[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3469 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3469

To reinstate reporting requirements related to United States-Hong Kong 
                               relations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2016

 Mr. Rubio (for himself and Mr. Cotton) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To reinstate reporting requirements related to United States-Hong Kong 
                               relations.

    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 ``Hong Kong Human Rights and Democracy 
Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services, the Committee 
                on Financial Services, the Committee on Foreign 
                Affairs, the Committee on Homeland Security, and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Armed Services, the Committee 
                on Banking, Housing, and Urban Affairs, the Committee 
                on Foreign Relations, the Committee on Homeland 
                Security and Governmental Affairs, and the Committee on 
                the Judiciary of the Senate.
            (3) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 5312 
        of title 31, United States Code.
            (4) 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; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) 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 (in this Act 
        referred to as the ``Joint Declaration'')--
                    (A) provided that the People's Republic of China 
                resumed sovereignty over Hong Kong on July 1, 1997; and
                    (B) established a ``high degree of autonomy'' for 
                Hong Kong except in matters of foreign affairs and 
                defense.
            (2) The Basic Law of the Hong Kong Special Administrative 
        Region of the People's Republic of China (in this Act referred 
        to as ``Basic Law'')--
                    (A) guarantees Hong Kong a ``high degree of 
                autonomy'' and separate executive, legislative, and 
                independent judicial powers;
                    (B) generally prohibits the central Government of 
                the People's Republic of China from interfering in the 
                affairs that Hong Kong administers on its own according 
                to the Basic Law;
                    (C) protects the rights to free speech, press, 
                assembly, and religion;
                    (D) guarantees residents of Hong Kong ``the freedom 
                of the person'', meaning ``no Hong Kong resident shall 
                be subjected to arbitrary or unlawful arrest, detention 
                or imprisonment'';
                    (E) guarantees residents of Hong Kong ``the right 
                to confidential legal advice, access to the courts, 
                choice of lawyers for timely protection of their lawful 
                rights and interests or for representation in the 
                courts, and to judicial remedies'';
                    (F) provides that the socialist system and policies 
                shall not be practiced in Hong Kong and that Hong 
                Kong's capitalist system and way of life shall remain 
                unchanged for 50 years (the principle of ``one country, 
                two systems'');
                    (G) affirms the continuing applicability of the 
                International Covenant on Civil and Political Rights to 
                Hong Kong;
                    (H) provides that the head of the Hong Kong Special 
                Administrative Region shall be the Chief Executive;
                    (I) provides that ``the ultimate aim is the 
                selection of the Chief Executive by universal suffrage 
                upon nomination by a broadly representative nominating 
                committee in accordance with democratic procedures'';
                    (J) provides that the legislature of the Hong Kong 
                Special Administrative Region shall be the Legislative 
                Council; and
                    (K) provides that ``the ultimate aim is the 
                election of all the members of the Legislative Council 
                by universal suffrage''.
            (3) The National People's Congress Standing Committee 
        (NPCSC) determined on December 29, 2007, that Hong Kong could 
        elect the Chief Executive by universal suffrage beginning in 
        2017, and that Hong Kong could thereafter elect the Legislative 
        Council by universal suffrage beginning in 2020.
            (4) The Chief Executive is currently selected by an 
        Election Committee consisting of 1,200 members. In order to 
        run, candidates for Chief Executive must currently receive the 
        support of one-eighth of the members of the Election Committee, 
        the majority of whom reportedly support or have ties to the 
        Chinese Communist Party.
            (5) On August 31, 2014, the NPCSC determined that the 2017 
        election for the Chief Executive could be held by universal 
        suffrage but that Hong Kong voters could only choose from two 
        to three candidates, each of whom is to be chosen by a majority 
        of a nominating committee similar to the current Election 
        Committee that is heavily controlled by pro-Beijing members.
            (6) International standards for elections, including 
        Article 21 of the Universal Declaration of Human Rights and 
        Article 25 of the International Covenant on Civil and Political 
        Rights, guarantee citizens the right to vote and to be elected 
        in genuine periodic elections by universal and equal suffrage 
        without unreasonable restrictions.
            (7) Hundreds of thousands of Hong Kong residents have 
        consistently and peacefully expressed their dissatisfaction 
        with the electoral reform plans of the Hong Kong government and 
        the Government of the People's Republic of China, including the 
        August 2014 NPCSC decision, and have called for a genuine 
        choice in elections that meet international standards. Their 
        peaceful and orderly protests have set an example for other 
        democratic movements around the world, including those in 
        mainland China that continue to fight for their fundamental 
        freedoms.
            (8) Media reports and video footage indicate that Hong Kong 
        police used tear gas and pepper spray against pro-democracy 
        demonstrators on September 28, 2014. There have also been 
        accusations of excessive use of force by the Hong Kong police, 
        but no police officer has yet been convicted.
            (9) Protestors and pro-democracy activists reported 
        sustained harassment and intimidation during and after the 
        demonstrations, including hacking of their email accounts or 
        phone, by groups reportedly connected to the Government of the 
        People's Republic of China.
            (10) Some protestors and activists have been unable to 
        travel to mainland China due to their participation in the 
        demonstrations, which has a direct bearing on their future 
        employment prospects. Pro-democracy advocates claim that the 
        Governments of the People's Republic of China and Hong Kong 
        have assembled ``blacklists'' of activists banned from entering 
        mainland China.
            (11) Several prominent student leaders, including Joshua 
        Wong, leader of the now dissolved student activist group 
        Scholarism and Secretary-General of the political party 
        Demosisto, Nathan Law, former General Secretary of the Hong 
        Kong Federation of Students and now member of the Legislative 
        Council, and Alex Chow, the former General Secretary of the 
        Hong Kong Federation of Students, had legal charges levied 
        against them due to their participation in pro-democracy 
