#aafth ,,congress #ast ,session ,h4 ,r4 #cbhi ,,an ,,act ,to amend the ,hong ,kong ,policy ,act of #aiib and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hong ,kong ,human ,rights and ,democracy ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,statement of policy4 ,sec4 #d4 ,amendments to the ,united ,states-,hong ,kong ,policy ,act of #aiib4 ,sec4 #e4 ,report on enforcement of ,united ,states export control and sanctions laws by ,hong ,kong4 ,sec4 #f4 ,protecting ,united ,states interests with respect to ,hong ,kong4 ,sec4 #g4 ,sanctions relating to undermining fundamental freedoms and autonomy in ,hong ,kong4 ,sec4 #h4 ,sanctions reports4 ,sec4 #i4 ,determination of budgetary effects4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,b7 the ,committee on ,financial ,services of the ,house of ,representatives2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives4 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,f7 the ,committee on the ,judiciary of the ,senate4 7#b7 ,china ,the term ,china means the ,people's ,republic of ,china4 7#c7 ,social credit system ,the term social credit system means a system proposed by the ,government of ,china and scheduled for implementation by #bjbj that would use existing financial credit systems1 public records1 online activity1 and other tools of surveillance to aggregate data on every ,chinese citizen and business and use that data to monitor1 shape1 and rate certain financial1 social1 religious1 or political behaviors4 #c4 ,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 #aiib 7,public ,law #ajb-chc71 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 policy and therefore naturally applies to ,united ,states policy toward ,hong ,kong2 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 ,kong and serve as a basis for ,hong ,kong's continued economic prosperity2 and 7,d7 ,hong ,kong must remain sufficiently autonomous from the ,people's ,republic of ,china to justify treatment under a particular law of the ,united ,states1 or any provision thereof1 different from that accorded the ,people's ,republic of ,china2 7#b7 to support the high degree of autonomy and fundamental rights and freedoms of the people of ,hong ,kong1 as enumerated by-- 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 7referred to in this ,act as the ,joint ,declaration72 7,b7 the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff2 and 7,c7 the ,universal ,declaration of ,human ,rights1 done at ,paris ,december #aj1 #aidh4 7#c7 to support the democratic aspirations of the people of ,hong ,kong1 including the ultimate aim of the selection of the ,chief ,executive and all members of the ,legislative ,council by universal suffrage1 as articulated in the ,basic ,law of the ,hong ,kong ,special ,administrative ,region of the ,people's ,republic of ,china 7referred to in this ,act as the ,basic ,law72 7#d7 to urge the ,government of the ,people's ,republic of ,china and the ,government of the ,hong ,kong ,special ,autonomous ,region to uphold their commitment to the people of ,hong ,kong1 including providing a high degree of autonomy for ,hong ,kong as articulated in the ,joint ,declaration and the ,basic ,law2 7#e7 to support the robust exercise by residents of ,hong ,kong of the rights to free speech1 the press1 and other fundamental freedoms as provided by the ,basic ,law and the ,joint ,declaration2 7#f7 to support freedom from arbitrary or unlawful arrest1 detention1 or imprisonment for all ,hong ,kong residents1 as provided to them by the ,basic ,law and the ,joint ,declaration2 7#g7 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 and any encroachment upon the autonomy guaranteed to ,hong ,kong by the ,basic ,law and the ,joint ,declaration2 7#h7 to protect ,united ,states citizens and legal permanent residents living in ,hong ,kong as well as people visiting and transiting through ,hong ,kong2 and 7#i7 to maintain the economic and cultural ties that provide significant benefits to both the ,united ,states and ,hong ,kong4 #d4 ,amendments to the ,united ,states-,hong ,kong ,policy ,act of #aiib 7a7 ,certifications ,title ,,ii of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egba et seq47 is amended by adding at the end the following new section3 #bje4 ,secretary of ,state certification regarding the autonomy of ,hong ,kong 7a7 ,certification 7#a7 ,in general ,the ,secretary of ,state shall annually submit to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate a certification1 in conjunction with1 and taking into consideration the contents of1 the report required in section #cja1 regarding whether ,hong ,kong continues to warrant treatment under particular treaties1 international agreements1 and ,united ,states laws1 or any provisions thereof1 specified in paragraph 7#b7 in the same manner as such treaties1 international agreements1 and laws were applied to ,hong ,kong as of the date of enactment of this section4 7#b7 ,provisions specified ,the treaties1 international agreements1 and ,united ,states laws specified in this paragraph are the following3 7,a7 ,commercial agreements4 7,b7 ,law enforcement cooperation1 including extradition matters4 7,c7 ,nonproliferation commitments4 7,d7 ,sanctions enforcement4 7,e7 ,export control agreements1 including enforcement of export controls with respect to dual use