[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4659 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4659

To promote free and fair elections, democracy, political freedoms, and 
           human rights in Cambodia, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2023

 Mr. Smith of New Jersey (for himself and Mrs. Trahan) introduced the 
following bill; which was referred to the Committee on Foreign Affairs, 
 and in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To promote free and fair elections, democracy, political freedoms, and 
           human rights in Cambodia, 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.

    This Act may be cited as the ``Cambodia Democracy and Human Rights 
Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On October 23, 1991, Cambodia and 18 other countries 
        signed the Comprehensive Cambodian Peace Agreement (commonly 
        referred to as the ``Paris Peace Agreements''), which committed 
        Cambodia to a democratic system of governance protected by a 
        constitution and free and fair elections and stated that the 
        people of Cambodia ``shall enjoy the rights and freedoms 
        embodied in the Universal Declaration of Human Rights and other 
        relevant international human rights instruments''.
            (2) Prime Minister Hun Sen has been in power in Cambodia 
        since 1985 and is the longest-serving leader in Southeast Asia. 
        Despite decades of international attention and assistance to 
        promote a pluralistic, multi-party democratic system in 
        Cambodia, the Government of Cambodia continues to be 
        undemocratically dominated by the ruling Cambodian People's 
        Party.
            (3) In 2015, the Cambodian People's Party-controlled 
        National Assembly adopted the Law on Associations and Non-
        Governmental Organizations, which gave the Government of 
        Cambodia sweeping powers to revoke the registration of 
        nongovernmental organizations in the name of ``national 
        unity'', and which the government has used to restrict the 
        legitimate work of civil society.
            (4) On August 23, 2017, Cambodia's Ministry of Foreign 
        Affairs ordered the closure of the National Democratic 
        Institute office in Cambodia and the expulsion of its foreign 
        staff. On September 15, 2017, Prime Minister Hun Sen called for 
        the withdrawal of all volunteers from the United States Peace 
        Corps, which has operated in Cambodia since 2006 with 
        approximately 500 United States volunteers providing English 
        language and healthcare training.
            (5) The Government of Cambodia has taken several measures 
        to restrict its media environment, especially through 
        politicized tax investigations against independent media 
        outlets that resulted in the closure of The Cambodia Daily and 
        Radio Free Asia in early September 2017. Additionally, the 
        Government of Cambodia ordered several radio stations to stop 
        the broadcasting of Radio Free Asia and Voice of America 
        programming.
            (6) Cambodia's small number of independent trade unions and 
        workers have the right to strike, but many face retribution for 
        doing so, according to Freedom House.
            (7) Each of the 6 elections that have taken place in 
        Cambodia since 1991 was conducted in circumstances that were 
        not free and fair, and were marked, to varying degrees, by 
        fraud, intimidation, violence, and the misuse by the Government 
        of Cambodia of legal mechanisms to weaken opposition candidates 
        and parties. The 2017 local elections were marked by fewer 
        reported irregularities, however, which helped the opposition 
        Cambodia National Rescue Party (in this section referred to as 
        the ``CNRP''). Hun Sen responded to those improvements in 
        elections, resulting in part from international assistance and 
        observers, by banning the CNRP, the primary opposition party, 
        which was growing in popularity, on November 16, 2017.
            (8) On September 3, 2017, Kem Sokha, the President of the 
        CNRP, was arrested on politically motivated charges, including 
        treason and conspiring to overthrow the Government of Cambodia. 
        While he was released on bail, he has been tried in a Cambodian 
        court and is facing a 27-year sentence.
            (9) In the most recent general election in July 2018, 
        following the dissolution of the CNRP, the Cambodian People's 
        Party secured every parliamentary seat, an electoral victory 
        that the White House Press Secretary stated was ``neither free 
        nor fair and failed to represent the will of the Cambodian 
        people''.
            (10) In the 2022 local elections, the Candlelight Party, 
        founded in 1995 as the Khmer Nation Party and renamed the Sam 
        Rainsy Party in 1997, won 22 percent of seats. The United 
        Nations Human Rights Office reported pre-election threats, 
        intimidation, and obstruction, including the imprisonment of 
        some candidates. In February 2023, the government charged 
        several Candlelight Party leaders with defamation and writing 
        bad checks, which some analysts view as politically motivated 
        in advance of the 2023 national elections.
            (11) The widespread crackdown by the Government of Cambodia 
        on the political opposition and other independent voices has 
        caused many CNRP leaders to flee abroad.