        protest activities in September 2014. Wong and Chow were 
        convicted of ``unlawful assembly'' while Law was convicted of 
        ``incitement'', offenses under Hong Kong's Public Order 
        Ordinance, which is incompatible with international standards 
        on the freedom of assembly.
            (12) Ahead of the September 2016 Legislative Council 
        election, the Electoral Affairs Commission in Hong Kong issued 
        a new ``confirmation form'' for Legislative Council candidates 
        to sign confirming their commitment to uphold the Basic Law, 
        specifically the provisions holding that the territory is an 
        inalienable part of China. Six pro-independence candidates were 
        disqualified for failing to do so. This new requirement has 
        been characterized as unlawful and political censorship by 
        lawyers, political organizations, and students.
            (13) In the September 2016 election, Sixtus ``Baggio'' 
        Leung and Yau Wai-ching won seats in the Legislative Council 
        after running on platforms supportive of Hong Kong's democratic 
        self-determination. When swearing the oath of office in October 
        2016, both men altered the standard oath of office, after which 
        the Hong Kong government sued in an attempt to permanently 
        block them from retaking the oath.
            (14) In November 2016, with the court proceedings still 
        underway, the Chinese central government, on its own 
        initiative, issued an interpretation of Hong Kong's Basic Law, 
        thereby preventing these two democratically elected lawmakers 
        from taking their seats in the Legislative Council. The Hong 
        Kong Bar Association warned in advance that an intervention by 
        the Chinese government would ``deal a severe blow to the 
        independence of the judiciary and the power of final 
        adjudication of the Hong Kong court''.
            (15) Five individuals affiliated with the Mighty Current 
        Media publishing company and the Causeway Bay Bookstore, both 
        of which are based in Hong Kong and sell literary works 
        critical of Beijing, disappeared under mysterious circumstances 
        between October and December 2015, including Gui Minhai, a 
        naturalized Swedish citizen and co-owner of Mighty Current; Lee 
        Bo, a British citizen and co-owner of Mighty Current; Lui Bo; 
        Cheung Chi-ping; and Lam Wing-kee.
            (16) Upon his return to Hong Kong in June 2016, Lam 
        publicly revealed details of his and the other booksellers' 
        detentions, including their forced confessions, and alleged 
        that the abductions and detentions were directed by Chinese 
        central government officials.
            (17) Despite Lee's denial that he was abducted and the 
        televised confessions of the other four, the five men's 
        disappearances have been widely condemned by human rights 
        organizations and foreign officials and have resulted in 
        allegations of mainland China's law enforcement agencies 
        operating in Hong Kong, which would be a violation of the Basic 
        Law.
            (18) In February 2016, the British Foreign Secretary said 
        Lee Bo's involuntary removal to mainland China ``constitute[d] 
        a serious breach of the Sino-British Joint Declaration that 
        paved the way for Hong Kong's 1997 return to China. As part of 
        the treaty, China promised to safeguard Hong Kong's freedoms''.
            (19) As China's use of public ``confessions'' has expanded, 
        several Hong Kong media outlets have been the medium whereby 
        prominent rights defenders and lawyers, including Wang Yu and 
        Zhao Wei, have ``confessed'' to their alleged crimes.
            (20) The United States enjoys close economic, social, and 
        cultural ties with Hong Kong. According to the Department of 
        State, 60,000 United States citizens live in Hong Kong, and 
        1,400 United States businesses have offices there. According to 
        the Office of the United States Trade Representative, Hong Kong 
        is the United States 18th largest trade partner and 10th 
        largest export market for United States goods.
            (21) Hong Kong's unique status as an international finance 
        center where the rule of law and the rights and freedoms of its 
        citizens are protected has served as the foundation for Hong 
        Kong's stability and prosperity.
            (22) Section 301 of the Hong Kong Policy Act of 1992 (22 
        U.S.C. 5731) required the Secretary of State to issue reports 
        on conditions in Hong Kong of interest to the United States, 
        including the development of democratic institutions in Hong 
        Kong, and the last report under section 301 was issued on June 
        30, 2007.
            (23) Failure to establish a genuine democratic option to 
        nominate and elect the Chief Executive of Hong Kong by 2017 and 
        to establish open and direct democratic elections for all 
        members of the Hong Kong Legislative Council by 2020 would 
        reduce confidence in the commitment of the Government of the 
        People's Republic of China to uphold its obligations under 
        international law, and would erode the ability of Hong Kong to 
        retain a high degree of autonomy.
            (24) During an October 2014 session, the United Nations 
        Human Rights Committee, consisting of 18 independent experts, 
        reviewed China's compliance with the International Covenant on 
        Civil and Political Rights with respect to Hong Kong. According 
        to the session's chair, the Committee agreed on ``the need to 
        ensure universal suffrage, which means both the right to be 
        elected as well as the right to vote. The main concerns of 
        Committee members were focused on the right to stand for 
        elections without unreasonable restrictions''. Another 
        Committee member said that the ``committee doesn't want 
        candidates filtered. The problem is that Beijing wants to vet 
        candidates''.
            (25) The Congressional-Executive Commission on China's 2015 
        Annual Report ``observed developments raising concerns that the 
        Chinese and Hong Kong governments may have infringed on the 
        rights of the people of Hong Kong, including in the areas of 
        political participation and democratic reform, press freedom, 
        and freedom of assembly''.
            (26) The Congressional-Executive Commission on China's 2016 
        Annual Report found that ``the growing influence of the Chinese 
        central government and communist party and suspected activity 
        by Chinese authorities in Hong Kong--notably the disappearance, 
        alleged abduction, and detention in mainland China of five Hong 
        Kong booksellers--raised fears regarding Hong Kong's autonomy 
        within China as guaranteed under the `one country, two systems' 
        policy enshrined in the Basic Law, which prohibits mainland 
        Chinese authorities from interfering in Hong Kong''.
            (27) A Hong Kong Journalists Association (HKJA) survey on 
        press freedom found that 85 percent of journalists believed 
        press freedom had deteriorated in 2015.
            (28) Hong Kong ranked 69th among 180 countries in Reporters 
        Without Borders' 2016 World Press Freedom Index, down eight 
        places in just two years and marking a significant decline from 
        2002, when Hong Kong ranked 18th.
            (29) Freedom House's 2015 Freedom of the Press Report found 
        a five-year decline in press freedom in Hong Kong marked by an 
        increase in physical attacks against journalists, cyberattacks 
        crippling widely read news sites at politically sensitive 
        moments, and businesses withdrawing advertising from outlets 
        that were critical of Beijing and supportive of prodemocracy 
        protestors.

