[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1838 Reported in Senate (RS)]
<DOC>
Calendar No. 238
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, Mr. Cotton, Mr. Cramer, Mr. Toomey, Mr.
Durbin, Mrs. Gillibrand, Ms. Collins, Mr. Coons, Mr. Whitehouse, Mr.
Cornyn, Mr. Wicker, Mr. Warner, Mr. Merkley, Mr. Young, Mr. Wyden, Mrs.
Shaheen, and Mr. Romney) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
September 26, 2019
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Hong Kong
Human Rights and Democracy Act of 2019''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Statement of policy.
<DELETED>Sec. 4. Amendments to the United States-Hong Kong Policy Act
of 1992.
<DELETED>Sec. 5. Annual report on enforcement of United States export
control and sanctions laws by Hong Kong.
<DELETED>Sec. 6. Protecting United States citizens and others from
rendition to mainland China.
<DELETED>Sec. 7. Identification of persons responsible for abductions
and for other actions to suppress basic
freedoms in Hong Kong.
<DELETED>Sec. 8. Inadmissibility of certain aliens and family members.
<DELETED>Sec. 9. Financial measures.
<DELETED>Sec. 10. Reports to Congress.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Armed Services of the
Senate;</DELETED>
<DELETED> (B) the Committee on Banking, Housing, and
Urban Affairs of the Senate;</DELETED>
<DELETED> (C) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (D) the Committee on Homeland Security and
Governmental Affairs of the Senate;</DELETED>
<DELETED> (E) the Committee on the Judiciary of the
Senate;</DELETED>
<DELETED> (F) the Committee on Armed Services of the
House of Representatives;</DELETED>
<DELETED> (G) the Committee on Financial Services of
the House of Representatives;</DELETED>
<DELETED> (H) the Committee on Foreign Affairs of
the House of Representatives;</DELETED>
<DELETED> (I) the Committee on Homeland Security of
the House of Representatives; and</DELETED>
<DELETED> (J) the Committee on the Judiciary of the
House of Representatives.</DELETED>
<DELETED> (3) China.--The term ``China'' means the People's
Republic of China.</DELETED>
<DELETED> (4) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 5312
of title 31, United States Code.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. STATEMENT OF POLICY.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the United States has ``a strong
interest in the continued vitality, prosperity, and
stability of Hong Kong'';</DELETED>
<DELETED> (B) ``[s]upport for democratization is a
fundamental principle of United States foreign
policy'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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'');</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) to protect United States citizens and long-
term permanent residents living in Hong Kong and those visiting
and transiting through Hong Kong; and</DELETED>
<DELETED> (9) to maintain the economic and cultural ties
that provide significant benefits to the United States and Hong
Kong.</DELETED>
<DELETED>SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT
OF 1992.</DELETED>
<DELETED> (a) Report.--Title II of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended--</DELETED>
<DELETED> (1) in section 201(b), by inserting ``or after''
after ``entered into before''; and</DELETED>
<DELETED> (2) adding at the end the following:</DELETED>
<DELETED>``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY
OF HONG KONG.</DELETED>
<DELETED> ``(a) Report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Waiver Authority.--The Secretary of State may waive
the application of subsection (a) if the Secretary--</DELETED>
<DELETED> ``(1) determines that such a waiver is in the
national security interests of the United States; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO
STUDY OR WORK IN THE UNITED STATES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) providing specialized training for consular
officers posted to Hong Kong, Beijing, Guangzhou, or
Macau;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) amending the physical and online versions of
the visa application, as necessary, to notify relevant
applicants of such policy; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) to inform them of the United States policy
regarding arrests for participation in nonviolent protests in
Hong Kong;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) to offer to share information, as
appropriate, regarding the execution of such policy, including
information regarding persons eligible for relief under such
policy.''.</DELETED>
<DELETED>SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED STATES EXPORT
CONTROL AND SANCTIONS LAWS BY HONG KONG.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) to the extent possible, an identification of--
</DELETED>
<DELETED> (A) any items that were reexported from
Hong Kong in violation of such laws;</DELETED>
<DELETED> (B) the countries and persons to which
such items were reexported; and</DELETED>
<DELETED> (C) how such items were used;</DELETED>
<DELETED> (3) an assessment of whether sensitive dual-use
items subject to the export control laws of the United States
are being--</DELETED>
<DELETED> (A) transshipped through Hong Kong;
and</DELETED>
<DELETED> (B) used to develop--</DELETED>
<DELETED> (i) the Sharp Eyes, Skynet,
Integrated Joint Operations Platform, or other
systems of mass surveillance and predictive
policing; or</DELETED>
<DELETED> (ii) the ``social credit'' system
of China;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) an assessment of whether the Government of
Hong Kong has adequately enforced sanctions imposed by the
United States and the United Nations; and</DELETED>
<DELETED> (6) a description of the types of goods and
services transshipped or reexported through Hong Kong in
violation of such sanctions to--</DELETED>
<DELETED> (A) North Korea or Iran; or</DELETED>
<DELETED> (B) other countries, regimes, or persons
subject to such sanctions for engaging in activities--
</DELETED>
<DELETED> (i) relating to international
terrorism, international narcotics trafficking,
or the proliferation of weapons of mass
destruction; or</DELETED>
<DELETED> (ii) that otherwise present a
threat to the national security, foreign
policy, or economy of the United
States.</DELETED>
<DELETED> (b) Committees Specified.--The committees specified in
this subsection are--</DELETED>
<DELETED> (1) the Committee on Foreign Relations of the
Senate;</DELETED>
<DELETED> (2) the Committee on Banking, Housing, and Urban
Affairs of the Senate;</DELETED>
<DELETED> (3) the Committee on Commerce, Science, and
Transportation of the Senate;</DELETED>
<DELETED> (4) the Committee on Foreign Affairs of the House
of Representatives; and</DELETED>
<DELETED> (5) the Committee on Energy and Commerce of the
House of Representatives.</DELETED>
<DELETED> (c) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.</DELETED>
<DELETED>SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM
