,,ii ,calendar ,no4 #bch #aafth ,,congress #ast ,session ,s4 #ahch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ac1 #bjai,mr4 ,rubio 7for himself1 ,mr4 ,cardin1 ,mr4 ,risch1 ,mr4 ,menendez1 ,mr4 ,hawley1 ,mr4 ,king1 ,mr4 ,markey1 ,mr4 ,cotton1 ,mr4 ,cramer1 ,mr4 ,toomey1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,ms4 ,collins1 ,mr4 ,coons1 ,mr4 ,whitehouse1 ,mr4 ,cornyn1 ,mr4 ,wicker1 ,mr4 ,warner1 ,mr4 ,merkley1 ,mr4 ,young1 ,mr4 ,wyden1 ,mrs4 ,shaheen1 and ,mr4 ,romney7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,september #bf1 #bjai,reported by ,mr4 ,risch1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend the ,hong ,kong ,policy ,act of #aiib1 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 ,annual report on enforcement of ,united ,states export control and sanctions laws by ,hong ,kong4,sec4 #f4 ,protecting ,united ,states citizens and others from rendition to mainland ,china4,sec4 #g4 ,identification of persons responsible for abductions and for other actions to suppress basic freedoms in ,hong ,kong4,sec4 #h4 ,inadmissibility of certain aliens and family members4,sec4 #i4 ,financial measures4,sec4 #aj4 ,reports to ,congress4 #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 ,services of the ,senate2 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,c7 the ,committee on ,foreign ,relations of the ,senate2 7,d7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,e7 the ,committee on the ,judiciary of the ,senate2 7,f7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,g7 the ,committee on ,financial ,services of the ,house of ,representatives2 7,h7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,i7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,j7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#c7 ,china ,the term ,china means the ,people's ,republic of ,china4 7#d7 ,financial institution ,the term financial institution has the meaning given that term in section #ecab of title #ca1 ,united ,states ,code4 7#e7 ,social credit system ,the term social credit system means a system proposed by the ,government of ,china1 scheduled to be implemented by #bjbj1 that would aggregate data on every ,chinese citizen and business from existing financial credit systems1 mass surveillance1 public records1 online activity1 and artificial intelligence to expand the notion of a financial credit score1 potentially rewarding or punishing certain financial1 social1 religious1 or political behaviors4 7#f7 ,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 ,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 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 ,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 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 ,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 ,declaration71 the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff1 the ,universal ,declaration of ,human ,rights1 done at ,paris ,december #aj1 #aidh1 and 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#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 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 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 ,declaration2 7#h7 to protect ,united ,states citizens and long-term permanent residents living in ,hong ,kong and those visiting and transiting through ,hong ,kong2 and 7#i7 to maintain the economic and cultural ties that provide significant benefits to the ,united ,states and ,hong ,kong4 #d4 ,amendments to the ,united ,states-,hong ,kong ,policy ,act of #aiib 7a7 ,report ,title ,,ii of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egba et seq47 is amended-- 7#a7 in section #bja7;b71 by inserting or after after entered into before2 and 7#b7 adding at the end the following3 #bje4 ,secretary of ,state report regarding the autonomy of ,hong ,kong 7a7 ,report 7#a7 ,in general ,the ,secretary of ,state shall annually certify to ,congress1 in conjunction with the report required under section #cja1 whether ,hong ,kong is sufficiently autonomous to justify special treatment by the ,united ,states for bilateral agreements and programs1 in accordance with this ,act1 including the degree to which ,hong ,kong's autonomy has been eroded due to actions taken by the ,government of ,china that are inconsistent with its commitments in the ,basic ,law and the ,joint ,declaration and the impact of such erosion on specific areas of cooperation with the ,united ,states1 including on political rights1 civil liberties1 rule of law1 freedom of information1 religious freedom1 and democratic governance in ,hong ,kong4 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 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 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 following3 #bjf4 ,treatment of ,hong ,kong applicants for visas to