[Congressional Record Volume 165, Number 162 (Tuesday, October 15, 2019)]
[House]
[Pages H8119-H8124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONG KONG HUMAN RIGHTS AND DEMOCRACY ACT OF 2019
Mr. SHERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3289) to amend the Hong Kong Policy Act of 1992 and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3289
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hong Kong
Human Rights and Democracy Act of 2019''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.
Sec. 5. Report on enforcement of United States export control and
sanctions laws by Hong Kong.
Sec. 6. Protecting United States interests with respect to Hong Kong.
Sec. 7. Sanctions relating to undermining fundamental freedoms and
autonomy in Hong Kong.
Sec. 8. Sanctions reports.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House of
Representatives;
(B) the Committee on Financial Services of the House of
Representatives;
(C) the Committee on the Judiciary of the House of
Representatives.
(D) the Committee on Foreign Relations of the Senate;
(E) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(F) the Committee on the Judiciary of the Senate.
(2) China.--The term ``China'' means the People's Republic
of China.
(3) Social credit system.--The term ``social credit
system'' means a system proposed by the Government of China
and scheduled for implementation by 2020 that would use
existing financial credit systems, public records, online
activity, and other tools of surveillance to aggregate data
on every Chinese citizen and business and use that data to
monitor, shape, and rate certain financial, social,
religious, or political behaviors.
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
[[Page H8120]]
(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 and the Government of the Hong Kong Special Autonomous
Region to uphold their commitment to the people of Hong Kong,
including providing a high degree of autonomy for Hong Kong
as articulated in the Joint Declaration and the Basic Law;
(5) 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 and the
Joint Declaration;
(6) to support freedom from arbitrary or unlawful arrest,
detention, or imprisonment for all Hong Kong residents, as
provided to them by the Basic Law and the Joint Declaration;
(7) to draw international attention to any violations by
the Government of the People's Republic of China of the
fundamental rights of the people of Hong Kong and any
encroachment upon the autonomy guaranteed to Hong Kong by the
Basic Law and the Joint Declaration;
(8) to protect United States citizens and legal permanent
residents living in Hong Kong as well as people visiting and
transiting through Hong Kong; and
(9) to maintain the economic and cultural ties that provide
significant benefits to both the United States and Hong Kong.
SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT
OF 1992.
(a) Certifications.--Title II of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended
by adding at the end the following new section:
``SEC. 205. SECRETARY OF STATE CERTIFICATION REGARDING THE
AUTONOMY OF HONG KONG.
``(a) Certification.--
``(1) In general.--The Secretary of State shall annually
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a certification, in conjunction with, and taking into
consideration the contents of, the report required in section
301, regarding whether Hong Kong continues to warrant
treatment under particular treaties, international
agreements, and United States laws, or any provisions
thereof, specified in paragraph (2) in the same manner as
such treaties, international agreements, and laws were
applied to Hong Kong as of the date of enactment of this
section.
``(2) Provisions specified.--The treaties, international
agreements, and United States laws specified in this
paragraph are the following:
``(A) Commercial agreements.
``(B) Law enforcement cooperation, including extradition
matters.
``(C) Nonproliferation commitments.
``(D) Sanctions enforcement.
``(E) Export control agreements, including enforcement of
export controls with respect to dual use technologies.
``(F) Formal treaties and agreements between the United
States and Hong Kong, including agreements related to
taxation and currency exchange.
``(G) Other particular laws of the United States, or any
provisions thereof, that accord to Hong Kong treatment
different to that accorded to the People's Republic of China.
``(H) Other bilateral or multilateral agreements determined
relevant by the Secretary.
``(3) Contents.--Each assessment under paragraph (1) shall
include an evaluation of the Government of Hong Kong's
autonomous decision-making within the executive, legislative,
and judicial branches, with respect to--
``(A) upholding the rule of law; and
``(B) protecting the rights enumerated in--
``(i) 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 (the `Joint
Declaration');
``(ii) the Basic Law of the Hong Kong Special
Administrative Region of the People's Republic of China (the
`Basic Law');
``(iii) the Universal Declaration of Human Rights, done at
Paris December 10, 1948; and
``(iv) the International Covenant on Civil and Political
Rights, done at New York December 19, 1966.