SEC. 4. 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, namely that--
                    (A) the United States has ``a strong interest in 
                the continued vitality, prosperity, and stability of 
                Hong Kong'';
                    (B) ``support for democratization is a fundamental 
                principle of United States foreign policy'';
                    (C) ``the human rights of the people of Hong Kong 
                are of great importance to the United States and are 
                directly relevant to United States interests in Hong 
                Kong'';
                    (D) human rights ``serve as a basis for Hong Kong's 
                continued economic prosperity''; and
                    (E) Hong Kong must remain sufficiently autonomous 
                from the People's Republic of China to justify a 
                different treatment under a particular law of the 
                United States, or any provision thereof, from that 
                accorded the People's Republic of China;
            (2) to support the democratic aspirations of the people of 
        Hong Kong, as guaranteed to them by the Joint Declaration, the 
        Basic Law, the International Covenant on Civil and Political 
        Rights, and the Universal Declaration of Human Rights;
            (3) 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 rule 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;
            (4) to support the establishment by 2017 of a genuine 
        democratic option to freely and fairly nominate and elect the 
        Chief Executive of Hong Kong, and the establishment by 2020 of 
        open and direct democratic elections for all members of the 
        Hong Kong Legislative Council;
            (5) to support the robust exercise by residents of Hong 
        Kong of the rights to free speech and the press as guaranteed 
        to them by the Basic Law and the Joint Declaration;
            (6) to ensure that all residents of Hong Kong are afforded 
        freedom from arbitrary or unlawful arrest, detention, or 
        imprisonment as guaranteed to them by the Basic Law and the 
        Joint Declaration; and
            (7) to draw international attention to any violations by 
        the Government of the People's Republic of China of the 
        fundamental rights of residents of Hong Kong and any 
        encroachment upon the autonomy guaranteed to Hong Kong by the 
        Basic Law and the Joint Declaration.