study or work in the ,united ,states 7a7 ,statement of policy ,notwithstanding any other provision of law1 applications for visas to enter1 study1 or work in the ,united ,states1 which are submitted by otherwise qualified applicants who resided 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 the electoral process1 internationally recognized human rights1 protecting an independent judiciary1 or the rule of law4 7b7 ,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 7a7 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 applications1 including-- 7#a7 providing specialized training for consular officers posted to ,hong ,kong1 ,beijing1 ,guangzhou1 or ,macau2 7#b7 instructing the ,united ,states ,consulate in ,hong ,kong to maintain an active list of individuals whom are known to have been detained1 arrested1 or otherwise targeted by the ,government of ,hong ,kong or of ,china1 or intermediaries of such governments1 as a result of their participation in the #bjad protests1 to facilitate the cross-checking of visa applications for ,hong ,kong residents2 7#c7 amending the physical and online versions of the visa application1 as necessary1 to notify relevant applicants of such policy2 and 7#d7 instructing personnel at the ,united ,states ,consulate in ,hong ,kong to engage with relevant individuals in the ,hong ,kong community to proactively inform them that they will not face discrimination when 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 protests or other peaceful pro-democracy or human rights demonstrations4 7c7 ,cooperation with like-,minded countries ,the ,secretary of ,state1 or his or her designee1 shall contact appropriate representatives of other democratic countries1 particularly those who receive a large number of applicants for student and employment visas from ,hong ,kong-- 7#a7 to inform them of the ,united ,states policy regarding arrests for participation in nonviolent protests in ,hong ,kong2 7#b7 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 ,china2 and 7#c7 to offer to share information1 as appropriate1 regarding the execution of such policy1 including information regarding persons eligible for relief under such policy4 4 #e4 ,annual 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 and annually thereafter1 the ,secretary of ,commerce1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,state1 shall submit a report to the committees specified in subsection 7b7 that includes-- 7#a7 an assessment of whether the ,government of ,hong ,kong has adequately enforced the export control laws of the ,united ,states with respect to sensitive dual-use items2 7#b7 to the extent possible1 an identification of-- 7,a7 any items that were reexported from ,hong ,kong in violation of such laws2 7,b7 the countries and persons to which such items were reexported2 and 7,c7 how such items were used2 7#c7 an assessment of whether sensitive dual-use items subject to the export control laws of the ,united ,states are being-- 7,a7 transshipped through ,hong ,kong2 and 7,b7 used to develop-- 7i7 the ,sharp ,eyes1 ,skynet1 ,integrated ,joint ,operations ,platform1 or other systems of mass surveillance and predictive policing2 or 7ii7 the social credit system of ,china2 7#d7 an assessment of the efforts by the ,government of ,china to use the status of ,hong ,kong as a separate customs territory to import items into ,china in violation of the export control laws of the ,united ,states1 whether as part of the ,greater ,bay ,area plan1 the assignment of ,hong ,kong by ,beijing as a national technology and innovation center1 or through other programs that may exploit ,hong ,kong as a conduit for controlled sensitive technology2 7#e7 an assessment of whether the ,government of ,hong ,kong has adequately enforced sanctions imposed by the ,united ,states and the ,united ,nations2 and 7#f7 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 international terrorism1 international narcotics trafficking1 or the proliferation of weapons of mass destruction2 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-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#e7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7c7 ,form of report ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #f4 ,protecting ,united ,states citizens and others from rendition to mainland ,china 7a7 ,findings ,congress makes the following findings3 7#a7 ,the proposed amendments to ,hong ,kong's ,fugitive ,ordinance1 if enacted-- 7,a7 would allow rendition from ,hong ,kong of residents or foreign nationals to countries-- 7i7 with criminal procedure systems that lack strong protections for the rights of defendants2 or 7ii7 in which the law is used as to repress internationally recognized human rights1 including to mainland ,china2 7,b7 would remove independent legislative oversight and