``(4) Factors 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 and the Basic Law.
``(5) Additional certifications.--Notwithstanding the
annual requirement for certifications under paragraph (1),
the Secretary of State may issue additional certifications at
any time if the Secretary determines that circumstances in
Hong Kong warrant such.
``(6) Form.--Each certification under paragraph (1) and any
additional certifications under paragraph (5) shall be
submitted in unclassified from but may include a classified
annex if the Secretary of State determines such is necessary.
``(b) Waiver.--The Secretary of State may waive the
application of subsection (a), in whole or in part, if--
``(1) the Secretary determines that such a waiver--
``(A) is in the national security interests of the United
States; or
``(B) would protect the autonomy of Hong Kong; and
``(2) on or before the date on which such a 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.
``(c) Public Availability.--The unclassified portion of the
certifications required under subsection (a) shall be made
available to the public, including through publication on the
Department of State website.''.
(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 new section:
``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO
ENTER THE UNITED STATES.
``It is the sense of Congress that applications for visas
to enter the United States, including for work or study,
which are submitted by otherwise qualified applicants from
Hong Kong should not be denied solely on the basis of
politically-motivated arrest, detention, or other adverse
government action taken against such applicants as a result
of the participation by such applicants in protest
activities, and that the Secretary of State should make
efforts to implement such policy, ensure consular officers
make determinations in accordance with such policy, and
coordinate with representatives of other countries to
encourage the adoption of compatible policies.''.
(c) Reporting Requirements.--Subsection (a) of section 301
of the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731) is amended--
(1) in the matter preceding paragraph (1), in the first
sentence, by striking ``2024'' and inserting ``2027'';
(2) in paragraph (7), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (8), by striking the period and inserting
``; and''; and
(4) by adding at the end the following new paragraphs:
``(9) China's ability to limit Hong Kong's autonomy with
respect to the treaties, international agreements, and United
States laws specified in section 205(a)(2) as result of
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;
``(10) the limitations to Hong Kong's autonomy with respect
to the treaties, international agreements, and United States
laws specified in section 205(a)(2) resulting from actions by
the Government of the Hong Kong Special Autonomous Region
that are inconsistent with its commitments under the Basic
Law or the Joint Declaration;
``(11) the specific impacts to any areas of cooperation
between the United States and Hong Kong as a result of
limits, whether self-imposed or otherwise, to Hong Kong's
autonomy, including any failures of the Hong Kong Government
to fulfill obligations with the United States under the
treaties, international agreements, and United States laws
specified in section 205(a)(2);
``(12) the specific actions taken by the United States
Government to mitigate the negative impact to United States
interests of limitations, whether self-imposed or otherwise,
to Hong Kong's autonomy or any failures to fulfill
obligations with the United States under the treaties,
international agreements, and United States laws specified in
section 205(a)(2); and
``(13) whether the rescission of special treatment under
any particular treaties, international agreements, or
particular laws of the United States, or any provisions
thereof would contribute to further erosion of Hong Kong's
autonomy.''.
SEC. 5. REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL
AND SANCTIONS LAWS BY HONG KONG.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to
the committees specified in subsection (b) a report that
includes the following:
(1) An assessment of the policies and actions of the
Government of the Hong Kong Special Autonomous Region to
enforce the Export Control Reform Act of 2018 (subtitle B of
title XVII of Public Law 115-232) and other relevant
provisions of United States law related to export controls.
(2) To the extent possible, an identification of the
following:
(A) Any items that were transferred from Hong Kong in
violation of such laws.
(B) The countries and persons to which such items were
transferred.
(C) How such items were used.
(3) An assessment of whether United States origin items
(including software, technology, and services) have been
transferred from Hong Kong to China in violation of United
States law and have been used by China for mass surveillance,
predictive policing, or for the social credit system.
