[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1838 Enrolled Bill (ENR)]
S.1838
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
An Act
To amend the Hong Kong Policy Act of 1992, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hong Kong Human
Rights and Democracy Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.
Sec. 5. Annual report on violations of United States export control laws
and United Nations sanctions occurring in Hong Kong.
Sec. 6. Protecting United States citizens and others from rendition to
the People's Republic of China.
Sec. 7. Sanctions relating to undermining fundamental freedoms and
autonomy in Hong Kong.
Sec. 8. Sanctions reports.
Sec. 9. Sense of Congress on People's Republic of China state-controlled
media.
Sec. 10. Sense of Congress on commercial exports of crowd control
equipment to Hong Kong.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Committee on Financial Services of the House of
Representatives;
(I) the Committee on Homeland Security of the House of
Representatives; and
(J) the Committee on the Judiciary of the House of
Representatives.
(2) Social credit system.--The term ``social credit system''
means a system proposed by the Government of the People's Republic
of China and scheduled for implementation by 2020, which would--
(A) use existing financial credit systems, public records,
online activity, and other tools of surveillance to aggregate
data on every Chinese citizen and business; and
(B) use such data to monitor, shape, and rate certain
financial, social, religious, or political behaviors.
(3) United states person.--The term ``United States person''
means--
(A) a United States citizen;
(B) a lawfully admitted permanent resident of the United
States; or
(C) an entity organized under the laws of--
(i) the United States; or
(ii) any jurisdiction within the United States,
including a foreign branch of such an entity.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in the
United States-Hong Kong Policy Act of 1992 (Public Law 102-383),
namely that--
(A) the United States has ``a strong interest in the
continued vitality, prosperity, and stability of Hong Kong'';
(B) ``[s]upport for democratization is a fundamental
principle of United States foreign policy'' and therefore
``naturally applies to United States policy toward Hong Kong'';
(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 [and] serve as a basis
for Hong Kong's continued economic prosperity''; and
(D) Hong Kong must remain sufficiently autonomous from the
People's Republic of China to ``justify treatment under a
particular law of the United States, or any provision thereof,
different from that accorded the People's Republic of China'';
(2) to support the high degree of autonomy and fundamental
rights and freedoms of the people of Hong Kong, as enumerated by--
(A) the Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing December 19, 1984 (referred to in
this Act as the ``Joint Declaration'');
(B) the International Covenant on Civil and Political
Rights, done at New York December 19, 1966; and
(C) the Universal Declaration of Human Rights, done at
Paris December 10, 1948;
(3) to support the democratic aspirations of the people of Hong
Kong, including the ``ultimate aim'' of the selection of the Chief
Executive and all members of the Legislative Council by universal
suffrage, as articulated in the Basic Law of the Hong Kong Special
Administrative Region of the People's Republic of China (referred
to in this Act as the ``Basic Law'');
(4) to urge the Government of the People's Republic of China to
uphold its commitments to Hong Kong, including allowing the people
of Hong Kong to govern Hong Kong with a high degree of autonomy and
without undue interference, and ensuring that Hong Kong voters
freely enjoy the right to elect the Chief Executive and all members
of the Hong Kong Legislative Council by universal suffrage;
(5) to support the establishment of a genuine democratic option
to freely and fairly nominate and elect the Chief Executive of Hong
Kong, and the establishment by 2020 of open and direct democratic
elections for all members of the Hong Kong Legislative Council;
(6) to support the robust exercise by residents of Hong Kong of
the rights to free speech, the press, and other fundamental
freedoms, as provided by the Basic Law, the Joint Declaration, and
the International Covenant on Civil and Political Rights;
(7) to support freedom from arbitrary or unlawful arrest,
detention, or imprisonment for all Hong Kong residents, as provided
by the Basic Law, the Joint Declaration, and the International
Covenant on Civil and Political Rights;
(8) to draw international attention to any violations by the
Government of the People's Republic of China of the fundamental
rights of the people of Hong Kong, as provided by the International
Covenant on Civil and Political Rights, and any encroachment upon
the autonomy guaranteed to Hong Kong by the Basic Law and the Joint
Declaration;
(9) to protect United States citizens and long-term permanent
residents living in Hong Kong, as well as people visiting and
transiting through Hong Kong;
(10) to maintain the economic and cultural ties that provide
significant benefits to both the United States and Hong Kong; and
(11) to coordinate with allies, including the United Kingdom,
Australia, Canada, Japan, and the Republic of Korea, to promote
democracy and human rights in Hong Kong.
SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992.