appropriate judicial review of extradition requests2 7,c7 may increase the influence of the ,government of ,china in ,hong ,kong and further erode the autonomy guaranteed ,hong ,kong by the ,joint ,declaration2 and 7,d7 would erode ,hong ,kong's reputation as a center of commerce and freedom governed by the rule of law4 7#b7 ,the ,government of ,china has subjected ,chinese and foreign nationals1 including citizens of the ,united ,states1 ,canada1 ,australia1 ,sweden1 and ,taiwan1 to arbitrary detention1 televised confessions1 denial of legal representation and medical treatment1 and other type of mistreatment4 7b7 ,policy statements ,it is the policy of the ,united ,states-- 7#a7 to ensure that ,united ,states citizens are protected from rendition to mainland ,china2 7#b7 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#c7 pursuant to section #bja7;b7 of such ,act 7#bb ,u4,s4,c4 #egba7;b771 to decide 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 ,kong4 7c7 ,response to threat of rendition ,if the proposed amendments to ,hong ,kong's ,fugitive ,offenders ,ordinance are enacted1 and the amended law allows renditions to countries that lack protection for the rights of defendants-- 7#a7 not later than #cj days after the date of the enactment of such amendments1 the ,president shall submit a report to the appropriate congressional committees that-- 7,a7 assesses whether the ,government of ,hong ,kong is legally competent to administer the ,united ,states-,hong ,kong ,agreement for the ,surrender of ,fugitive ,offenders2 7,b7 determines whether any additional authorities are needed to revise or withdraw from that treaty to protect ,united ,states citizens and national security and to support the guaranteed protections of the ,joint ,declaration2 and 7,c7 includes a strategy for protecting ,united ,states citizens from rendition to mainland ,china from ,hong ,kong1 including an assessment of-- 7i7 whether additional resources are needed for ,american ,citizen ,services at the ,united ,states ,consulate in ,hong ,kong2 and 7ii7 whether the ,department of ,state will revise the travel advisory for ,hong ,kong to reflect the potential impact of the revised ,fugitive ,offenders ,ordinance on ,united ,states residents and individuals traveling to1 or transiting through1 ,hong ,kong2 and 7#b7 if the ,government of ,hong ,kong enacts a new law regarding national security1 pursuant to ,article #bc of the ,basic ,law1 the ,president and the ,secretary of ,state shall take the actions required under paragraph 7#a7 and any additional actions required under section #bjb of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7,u4,s4,c4 #egbb7 unless ,secretary of ,state certifies that-- 7,a7 the new law does not violate the guarantees of the ,joint ,declaration2 and 7,b7 the internationally recognized human rights of ,hong ,kong citizens and foreign residents will not be restricted as a result of the new law's implementation4 #g4 ,identification of persons responsible for abductions 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 and annually thereafter in conjunction with the publication of the report required under section #cja of the ,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egca7 the ,president shall submit1 to the appropriate congressional committees1 a list containing the name of each person who the ,president determines1 based on credible information1 is responsible for-- 7#a7 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 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 the rendition to the mainland of the ,people's ,republic of ,china of any individual1 or the arbitrary detention1 torture1 or forced confession of any individual after rendition1 in connection with the exercise by that individual of internationally recognized human rights in ,hong ,kong1 including such individuals extradited to the mainland of the ,people's ,republic of ,china under any amended fugitive offenders ordinance in ,hong ,kong4 7b7 ,consideration of certain information ,in preparing the list required under subsection 7a71 the ,president shall consider-- 7#a7 information provided by the chairperson and ranking member of each of the appropriate congressional committees2 and 7#b7 credible information obtained by other countries or nongovernmental organizations1 including organizations inside ,china or ,hong ,kong1 that monitor the human rights abuses of the ,government of the ,china or its agents4 7c7 ,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 and ranking member of #a of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required under subsection 7a71 the ,president shall submit a response to the chairperson and ranking member of the committee that made the request with respect to the status of the person4 7#b7 ,information about removal decisions ,if the ,president removes from the list required under subsection 7a7 a person that was placed on the list at the request of the chairperson and ranking member of #a of the appropriate congressional committees1 the ,president shall provide the chairperson and ranking member with any information that contributed to the decision to remove the person4 7#c7 ,form ,the ,president may submit a response required under paragraph 7#a7 in classified form if the ,president determines that such classification is vital to the national security interests of the ,united ,states4 #h4 ,inadmissibility of certain aliens and family members 7a7 ,in general ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by adding at the end the following3 7,j7 ,certain aliens responsible for abductions or extraditions from hong kong ,any alien included in the list submitted by the ,president under section #g7;a7 of the ,hong ,kong ,human ,rights and ,democracy ,act of #bjai is inadmissible4 4 7b7 ,current visas revoked 7#a7 ,in general ,the issuing consular officer1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security 7or a designee of either ,secretary7 shall revoke any visa or other entry documentation issued to any alien who is included on the list required under section #g7;a71 regardless of when such visa or entry documentation was issued4 7#b7 ,effective date ,revocations under paragraph 7#a7 shall take effect on the date such action is taken 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 waive1 with respect to an alien1 the application of section #bab7;a77#b7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 or the application of subsection 7b7 if the ,secretary-- 7,a7 determines that such 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 to the national security interests of the ,united ,states2 and 7,b7 before granting such waiver1 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 may be necessary to carry out this section4 #i4 ,financial measures 7a7 ,blocking of property ,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 block and prohibit all transactions in all property and interests in property of a person on the list required under section #g7;a7 if such property and interests in property-- 7#a7 are in the ,united ,states2 7#b7 come within the ,united ,states2 or 7#c7 are or come within the possession or control of a ,united ,states person4 7b7 ,exception for importation of goods 7#a7 ,in general ,the requirement to impose sanctions under subsection 7a7 shall not include the authority to impose sanctions with respect to the importation of goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7c7 ,waiver for national security interests ,the ,president may waive the application of subsection 7a7 if the ,president-- 7#a7 determines that such waiver is vital for the national security interests of the ,united ,states2 and 7#b7 not later than #ae days before granting the waiver1 submits to the appropriate congressional committees notice of1 and a justification for1 the waiver4 7d7 ,enforcement 7#a7 ,penalties ,any person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a7 or any regulation1 license1 or order issued to carry out that subsection 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 to the extent necessary 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 on the list required under section #g7;a7 to certify to the ,secretary that1 to the best of the knowledge of the financial institution1 the financial institution has blocked all assets within the possession or control of the financial institution in accordance with subsection 7a74 7#c7 ,notification to congress ,not later than #aj days before prescribing or revising regulations under paragraph 7#b71 the ,president shall notify the appropriate congressional committees of the proposed regulations and the provisions of this ,act or amendments made by this ,act that the regulations are implementing4 7e7 ,rulemaking ,the ,secretary of the ,treasury shall issue such regulations1 licenses1 and orders as may be necessary to carry out this section4 #aj4 ,reports to ,congress 7a7 ,in general ,the ,president shall submit a report to the appropriate congressional committees that includes-- 7#a7 a list of each foreign person with respect to which the ,president imposed sanctions pursuant to section #h or #i during the #a-year period preceding the submission of the report2 7#b7 a description of the type of sanctions imposed with respect to each such person2 7#c7 the number of foreign persons with respect to which the ,president-- 7,a7 imposed sanctions under section #h or #i during that year2 and 7,b7 terminated sanctions under section #h or #i during that year2 7#d7 the dates on which such sanctions were imposed or terminated2 and 7#e7 the reasons for imposing or terminating such sanctions4 7b7 ,dates