Sec. 7. Identification of persons responsible for the abduction of certain booksellers and journalists in Hong Kong and for other actions to suppress basic freedoms in Hong Kong
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Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of each person that the President determines, based on credible information— is responsible for the surveillance, abduction, detention, abuse, or forced confession of Gui Minhai, Lee Bo, Lam Wing-kee, Lui Bo, or Cheung Chi-ping, all of whom are involved in the operation of the Mighty Current Publishing House based in Hong Kong; is responsible for the surveillance, abduction, detention, abuse, or forced confession of Guo Zhongxiao or Wang Jianmin, both of whom are involved in the operation of magazine publications based in Hong Kong; or is responsible for the surveillance, abduction, detention, abuse, or forced confession of any other journalist, publisher, writer, bookseller, or other resident in Hong Kong in connection with the exercise by that individual of the right to freedom of speech, freedom of the press, freedom of assembly, freedom of association, and freedom of religion.
The President shall submit to the appropriate congressional committees an update of the list required by subsection
(a)as new information becomes available. The list required by subsection
(a)shall be submitted in unclassified form. The name of a person to be included in the list required by subsection
(a)may be submitted in a classified annex only if the President— determines that it is vital for the national security interests of the United States to do so; uses the annex in such a manner consistent with congressional intent and the purposes of this Act; and 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each person in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in paragraph (1), (2), or
(3)of subsection (a). In preparing the list required by subsection (a), the President shall consider information provided by the chairperson and ranking member of each of the appropriate congressional committees and credible data obtained by other countries and nongovernmental organizations, including organizations inside the People’s Republic of China or Hong Kong, that monitor the human rights abuses of the Government of the People’s Republic of China or its associates or agents. The unclassified portion of the list required by subsection
(a)shall be made available to the public and published in the Federal Register. A person may be removed from the list required by subsection
(a)if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the person from the list that— credible information exists that the person did not engage in the activity for which the person was added to the list; the person has been prosecuted appropriately for the activity in which the person engaged; or the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the person engaged, and has credibly committed to not engage in the types of activities specified in paragraphs
(1)through
(3)of subsection (a). Not later than 120 days after receiving a written request from the chairperson or ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria for being added to the list required by subsection (a), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. The President may submit a response required by paragraph
(1)in classified form if the President determines that it is vital for the national security interests of the United States to do so. If the President removes from the list required by subsection
(a)a person who has been placed on the list at the request of the chairperson and ranking member of one of the appropriate congressional committees, the President shall provide the chairperson and ranking member with any information that contributed to the removal decision. The President may submit such information in classified form if the President determines that it is vital for the national security interests of the United States to do so. The President shall publish the list required by 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.
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Sec. 7
Identification of persons responsible for the abduction of certain booksellers and journalists in Hong Kong and for other actions to suppress basic freedoms in Hong Kong
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