(a) Report.--Title II of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5721 et seq.) is amended--
(1) in section 201(b), by striking ``such date'' each place
such term appears and inserting ``the date of the enactment of the
Hong Kong Human Rights and Democracy Act of 2019''; and
(2) adding at the end the following:
``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF
HONG KONG.
``(a) Certification.--
``(1) In general.--Except as provided in subsection (b), the
Secretary of State, on at least an annual basis, and in conjunction
with the report required under section 301, shall issue a
certification to Congress that--
``(A) indicates whether Hong Kong continues to warrant
treatment under United States law in the same manner as United
States laws were applied to Hong Kong before July 1, 1997;
``(B) addresses--
``(i) commercial agreements;
``(ii) law enforcement cooperation, including
extradition requests;
``(iii) sanctions enforcement;
``(iv) export controls, and any other agreements and
forms of exchange involving dual use, critical, or other
sensitive technologies;
``(v) any formal treaties or agreements between the
United States and Hong Kong;
``(vi) other areas of bilateral cooperation that the
Secretary determines to be relevant; and
``(vii) decision-making within the Government of Hong
Kong, including executive, legislative, and judicial
structures, including--
``(I) freedom of assembly;
``(II) freedom of speech;
``(III) freedom of expression; and
``(IV) freedom of the press, including the Internet
and social media;
``(viii) universal suffrage, including the ultimate aim
of the selection of the Chief Executive and all members of
the Legislative Council by universal suffrage;
``(ix) judicial independence;
``(x) police and security functions;
``(xi) education;
``(xii) laws or regulations regarding treason,
secession, sedition, subversion against the Central
People's Government of the People's Republic of China, or
theft of state secrets;
``(xiii) laws or regulations regarding foreign
political organizations or bodies;
``(xiv) laws or regulations regarding political
organizations; and
``(xv) other rights enumerated in the Universal
Declaration of Human Rights, done at Paris December 10,
1948, and the International Covenant on Civil and Political
Rights, done at New York December 19, 1966; and
``(C) includes--
``(i) an assessment of the degree of any erosions to
Hong Kong's autonomy in each category listed in
subparagraph (B) resulting from actions by the Government
of the People's Republic of China that are inconsistent
with its commitments under the Basic Law or the Joint
Declaration;
``(ii) an evaluation of the specific impacts to any
areas of cooperation between the United States and Hong
Kong resulting from erosions of autonomy in Hong Kong or
failures of the Government of Hong Kong to fulfill
obligations to the United States under international
agreements within the categories listed in subparagraph
(B); and
``(iii) a list of any specific actions taken by the
United States Government in response to any erosion of
autonomy or failures to fulfill obligations to the United
States under international agreements identified in this
certification and the report required under section 301.
``(2) Factor for consideration.--In making each 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.
``(3) Additional certifications.--The certification under
section (1) shall be issued annually, but the Secretary may issue
additional certifications at any time if the Secretary determines
it is warranted by circumstances in Hong Kong.
``(b) Waiver Authority.--
``(1) In general.--The Secretary of State may waive the
application of subsection (a) if--
``(A) the Secretary determines that such a waiver is in the
national security interests of the United States; and
``(B) on or before the date on which the waiver takes
effect, the Secretary notifies the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives of the intent to waive such
subsection;
``(2) Partial waiver.--Except for the list of actions described
in subsection (a)(1)(C)(iii), the Secretary of State may waive
relevant parts of the application of subsection (a) if the
President issues an Executive order under section 202 that suspends
the application of any particular United States law to Hong
Kong.''.
(b) Visa Applicants.--Title II of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection
(a), is further amended by adding at the end the following:
``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR
WORK IN THE UNITED STATES.
``(a) Visa Eligibility for Certain Hong Kong Students.--
Notwithstanding any other provision of law, applications for visas to
enter, study, or work in the United States, which are submitted by
otherwise qualified applicants who resided in Hong Kong in 2014 and
later, may not be denied primarily on the basis of the applicant's
subjection to politically-motivated arrest, detention, or other adverse
government action.
``(b) Implementation.--The Secretary of State shall take such steps
as may be necessary to ensure that consular officers are aware of the
policy described in subsection (a) and receive appropriate training and
support to ensure that the policy is carried out so that affected
individuals do not face discrimination or unnecessary delay in the
processing of their visa applications, including--
``(1) providing specialized training for all consular officers
posted to the United States Embassy in Beijing or to any United
States consulate in the People's Republic of China, the Hong Kong
Special Administrative Region, or the Macau Special Administrative
Region;
``(2) instructing the United States Consulate in Hong Kong to
maintain an active list of individuals who are known to have been
formally charged, detained, or convicted by the Government of Hong
Kong Special Administrative Region or by the Government of the
People's Republic of China, or intermediaries of such governments,
based on politically-motivated considerations related to their
exercise of rights enumerated in the Universal Declaration of Human
Rights, done at Paris December 10, 1948, or the International
Covenant on Civil and Political Rights, done at New York December
19, 1966, to facilitate the cross-checking of visa applications for
Hong Kong residents; and
``(3) updating any relevant United States Government websites
with information on the policy described in subsection (a).
