PUBL076.PS

133 STAT. 1161 PUBLIC LAW 116–76—NOV. 27, 2019

Public Law 116–76

116th Congress

An Act

To amend the Hong Kong Policy Act of 1992, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘Hong Kong

Human Rights and Democracy Act of 2019’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Statement of policy.

Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.

Sec. 5. Annual report on violations of United States export control laws and United

Nations sanctions occurring in Hong Kong.

Sec. 6. Protecting United States citizens and others from rendition to the People’s

Republic of China.

Sec. 7. Sanctions relating to undermining fundamental freedoms and autonomy in

Hong Kong.

Sec. 8. Sanctions reports.

Sec. 9. Sense of Congress on People’s Republic of China state-controlled media.

Sec. 10. Sense of Congress on commercial exports of crowd control equipment to

Hong Kong.

SEC. 2. DEFINITIONS.

In this Act:

(1) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on Foreign Relations of the Senate;

(B) the Committee on Armed Services of the Senate;

Affairs of the Senate;

(D) the Committee on Homeland Security and Govern-

mental Affairs of the Senate;

(E) the Committee on the Judiciary of the Senate;

(F) the Committee on Foreign Affairs of the House

of Representatives;

(G) the Committee on Armed Services of the House

of Representatives;

(H) the Committee on Financial Services of the House

of Representatives;

(I) the Committee on Homeland Security of the House

of Representatives; and

(J) the Committee on the Judiciary of the House of

Representatives.

(2) S

OCIAL CREDIT SYSTEM

.—The term ‘‘social credit system’’

means a system proposed by the Government of the People’s

22 USC 5701

note.

22 USC 5701

note.

Hong Kong

Human Rights

and Democracy

Act of 2019.

Nov. 27, 2019

[S. 1838]

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133 STAT. 1162 PUBLIC LAW 116–76—NOV. 27, 2019

Republic of China and scheduled for implementation by 2020,

which would—

(A) use existing financial credit systems, public records,

online activity, and other tools of surveillance to aggregate

data on every Chinese citizen and business; and

(B) use such data to monitor, shape, and rate certain

financial, social, religious, or political behaviors.

(3) U

NITED STATES PERSON

.—The term ‘‘United States per-

son’’ means—

(A) a United States citizen;

(B) a lawfully admitted permanent resident of the

United States; or

(i) the United States; or

(ii) any jurisdiction within the United States,

including a foreign branch of such an entity.

SEC. 3. STATEMENT OF POLICY.

It is the policy of the United States—

(1) to reaffirm the principles and objectives set forth in

the United States-Hong Kong Policy Act of 1992 (Public Law

102–383), namely that—

(A) the United States has ‘‘a strong interest in the

continued vitality, prosperity, and stability of Hong Kong’’;

(B) ‘‘[s]upport for democratization is a fundamental

principle of United States foreign policy’’ and therefore

‘‘naturally applies to United States policy toward Hong

Kong’’;

are of great importance to the United States and are

directly relevant to United States interests in Hong Kong

[and] serve as a basis for Hong Kong’s continued economic

prosperity’’; and

(D) Hong Kong must remain sufficiently autonomous

from the People’s Republic of China to ‘‘justify treatment

under a particular law of the United States, or any provi-

sion thereof, different from that accorded the People’s

Republic of China’’;

(2) to support the high degree of autonomy and funda-

mental rights and freedoms of the people of Hong Kong, as

enumerated by—

(A) the Joint Declaration of the Government of the

United Kingdom of Great Britain and Northern Ireland

and the Government of the People’s Republic of China

on the Question of Hong Kong, done at Beijing December

19, 1984 (referred to in this Act as the ‘‘Joint Declaration’’);

(B) the International Covenant on Civil and Political

Rights, done at New York December 19, 1966; and

at Paris December 10, 1948;

(3) to support the democratic aspirations of the people

of Hong Kong, including the ‘‘ultimate aim’’ of the selection

of the Chief Executive and all members of the Legislative

Council by universal suffrage, as articulated in the Basic Law

of the Hong Kong Special Administrative Region of the People’s

Republic of China (referred to in this Act as the ‘‘Basic Law’’);

22 USC 5701

note.