            (12) Since 2021, Cambodian courts have convicted more than 
        115 former CNRP politicians and opposition activists, including 
        Sam Rainsy (in absentia) and Cambodian-American lawyer Theary 
        Seng (jailed in Cambodia), of crimes against the state. Other 
        convicted opposition figures living in exile include Rainsy's 
        wife, Tioulong Saumura, Mu Sochua, Eng Chhay Eang, Men 
        Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth Romduol.
            (13) According to Freedom House, Hun Sen uses the police 
        and armed forces as instruments of repression. The military has 
        stood firmly behind Hun Sen and his crackdown on opposition 
        groups and Hun Sen has built a personal bodyguard unit in the 
        armed forces that he reportedly uses to harass and abuse 
        Cambodian People's Party opponents.
            (14) Beginning in December 2021, the Government of Cambodia 
        has restricted the labor rights of workers protesting working 
        conditions and illegal dismissals at the NagaWorld Casino, 
        including using the COVID-19 pandemic as an excuse to limit the 
        ability of workers to protest. In February 2022, officials of 
        the Government of Cambodia arrested 6 workers of the casino 
        after leaving a COVID-19 testing center, claiming that they had 
        obstructed testing.
            (15) In 2019, the Wall Street Journal reported that 
        Cambodia had signed a deal with the Government of the People's 
        Republic of China to allow that Government access to and use of 
        the Ream Naval Base on the Gulf of Thailand, even though the 
        Constitution of Cambodia prohibits the establishment of foreign 
        military bases.
            (16) In 2019, the New York Times reported that a company 
        described by the Department of the Treasury as being a state-
        owned company of the People's Republic of China had secured a 
        99-year lease to build an airport capable of supporting 
        military aircraft at Dara Sakor, raising concerns that Beijing 
        intends to use this facility for its military, despite the 
        prohibition against the establishment of foreign military bases 
        contained in the Constitution of Cambodia.
            (17) In section 401 of the Asia Reassurance Initiative Act 
        of 2018 (Public Law 115-409; 132 Stat. 5407), Congress 
        expressed serious concerns with the rule of law and civil 
        liberties in Cambodia and made the finding that the promotion 
        of human rights and respect for democratic values in the Indo-
        Pacific region is in the United States national security 
        interest.
            (18) The 2022 Country Reports on Human Rights Practices of 
        the Department of State stated, of Cambodia, ``Corruption was 
        endemic throughout society and government. There were reports 
        police, prosecutors, investigating judges, and presiding judges 
        took bribes from owners of both legal and illegal businesses . 
        . . Citizens frequently and publicly complained about 
        corruption. Meager salaries contributed to `survival 
        corruption' among low-level public servants, while a culture of 
        impunity enabled corruption to flourish among senior 
        officials.''.
            (19) Cambodia currently occupies a Tier 3 ranking on the 
        Department of State's Annual Trafficking in Persons Report, 
        indicating that Cambodia does not meet the minimum standards 
        for preventing trafficking in persons and is not making 
        significant efforts to do so. Human trafficking is rampant 
        across a number of industries in Cambodia and is often linked 
        to Chinese-organized crime networks. For many years, members of 
        the ruling elite, including personal family members and 
        advisors of the Prime Minister, have been individually linked 
        to businesses implicated in trafficking in persons into 
        Cambodia. Many of the trafficked persons are forced to work in 
        scamming operations that target United States citizens.
            (20) Section 7043(b) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2023 
        (division K of Public Law 117-328) restricts assistance to the 
        Government of Cambodia until ``the Secretary of State certifies 
        and reports to the Committees on Appropriations that such 
        Government is taking effective steps to--
                            ``(i) strengthen regional security and 
                        stability, particularly regarding territorial 
                        disputes in the South China Sea and the 
                        enforcement of international sanctions with 
                        respect to North Korea;
                            ``(ii) assert its sovereignty against 
                        interference by the People's Republic of China, 
                        including by verifiably maintaining the 
                        neutrality of Ream Naval Base, other military 
                        installations in Cambodia, and dual use 
                        facilities such as the runway at the Dara Sakor 
                        development project;
                            ``(iii) cease violence, threats, and 
                        harassment against civil society and the 
                        political opposition in Cambodia, and dismiss 
                        any politically motivated criminal charges 
                        against critics of the government; and
                            ``(iv) respect the rights, freedoms, and 
                        responsibilities enshrined in the Constitution 
                        of the Kingdom of Cambodia as enacted in 
                        1993.''.