(4) An assessment of the policies and actions of the
Government of the Hong Kong Special Autonomous Region to
enforce sanctions imposed by the United States and the United
Nations.
[[Page H8121]]
(5) 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--
(I) international terrorism, international narcotics
trafficking, or the proliferation of weapons of mass
destruction; or
(II) corruption and violations of human rights; or
(ii) that otherwise present a threat to the national
security, foreign policy, or economy of the United States.
(b) Committees Specified.--The committees specified in this
subsection are the following:
(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 Foreign Affairs of the House of
Representatives.
(4) The Committee on Financial Services of the House of
Representatives.
(c) Form of Report.--The report required under subsection
(a) shall be transmitted in unclassified form, but may
include a classified annex.
SEC. 6. PROTECTING UNITED STATES INTERESTS WITH RESPECT TO
HONG KONG.
(a) Policy Statements.--It is the policy to the United
States--
(1) to safeguard United States citizens and lawful
permanent residents from extradition, rendition, or abduction
to 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 as circumstances require 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) Notification to Congress.--
(1) Determination.--The Secretary of State shall, with
respect to any legislation proposed or enacted by the
Government of Hong Kong, determine, not later than 30 days
after such legislation is proposed or enacted, if such
proposed or enacted legislation would--
(A) put United States citizens or lawful permanent
residents at risk for rendition to China or other countries
with which the United States Government does not have an
extradition agreement; or
(B) otherwise have a significant negative impact on United
States interests with respect to Hong Kong.
(2) Notification.--If the Secretary of State makes a
determination in the affirmative under paragraph (1), the
Secretary shall submit to the appropriate congressional
committees a notification relating thereto that includes the
following:
(A) An assessment of the potential risks of the proposed or
enacted legislation described in such paragraph to United
States national interests, including risks to United States
citizens or lawful permanent residents residing in, traveling
to, or transiting through Hong Kong.
(B) A strategy for protecting United States interests in
Hong Kong with respect to the proposed or enacted legislation
described in such paragraph.
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 transmit to the
appropriate congressional committees a report, in accordance
with paragraph (2), that identifies each foreign person that
the President determines, based on credible information, is
knowingly responsible for any of the following:
(A) The actual or threatened rendition, arbitrary
detention, torture, or forced confession of any individual in
Hong Kong.
(B) Repeated acts or decisions which contravene the shared
obligations of China and Hong Kong under the Joint
Declaration and Basic Law and undermine the national
interests of the United States in Hong Kong's autonomy and
the rule of law.
(C) Other gross violations of internationally recognized
human rights in Hong Kong.
(2) Timing of reports.--The President shall transmit--
(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 required under paragraph (1)
not later than 15 days after any new credible information
described in such paragraph becomes available.
(3) Consideration of certain information.--In preparing the
report required under paragraph (1), the President shall
consider the following:
(A) Information provided jointly by the chairperson and
ranking member of each of the appropriate congressional
committees.
(B) Credible information obtained by other countries or
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.--A foreign person
described in subsection (a)(1) and his or her immediate
family members 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.--A foreign person 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 a foreign person if admitting or paroling such person 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 foreign 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) Termination of Sanctions.--The President may terminate
the application of sanctions under this section with respect
to a foreign person if the President determines and reports
to the appropriate congressional committees not less than 15
days before such termination takes effect that--
(1) credible information exists that such person did not
engage in the activity for which sanctions were imposed;
(2) such person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) such 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.
(g) Exception Relating to the Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions under this section shall not include the authority
or requirement to impose sanctions on the importation of
goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Definitions.--In this section:
(1) Admitted.--The term ``admitted'' has the meanings given
such term in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
[[Page H8122]]
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct,
the circumstance, or the result.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 8. SANCTIONS REPORTS.
(a) In General.--The President shall transmit to the
appropriate congressional committees a report that includes
the following:
(1) A list of each foreign person with respect to which the
President imposed sanctions under section 7 during the year
preceding the transmission of such 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 such sanctions during such year.