SEC. 5. REINSTATEMENT OF REPORTING REQUIREMENTS RELATED TO UNITED 
              STATES-HONG KONG RELATIONS.

    (a) In General.--Section 301 of the United States-Hong Kong Policy 
Act of 1992 (22 U.S.C. 5731) is amended--
            (1) by striking ``Not later than'' and all that follows 
        through ``the Secretary of State'' and inserting ``Not later 
        than 90 days after the date of the enactment of the Hong Kong 
        Human Rights and Democracy Act of 2016, and annually thereafter 
        through 2023,'';
            (2) by striking ``Speaker of the House of Representatives'' 
        and inserting ``chairman of the Committee on Foreign Affairs of 
        the House of Representatives'';
            (3) in paragraph (7), by striking ``; and'' and inserting a 
        semicolon;
            (4) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following new paragraph:
            ``(1) matters in which Hong Kong is given separate 
        treatment under the laws of the United States from that 
        accorded to the People's Republic of China and in accordance 
        with this Act.''.
    (b) Form.--The report required under section 301 of the United 
States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731), as amended by 
subsection (a), should be unclassified and made publicly available, 
including through the Department of State's public website.

SEC. 6. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.

    Title II of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5721 et seq.) is amended by inserting after section 202 the 
following new section:

``SEC. 202. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.

    ``(a) Secretary of State Certification Requirement.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of the Hong Kong Human Rights and Democracy Act 
        of 2016, and annually thereafter, the Secretary of State shall 
        certify to Congress whether Hong Kong is sufficiently 
        autonomous to justify separate treatment different from that 
        accorded the People's Republic of China in any new laws, 
        agreements, treaties, or arrangements entered into between the 
        United States and Hong Kong after the date of the enactment of 
        such Act.
            ``(2) Factor for consideration.--In making a certification 
        under paragraph (1), the Secretary of State should consider the 
        terms, obligations, and expectations expressed in the Joint 
        Declaration with respect to Hong Kong.
    ``(b) Waiver Authority.--The Secretary of State may waive the 
application of subsection (a) if the Secretary--
            ``(1) determines that such a waiver is in the national 
        security interests of the United States; and
            ``(2) on or before the date on which the waiver takes 
        effect, submits to the Committee on Foreign Relations of the 
        Senate and the Committee on Foreign Affairs of the House of 
        Representatives a notice of and justification for the 
        waiver.''.