            (21) Section 201(f) of the Asia Reassurance Initiative Act 
        of 2018 (Public Law 115-409; 132 Stat. 5392) restricts 
        assistance to Cambodia until the Government of Cambodia takes 
        effective steps to--
                    (A) strengthen regional security and stability, 
                particularly regarding territorial disputes in the 
                South China Sea and the enforcement of international 
                sanctions with respect to North Korea; and
                    (B) respect the rights and responsibilities 
                enshrined in the Constitution of the Kingdom of 
                Cambodia as enacted in 1993, including through the--
                            (i) restoration of the civil and political 
                        rights of the opposition Cambodia National 
                        Rescue Party, media, and civil society 
                        organizations;
                            (ii) restoration of all elected officials 
                        to their elected offices; and
                            (iii) release of all political prisoners, 
                        including journalists, civil society activists, 
                        and members of the opposition political party.
            (22) On December 9, 2019, the Department of the Treasury 
        imposed sanctions under the Global Magnitsky Human Rights 
        Accountability Act (22 U.S.C. 10101 et seq.) with respect to 
        certain corrupt Cambodian actors and their networks.
            (23) In February 2020, the European Union, Cambodia's 
        largest export market, partially suspended trade preferences 
        for Cambodia under its ``Everything but Arms'' trade program, 
        in response to Cambodia's violations of civil and political 
        rights.
            (24) In 2021, the Joint Vietnamese Friendship building, a 
        facility built by the Government of Vietnam, was relocated off 
        the Ream Naval Base, reportedly to avert conflicts with 
        military personnel of the People's Republic of China.
            (25) On June 8, 2022, in the groundbreaking ceremony for 
        constructing new facilities of the Ream Naval Base, which, 
        according to the Washington Post, would allow the People's 
        Liberation Army to have ``exclusive use of the northern portion 
        of the base'', the Ambassador of the People's Republic of China 
        to Cambodia, Wang Wentian, declared that the base would be a 
        monument to ``the ironclad friendship and cooperation between 
        the two militaries'' of the People's Republic of China and 
        Cambodia.
            (26) In June 2018, the United States imposed sanctions with 
        respect to Hun Sen's chief bodyguard, Hing Bun Hieng, for 
        ``being the leader of an entity involved in serious human 
        rights abuse'', according to the Department of the Treasury. In 
        March 2020, a French court issued arrest warrants for Hing Bun 
        Hieng and Huy Piseth, the former deputy chief of Hun Sen's 
        bodyguard unit, for taking part in a grenade attack against the 
        opposition party in 1997.
            (27) In 2015, 2 CNRP lawmakers were viciously attacked 
        while they were leaving the National Assembly. Three men were 
        arrested and tried for the attack. All 3 men are members of Hun 
        Sen's personal bodyguard unit.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States is committed to promoting democracy, 
        human rights, and the rule of law in Cambodia, as laid out in 
        the 1991 Paris Peace Agreements;
            (2) the United States Government, through diplomacy and 
        assistance, should urge the Government of Cambodia to--
                    (A) release all political prisoners;
                    (B) drop all politically motivated charges and 
                vacate convictions against members of the Cambodia 
                National Rescue Party, journalists, and civil society 
                activists;
                    (C) restore full political rights to the Cambodia 
                National Rescue Party and other political parties;
                    (D) reverse the policies and actions that have 
                resulted in the dismantling of democracy, the blatant 
                disregard of fundamental human rights, and the 
                breakdown of rule of law in Cambodia;
                    (E) immediately discontinue the imprisonment and 
                judicial harassment of journalists, political 
                dissidents, and activists, drop politically motivated 
                charges, and unconditionally release all political 
                prisoners;
                    (F) stop arrests and intimidation of civil society 
                members, including human rights activists, 
                environmental defenders, and labor leaders, and promote 
                a flourishing civil society that supports the political 
                and economic development of Cambodia;
                    (G) halt the threat of mass arrests and violence if 
                and when Cambodia National Rescue Party members 
                currently overseas return to Cambodia;
                    (H) reinstate the political status of the Cambodia 
                National Rescue Party and other opposition parties, 
                restore the Cambodia National Rescue Party's elected 
                seats in the National Assembly, and support electoral 
                reform efforts in Cambodia with free and fair elections 
                monitored by international observers;
                    (I) ensure that media outlets are able to operate 
                freely and without interference, including having the 
                ability to apply for and receive licenses to operate 
                within Cambodia;
                    (J) consider how allowing the People's Liberation 
