[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5337-S5340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5872. Mr. MARKEY (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

            Subtitle G--Cambodia Democracy and Human Rights

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Cambodia Democracy and 
     Human Rights Act of 2022''.

     SEC. 1282. 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 1984 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 has 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, 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 faces up to 30 
     years in prison.

[[Page S5338]]

       (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) The widespread crackdown by the Government of Cambodia 
     on the political opposition and other independent voices has 
     caused many CNRP leaders to flee abroad. On March 12, 2019, a 
     court criminally charged and issued arrest warrants for 8 
     leading members of the CNRP, including former CNRP leader Sam 
     Rainsy, who had left Cambodia ahead of the July 2018 
     election, as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang, 
     Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann.
       (11) The Government of Cambodia has arrested many 
     opposition party members and democracy activists who remained 
     in Cambodia. More than 80 opposition party supporters and 
     activists were arrested in 2019 and were released on bail 
     with charges still pending and could face re-arrest any time.
       (12) In November 2019, Sam Rainsy made a failed attempt to 
     return to Cambodia to partake in mass pro-democracy protests. 
     Approximately 150 CNRP activists were put on trial in 2020 
     and 2021 for treason for calling for his return.
       (13) In March 2021, a Cambodian court convicted and 
     sentenced Sam Rainsy in absentia to 25 years in prison and 8 
     other opposition figures living in exile, including Rainsy's 
     wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang, 
     Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth 
     Romduol, to between 20 and 22 years.
       (14) On June 14, 2022, the Government of Cambodia convicted 
     51 opposition politicians and activists in a mass trial, many 
     of whom were convicted in abstentia on charges of 
     ``incitement'' and ``conspiracy'' for supporting the 
     development of democracy in Cambodia. Sentences ranged from 
     5-year suspended jail terms to 8 years in prison and serve to 
     further intimidate potential political opponents of the 
     regime of Prime Minister Hun Sen.
       (15) Prime Minister Hun Sen has used the coronavirus 
     disease 2019 (commonly known as ``COVID-19'') pandemic as 
     justification to further consolidate power and the Cambodia 
     People's Party-controlled National Assembly passed new laws 
     to further curtail the rights to freedom of expression, 
     peaceful assembly, and association.
       (16) According to Human Rights Watch, under the guise of 
     the pandemic, authorities--
       (A) banned protests organized by youth and environmental 
     activists;
       (B) detained and interrogated at least 30 people for 
     Facebook posts related to the pandemic; and
       (C) charged one journalist for pandemic-related reporting.
       (17) 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.
       (18) In August 2020, 14 youth and environmental activists 
     were detained by Cambodian authorities. In May 2021, 3 
     environmental activists were convicted on charges of 
     ``incitement to commit a felony or disturb social order'', 
     related to peaceful protests against authorities. In June 
     2021, a Cambodian court charged 3 environmental activists 
     with ``plotting against the government and insulting the 
     king''. The 2020 Country Reports on Human Rights Practices of 
     the Department of State reported ``at least 40 political 
     prisoners or detainees'' in Cambodia.
       (19) 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.
       (20) 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.
       (21) 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 dual-use facility for its 
     military, despite the prohibition against the establishment 
     of foreign military bases in the Constitution of Cambodia.
       (22) 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.
       (23) The 2020 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.''.
       (24) Section 7043(b) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2022 
     (division K of Public Law 117-103; 136 Stat. 645) 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 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.''.
       (25) 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.
       (26) 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.
       (27) In February 2019, the European Union began intense 
     scrutiny of Cambodia's eligibility to for preferential trade 
     access in light of the deterioration of democracy, the rule 
     of law, and the protection of human rights in Cambodia. 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.
       (28) 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.
       (29) In 2022, the governments of the People's Republic of 
     China and Cambodia held a groundbreaking ceremony for a new 
     upgrade to 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, 
     while their presence would remain concealed''.
       (30) On June 8, 2022, in the groundbreaking ceremony for 
     constructing new facilities of the Ream Naval 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.

     SEC. 1283. 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; and
       (C) restore full political rights to the Cambodia National 
     Rescue Party and other political parties;
       (3) the United States Government should urge the Government 
     of Cambodia--
       (A) to 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;

[[Page S5339]]

       (B) to immediately discontinue the imprisonment and 
     judicial harassment of journalists, political dissidents, and 
     activists, and drop politically motivated charges;
       (C) to 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;
       (D) to halt the threat of mass arrests and violence if and 
     when Cambodia National Rescue Party members currently 
     overseas return to Cambodia;
       (E) to 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;
       (F) to 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;
       (G) to 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
       (H) to 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;
       (4) 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;
       (5) 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;
       (6) 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
       (7) 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. 1284. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN 
                   CAMBODIA.

       (a) Identification of Persons Responsible for Undermining 
     Democracy 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 Cambodian, or 
     any other foreign person, that the President determines 
     knowingly--
       (i) directly and substantially undermines democracy in 
     Cambodia;
       (ii) engages in or is responsible for serious human rights 
     abuses;
       (iii) engages in or is responsible for significant 
     corruption associated with undermining democracy in Cambodia; 
     or
       (iv) 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 1285(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 undermine democracy.
       (B) Ending human rights violations associated with 
     undermining democracy.
       (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. 1285. 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 or the People's Liberation Army in 
     upgrading existing facilities or constructing new facilities 
     at Ream Naval Base and Dara Sakor Airport in Cambodia;

[[Page S5340]]

       (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 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; and
       (6) 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. 1286. RULE OF CONSTRUCTION.

       Nothing in this subtitle 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. 1287. DEFINITIONS.

       In this subtitle:
       (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.
       (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.
                                 ______