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133 STAT. 1163 PUBLIC LAW 116–76—NOV. 27, 2019

(4) to urge the Government of the People’s Republic of

China to uphold its commitments to Hong Kong, including

allowing the people of Hong Kong to govern Hong Kong with

a high degree of autonomy and without undue interference,

and ensuring that Hong Kong voters freely enjoy the right

to elect the Chief Executive and all members of the Hong

Kong Legislative Council by universal suffrage;

(5) to support the establishment of a genuine democratic

option to freely and fairly nominate and elect the Chief Execu-

tive of Hong Kong, and the establishment by 2020 of open

and direct democratic elections for all members of the Hong

Kong Legislative Council;

(6) to support the robust exercise by residents of Hong

Kong of the rights to free speech, the press, and other funda-

mental freedoms, as provided by the Basic Law, the Joint

Declaration, and the International Covenant on Civil and Polit-

ical Rights;

(7) to support freedom from arbitrary or unlawful arrest,

detention, or imprisonment for all Hong Kong residents, as

provided by the Basic Law, the Joint Declaration, and the

International Covenant on Civil and Political Rights;

(8) to draw international attention to any violations by

the Government of the People’s Republic of China of the funda-

mental rights of the people of Hong Kong, as provided by

the International Covenant on Civil and Political Rights, and

any encroachment upon the autonomy guaranteed to Hong

Kong by the Basic Law and the Joint Declaration;

(9) to protect United States citizens and long-term perma-

nent residents living in Hong Kong, as well as people visiting

and transiting through Hong Kong;

(10) to maintain the economic and cultural ties that provide

significant benefits to both the United States and Hong Kong;

and

(11) to coordinate with allies, including the United

Kingdom, Australia, Canada, Japan, and the Republic of Korea,

to promote democracy and human rights in Hong Kong.

SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY

ACT OF 1992.

(a) R

EPORT

.—Title II of the United States-Hong Kong Policy

Act of 1992 (22 U.S.C. 5721 et seq.) is amended—

(1) in section 201(b), by striking ‘‘such date’’ each place

such term appears and inserting ‘‘the date of the enactment

of the Hong Kong Human Rights and Democracy Act of 2019’’;

and

(2) adding at the end the following:

‘‘SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY

OF HONG KONG.

‘‘(a) C

ERTIFICATION

.—

‘‘(1) I

N GENERAL

.—Except as provided in subsection (b),

the Secretary of State, on at least an annual basis, and in

conjunction with the report required under section 301, shall

issue a certification to Congress that—

‘‘(A) indicates whether Hong Kong continues to warrant

treatment under United States law in the same manner

as United States laws were applied to Hong Kong before

July 1, 1997;

22 USC 5725.

22 USC 5721.

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133 STAT. 1164 PUBLIC LAW 116–76—NOV. 27, 2019

‘‘(B) addresses—

‘‘(i) commercial agreements;

‘‘(ii) law enforcement cooperation, including extra-

dition requests;

‘‘(iii) sanctions enforcement;

‘‘(iv) export controls, and any other agreements

and forms of exchange involving dual use, critical,

or other sensitive technologies;

‘‘(v) any formal treaties or agreements between

the United States and Hong Kong;

‘‘(vi) other areas of bilateral cooperation that the

Secretary determines to be relevant; and

‘‘(vii) decision-making within the Government of

Hong Kong, including executive, legislative, and

judicial structures, including—

‘‘(I) freedom of assembly;

‘‘(II) freedom of speech;

‘‘(III) freedom of expression; and

‘‘(IV) freedom of the press, including the Inter-

net and social media;

‘‘(viii) universal suffrage, including the ultimate

aim of the selection of the Chief Executive and all

members of the Legislative Council by universal suf-

frage;