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.

    (a) 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 each person that the President 
determines, based on credible information--
            (1) is responsible for the surveillance, abduction, 
        detention, abuse, or forced confession of Gui Minhai, Lee Bo, 
        Lin Rongji, Lu Bo, or Zhang Zhiping, all of whom are involved 
        in the operation of the Mighty Current Publishing House based 
        in Hong Kong;
            (2) 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
            (3) 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.
    (b) Updates.--The President shall submit to the appropriate 
congressional committees an update of the list required by subsection 
(a) as new information becomes available.
    (c) Form.--
            (1) In general.--The list required by subsection (a) shall 
        be submitted in unclassified form.
            (2) Exception.--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--
                    (A) determines that it is vital for the national 
                security interests of the United States to do so;
                    (B) uses the annex in such a manner consistent with 
                congressional intent and the purposes of this Act; and
                    (C) 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).
            (3) Consideration of data from other countries and 
        nongovernmental organizations.--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.
            (4) Public availability.--The unclassified portion of the 
        list required by subsection (a) shall be made available to the 
        public and published in the Federal Register.
    (d) Removal From List.--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--
            (1) credible information exists that the person did not 
        engage in the activity for which the person was added to the 
        list;
            (2) the person has been prosecuted appropriately for the 
        activity in which the person engaged; or
            (3) 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).
    (e) Requests by Chairperson and Ranking Member of Appropriate 
Congressional Committees.--
            (1) In general.--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.
            (2) Form.--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.
            (3) Removal.--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.
    (f) Nonapplicability of Confidentiality Requirement With Respect to 
Visa Records.--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.

SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY MEMBERS.

    (a) In General.--Section 212(a)(2)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to read as follows:
                    ``(F) Abductions of certain journalists.--Any alien 
                described in section 7(a) of the Hong Kong Human Rights 
                and Democracy Act of 2016 is inadmissible.''.
    (b) Current Visas Revoked.--The issuing consular officer, the 
Secretary of State, or the Secretary of Homeland Security (or a 
designee of one of such Secretaries) shall revoke any visa or other 
entry documentation issued to any person who is included on the list 
required under section 7(a) that is an alien, regardless of when 
issued. The revocations shall take effect immediately and shall 
automatically cancel any other valid visa or entry documentation that 
is in the alien's possession.
    (c) Waiver for National Security Interests.--
            (1) In general.--The Secretary of State may waive 
        application of section 212(a)(2)(F) of the Immigration and 
        Nationality Act, as amended by subsection (a), or subsection 
        (b) with respect to an alien, if--
                    (A) the Secretary determines that such a waiver--
                            (i) is necessary to permit the United 
                        States to comply with the Agreement between the 
                        United Nations and the United States of America 
                        regarding the Headquarters of the United 
                        Nations, signed June 26, 1947, and entered into 
                        force November 21, 1947, or other applicable 
                        international obligations of the United States; 
                        or
                            (ii) is vital for the national security 
                        interests of the United States; and
                    (B) before granting such a waiver, the Secretary 
                provides to the appropriate congressional committees 
                notice of, and a justification for, the waiver.
            (2) Timing for certain waivers.--Notification under 
        subparagraph (B) of paragraph (1) shall be made not later than 
        15 days before granting a waiver under such paragraph if the 
        Secretary grants such waiver under subparagraph (A)(ii) of such 
        paragraph.
    (d) Regulatory Authority.--The Secretary of State shall prescribe 
such regulations as are necessary to carry out this section.

SEC. 9. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR WORK IN 
              THE UNITED STATES.

    Title II of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5721 et seq.) is amended by inserting after section 202 the 
following new section:

``SEC. 202A. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR 
              WORK IN THE UNITED STATES.

