[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1838 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1838
To amend the Hong Kong Policy Act of 1992, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2019
Mr. Rubio (for himself, Mr. Cardin, Mr. Risch, Mr. Menendez, Mr.
Hawley, Mr. King, Mr. Markey, and Mr. Cotton) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
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 enforcement of United States export control
and sanctions laws by Hong Kong.
Sec. 6. Protecting United States citizens and others from rendition to
mainland China.
Sec. 7. Identification of persons responsible for abductions and for
other actions to suppress basic freedoms in
Hong Kong.
Sec. 8. Inadmissibility of certain aliens and family members.
Sec. 9. Financial measures.
Sec. 10. Reports to Congress.
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 of the Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Relations 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 Armed Services of the House of
Representatives;
(G) the Committee on Financial Services of the
House of Representatives;
(H) the Committee on Foreign Affairs 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.
(3) China.--The term ``China'' means the People's Republic
of China.
(4) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.
(5) Social credit system.--The term ``social credit
system'' means a system proposed by the Government of China,
scheduled to be implemented by 2020, that would aggregate data
on every Chinese citizen and business from existing financial
credit systems, mass surveillance, public records, online
activity, and artificial intelligence to expand the notion of a
financial credit score, potentially rewarding or punishing
certain financial, social, religious, or political behaviors.
(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;
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. 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'';
(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 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 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''), the International Covenant on Civil and
Political Rights, done at New York December 19, 1966, the
Universal Declaration of Human Rights, done at Paris December
10, 1948, and 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'');
(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 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;
(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;
(8) to protect United States citizens and long-term
permanent residents living in Hong Kong and those visiting and
transiting through Hong Kong; and
(9) to maintain the economic and cultural ties that provide
significant benefits to the United States and 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 inserting ``or after'' after
``entered into before''; and
(2) adding at the end the following:
``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF HONG
KONG.
``(a) Report.--
``(1) In general.--The Secretary of State shall annually
certify to Congress, in conjunction with the report required
under section 301, whether Hong Kong is sufficiently autonomous
to justify special treatment by the United States for bilateral
agreements and programs, in accordance with this Act, including
the degree to which Hong Kong's autonomy has been eroded due to
actions taken by the Government of China that are inconsistent
with its commitments in the Basic Law and the Joint Declaration
and the impact of such erosion on specific areas of cooperation
with the United States, including on political rights, civil
liberties, rule of law, freedom of information, religious
freedom, and democratic governance in Hong Kong.
``(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, 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.''.
(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) Statement of Policy.--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, 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 the electoral process, internationally recognized
human rights, protecting an independent judiciary, or the rule of law.
``(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 consular officers
posted to Hong Kong, Beijing, Guangzhou, or Macau;
``(2) instructing the United States Consulate in Hong Kong
to maintain an active list of individuals whom are known to
have been detained, arrested, or otherwise targeted by the
Government of Hong Kong or of China, or intermediaries of such
governments, as a result of their participation in the 2014
protests, to facilitate the cross-checking of visa applications
for Hong Kong residents;
``(3) amending the physical and online versions of the visa
application, as necessary, to notify relevant applicants of
such policy; and
``(4) instructing personnel at the United States Consulate
in Hong Kong to engage with relevant individuals in the Hong
Kong community to proactively inform them that they will not
face discrimination when 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 or other peaceful pro-democracy or human rights
demonstrations.
``(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--
``(1) to inform them of the United States policy regarding
arrests for participation in nonviolent protests in Hong Kong;
``(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 China; and
``(3) to offer to share information, as appropriate,
regarding the execution of such policy, including information
regarding persons eligible for relief under such policy.''.
SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL
AND SANCTIONS LAWS BY HONG KONG.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, 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 whether the Government of Hong Kong
has adequately enforced the export control laws of the United
States with respect to sensitive dual-use items;
(2) to the extent possible, an identification of--
(A) any items that were reexported from Hong Kong
in violation of such laws;
(B) the countries and persons to which such items
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 China;
(4) an assessment of the efforts by the Government of China
to use the status of Hong Kong as a separate customs territory
to import items into China in violation of the export control
laws of the United States, whether as part of the Greater Bay
Area plan, the assignment of Hong Kong by Beijing 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 States
and the United Nations; and
(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.