‘‘(ix) judicial independence;

‘‘(x) police and security functions;

‘‘(xi) education;

‘‘(xii) laws or regulations regarding treason, seces-

sion, sedition, subversion against the Central People’s

Government of the People’s Republic of China, or theft

of state secrets;

‘‘(xiii) laws or regulations regarding foreign polit-

ical organizations or bodies;

‘‘(xiv) laws or regulations regarding political

organizations; and

‘‘(xv) other rights enumerated in the Universal

Declaration of Human Rights, done at Paris December

10, 1948, and the International Covenant on Civil and

Political Rights, done at New York December 19, 1966;

and

‘‘(C) includes—

‘‘(i) an assessment of the degree of any erosions

to Hong Kong’s autonomy in each category listed in

subparagraph (B) resulting from actions by the Govern-

ment of the People’s Republic of China that are incon-

sistent with its commitments under the Basic Law

or the Joint Declaration;

‘‘(ii) an evaluation of the specific impacts to any

areas of cooperation between the United States and

Hong Kong resulting from erosions of autonomy in

Hong Kong or failures of the Government of Hong

Kong to fulfill obligations to the United States under

international agreements within the categories listed

in subparagraph (B); and

‘‘(iii) 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

Lists.

Evaluation.

Assessment.

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133 STAT. 1165 PUBLIC LAW 116–76—NOV. 27, 2019

United States under international agreements identi-

fied in this certification and the report required under

section 301.

‘‘(2) F

ACTOR FOR CONSIDERATION

.—In making each certifi-

cation under paragraph (1), the Secretary of State should con-

sider the terms, obligations, and expectations expressed in the

Joint Declaration with respect to Hong Kong.

‘‘(3) A

DDITIONAL CERTIFICATIONS

.—The certification under

section (1) shall be issued annually, but the Secretary may

issue additional certifications at any time if the Secretary deter-

mines it is warranted by circumstances in Hong Kong.

‘‘(b) W

AIVER

UTHORITY

.—

‘‘(1) I

N GENERAL

.—The Secretary of State may waive the

application of subsection (a) if—

‘‘(A) the Secretary determines that such a waiver is

in the national security interests of the United States;

and

‘‘(B) on or before the date on which the waiver takes

effect, the Secretary notifies the Committee on Foreign

Relations of the Senate and the Committee on Foreign

Affairs of the House of Representatives of the intent to

waive such subsection;

‘‘(2) P

ARTIAL WAIVER

.—Except for the list of actions

described in subsection (a)(1)(C)(iii), the Secretary of State may

waive relevant parts of the application of subsection (a) if

the President issues an Executive order under section 202

that suspends the application of any particular United States

law to Hong Kong.’’.

(b) V

ISA

PPLICANTS

.—Title II of the United States-Hong Kong

Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by sub-

section (a), is further amended by adding at the end the following:

‘‘SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO

STUDY OR WORK IN THE UNITED STATES.

‘‘(a) V

ISA

LIGIBILITY FOR

ERTAIN

ONG

TUDENTS

.—

Notwithstanding any other provision of law, applications for visas

to enter, study, or work in the United States, which are submitted

by otherwise qualified applicants who resided in Hong Kong in

2014 and later, may not be denied primarily on the basis of the

applicant’s subjection to politically-motivated arrest, detention, or

other adverse government action.

‘‘(b) I

MPLEMENTATION

.—The Secretary of State shall take such

steps as may be necessary to ensure that consular officers are

aware of the policy described in subsection (a) and receive appro-

priate training and support to ensure that the policy is carried

out so that affected individuals do not face discrimination or

unnecessary delay in the processing of their visa applications,

including—

‘‘(1) providing specialized training for all consular officers

posted to the United States Embassy in Beijing or to any

United States consulate in the People’s Republic of China,

the Hong Kong Special Administrative Region, or the Macau

Special Administrative Region;

‘‘(2) instructing the United States Consulate in Hong Kong

to maintain an active list of individuals who are known to

have been formally charged, detained, or convicted by the

Government of Hong Kong Special Administrative Region or

Lists.