(4) The dates on which such sanctions were imposed or
terminated, as applicable.
(5) The reasons for imposing or terminating such sanctions.
(6) A description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to such sanctions.
(b) Form.--The report required under subsection (a) shall
be transmitted in unclassified form but may contain a
classified annex.
(c) 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.
(d) 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. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Sherman) and the gentleman from New Jersey (Mr. Smith)
each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. SHERMAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 3289.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. SHERMAN. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I want to start by thanking Mr. Smith for authoring the
measure before us.
The Hong Kong Human Rights and Democracy Act is a bill to advance our
support for the people of Hong Kong. This bill updates the longstanding
U.S. policy on Hong Kong so as to reflect what is happening on the
ground today.
The foundation of our relationship with Hong Kong was laid back in
1992 when Congress passed the Hong Kong Policy Act. That is where we
got the one country, two systems approach that paved the way for our
strong partnership with Hong Kong.
But we are watching now the Chinese Communist Party trying to break
down that system, trying to strip Hong Kong's autonomy and bring it
under full control of the government of the mainland. This has
motivated millions of Hong Kongers to take to the streets and protest
in defense of their rights. To support them, we need to make sure that
our policy is brought up to date so it can match the challenges of the
U.S.-Hong Kong relationship today.
The Hong Kong Human Rights and Democracy Act does just that. It makes
clear that the United States will stand up for Hong Kong's autonomy and
democratic aspirations of its people. It beefs up reporting so that we
can track any efforts by China to interfere in Hong Kong's affairs and
to use Hong Kong to avoid U.S. export controls. It slaps sanctions on
anyone responsible for undermining Hong Kong's autonomy or violating
Hong Kongers' humans rights.
This bill sends a strong message to China that the United States
stands with the people of Hong Kong.
Mr. Speaker, I urge my colleagues to support this measure, and I
reserve the balance of my time.
House of Representatives,
Committee on Financial Services,
Washington, DC, October 8, 2019.
Hon. Elliot Engel,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 3289, the
Hong Kong Human Rights and Democracy Act of 2019. In order to
permit the H.R. 3289 to proceed expeditiously to the House
Floor, I agree to forgo formal consideration of the bill.
The Committee on Financial Services takes this action to
forego formal consideration of H.R. 3289 in light of the
changes that have been made to the bill as introduced, which
focuses the bill on matters within the jurisdiction of the
Committee on Foreign Affairs. The Committee also does so with
our mutual understanding that, by foregoing formal
consideration of H.R. 3289 at this time, we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that our Committee will be
appropriately consulted and involved as this or similar
legislation moves forward with regard to any matters in the
Committee's jurisdiction. The Committee also reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation that involves the Committee's
jurisdiction and request your support for any such request.
Finally, I would appreciate your response to this letter
confirming this understanding, and I would ask that a copy of
our exchange of letters on this matter be included in the
Congressional Record during Floor consideration of H.R. 3289.
Sincerely,
Maxine Waters,
Chairwoman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, October 10, 2019.
Hon. Maxine Waters,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Chairwoman Waters: I am writing to you concerning H.R.
3289, the Hong Kong Human Rights and Democracy Act of 2019. I
appreciate your willingness to work cooperatively on this
legislation.
I acknowledge that provisions of the bill fall within the
jurisdiction of the Committee on Financial Services under
House Rule X, and that your Committee will forgo action on
H.R. 3289 to expedite floor consideration. I further
acknowledge that the inaction of your Committee with respect
to the bill does not waive any future jurisdictional claim
over the matters contained in the bill that fall within your
jurisdiction. I also acknowledge that your Committee will be
appropriately consulted and involved as this or similar
legislation moves forward, and will support the appointment
of Committee on Financial Services conferees during any
House-Senate conference convened on this legislation.
Lastly, I will ensure that our exchange of letters is
included in the Congressional Record during floor
consideration of the bill. Thank you again for your
cooperation regarding the legislation. I look forward to
continuing to work with you as the measure moves through the
legislative process.