(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
MAINLAND CHINA.
(a) Findings.--Congress makes the following findings:
(1) The proposed amendments to Hong Kong's Fugitive
Ordinance, if enacted--
(A) would allow rendition from Hong Kong of
residents or foreign nationals to countries--
(i) with criminal procedure systems that
lack strong protections for the rights of
defendants; or
(ii) in which the law is used as to repress
internationally recognized human rights,
including to mainland China;
(B) would remove independent legislative oversight
and appropriate judicial review of extradition
requests;
(C) may increase the influence of the Government of
China in Hong Kong and further erode the autonomy
guaranteed Hong Kong by the Joint Declaration; and
(D) would erode Hong Kong's reputation as a center
of commerce and freedom governed by the rule of law.
(2) The Government of China has subjected Chinese and
foreign nationals, including citizens of the United States,
Canada, Australia, Sweden, and Taiwan, to arbitrary detention,
televised confessions, denial of legal representation and
medical treatment, and other type of mistreatment.
(b) Policy Statements.--It is the policy of the United States--
(1) to ensure that United States citizens are protected
from rendition to mainland China;
(2) 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
(3) pursuant to section 201(b) of such Act (22 U.S.C.
5721(b)), to decide 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.
(c) Response to Threat of Rendition.--If the proposed amendments to
Hong Kong's Fugitive Offenders Ordinance are enacted, and the amended
law allows renditions to countries that lack protection for the rights
of defendants--
(1) not later than 30 days after the date of the enactment
of such amendments, the President shall submit a report to the
appropriate congressional committees that--
(A) assesses whether the Government of Hong Kong is
``legally competent'' to administer the United States-
Hong Kong Agreement for the Surrender of Fugitive
Offenders;
(B) determines whether any additional authorities
are needed to revise or withdraw from that treaty to
protect United States citizens and national security
and to support the guaranteed protections of the Joint
Declaration; and
(C) includes a strategy for protecting United
States citizens from rendition to mainland China from
Hong Kong, including an assessment of--
(i) whether additional resources are needed
for American Citizen Services at the United
States Consulate in Hong Kong; and
(ii) whether the Department of State will
revise the travel advisory for Hong Kong to
reflect the potential impact of the revised
Fugitive Offenders Ordinance on United States
residents and individuals traveling to, or
transiting through, Hong Kong; and
(2) if the Government of Hong Kong enacts a new law
regarding national security, pursuant to Article 23 of the
Basic Law, the President and the Secretary of State shall take
the actions required under paragraph (1) and any additional
actions required under section 202 of the United States-Hong
Kong Policy Act of 1992 (U.S.C. 5722) unless Secretary of State
certifies that--
(A) the new law does not violate the guarantees of
the Joint Declaration; and
(B) the internationally recognized human rights of
Hong Kong citizens and foreign residents will not be
restricted as a result of the new law's implementation.
SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR ABDUCTIONS 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, and annually thereafter in conjunction with the
publication of the report required under section 301 of the Hong Kong
Policy Act of 1992 (22 U.S.C. 5731) the President shall submit, to the
appropriate congressional committees, a list containing the name of
each person who the President determines, based on credible
information, is responsible for--
(1) the surveillance, abduction, detention, abuse, or
forced confession of Gui Minhai, Lee Bo, Lam Wing-kee, Lui Bo,
or Cheung Chi-ping, all of whom are involved in the operation
of the Mighty Current Publishing House based in Hong Kong;
(2) 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) the rendition to the mainland of the People's Republic
of China of any individual, or the arbitrary detention,
torture, or forced confession of any individual after
rendition, in connection with the exercise by that individual
of internationally recognized human rights in Hong Kong,
including such individuals extradited to the mainland of the
People's Republic of China under any amended fugitive offenders
ordinance in Hong Kong.
(b) Consideration of Certain Information.--In preparing the list
required under subsection (a), the President shall consider--
(1) information provided by the chairperson and ranking
member of each of the appropriate congressional committees; and
(2) credible information obtained by other countries or
nongovernmental organizations, including organizations inside
China or Hong Kong, that monitor the human rights abuses of the
Government of the China or its agents.