RENDITION TO MAINLAND CHINA.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) The proposed amendments to Hong Kong's
Fugitive Ordinance, if enacted--</DELETED>
<DELETED> (A) would allow rendition from Hong Kong
of residents or foreign nationals to countries--
</DELETED>
<DELETED> (i) with criminal procedure
systems that lack strong protections for the
rights of defendants; or</DELETED>
<DELETED> (ii) in which the law is used as
to repress internationally recognized human
rights, including to mainland China;</DELETED>
<DELETED> (B) would remove independent legislative
oversight and appropriate judicial review of
extradition requests;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) would erode Hong Kong's reputation as
a center of commerce and freedom governed by the rule
of law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Policy Statements.--It is the policy of the United
States--</DELETED>
<DELETED> (1) to ensure that United States citizens are
protected from rendition to mainland China;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) includes a strategy for protecting
United States citizens from rendition to mainland China
from Hong Kong, including an assessment of--</DELETED>
<DELETED> (i) whether additional resources
are needed for American Citizen Services at the
United States Consulate in Hong Kong;
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the new law does not violate the
guarantees of the Joint Declaration; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR ABDUCTIONS
AND FOR OTHER ACTIONS TO SUPPRESS BASIC FREEDOMS IN HONG
KONG.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Consideration of Certain Information.--In preparing
the list required under subsection (a), the President shall consider--
</DELETED>
<DELETED> (1) information provided by the chairperson and
ranking member of each of the appropriate congressional
committees; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Requests by Chairperson and Ranking Member of
Appropriate Congressional Committees.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY
MEMBERS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Current Visas Revoked.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Waiver for National Security Interests.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) determines that such waiver--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) is vital to the national
security interests of the United States;
and</DELETED>
<DELETED> (B) before granting such waiver, provides
to the appropriate congressional committees notice of,
and a justification for, the waiver.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Regulatory Authority.--The Secretary of State shall
prescribe such regulations as may be necessary to carry out this
section.</DELETED>
<DELETED>SEC. 9. FINANCIAL MEASURES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) are in the United States;</DELETED>
<DELETED> (2) come within the United States; or</DELETED>
<DELETED> (3) are or come within the possession or control
of a United States person.</DELETED>
<DELETED> (b) Exception for Importation of Goods.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Waiver for National Security Interests.--The President
may waive the application of subsection (a) if the President--
</DELETED>
<DELETED> (1) determines that such waiver is vital for the
national security interests of the United States; and</DELETED>
<DELETED> (2) not later than 15 days before granting the
waiver, submits to the appropriate congressional committees
notice of, and a justification for, the waiver.</DELETED>
<DELETED> (d) Enforcement.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Rulemaking.--The Secretary of the Treasury shall issue
such regulations, licenses, and orders as may be necessary to carry out
this section.</DELETED>
<DELETED>SEC. 10. REPORTS TO CONGRESS.</DELETED>
<DELETED> (a) In General.--The President shall submit a report to
the appropriate congressional committees that includes--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) a description of the type of sanctions imposed
with respect to each such person;</DELETED>
<DELETED> (3) the number of foreign persons with respect to
which the President--</DELETED>
<DELETED> (A) imposed sanctions under section 8 or 9
during that year; and</DELETED>
<DELETED> (B) terminated sanctions under section 8
or 9 during that year;</DELETED>
<DELETED> (4) the dates on which such sanctions were imposed
or terminated; and</DELETED>
<DELETED> (5) the reasons for imposing or terminating such
sanctions.</DELETED>
<DELETED> (b) Dates for Submission.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Subsequent reports.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) each calendar year
thereafter.</DELETED>
<DELETED> (c) Form of Report.--</DELETED>
<DELETED> (1) In general.--Each report required under
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) determines that such inclusion is
vital to the national security interests of the United
States;</DELETED>
<DELETED> (B) uses the annex in a manner consistent
with congressional intent and the purposes of this Act;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Public Availability.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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, based on credible information, is
responsible for--
(A) the extrajudicial rendition, arbitrary
detention, torture, or forced confession 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 credible 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) credible 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.
(C) Exception to comply with international
obligations.--Sanctions under this paragraph shall not
apply with respect to an alien if admitting or paroling
the alien into the United States is necessary to permit
the United States to comply with the Agreement
regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and
the United States, or other applicable international
obligations.
(3) 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) Exception Relating to Importation of Goods.--
(1) 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.
(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.
(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) credible 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) 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) Public Availability.--The unclassified portion of the report
required under subsection (a) shall be made available to the public,
including through publication in the Federal Register.
(c) 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.
Calendar No. 238
116th CONGRESS
1st Session
S. 1838
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A BILL
To amend the Hong Kong Policy Act of 1992, and for other purposes.
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September 26, 2019
Reported with an amendment