``(c) Cooperation With Like-minded Countries.--The Secretary of
State shall contact appropriate representatives of other democratic
countries, particularly those who receive a large number of applicants
for student and employment visas from Hong Kong--
``(1) to inform them of the United States policy regarding
arrests for participation in nonviolent protests in Hong Kong; and
``(2) to encourage them to take similar steps to ensure the
rights of nonviolent protesters are protected from discrimination
due to the actions of the Government of Hong Kong and of the
Government of the People's Republic of China.''.
SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL
LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until the date that is 7
years after the date of the enactment of this Act, the Secretary of
Commerce, in consultation with the Secretary of the Treasury and the
Secretary of State, shall submit a report to the committees specified
in subsection (b) that includes--
(1) an assessment of the nature and extent of violations of
United States export control and sanctions laws occurring in Hong
Kong;
(2) to the extent possible, the identification of--
(A) any items that were reexported from Hong Kong in
violation of the laws referred to in paragraph (1);
(B) the countries and persons to which the items referred
to in subparagraph (A) were reexported; and
(C) how such items were used;
(3) an assessment of whether sensitive dual-use items subject
to the export control laws of the United States are being--
(A) transshipped through Hong Kong; and
(B) used to develop--
(i) the Sharp Eyes, Skynet, Integrated Joint Operations
Platform, or other systems of mass surveillance and
predictive policing; or
(ii) the ``social credit system'' of the People's
Republic of China;
(4) an assessment of the efforts by the Government of the
People's Republic of China to use the status of Hong Kong as a
separate customs territory to import items into the People's
Republic of China from Hong Kong in violation of the export control
laws of the United States, whether as part of the Greater Bay Area
plan, through the assignment by Beijing of Hong Kong as a national
technology and innovation center, or through other programs that
may exploit Hong Kong as a conduit for controlled sensitive
technology;
(5) an assessment of whether the Government of Hong Kong has
adequately enforced sanctions imposed by the United Nations;
(6) a description of the types of goods and services
transshipped or reexported through Hong Kong in violation of such
sanctions to--
(A) North Korea or Iran; or
(B) other countries, regimes, or persons subject to such
sanctions for engaging in activities--
(i) relating to international terrorism, international
narcotics trafficking, or the proliferation of weapons of
mass destruction; or
(ii) that otherwise present a threat to the national
security, foreign policy, or economy of the United States;
and
(7) an assessment of whether shortcomings in the enforcement of
export controls or sanctions by the Government of Hong Kong
necessitates the assignment of additional Department of the
Treasury, Department of Commerce, or Department of State personnel
to the United States Consulate in Hong Kong.
(b) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(3) the Committee on Commerce, Science, and Transportation of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives; and
(5) the Committee on Energy and Commerce of the House of
Representatives.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Policy Statements.--It is the policy of the United States--
(1) to safeguard United States citizens from extradition,
rendition, or abduction to the People's Republic of China from Hong
Kong for trial, detention, or any other purpose;
(2) to safeguard United States businesses in Hong Kong from
economic coercion and intellectual property theft;
(3) pursuant to section 103(7) of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage United States
businesses ``to continue to operate in Hong Kong, in accordance
with applicable United States and Hong Kong law''; and
(4) pursuant to section 201(b) of such Act (22 U.S.C. 5721(b)),
to evaluate, not less frequently than annually and as
circumstances, dictate whether the Government of Hong Kong is
``legally competent to carry out its obligations'' under treaties
and international agreements established between the United States
and Hong Kong.
(b) Response to Threat of Rendition.--Not later than 30 days after
the President determines that legislation proposed or enacted by the
Government of Hong Kong would put United States citizens at risk of
extradition or rendition to the People's Republic of China or to other
countries that lack protections for the rights of defendants, the
President shall submit a report to the appropriate congressional
committees that--
(1) contains a strategy for protecting United States citizens
and businesses in Hong Kong;
(2) assesses the potential risks of the legislation to United
States citizens residing in, traveling to, or transiting through
Hong Kong; and
(3) determines whether--
(A) additional resources are needed for American Citizen
Services at the United States Consulate in Hong Kong; and
(B) the Government of Hong Kong is ``legally competent'' to
administer the United States-Hong Kong Agreement for the
Surrender of Fugitive Offenders, done at Hong Kong December 20,
1996, or other relevant law enforcement agreements between the
United States and Hong Kong.
SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND
AUTONOMY IN HONG KONG.
(a) Identification of Persons Responsible for Undermining
Fundamental Freedoms and Autonomy in Hong Kong.--
(1) In general.--The President shall submit a report to the
appropriate congressional committees, in accordance with paragraph
(2), that identifies each foreign person that the President
determines is responsible for--
(A) the extrajudicial rendition, arbitrary detention, or
torture of any person in Hong Kong; or
(B) other gross violations of internationally recognized
human rights in Hong Kong.
(2) Timing of reports.--The President shall submit to the
appropriate congressional committees--
(A) the report required under paragraph (1)--
(i) not later than 180 days after the date of the
enactment of this Act; and
(ii) not less frequently than annually thereafter in
conjunction with the publication of the report required
under section 301 of the United States-Hong Kong Policy Act
of 1992 (22 U.S.C. 5731); and
(B) an update to the report not later than 15 days after
any new action is taken under subsection (b) based on the
discovery of new information described in paragraph (1).
(3) Consideration of certain information.--In preparing the
report required under paragraph (1), the President shall consider--
(A) information provided jointly by the chairperson and
ranking member of each of the appropriate congressional
committees; and
(B) information obtained by other countries or reputable
nongovernmental organizations that monitor violations of human
rights abuses.
(4) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person identified in the report required under subsection (a)(1).
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(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.) to the extent
necessary to block and prohibit all transactions in property and
interests in property of a foreign person identified in the report
required under subsection (a)(1) if such property and interests in
property are in the United States, come within the United States,
or come within the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
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.--An alien described in subsection
(a)(1) is subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) 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 alien's possession.
(3) Penalties.--The penalties provided for in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to a foreign person that
violates, attempts to violate, conspires to violate, or causes a
violation of paragraph (1) to the same extent that such penalties
apply to a person that commits an unlawful act described in
subsection (a) of such section 206.
(d) 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.
(e) Waiver.--The President may waive the application of sanctions
under this section with respect to a person identified in the report
required under subsection (a)(1) 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) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to 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 any authorized intelligence
activities of the United States.
(2) Exception to comply with international obligations and for
law enforcement activities.--Sanctions under subsection (c)(2)
shall not apply with respect to an alien if admitting or paroling
the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a 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.
(g) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not less than 15 days before the termination takes effect
that--
(1) information exists that the person did not engage in the
activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant change
in behavior, has paid an appropriate consequence for the activity
for which sanctions were imposed, and has credibly committed to not
engage in an activity described in subsection (a)(1) in the future;
or
(4) the termination of the sanctions is in the national
security interests of the United States.
(h) Sunset.--This section, and any sanctions imposed under this
section, shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(i) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means a person
that is not a United States person.
SEC. 8. SANCTIONS REPORTS.
(a) In General.--In accordance with section 7, the President shall
submit, to the appropriate congressional committees, a report that
includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions during the year preceding the
submission of the report;
(2) a description of the type of sanctions imposed with respect
to each such person;
(3) the number of foreign persons with respect to which the
President terminated sanctions under section 7 during that year;
(4) the dates on which such sanctions were imposed or
terminated, as applicable;
(5) the reasons for imposing or terminating such sanctions; and
(6) a description of the efforts of the President to encourage
the governments of other countries to impose sanctions that are
similar to the sanctions authorized under section 7.
(b) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the report required under
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 9. SENSE OF CONGRESS ON PEOPLE'S REPUBLIC OF CHINA STATE-
CONTROLLED MEDIA.
It is the sense of Congress that--
(1) the United States condemns the deliberate targeting and
harassment of democracy activists, diplomatic personnel of the
United States and other nations, and their families by media
organizations controlled by the Government of the People's Republic
of China, including Wen Wei Po and Ta Kung Po;
(2) the Secretary of State should clearly inform the Government
of the People's Republic of China that the use of media outlets to
spread disinformation or to intimidate and threaten its perceived
enemies in Hong Kong or in other countries is unacceptable; and
(3) the Secretary of State should take any activities described
in paragraph (1) or (2) into consideration when granting visas for
travel and work in the United States to journalists from the
People's Republic of China who are affiliated with any such media
organizations.
SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD CONTROL
EQUIPMENT TO HONG KONG.
It is sense of Congress that the Department of Commerce, in
conjunction with other relevant Federal departments and agencies,
should consider appropriate adjustments to the current United States
export controls with respect to Hong Kong to prevent the supply of
crowd control and surveillance equipment that could be used
inappropriately in Hong Kong.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.