Time period.

22 USC 5726.

President.

Notification.

Determination.

Time period.

Determination.

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133 STAT. 1166 PUBLIC LAW 116–76—NOV. 27, 2019

by the Government of the People’s Republic of China, or inter-

mediaries of such governments, based on politically-motivated

considerations related to their exercise of rights enumerated

in the Universal Declaration of Human Rights, done at Paris

December 10, 1948, or the International Covenant on Civil

and Political Rights, done at New York December 19, 1966,

to facilitate the cross-checking of visa applications for Hong

Kong residents; and

‘‘(3) updating any relevant United States Government

websites with information on the policy described in subsection

(a).

‘‘(c) C

OOPERATION

ITH

IKE

MINDED

OUNTRIES

.—The Sec-

retary of State shall contact appropriate representatives of other

democratic countries, particularly those who receive a large number

of applicants for student and employment visas from Hong Kong—

‘‘(1) to inform them of the United States policy regarding

arrests for participation in nonviolent protests in Hong Kong;

and

‘‘(2) to encourage them to take similar steps to ensure

the rights of nonviolent protesters are protected from discrimi-

nation due to the actions of the Government of Hong Kong

and of the Government of the People’s Republic of China.’’.

SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT

CONTROL LAWS AND UNITED NATIONS SANCTIONS OCCUR-

RING IN HONG KONG.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, and annually thereafter until the date

that is 7 years after the date of the enactment of this Act, the

Secretary of Commerce, in consultation with the Secretary of the

Treasury and the Secretary of State, shall submit a report to

the committees specified in subsection (b) that includes—

(1) an assessment of the nature and extent of violations

of United States export control and sanctions laws occurring

in Hong Kong;

(2) to the extent possible, the identification of—

(A) any items that were reexported from Hong Kong

in violation of the laws referred to in paragraph (1);

(B) the countries and persons to which the items

referred to in subparagraph (A) were reexported; and

(3) an assessment of whether sensitive dual-use items sub-

ject to the export control laws of the United States are being—

(A) transshipped through Hong Kong; and

(B) used to develop—

(i) the Sharp Eyes, Skynet, Integrated Joint Oper-

ations Platform, or other systems of mass surveillance

and predictive policing; or

(ii) the ‘‘social credit system’’ of the People’s

Republic of China;

(4) an assessment of the efforts by the Government of

the People’s Republic of China to use the status of Hong Kong

as a separate customs territory to import items into the People’s

Republic of China from Hong Kong in violation of the export

control laws of the United States, whether as part of the

Greater Bay Area plan, through the assignment by Beijing

of Hong Kong as a national technology and innovation center,

Time period.

Consultation.

Assessments.

22 USC 5701

note.

Websites.

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133 STAT. 1167 PUBLIC LAW 116–76—NOV. 27, 2019

or through other programs that may exploit Hong Kong as

a conduit for controlled sensitive technology;

(5) an assessment of whether the Government of Hong

Kong has adequately enforced sanctions imposed by the United

Nations;

(6) a description of the types of goods and services trans-

shipped or reexported through Hong Kong in violation of such

sanctions to—

(A) North Korea or Iran; or

(B) other countries, regimes, or persons subject to such

sanctions for engaging in activities—

(i) relating to international terrorism, international

narcotics trafficking, or the proliferation of weapons

of mass destruction; or

(ii) that otherwise present a threat to the national

security, foreign policy, or economy of the United

States; and

(7) an assessment of whether shortcomings in the enforce-

ment of export controls or sanctions by the Government of

Hong Kong necessitates the assignment of additional Depart-

ment of the Treasury, Department of Commerce, or Department

of State personnel to the United States Consulate in Hong

Kong.