technologies4 7,f7 ,formal treaties and agreements between the ,united ,states and ,hong ,kong1 including agreements related to taxation and currency exchange4 7,g7 ,other particular laws of the ,united ,states1 or any provisions thereof1 that accord to ,hong ,kong treatment different to that accorded to the ,people's ,republic of ,china4 7,h7 ,other bilateral or multilateral agreements determined relevant by the ,secretary4 7#c7 ,contents ,each assessment under paragraph 7#a7 shall include an evaluation of the ,government of ,hong ,kong's autonomous decision-making within the executive1 legislative1 and judicial branches1 with respect to-- 7,a7 upholding the rule of law2 and 7,b7 protecting the rights enumerated in-- 7i7 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 7the ,joint ,declaration72 7ii7 the ,basic ,law of the ,hong ,kong ,special ,administrative ,region of the ,people's ,republic of ,china 7the ,basic ,law72 7iii7 the ,universal ,declaration of ,human ,rights1 done at ,paris ,december #aj1 #aidh2 and 7iv7 the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff4 7#d7 ,factors 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 and the ,basic ,law4 7#e7 ,additional certifications ,notwithstanding the annual requirement for certifications under paragraph 7#a71 the ,secretary of ,state may issue additional certifications at any time if the ,secretary determines that circumstances in ,hong ,kong warrant such4 7#f7 ,form ,each certification under paragraph 7#a7 and any additional certifications under paragraph 7#e7 shall be submitted in unclassified from but may include a classified annex if the ,secretary of ,state determines such is necessary4 7b7 ,waiver ,the ,secretary of ,state may waive the application of subsection 7a71 in whole or in part1 if-- 7#a7 the ,secretary determines that such a waiver-- 7,a7 is in the national security interests of the ,united ,states2 or 7,b7 would protect the autonomy of ,hong ,kong2 and 7#b7 on or before the date on which such a waiver takes effect1 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 subsection4 7c7 ,public availability ,the unclassified portion of the certifications required under subsection 7a7 shall be made available to the public1 including through publication on the ,department of ,state website4 4 7b7 ,visa applicants ,title ,,ii of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egba et seq471 as amended by subsection 7a71 is further amended by adding at the end the following new section3 #bjf4 ,treatment of ,hong ,kong applicants for visas to enter the ,united ,states ,it is the sense of ,congress that applications for visas to enter the ,united ,states1 including for work or study1 which are submitted by otherwise qualified applicants from ,hong ,kong should not be denied solely on the basis of politically-motivated arrest1 detention1 or other adverse government action taken against such applicants as a result of the participation by such applicants in protest activities1 and that the ,secretary of ,state should make efforts to implement such policy1 ensure consular officers make determinations in accordance with such policy1 and coordinate with representatives of other countries to encourage the adoption of compatible policies4 4 7c7 ,reporting requirements ,subsection 7a7 of section #cja of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 in the first sentence1 by striking #bjbd and inserting #bjbg2 7#b7 in paragraph 7#g71 by striking and after the semicolon at the end2 7#c7 in paragraph 7#h71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following new paragraphs3 7#i7 ,china's ability to limit ,hong ,kong's autonomy with respect to the treaties1 international agreements1 and ,united ,states laws specified in section #bje7;a77#b7 as result of actions by the ,government of the ,people's ,republic of ,china that are inconsistent with its commitments under the ,basic ,law or the ,joint ,declaration2 7#aj7 the limitations to ,hong ,kong's autonomy with respect to the treaties1 international agreements1 and ,united ,states laws specified in section #bje7;a77#b7 resulting from actions by the ,government of the ,hong ,kong ,special ,autonomous ,region that are inconsistent with its commitments under the ,basic ,law or the ,joint ,declaration2 7#aa7 the specific impacts to any areas of cooperation between the ,united ,states and ,hong ,kong as a result of limits1 whether self-imposed or otherwise1 to ,hong ,kong's autonomy1 including any failures of the ,hong ,kong ,government to fulfill obligations with the ,united ,states under the treaties1 international agreements1 and ,united ,states laws specified in section #bje7;a77#b72 7#ab7 the specific actions taken by the ,united ,states ,government to mitigate the negative impact to ,united ,states interests of limitations1 whether self-imposed or otherwise1 to ,hong ,kong's autonomy or any failures to fulfill obligations with the ,united ,states under the treaties1 international agreements1 and ,united ,states laws specified in section #bje7;a77#b72 and 7#ac7 whether the rescission of special treatment under any particular treaties1 international agreements1 or particular laws of the ,united ,states1 or any provisions thereof would contribute to further erosion of ,hong ,kong's autonomy4 4 #e4 ,report on enforcement of ,united ,states