Sincerely,
Eliot L. Engel,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, October 10, 2019.
Hon. Eliot L. Engel,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Chairman Engel: This is to advise you that the
Committee on the Judiciary has now had an opportunity to
review the provisions in H.R. 3289, the ``Hong Kong Human
Rights and Democracy Act of 2019'' that fall within our Rule
X jurisdiction. I appreciate your consulting with us on those
provisions. The Judiciary Committee has no objection to your
including them in the bill for consideration on the House
floor, and to expedite that consideration is willing to forgo
action on H.R. 3289, with the understanding that we do not
thereby waive any future jurisdictional claim over those
provisions or their subject matters.
In the event a House-Senate conference on this or similar
legislation is convened, the Judiciary Committee reserves the
right to request an appropriate number of conferees to
address any concerns with these or similar provisions that
may arise in conference.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have
[[Page H8123]]
worked regarding this matter and others between our
committees.
Sincerely,
Jerrold Nadler,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, October 10, 2019.
Hon. Jerrold Nadler,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: I am writing to you concerning H.R.
3289, the Hong Kong Human Rights and Democracy Act of 2019. I
appreciate your willingness to work cooperatively on this
legislation.
I acknowledge that provisions of the bill fall within the
jurisdiction of the Committee on the Judiciary under House
Rule X, and that your Committee will forgo action on H.R.
3289 to expedite floor consideration. I further acknowledge
that the inaction of your Committee with respect to the bill
does not waive any future jurisdictional claim over the
matters contained in the bill that fall within your
jurisdiction. I will also support the appointment of
Committee on the Judiciary conferees during any House-Senate
conference convened on this legislation.
Lastly, I will ensure that our exchange of letters is
included in the Congressional Record during floor
consideration of the bill. Thank you again for your
cooperation regarding the legislation. I look forward to
continuing to work with you as the measure moves through the
legislative process.
Sincerely,
Eliot L. Engel,
Chairman.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, first of all, I want to thank so many people for working
so hard on this piece of legislation: my good friend, Jim McGovern,
the principal cosponsor and just a great friend, on fighting tyranny in
China. He chairs the China Commission. I am the ranking member.
Previously, I have chaired it, and so we have gone back and forth in
working that leadership. I want to thank him especially for that.
Mr. Speaker, I also want to thank, of course, Chairman Engel and
Ranking Member McCaul, Chairman Sherman and Ranking Member Yoho for
their strong support for this bipartisan legislation.
Mr. Speaker, there are a number of staffers who I will speak about in
a moment. No. I will do it now: Scott Flipse for his great work on this
bill, it is landmark work going back to 5 years ago; Jon Stivers; Reva
Price from the Speaker's office, who has been tenacious on this
legislation; Jennifer Hendrixson-White; Bryan Burack; Janice Kaguyutan;
Theresa Lou; Darrow Godeski Merton; Doug Anderson; Piero Tozzi; Sabrina
Tsai. Just so many very good people who have all pulled together in a
bipartisan way to make sure that this legislation comes to the floor
and becomes law.
Mr. Speaker, since the 1989 Tiananmen Square massacre 30 years ago, I
have had the privilege of working with colleagues on both sides of the
aisle, including Speaker Pelosi, on human rights, the rule of law and
democracy for the People's Republic of China.
Mr. Speaker, I also want to thank Kevin McCarthy, the minority leader
here in the House, the Republican leader, who has put me on as his
selection on the China Commission and for his strong support for this
legislation as well.
We have always believed, Mr. Speaker, that every person in China
deserves better than the brutality so many endure every single day and
the systematic violations of their universally-recognized human rights.
Tragically, under President Xi Jinping, human rights abuses
throughout China have significantly worsened, including the pervasive
use of torture, religious persecution, and human trafficking.
Solemn promises made by Beijing are rarely kept, and far too many
leaders of the free world are far too eager to blindly accept fiction
over fact.