                Army to conduct activities, gain access, or establish a 
                presence in Cambodia would harm Cambodia's 
                relationships with its neighbors, partners, and allies, 
                and could violate the Constitution of Cambodia; and
                    (K) cease providing support to authoritarian 
                regimes and undermining democratic activists in the 
                region, especially through its ties to the Burmese 
                military that seized power in a coup d'etat on February 
                1, 2021, and instead play a constructive role in 
                multilateral organizations like the Association of 
                Southeast Asian Nations to promote peace and democracy 
                in the region;
            (3) Prime Minister Hun Sen is directly responsible, and 
        should be held accountable, for the safety, health, and welfare 
        of exiled Cambodia National Rescue Party leaders and their 
        supporters upon their return to Cambodia;
            (4) other governments throughout the Indo-Pacific region 
        should--
                    (A) urge the Government of Cambodia to allow the 
                peaceful return of exiled Cambodia National Rescue 
                Party leaders and their supporters;
                    (B) refrain from illegally restricting the rights 
                of Cambodia National Rescue Party members to travel to 
                and through their countries as they return; and
                    (C) press the Government of Cambodia not to allow 
                the People's Liberation Army to use Cambodia's military 
                facilities or establish a presence within Cambodia;
            (5) in the absence of systemic democratic reforms on the 
        part of the Government of Cambodia, there is need for 
        additional measures by the United States Government, including 
        through the enactment of legislation and executive action; and
            (6) the presence of the People's Liberation Army will 
        further enable Prime Minister Hun Sen's authoritarian 
        crackdown, including oppression of opposition parties, 
        independent civil society, and free media in Cambodia.

SEC. 4. SANCTIONS RELATING TO SUPPRESSING DEMOCRATIC INSTITUTIONS, 
              POLITICAL FREEDOMS, AND HUMAN RIGHTS IN CAMBODIA.

    (a) Identification of Persons Responsible for Suppressing 
Democratic Institutions, Political Freedoms, and Human Rights in 
Cambodia.--
            (1) In general.--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--
                    (A) any current or former official of the 
                Government of Cambodia or the military or security 
                forces of Cambodia, or any other foreign person, that 
                the President determines knowingly--
                            (i) directly and substantially prevents 
                        members of opposition parties and groups, the 
                        media, and civil society organizations from 
                        exercising their civil and political rights;
                            (ii) engages in or is responsible for any 
                        acts for which sanctions may be imposed under 
                        the Global Magnitsky Human Rights 
                        Accountability Act (22 U.S.C. 10101 et seq.); 
                        or
                            (iii) engages in or supports the 
                        establishment of installations or facilities 
                        that could be used by the People's Liberation 
                        Army or entities tied to the People's 
                        Liberation Army in Cambodia, which could 
                        include persons identified under paragraph (1) 
                        of section 5(a) in the report required by that 
                        section;
                    (B) any person that the President determines is 
                acting for or on behalf of a person described in 
                subparagraph (A) related to conduct described in that 
                subparagraph; and
                    (C) any person that the President determines is 
                owned or controlled by a person described in 
                subparagraph (A) and is involved in conduct described 
                in that subparagraph.
            (2) Updates.--The President shall submit to the appropriate 
        congressional committees updated lists under paragraph (1) as 
        new information becomes available.
    (b) Imposition of Sanctions.--The President shall impose the 
following sanctions with respect to each foreign person on the list 
required by subsection (a):
            (1) Asset 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.) (except 
        that the requirements of section 202 of such Act (50 U.S.C. 
        1701) shall not apply) to the extent necessary to block and 
        prohibit all transactions in property and interests in property 
        of the person if such property and interests in property are in 
        the United States, come within the United States, or are or 
        come within the possession or control of a United States 
        person.
            (2) Aliens inadmissible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--In the case of an 
                individual, that individual is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation 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) Current visas revoked.--
                            (i) In general.--The visa or other entry 
                        documentation of the individual shall be 
                        revoked in accordance with section 221(i) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1201(i)), regardless of when such visa or other 
                        entry documentation is or was issued.