export control and sanctions laws by ,hong ,kong 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall transmit to the committees specified in subsection 7b7 a report that includes the following3 7#a7 ,an assessment of the policies and actions of the ,government of the ,hong ,kong ,special ,autonomous ,region to enforce the ,export ,control ,reform ,act of #bjah 7subtitle ,b of title ,,xvii of ,public ,law #aae-bcb7 and other relevant provisions of ,united ,states law related to export controls4 7#b7 ,to the extent possible1 an identification of the following3 7,a7 ,any items that were transferred from ,hong ,kong in violation of such laws4 7,b7 ,the countries and persons to which such items were transferred4 7,c7 ,how such items were used4 7#c7 ,an assessment of whether ,united ,states origin items 7including software1 technology1 and services7 have been transferred from ,hong ,kong to ,china in violation of ,united ,states law and have been used by ,china for mass surveillance1 predictive policing1 or for the social credit system4 7#d7 ,an assessment of the policies and actions of the ,government of the ,hong ,kong ,special ,autonomous ,region to enforce sanctions imposed by the ,united ,states and the ,united ,nations4 7#e7 ,a description of the types of goods and services transshipped or reexported through ,hong ,kong in violation of such sanctions to-- 7,a7 ,north ,korea or ,iran2 or 7,b7 other countries1 regimes1 or persons subject to such sanctions for engaging in activities-- 7i7 relating to-- 7,i7 international terrorism1 international narcotics trafficking1 or the proliferation of weapons of mass destruction2 or 7,,ii7 corruption and violations of human rights2 or 7ii7 that otherwise present a threat to the national security1 foreign policy1 or economy of the ,united ,states4 7b7 ,committees specified ,the committees specified in this subsection are the following3 7#a7 ,the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#d7 ,the ,committee on ,financial ,services of the ,house of ,representatives4 7c7 ,form of report ,the report required under subsection 7a7 shall be transmitted in unclassified form1 but may include a classified annex4 #f4 ,protecting ,united ,states interests with respect to ,hong ,kong 7a7 ,policy statements ,it is the policy to the ,united ,states-- 7#a7 to safeguard ,united ,states citizens and lawful permanent residents from extradition1 rendition1 or abduction to ,china from ,hong ,kong for trial1 detention1 or any other purpose2 7#b7 to safeguard ,united ,states businesses in ,hong ,kong from economic coercion and intellectual property theft2 7#c7 pursuant to section #ajc7g7 of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egac7g771 to encourage ,united ,states businesses to continue to operate in ,hong ,kong in accordance with applicable ,united ,states and ,hong ,kong law2 and 7#d7 pursuant to section #bja7;b7 of such ,act 7#bb ,u4,s4,c4 #egba7;b771 to evaluate as circumstances require 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 ,kong4 7b7 ,notification to ,congress 7#a7 ,determination ,the ,secretary of ,state shall1 with respect to any legislation proposed or enacted by the ,government of ,hong ,kong1 determine1 not later than #cj days after such legislation is proposed or enacted1 if such proposed or enacted legislation would-- 7,a7 put ,united ,states citizens or lawful permanent residents at risk for rendition to ,china or other countries with which the ,united ,states ,government does not have an extradition agreement2 or 7,b7 otherwise have a significant negative impact on ,united ,states interests with respect to ,hong ,kong4 7#b7 ,notification ,if the ,secretary of ,state makes a determination in the affirmative under paragraph 7#a71 the ,secretary shall submit to the appropriate congressional committees a notification relating thereto that includes the following3 7,a7 ,an assessment of the potential risks of the proposed or enacted legislation described in such paragraph to ,united ,states national interests1 including risks to ,united ,states citizens or lawful permanent residents residing in1 traveling to1 or transiting through ,hong ,kong4 7,b7 ,a strategy for protecting ,united ,states interests in ,hong ,kong with respect to the proposed or enacted legislation described in such paragraph4 #g4 ,sanctions relating to undermining fundamental freedoms and autonomy in ,hong ,kong 7a7 ,identification of persons responsible for undermining fundamental freedoms and autonomy in ,hong ,kong 7#a7 ,in general ,the ,president shall transmit to the appropriate congressional committees a report1 in accordance with paragraph 7#b71 that identifies each foreign person that the ,president determines1 based on credible information1 is knowingly responsible for any of the following3 7,a7 ,the actual or threatened rendition1 arbitrary detention1 torture1 or forced confession of any individual in ,hong ,kong4 7,b7 ,repeated acts or decisions which contravene the shared obligations of ,china and ,hong ,kong under the ,joint ,declaration and ,basic ,law and undermine the national interests of the ,united ,states in ,hong ,kong's autonomy and the rule of law4 7,c7 ,other gross violations of internationally recognized human rights in ,hong ,kong4 7#b7 ,timing of reports ,the ,president shall transmit-- 7,a7 the report required