Broken promises are the rule, not the exception under Xi Jinping, and
the people of Hong Kong are suffering because of it.
During the 2014 Umbrella Movement, the world saw the courageous
people of Hong Kong demanding that Beijing not renege on promises made
to ensure universal suffrage, basic rights, and authentic elections in
2017.
Despite President Xi Jinping's brutal crackdown on protesters then
and now, triggered this time by an outrageous proposed policy to
facilitate extradition, the resolve, the courage, the tenacity, and
clarity of purpose of the people of Hong Kong shines through the
darkness like the Sun.
Two days ago, Reuters reported that President Xi Jinping told leaders
in Nepal, ``Anyone attempting to split China in any part of the country
will end in crushed bodies and shattered bones.''
President Xi's government excels in crushing bodies, shattering
bones, torturing dissidents, and filling concentration camps, massive
crimes against humanity, for which there has been little or no
accountability or sanctioning.
But today, Mr. Speaker, we are simply urging the Chinese President
and the Hong Kong Chief Executive--and we have that obligation under
our own laws--to faithfully honor the government's promises.
Honor the promises made in the 1984 Sino-British Joint Declaration
that facilitated the conveyance of Hong Kong from the United Kingdom to
China beginning on July 1, 1997, that autonomy, human rights, including
press, assembly, association, and religion, would be exactly the same
as before the handover for at least 50 years.
Honor the promises made in the ``Basic Law'' of Hong Kong adopted by
China's National People's Congress in 1990, before the giveback of Hong
Kong, that autonomy and rights would be protected.
Even before the latest round of protests, Mr. Speaker, the U.S. State
Department has noted that rights and liberties in Hong Kong have
diminished. They are not living up to their solemn promises made in
order for the Hong Kong conveyance to occur.
You know, the great young leader, Joshua Wong, reminded us that a
fourth of the population of Hong Kong, about 2 million people, turned
out for one of the peaceful protests. Mr. Speaker, where has that ever
happened?
Five years ago, Mr. Speaker, in 2014, joined by Mrs. Pelosi, I
introduced the bipartisan Hong Kong Human Rights and Democracy Act. We
did it again in 2015, in 2017, and again this year, again, with my good
friend from Massachusetts.
Our new bill, the Hong Kong Human Rights and Democracy Act, is a
blueprint for meaningful action. Specifically, the act directs the
Secretary of State to certify to Congress annually whether Hong Kong
continues to deserve special treatment under U.S. law different from
mainland China in such matters as trade, customs, sanctions
enforcement, law enforcement cooperation, and protection of human
rights and the rule of law.
It encourages the State Department not to deny visas based on an
applicant's arrest or detention for participating in nonviolent
activities in Hong Kong.
It requires an annual report from the Commerce Department on whether
the Hong Kong Government adequately enforces U.S. export controls and
sanctions laws, including on those goods and services transshipped to
North Korea, Iran, or other countries relating to the proliferation of
weapons of mass destruction, violations of human rights, narcotics
trafficking, and more.
{time} 1600
It requires an assessment of whether U.S. origin items, including
software, technology, and services, have been transferred from Hong
Kong to China in violation of U.S. law and have been used by China for
mass surveillance, predictive policing, or for the social credit
system.
Now, some people might ask: What is this social credit system? Mr.
Speaker, it is a ubiquitous, totalitarian ``brave new world'' system
scheduled for implementation by 2020 that will use public records,
online activities, and other tools of surveillance to aggregate data on
every single, solitary Chinese citizen and business and use that data
to monitor, shape, and rate financial, social, religious, or political
behaviors.
It requires the Secretary of State to submit a strategy to Congress
to protect U.S. citizens and businesses in Hong Kong from the erosion
of autonomy and the rule of law because of actions taken by the Chinese
Communist governments.
It requires the President to identify and sanction persons in Hong
Kong or in mainland China responsible for the erosion of Hong Kong's
autonomy and serious abuses of human rights.