for submission 7#a7 ,initial report ,the ,president shall submit the initial report under subsection 7a7 not later than #a year after the date of the enactment of this ,act4 7#b7 ,subsequent reports 7,a7 ,in general ,the ,president shall submit a report under subsection 7a7 on ,december #aj1 or the first day thereafter on which both ,houses of ,congress are in session1 of-- 7i7 the calendar year in which the initial report is submitted if the initial report is submitted before ,december #aj of that calendar year2 and 7ii7 each calendar year thereafter4 7c7 ,form of report 7#a7 ,in general ,each report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7#b7 ,exception ,the name of a foreign person to be included in the list required under subsection 7a77#a7 may not be included in the classified annex authorized under paragraph 7#a7 unless the ,president-- 7,a7 determines that such inclusion is vital to the national security interests of the ,united ,states2 7,b7 uses the annex in a manner consistent with congressional intent and the purposes of this ,act2 and 7,c7 not later than #ae days before including such name in the classified annex1 provides to the appropriate congressional committees notice of1 and a justification for1 including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section #h or #i4 7d7 ,public availability 7#a7 ,in general ,the unclassified portion of the report required under subsection 7a7 shall be made available to the public1 including through publication in the ,federal ,register4 7#b7 ,nonapplicability of confidentiality requirement with respect to visa records ,the ,president shall publish the list required under subsection 7a77#a7 without regard to the requirements under 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 #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 ,annual report on violations of ,united ,states export control laws and ,united ,nations sanctions occurring in ,hong ,kong4,sec4 #f4 ,protecting ,united ,states citizens and others from rendition to the ,people's ,republic of ,china4,sec4 #g4 ,sanctions relating to undermining fundamental freedoms and autonomy in ,hong ,kong4,sec4 #h4 ,sanctions reports4,sec4 #i4 ,sense of ,congress on ,people's ,republic of ,china state-controlled media4,sec4 #aj4 ,sense of ,congress on commercial exports of crowd control equipment to ,hong ,kong4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,armed ,services of the ,senate2 7,c7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,d7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,e7 the ,committee on the ,judiciary of the ,senate2 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,g7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,h7 the ,committee on ,financial ,services of the ,house of ,representatives2 7,i7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,j7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,social credit system ,the term social credit system means a system proposed by the ,government of the ,people's ,republic of ,china and scheduled for implementation by #bjbj1 which would-- 7,a7 use existing financial credit systems1 public records1 online activity1 and other tools of surveillance to aggregate data on every ,chinese citizen and business2 and 7,b7 use such data to monitor1 shape1 and rate certain financial1 social1 religious1 or political behaviors4 7#c7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen2 7,b7 a lawfully admitted permanent resident of the ,united ,states2 or 7,c7 an entity organized under the laws of-- 7i7 the ,united ,states2 or 7ii7 any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 #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 #aidh2 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 to uphold its commitments to ,hong ,kong1 including allowing the people of ,hong ,kong to govern ,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#e7 to support the establishment 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#f7 to support the robust exercise by residents of ,hong ,kong of the rights to free speech1 the press1 and other fundamental freedoms1 as provided by the ,basic ,law1 the ,joint ,declaration1 and the ,international ,covenant on ,civil and ,political ,rights2 7#g7 to support freedom from arbitrary or unlawful arrest1 detention1 or imprisonment for all ,hong ,kong residents1 as provided by the ,basic ,law1 the ,joint ,declaration1 and the ,international ,covenant on ,civil and ,political ,rights2 7#h7 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 ,kong1 as provided by the ,international ,covenant on ,civil and ,political ,rights1 and any encroachment upon the autonomy guaranteed to ,hong ,kong by the ,basic ,law and the ,joint ,declaration2 7#i7 to protect ,united ,states citizens and long-term permanent residents living