under paragraph 7#a7-- 7i7 not later than #ahj days after the date of the enactment of this ,act2 and 7ii7 not less frequently than annually thereafter in conjunction with the publication of the report required under section #cja of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca72 and 7,b7 an update to the report required under paragraph 7#a7 not later than #ae days after any new credible information described in such paragraph becomes available4 7#c7 ,consideration of certain information ,in preparing the report required under paragraph 7#a71 the ,president shall consider the following3 7,a7 ,information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees4 7,b7 ,credible information obtained by other countries or nongovernmental organizations that monitor violations of human rights abuses4 7#d7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form but may include a classified annex4 7b7 ,imposition of sanctions ,the ,president shall impose the sanctions described in subsection 7c7 with respect to each foreign person identified in the report required under subsection 7a77#a74 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,asset blocking ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 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 7a77#a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or come within the possession or control of a ,united ,states person4 7#b7 ,ineligibility for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,a foreign person described in subsection 7a77#a7 and his or her immediate family members is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,a foreign person described in subsection 7a77#a7 is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7,c7 ,exception to comply with international obligations ,sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling such person into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7#c7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a foreign person that violates1 attempts to violate1 conspires to violate1 or causes a violation of paragraph 7#a7 to the same extent that such penalties apply to a person that commits an unlawful act described in subsection 7a7 of such section #bjf4 7d7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7e7 ,waiver ,the ,president may waive the application of sanctions under this section with respect to a foreign person identified in the report required under subsection 7a77#a7 if the ,president determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the ,united ,states4 7f7 ,termination of sanctions ,the ,president may terminate the application of sanctions under this section with respect to a foreign person if the ,president determines and reports to the appropriate congressional committees not less than #ae days before such termination takes effect that-- 7#a7 credible information exists that such person did not engage in the activity for which sanctions were imposed2 7#b7 such person has been prosecuted appropriately for the activity for which sanctions were imposed2 7#c7 such person has credibly demonstrated a significant change in behavior1 has paid an appropriate consequence for the activity for which sanctions were imposed1 and has credibly committed to not engage in an activity described in subsection 7a77#a7 in the future2 or 7#d7 the termination of the sanctions is in the national security interests of the ,united ,states4 7g7 ,exception relating to the importation of goods 7#a7 ,in general ,the authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7h7 ,definitions ,in this section3 7#a7 ,admitted ,the term admitted has the meanings given such term in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,knowingly ,the term knowingly means1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#d7 ,person ,the term person means an individual or entity4 7#e7 ,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 any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #h4 ,sanctions reports 7a7 ,in general ,the ,president shall transmit to the appropriate congressional committees a report that includes the following3 7#a7 ,a list of each foreign person with respect to which the ,president imposed sanctions under section #g during the year preceding the transmission of such report4 7#b7 ,a description of the type of sanctions imposed with respect to each such person4 7#c7 ,the number of foreign persons with respect to which the ,president terminated such sanctions during such year4 7#d7 ,the dates on which such sanctions were imposed or terminated1 as applicable4 7#e7 ,the reasons for imposing or terminating such sanctions4 7#f7 ,a description of the efforts of the ,president to encourage the governments of other countries to impose sanctions that are similar to such sanctions4 7b7 ,form ,the report required under subsection 7a7 shall be transmitted in unclassified form but may contain a classified annex4 7c7 ,public availability ,the unclassified portion of the report required under subsection 7a7 shall be made available to the public1 including through publication in the ,federal ,register4 7d7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the report required under 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 #i4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,october #ae1 #bjai4;,clerk4