ,secretary shall provide to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7c7 ,enforcement 7#a7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of such section4 7#b7 ,requirements for financial institutions ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall prescribe or amend regulations as needed to require each financial institution that is a ,united ,states person and has within its possession or control assets that are property or interests in property of a person that is on the list required by section #g7;a7 if such property and interests in property are in the ,united ,states to certify to the ,secretary that1 to the best of the knowledge of the financial institution1 the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection 7a74 7#c7 ,notification to congress ,not later than #aj days before the promulgation of regulations under paragraph 7#b71 the ,president shall notify the appropriate congressional committees of the proposed regulations and the provisions of this ,act and the amendments made by this ,act that the regulations are implementing4 7d7 ,regulatory authority ,the ,secretary of the ,treasury shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 #aa4 ,report to ,congress ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 the ,secretary of ,state and the ,secretary of the ,treasury shall submit to the appropriate congressional committees a report on-- 7#a7 the actions taken to carry out this ,act1 including-- 7,a7 the number of persons added to or removed from the list required by section #g7;a7 during the year preceding the report1 the dates on which such persons have been added or removed1 and the reasons for adding or removing such persons2 and 7,b7 if few or no such persons have been added to that list during that year1 the reasons for not adding more such persons to the list2 and 7#b7 efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this ,act4