in ,hong ,kong1 as well as people visiting and transiting through ,hong ,kong2 7#aj7 to maintain the economic and cultural ties that provide significant benefits to both the ,united ,states and ,hong ,kong2 and 7#aa7 to coordinate with allies1 including the ,united ,kingdom1 ,australia1 ,canada1 ,japan1 and the ,republic of ,korea1 to promote democracy and human rights in ,hong ,kong4 #d4 ,amendments to the ,united ,states-,hong ,kong ,policy ,act of #aiib 7a7 ,report ,title ,,ii of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egba et seq47 is amended-- 7#a7 in section #bja7;b71 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 #bjai2 and 7#b7 adding at the end the following3 #bje4 ,secretary of ,state report regarding the autonomy of ,hong ,kong 7a7 ,certification 7#a7 ,in general ,except as provided in subsection 7b71 the ,secretary of ,state1 on at least an annual basis1 and in conjunction with the report required under section #cja1 shall issue a certification to ,congress that-- 7,a7 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 #a1 #aiig2 7,b7 addresses-- 7i7 commercial agreements2 7ii7 law enforcement cooperation1 including extradition requests2 7iii7 sanctions enforcement2 7iv7 export controls1 and any other agreements and forms of exchange involving dual use1 critical1 or other sensitive technologies2 7v7 any formal treaties or agreements between the ,united ,states and ,hong ,kong2 7vi7 other areas of bilateral cooperation that the ,secretary determines to be relevant2 and 7vii7 decision-making within the ,government of ,hong ,kong1 including executive1 legislative1 and judicial structures1 including-- 7,i7 freedom of assembly2 7,,ii7 freedom of speech2 7,,iii7 freedom of expression2 and 7,,iv7 freedom of the press1 including the ,internet and social media2 7viii7 universal suffrage1 including the ultimate aim of the selection of the ,chief ,executive and all members of the ,legislative ,council by universal suffrage2 7ix7 judicial independence2 7x7 police and security functions2 7xi7 education2 7xii7 laws or regulations regarding treason1 secession1 sedition1 subversion against the ,central ,people's ,government of the ,people's ,republic of ,china1 or theft of state secrets2 7xiii7 laws or regulations regarding foreign political organizations or bodies2 7xiv7 laws or regulations regarding political organizations2 and 7xv7 other rights enumerated in the ,universal ,declaration of ,human ,rights1 done at ,paris ,december #aj1 #aidh1 and the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff2 and 7,c7 includes-- 7i7 an assessment of the degree of any erosions to ,hong ,kong's autonomy in each category listed in subparagraph 7,b7 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 ,declaration2 7ii7 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 7,b72 and 7iii7 a list of any specific actions taken by the ,united ,states ,government in response to any erosion of autonomy or failures to fulfill obligations to the ,united ,states under international agreements identified in this certification and the report required under section #cja4 7#b7 ,factor for consideration ,in making each 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 7#c7 ,additional certifications ,the certification under section 7#a7 shall be issued annually1 but the ,secretary may issue additional certifications at any time if the ,secretary determines it is warranted by circumstances in ,hong ,kong4 7b7 ,waiver authority 7#a7 ,in general ,the ,secretary of ,state may waive the application of subsection 7a7 if-- 7,a7 the ,secretary 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 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 subsection2 7#b7 ,partial waiver ,except for the list of actions described in subsection 7a77#a77;,c77iii71 the ,secretary of ,state may waive relevant parts of the application of subsection 7a7 if the ,president issues an ,executive order under section #bjb that suspends the application of any particular ,united ,states law to ,hong ,kong4 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 following3 #bjf4 ,treatment of ,hong ,kong applicants for visas to study or work in the ,united ,states 7a7 ,visa eligibility for certain ,hong ,kong students ,notwithstanding any other provision of law1 applications for visas to enter1 study1 or work in the ,united ,states1 which are submitted by otherwise qualified applicants who resided in ,hong ,kong in #bjad and later1 may not be denied primarily on the basis of the applicant's subjection to politically-motivated arrest1 detention1 or other adverse government action4 7b7 ,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 7a7 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 applications1 including-- 7#a7 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 ,china1 the ,hong ,kong ,special ,administrative ,region1 or the ,macau ,special ,administrative ,region2 7#b7 instructing the ,united ,states ,consulate in ,hong ,kong to maintain an active list of individuals who are known to have been formally charged1 detained1 or convicted by the ,government of ,hong ,kong ,special ,administrative ,region or by the ,government of the ,people's ,republic of ,china1 or intermediaries of such governments1 based on politically-motivated considerations related to their exercise of rights enumerated in the ,universal ,declaration of ,human ,rights1 done at ,paris ,december #aj1 #aidh1 or the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff1 to facilitate the cross-checking of visa applications for ,hong ,kong residents2 and 7#c7 updating any relevant ,united ,states ,government websites with information on the policy described in subsection 7a74 7c7 ,cooperation with like-minded countries ,the ,secretary of ,state shall contact appropriate representatives of other democratic countries1 particularly those who receive a large number of applicants for student and employment visas from ,hong ,kong-- 7#a7 to inform them of the ,united ,states policy regarding arrests for participation in nonviolent protests in ,hong ,kong2 and 7#b7 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 ,china4 4 #e4 ,annual report on violations of ,united ,states export control laws and ,united ,nations sanctions occurring in ,hong ,kong 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter until the date that is #g years after the date of the enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,state1 shall submit a report to the committees specified in subsection 7b7 that includes-- 7#a7 an assessment of the nature and extent of violations of ,united ,states export control and sanctions laws occurring in ,hong ,kong2 7#b7 to the extent possible1 the identification of-- 7,a7 any items that were reexported from ,hong ,kong in violation of the laws referred to in paragraph 7#a72 7,b7 the countries and persons to which the items referred to in subparagraph 7,a7 were reexported2 and 7,c7 how such items were used2 7#c7 an assessment of whether sensitive dual-use items subject to the export control laws of the ,united ,states are being-- 7,a7 transshipped through ,hong ,kong2 and 7,b7 used to develop-- 7i7 the ,sharp ,eyes1 ,skynet1 ,integrated ,joint ,operations ,platform1 or other systems of mass surveillance and predictive policing2 or 7ii7 the social credit system of the ,people's ,republic of ,china2 7#d7 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 ,states1 whether as part of the ,greater ,bay ,area plan1 through the assignment by ,beijing of ,hong ,kong as a national technology and innovation center1 or through other programs that may exploit ,hong ,kong as a conduit for controlled sensitive technology2 7#e7 an assessment of whether the ,government of ,hong ,kong has adequately enforced sanctions imposed by the ,united ,nations2 7#f7 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 international terrorism1 international narcotics trafficking1 or the proliferation of weapons of mass destruction2 or 7ii7 that otherwise present a threat to the national security1 foreign policy1 or economy of the ,united ,states2 and 7#g7 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 ,treasury1 ,department of ,commerce1 or ,department of ,state personnel to the ,united ,states ,consulate in ,hong ,kong4 7b7 ,committees specified ,the committees specified in this subsection are-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7#c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#d7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#e7 the ,committee on ,energy and ,commerce of the ,house of ,representatives 7c7 ,form of report ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #f4 ,protecting ,united ,states citizens and others from rendition to the ,people's ,republic of ,china 7a7 ,policy statements ,it is the policy of the ,united ,states-- 7#a7 to safeguard ,united ,states citizens from extradition1 rendition1 or abduction to the ,people's ,republic of ,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 ,kong1 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 evaluate1 not less frequently than annually and as circumstances1 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 ,kong4 7b7 ,response to threat of rendition ,not later than #cj 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 defendants1 the ,president shall submit a report to the appropriate congressional committees that-- 7#a7 contains a strategy for protecting ,united ,states citizens and businesses in ,hong ,kong2 7#b7 assesses the potential risks of the legislation to ,united ,states citizens residing in1 traveling to1 or transiting through ,hong ,kong2 and 7#c7 