    ``(a) Statement of Policy.--Notwithstanding all other provisions of 
law, applications for visas to enter, study, or work in the United 
States, submitted by otherwise qualified applicants who were resident 
in Hong Kong in 2014, shall not be denied on the basis of the 
applicant's arrest, detention, or other adverse government action taken 
as a result of the applicant's participation in nonviolent protest 
activities related to Hong Kong's electoral processes.
    ``(b) Implementation.--The Secretary of State shall take such steps 
as necessary to ensure that consular officers shall be aware of this 
provision of law and shall receive appropriate training and support in 
order to ensure that it is carried out in such a way that affected 
individuals shall not face discrimination or unnecessary delay in the 
processing of their visa applications, including--
            ``(1) providing specialized training for consular officers 
        posted to Hong Kong, Beijing, Guangzhou, and Macau;
            ``(2) instructing the United States Consulate in Hong Kong 
        to maintain an active list of individuals whom it knows to have 
        been detained, arrested or otherwise targeted by Hong Kong or 
        People's Republic of China authorities or their intermediaries 
        as a result of their participation in the 2014 protests, in 
        order to facilitate the cross-checking of visa applications for 
        Hong Kong applicants;
            ``(3) amending the physical and on-line versions of the 
        visa application as necessary in order to ensure relevant 
        applicants are able to reference this provision of law in their 
        explanatory materials; and
            ``(4) instructing personnel at the United States Consulate 
        in Hong Kong to engage with relevant individuals in the Hong 
        Kong community in order to proactively inform them that they 
        will not face discrimination in applying for a visa to the 
        United States due to any adverse action taken against them by 
        the authorities as a result of their participation in the 2014 
        protests.
    ``(c) Cooperation With Like-Minded Countries.--The Secretary of 
State or his or her designee 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, 
to--
            ``(1) inform them of the United States policy regarding 
        arrests for participation in nonviolent protests in Hong Kong;
            ``(2) encourage them to take similar steps to ensure the 
        rights of nonviolent protesters are protected from 
        discrimination due to the actions of the Hong Kong and People's 
        Republic of China authorities; and
            ``(3) offer, as appropriate, to share information regarding 
        the execution of this policy, including information regarding 
        persons eligible for relief under this provision.''.

SEC. 10. FINANCIAL MEASURES.

    (a) Freezing of Assets.--The President shall exercise all powers 
granted by 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 freeze and 
prohibit all transactions in all property and interests in property of 
a person who is on the list required by section 7(a) of this Act 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.
    (b) Waiver for National Security Interests.--The Secretary of the 
Treasury may waive the application of subsection (a) if the Secretary 
determines that such a waiver is vital for the national security 
interests of the United States. Not later than 15 days before granting 
such a waiver, the Secretary shall provide to the appropriate 
congressional committees notice of, and a justification for, the 
waiver.
    (c) Enforcement.--
            (1) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section 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 such section.
            (2) Requirements for financial institutions.--Not later 
        than 120 days after the date of the enactment of this Act, the 
        Secretary of the Treasury shall prescribe or amend regulations 
        as needed to require each financial institution that is a 
        United States person and has within its possession or control 
        assets that are property or interests in property of a person 
        that is on the list required by section 7(a) if such property 
        and interests in property are in the United States to certify 
        to the Secretary that, to the best of the knowledge of the 
        financial institution, the financial institution has frozen all 
        assets within the possession or control of the financial 
        institution that are required to be frozen pursuant to 
        subsection (a).
            (3) Notification to congress.--Not later than 10 days 
        before the promulgation of regulations under paragraph (2), the 
        President shall notify the appropriate congressional committees 
        of the proposed regulations and the provisions of this Act and 
        the amendments made by this Act that the regulations are 
        implementing.
    (d) Regulatory Authority.--The Secretary of the Treasury shall 
issue such regulations, licenses, and orders as are necessary to carry 
out this section.

SEC. 11. REPORT TO CONGRESS.

    Not later than one year after the date of the enactment of this 
Act, and not less frequently than annually thereafter, the Secretary of 
State and the Secretary of the Treasury shall submit to the appropriate 
congressional committees a report on--
            (1) the actions taken to carry out this Act, including--
                    (A) the number of persons added to or removed from 
                the list required by section 7(a) during the year 
                preceding the report, the dates on which such persons 
                have been added or removed, and the reasons for adding 
                or removing such persons; and
                    (B) if few or no such persons have been added to 
                that list during that year, the reasons for not adding 
                more such persons to the list; and
            (2) efforts by the executive branch to encourage the 
        governments of other countries to impose sanctions that are 
        similar to the sanctions imposed under this Act.
                                 <all>