(b) C

OMMITTEES

PECIFIED

.—The committees specified in this

subsection are—

(1) the Committee on Foreign Relations of the Senate;

(2) the Committee on Banking, Housing, and Urban Affairs

of the Senate;

(3) the Committee on Commerce, Science, and Transpor-

tation of the Senate;

(4) the Committee on Foreign Affairs of the House of Rep-

resentatives; and

(5) the Committee on Energy and Commerce of the House

of Representatives.

ORM OF

EPORT

.—The report required under subsection

(a) shall be submitted in unclassified form, but may include a

classified annex.

SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM

RENDITION TO THE PEOPLE’S REPUBLIC OF CHINA.

(a) P

OLICY

TATEMENTS

.—It is the policy of the United States—

(1) to safeguard United States citizens from extradition,

rendition, or abduction to the People’s Republic of China from

Hong Kong for trial, detention, or any other purpose;

(2) to safeguard United States businesses in Hong Kong

from economic coercion and intellectual property theft;

(3) pursuant to section 103(7) of the United States-Hong

Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage

United States businesses ‘‘to continue to operate in Hong Kong,

in accordance with applicable United States and Hong Kong

law’’; and

(4) pursuant to section 201(b) of such Act (22 U.S.C.

5721(b)), to evaluate, not less frequently than annually and

as circumstances, dictate whether the Government of Hong

Kong is ‘‘legally competent to carry out its obligations’’ under

treaties and international agreements established between the

United States and Hong Kong.

22 USC 5701

note.

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133 STAT. 1168 PUBLIC LAW 116–76—NOV. 27, 2019

(b) R

ESPONSE TO

HREAT OF

ENDITION

.—Not later than 30

days after the President determines that legislation proposed or

enacted by the Government of Hong Kong would put United States

citizens at risk of extradition or rendition to the People’s Republic

of China or to other countries that lack protections for the rights

of defendants, the President shall submit a report to the appropriate

congressional committees that—

(1) contains a strategy for protecting United States citizens

and businesses in Hong Kong;

(2) assesses the potential risks of the legislation to United

States citizens residing in, traveling to, or transiting through

Hong Kong; and

(3) determines whether—

(A) additional resources are needed for American Cit-

izen Services at the United States Consulate in Hong Kong;

and

(B) the Government of Hong Kong is ‘‘legally com-

petent’’ to administer the United States-Hong Kong Agree-

ment for the Surrender of Fugitive Offenders, done at

Hong Kong December 20, 1996, or other relevant law

enforcement agreements between the United States and

Hong Kong.

SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL

FREEDOMS AND AUTONOMY IN HONG KONG.

(a) I

DENTIFICATION OF

ERSONS

ESPONSIBLE FOR

NDER

MINING

UNDAMENTAL

REEDOMS AND

UTONOMY IN

ONG

.—

(1) I

N GENERAL

.—The President shall submit a report to

the appropriate congressional committees, in accordance with

paragraph (2), that identifies each foreign person that the Presi-

dent determines is responsible for—

(A) the extrajudicial rendition, arbitrary detention, or

torture of any person in Hong Kong; or

(B) other gross violations of internationally recognized

human rights in Hong Kong.

(2) T

IMING OF REPORTS

.—The President shall submit to

the appropriate congressional committees—

(A) the report required under paragraph (1)—

(i) not later than 180 days after the date of the

enactment of this Act; and

(ii) not less frequently than annually thereafter

in conjunction with the publication of the report

required under section 301 of the United States-Hong

Kong Policy Act of 1992 (22 U.S.C. 5731); and

(B) an update to the report not later than 15 days

after any new action is taken under subsection (b) based

on the discovery of new information described in paragraph

(1).

(3) C

ONSIDERATION OF CERTAIN INFORMATION

.—In pre-

paring the report required under paragraph (1), the President

shall consider—

(A) information provided jointly by the chairperson

and ranking member of each of the appropriate congres-

sional committees; and

(B) information obtained by other countries or rep-

utable nongovernmental organizations that monitor viola-

tions of human rights abuses.

Time period.

Reports.

Determination.

President.

22 USC 5701

note.

Determination.

Assessment.