determines whether-- 7,a7 additional resources are needed for ,american ,citizen ,services at the ,united ,states ,consulate in ,hong ,kong2 and 7,b7 the ,government of ,hong ,kong is legally competent to administer the ,united ,states-,hong ,kong ,agreement for the ,surrender of ,fugitive ,offenders1 done at ,hong ,kong ,december #bj1 #aiif1 or other relevant law enforcement agreements between the ,united ,states and ,hong ,kong4 #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 submit a report to the appropriate congressional committees1 in accordance with paragraph 7#b71 that identifies each foreign person that the ,president determines1 based on credible information1 is responsible for-- 7,a7 the extrajudicial rendition1 arbitrary detention1 torture1 or forced confession of any person in ,hong ,kong2 or 7,b7 other gross violations of internationally recognized human rights in ,hong ,kong4 7#b7 ,timing of reports ,the ,president shall submit to the appropriate congressional committees-- 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 not later than #ae days after any new action is taken under subsection 7b7 based on the discovery of new credible information described in paragraph 7#a74 7#c7 ,consideration of certain information ,in preparing the report required under paragraph 7#a71 the ,president shall consider-- 7,a7 information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees2 and 7,b7 credible information obtained by other countries or reputable nongovernmental organizations that monitor violations of human rights abuses4 7#d7 ,form ,the report required under paragraph 7#a7 shall be submitted in unclassified form1 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 ,an alien described in subsection 7a77#a7 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 ,an alien 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 an alien if admitting or paroling the alien 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 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 ,exception relating to importation of goods 7#a7 ,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 goods4 7#b7 ,good defined ,in this subsection1 the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7g7 ,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 #ae days before the termination takes effect that-- 7#a7 credible information exists that the person did not engage in the activity for which sanctions were imposed2 7#b7 the person has been prosecuted appropriately for the activity for which sanctions were imposed2 7#c7 the 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 7h7 ,definitions ,in this section3 7#a7 ,admission2 admitted2 alien ,the terms admission1 admitted1 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 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 #h4 ,sanctions reports 7a7 ,in general ,in accordance with section #g1 the ,president shall submit1 to the appropriate congressional committees1 a report that includes-- 7#a7 a list of each foreign person with respect to which the ,president imposed sanctions during the year preceding the submission of the report2 7#b7 a description of the type of sanctions imposed with respect to each such person2 7#c7 the number of foreign persons with respect to which the ,president terminated sanctions under section #g during that year2 7#d7 the dates on which such sanctions were imposed or terminated1 as applicable2 7#e7 the reasons for imposing or terminating such sanctions2 and 7#f7 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 #g4 7b7 ,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 7c7 ,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 ,sense of ,congress on ,people's ,republic of ,china state-controlled media ,it is the sense of ,congress that-- 7#a7 the ,united ,states condemns the deliberate targeting and harassment of democracy activists1 diplomatic personnel of the ,united ,states and other nations1 and their families by media organizations controlled by the ,government of the ,people's ,republic of ,china1 including ,wen ,wei ,po and ,ta ,kung ,po2 7#b7 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 unacceptable2 and 7#c7 the ,secretary of ,state should take any activities described in paragraph 7#a7 or 7#b7 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 organizations4 #aj4 ,sense of ,congress on commercial exports of crowd control equipment to ,hong ,kong ,it is sense of ,congress that the ,department of ,commerce1 in conjunction with other relevant ,federal departments and agencies1 should consider appropriate adjustments to the current ,united ,states export controls with respect to ,hong ,kong to prevent the supply of crowd control and surveillance equipment that could be used inappropriately in ,hong ,kong4 ,september #bf1 #bjai,reported with an amendment