(c) 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 and ranking member of 1 of
the appropriate congressional committees with respect to
whether a person meets the criteria for being added to the list
required under subsection (a), the President shall submit a
response to the chairperson and ranking member of the committee
that made the request with respect to the status of the person.
(2) Information about removal decisions.--If the President
removes from the list required under subsection (a) a person
that was placed on the list at the request of the chairperson
and ranking member of 1 of the appropriate congressional
committees, the President shall provide the chairperson and
ranking member with any information that contributed to the
decision to remove the person.
(3) Form.--The President may submit a response required
under paragraph (1) in classified form if the President
determines that such classification is vital to the national
security interests of the United States.
SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY MEMBERS.
(a) In General.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(J) Certain aliens responsible for abductions or
extraditions from hong kong.--Any alien included in the
list submitted by the President under section 7(a) of
the Hong Kong Human Rights and Democracy Act of 2019 is
inadmissible.''.
(b) Current Visas Revoked.--
(1) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or a
designee of either Secretary) shall revoke any visa or other
entry documentation issued to any alien who is included on the
list required under section 7(a), regardless of when such visa
or entry documentation was issued.
(2) Effective date.--Revocations under paragraph (1) shall
take effect on the date such action is taken 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, with
respect to an alien, the application of section 212(a)(2) of
the Immigration and Nationality Act, as amended by subsection
(a), or the application of subsection (b) if the Secretary--
(A) determines that such 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 to the national security
interests of the United States; and
(B) before granting such waiver, 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 may be necessary to carry out this section.
SEC. 9. FINANCIAL MEASURES.
(a) Blocking of Property.--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 block and
prohibit all transactions in all property and interests in property of
a person on the list required under section 7(a) if such property and
interests in property--
(1) are in the United States;
(2) come within the United States; or
(3) are or come within the possession or control of a
United States person.
(b) Exception for Importation of Goods.--
(1) In general.--The requirement to impose sanctions under
subsection (a) shall not include the authority to impose
sanctions with respect to the importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(c) Waiver for National Security Interests.--The President may
waive the application of subsection (a) if the President--
(1) determines that such waiver is vital for the national
security interests of the United States; and
(2) not later than 15 days before granting the waiver,
submits to the appropriate congressional committees notice of,
and a justification for, the waiver.
(d) Enforcement.--
(1) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) 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 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
to the extent necessary 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 on the list required under section 7(a) to certify to
the Secretary that, to the best of the knowledge of the
financial institution, the financial institution has blocked
all assets within the possession or control of the financial
institution in accordance with subsection (a).
(3) Notification to congress.--Not later than 10 days
before prescribing or revising regulations under paragraph (2),
the President shall notify the appropriate congressional
committees of the proposed regulations and the provisions of
this Act or amendments made by this Act that the regulations
are implementing.
(e) Rulemaking.--The Secretary of the Treasury shall issue such
regulations, licenses, and orders as may be necessary to carry out this
section.
SEC. 10. REPORTS TO CONGRESS.
(a) In General.--The President shall submit a report to the
appropriate congressional committees that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 8 or 9 during
the 1-year period 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--
(A) imposed sanctions under section 8 or 9 during
that year; and
(B) terminated sanctions under section 8 or 9
during that year;
(4) the dates on which such sanctions were imposed or
terminated; and
(5) the reasons for imposing or terminating such sanctions.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 1 year after the
date of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a
report under subsection (a) on December 10, or the
first day thereafter on which both Houses of Congress
are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before December 10 of that calendar
year; and
(ii) each calendar year thereafter.
(c) Form of Report.--
(1) In general.--Each report required under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Exception.--The name of a foreign person to be included
in the list required under subsection (a)(1) may not be
included in the classified annex authorized under paragraph (1)
unless the President--
(A) determines that such inclusion is vital to the
national security interests of the United States;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before including such
name in the classified annex, provides to the
appropriate congressional committees notice of, and a
justification for, including the name in the classified
annex despite any publicly available credible
information indicating that the person engaged in an
activity described in section 8 or 9.
(d) Public Availability.--
(1) In general.--The unclassified portion of the report
required under subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required under subsection (a)(1) without regard to the
requirements under 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.
<all>