[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

_______________________________________________________________________

                                 A BILL

   To amend the Hong Kong Policy Act of 1992, and for other purposes.

_______________________________________________________________________

                           September 26, 2019

                       Reported with an amendment