Strategy.

President.

Determination.

Reports.

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133 STAT. 1169 PUBLIC LAW 116–76—NOV. 27, 2019

(4) F

ORM

.—The report required under paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

(b) I

MPOSITION OF

ANCTIONS

.—The President shall impose the

sanctions described in subsection (c) with respect to each foreign

person identified in the report required under subsection (a)(1).

ANCTIONS

ESCRIBED

.—The sanctions described in this sub-

section are the following:

(1) A

SSET BLOCKING

.—The President shall exercise all of

the powers granted to the President under the International

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to

the extent necessary to block and prohibit all transactions

in property and interests in property of a foreign person identi-

fied in the report required under subsection (a)(1) if such prop-

erty and interests in property are in the United States, come

within the United States, or come within the possession or

control of a United States person.

(2) I

NELIGIBILITY FOR VISAS

ADMISSION

OR PAROLE

.—

(A) V

ISAS

ADMISSION

OR PAROLE

.—An alien described

in subsection (a)(1) is—

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documenta-

tion to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled

into the United States or to receive any other benefit

under the Immigration and Nationality Act (8 U.S.C.

1101 et seq.).

(B) C

URRENT VISAS REVOKED

.—

(i) I

N GENERAL

.—An alien described in subsection

(a)(1) is subject to revocation of any visa or other

entry documentation regardless of when the visa or

other entry documentation is or was issued.

(ii) I

MMEDIATE EFFECT

.—A revocation under clause

(i) shall—

(I) take effect immediately; and

(II) automatically cancel any other valid visa

or entry documentation that is in the alien’s

possession.

(3) P

ENALTIES

.—The penalties provided for in subsections

(b) and (c) of section 206 of the International Emergency Eco-

nomic Powers Act (50 U.S.C. 1705) shall apply to a foreign

person that violates, attempts to violate, conspires to violate,

or causes a violation of paragraph (1) to the same extent

that such penalties apply to a person that commits an unlawful

act described in subsection (a) of such section 206.

(d) I

MPLEMENTATION

.—The President may exercise all authori-

ties provided under sections 203 and 205 of the International Emer-

gency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry

out this section.

(e) W

AIVER

.—The President may waive the application of sanc-

tions under this section with respect to a person identified in

the report required under subsection (a)(1) if the President deter-

mines and certifies to the appropriate congressional committees

that such a waiver is in the national interest of the United States.

(f) E

XCEPTIONS

.—

(1) E

XCEPTION FOR INTELLIGENCE ACTIVITIES

.—Sanctions

under this section shall not apply to any activity subject to

Determination.

Certification.

Applicability.

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133 STAT. 1170 PUBLIC LAW 116–76—NOV. 27, 2019

the reporting requirements under title V of the National Secu-

rity Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized

intelligence activities of the United States.

(2) E

XCEPTION TO COMPLY WITH INTERNATIONAL OBLIGA

TIONS AND FOR LAW ENFORCEMENT ACTIVITIES

.—Sanctions under

subsection (c)(2) shall not apply with respect to an alien if

admitting or paroling the alien into the United States is nec-

essary—

(A) to permit the United States to comply with the

Agreement regarding the Headquarters of the United

Nations, signed at Lake Success June 26, 1947, and entered

into force November 21, 1947, between the United Nations

and the United States, or other applicable international

obligations; or

(B) to carry out or assist law enforcement activity

in the United States.

(3) E

XCEPTION RELATING TO IMPORTATION OF GOODS

.—

(A) I

N GENERAL

.—The authorities and requirements

to impose sanctions authorized under this section shall

not include the authority or a requirement to impose sanc-

tions on the importation of goods.

(B) G

OOD DEFINED

.—In this paragraph, the term ‘‘good’’

means any article, natural or manmade substance, mate-

rial, supply, or manufactured product, including inspection

and test equipment, and excluding technical data.