                            (ii) Immediate 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 individual's possession.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (b)(1) or any regulation, license, or order issued 
        to carry out that subsection shall be subject to the penalties 
        set forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
    (d) Exceptions.--
            (1) Exception for intelligence and law enforcement 
        activities.--Sanctions under this section shall not apply with 
        respect to--
                    (A) any activity subject to the reporting 
                requirements under title V of the National Security Act 
                of 1947 (50 U.S.C. 3091 et seq.); or
                    (B) any authorized intelligence or law enforcement 
                activities of the United States.
            (2) Exception to comply with international obligations.--
        Sanctions under subsection (b)(2) shall not apply with respect 
        to the admission or parole of an individual if admitting or 
        paroling the individual into the United States is necessary 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.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under subsection (b)(1) 
                shall not include the authority or requirement to 
                impose sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (e) Waiver.--The President may waive the application of sanctions 
under subsection (b) with respect to a foreign person on the list 
required by subsection (a) if the President determines and certifies to 
the appropriate congressional committees that such a waiver is in the 
national interest of the United States.
    (f) Suspension of Sanctions.--
            (1) Suspension.--The requirement to impose sanctions under 
        this section may be suspended for an initial period of not more 
        than one year if the President determines and certifies to the 
        appropriate congressional committees that Cambodia is making 
        meaningful progress toward the following:
                    (A) Ending government efforts to suppress 
                democratic institutions and political freedoms and 
                rights.
                    (B) Ending gross violations of internationally 
                recognized human rights and acts of significant 
                corruption.
                    (C) Releasing all political prisoners.
                    (D) Dropping all politically motivated charges and 
                vacating convictions from any such charges against 
                members of the Cambodia National Rescue Party, 
                journalists, and civil society activists.
                    (E) Conducting free and fair elections that allow 
                for the active participation of credible opposition 
                candidates.
            (2) Renewal of suspension.--The suspension of sanctions 
        under paragraph (1) may be renewed for additional, consecutive 
        one-year periods if the President determines and certifies to 
        the appropriate congressional committees that Cambodia 
        continued to make meaningful progress toward satisfying the 
        conditions described in that paragraph during the year 
        preceding the certification.
    (g) Sunset.--This section shall terminate on the date that is 5 
years after the date of the enactment of this Act.

SEC. 5. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY AND 
              GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA IN CAMBODIA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the committees 
specified in subsection (c) a report assessing--
            (1) the involvement of the Government of the People's 
        Republic of China, the Chinese Communist Party, or the People's 
        Liberation Army in upgrading existing facilities or 
        constructing new facilities at Ream Naval Base and Dara Sakor 
        Airport in Cambodia;
            (2) any actual or projected benefits, including any 
        enhancement of the power projection capabilities of the 
        People's Liberation Army, that the Government of the People's 
        Republic of China, the Chinese Communist Party, or the People's 
        Liberation Army may accrue as a result of such upgrades or 
        construction;
            (3) the impact that the presence of the People's Liberation 
        Army in Cambodia may have on the interests, allies, and 
        partners of the United States in the region;
            (4) any efforts undertaken by the United States Government 
        to convey to the Government of Cambodia the concerns relating 
        to the presence of the People's Liberation Army and the 
        Government of the People's Republic of China in Cambodia and 
        the impact that presence could have on security in the South 
        China Sea and the Indo-Pacific region more broadly and on 
        adherence to the Constitution of Cambodia;
            (5) the impact the presence of the People's Liberation Army 
        in Cambodia, as well as closer government-to-government ties 
        between Cambodia and the Government of the People's Republic of 
        China, including through investments under the Belt and Road 
        Initiative, has had on the deterioration of democracy and human 
        rights inside Cambodia;
            (6) any party-to-party training, coordination, or other 
        links between the Chinese Communist Party and the Cambodian 
        People's Party; and
            (7) any other ongoing activities by the People's Liberation 
        Army or any other security services of the Government of the 
        People's Republic of China in Cambodia.
    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form but may include a classified annex.
    (c) Committees Specified.--The committees specified in this 
subsection are--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, and the Select Committee on Intelligence of the 
        Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to limit the authority of the 
President to designate persons for the imposition of sanctions pursuant 
to an Executive order issued under the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.) or otherwise pursuant to that Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) People's liberation army.--The term ``People's 
        Liberation Army'' means the armed forces of the People's 
        Republic of China, including the People's Liberation Army Navy.
            (5) Person.--The term ``person'' means an individual or 
        entity.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction of the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.
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