(g) T

ERMINATION OF

ANCTIONS

.—The President may terminate

the application of sanctions under this section with respect to

a person if the President determines and reports to the appropriate

congressional committees not less than 15 days before the termi-

nation takes effect that—

(1) information exists that the person did not engage in

the activity for which sanctions were imposed;

(2) the person has been prosecuted appropriately for the

activity for which sanctions were imposed;

(3) the person has credibly demonstrated a significant

change in behavior, has paid an appropriate consequence for

the activity for which sanctions were imposed, and has credibly

committed to not engage in an activity described in subsection

(a)(1) in the future; or

(4) the termination of the sanctions is in the national

security interests of the United States.

(h) S

UNSET

.—This section, and any sanctions imposed under

this section, shall terminate on the date that is 5 years after

the date of the enactment of this Act.

(i) D

EFINITIONS

.—In this section:

(1) A

DMISSION

;

ADMITTED

;

ALIEN

.—The terms ‘‘admission’’,

‘‘admitted’’, and ‘‘alien’’ have the meanings given those terms

in section 101 of the Immigration and Nationality Act (8 U.S.C.

1101).

(2) F

OREIGN PERSON

.—The term ‘‘foreign person’’ means

a person that is not a United States person.

SEC. 8. SANCTIONS REPORTS.

(a) I

ENERAL

.—In accordance with section 7, the President

shall submit, to the appropriate congressional committees, a report

that includes—

President.

22 USC 5701

note.

Determination.

Reports.

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133 STAT. 1171 PUBLIC LAW 116–76—NOV. 27, 2019

(1) a list of each foreign person with respect to which

the President imposed sanctions during the year preceding

the submission of the report;

(2) a description of the type of sanctions imposed with

respect to each such person;

(3) the number of foreign persons with respect to which

the President terminated sanctions under section 7 during that

year;

(4) the dates on which such sanctions were imposed or

terminated, as applicable;

(5) the reasons for imposing or terminating such sanctions;

and

(6) a description of the efforts of the President to encourage

the governments of other countries to impose sanctions that

are similar to the sanctions authorized under section 7.

(b) N

ONAPPLICABILITY OF

ONFIDENTIALITY

EQUIREMENT

ITH

ESPECT TO

ISA

ECORDS

.—The President shall publish the report

required under subsection (a) without regard to the requirements

of section 222(f) of the Immigration and Nationality Act (8 U.S.C.

1202(f)) with respect to confidentiality of records pertaining to the

issuance or refusal of visas or permits to enter the United States.

SEC. 9. SENSE OF CONGRESS ON PEOPLE’S REPUBLIC OF CHINA

STATE-CONTROLLED MEDIA.

It is the sense of Congress that—

(1) the United States condemns the deliberate targeting

and harassment of democracy activists, diplomatic personnel

of the United States and other nations, and their families

by media organizations controlled by the Government of the

People’s Republic of China, including Wen Wei Po and Ta

Kung Po;

(2) the Secretary of State should clearly inform the Govern-

ment of the People’s Republic of China that the use of media

outlets to spread disinformation or to intimidate and threaten

its perceived enemies in Hong Kong or in other countries is

unacceptable; and

(3) the Secretary of State should take any activities

described in paragraph (1) or (2) into consideration when

granting visas for travel and work in the United States to

journalists from the People’s Republic of China who are affili-

ated with any such media organizations.

SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD

CONTROL EQUIPMENT TO HONG KONG.

It is sense of Congress that the Department of Commerce,

in conjunction with other relevant Federal departments and agen-

cies, should consider appropriate adjustments to the current United

States export controls with respect to Hong Kong to prevent the

Publication.

Lists.

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133 STAT. 1172 PUBLIC LAW 116–76—NOV. 27, 2019

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

CONGRESSIONAL RECORD, Vol. 165 (2019):

Nov. 19, considered and passed Senate.

Nov. 20, considered and passed House.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):

Nov. 27, Presidential statement.

supply of crowd control and surveillance equipment that could

be used inappropriately in Hong Kong.

Approved November 27, 2019.

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