[[Page H8124]]
It tracks the Magnitsky Act, which Mr. McGovern and I worked so hard
to enact into law, so that we deny visas and also deny the ability to
do business here to the people who are responsible for these egregious
abuses.
And it requires a waiver provision that helps ensure that our actions
protect the great people of Hong Kong and enhance the autonomy rather
than inadvertently harming it. So it gives real flexibility to the
President and to the State Department to make the right call.
Finally, Mr. Speaker, I have heard it said that the business of Hong
Kong is business. It is that. But it is also clear to me, now, that the
business of Hong Kong is freedom and democracy.
Mr. Speaker, I reserve the balance of my time.
Mr. SHERMAN. Mr. Speaker, I join with the gentleman from New Jersey
in praising the staff members who helped create these bills, not only
the one under consideration, but the other two that deal with Hong
Kong.
Mr. Speaker, I yield 4 minutes to the gentleman from Massachusetts
(Mr. McGovern), a great champion for human rights.
Mr. McGOVERN. Mr. Speaker, I rise in support of H.R. 3289, the Hong
Kong Human Rights and Democracy Act.
Mr. Speaker, I thank Congressman Chris Smith for his incredible
leadership in introducing this bipartisan legislation and for all of
his work on human rights. I also thank Chairman Engel and Ranking
Member McCaul, as well as Chairman Sherman, for their leadership and
their support of this bill and bringing it before the House today for
consideration.
Behind me is a photograph taken on Monday night in Hong Kong's Chater
Garden. It is estimated that 130,000 people took part in this rally
calling on the United States Congress to pass the Hong Kong Human
Rights and Democracy Act.
The Hong Kong people need international support, and I am proud that
the United States House of Representatives is standing in solidarity
with Hong Kong in their struggle.
While the protests were sparked by the extradition bill, the heart of
the discontent is that many of Hong Kong's political leaders do not
represent the people. Instead, Hong Kong's leaders are beholden to the
Chinese Government. Millions of Hong Kongers would not have to protest
in the streets if they could freely choose their political leaders.
Since the 2014 umbrella movement protests, the ``one country, two
systems'' framework has been rapidly eroding as free expression has
been stifled and the space for democratic participation has been
restricted. We have seen the prosecution and sentencing of prodemocracy
leaders, the disqualification and removal of prodemocracy legislators,
the abduction and arbitrary detention of booksellers, and the expelling
of a Financial Times journalist.
Hong Kong's high degree of autonomy is enshrined in the legally
binding 1984 Sino-British Joint Declaration and Hong Kong's Basic Law.
The joint declaration is an international treaty, signed by the Chinese
Government, and guarantees the protection of rights and a separate
economic system for mainland China.
I believe it is time for the United States to reconsider its policies
toward Hong Kong.
U.S.-Hong Kong relations are governed by the United States-Hong Kong
Policy Act of 1992 that commits the United States to treating Hong Kong
as a separate customs territory from the rest of China as long as Hong
Kong remains sufficiently autonomous. The Hong Kong Human Rights and
Democracy Act would require the Secretary of State to certify, on an
annual basis, whether Hong Kong continues to warrant special treatment
different from mainland China under U.S. law.
It is time we put the Chinese Government on annual notice that
further erosion of autonomy or a crackdown will cause the city, which
serves as an important financial haven for wealthy Chinese elites, to
lose its special economic, financial, and trade arrangement with the
United States.
Further, the legislation authorizes sanctions against individuals who
violate human rights and states that Hong Kong visa applicants should
not be denied entry to the United States based on politically motivated
arrests based on their protest activities.
To be clear, we stand together with the people of Hong Kong and,
indeed, all the people of China when we express our concerns about the
human rights violations of the Hong Kong and Chinese Governments.
Over the years, Hong Kong has prospered and become the financial
center of Asia because of its strong commitment to the rule of law,
good governance, human rights, and open economic system. We must use
our leverage to help the people of Hong Kong in their struggle to
secure a democratic future that protects Hong Kong's autonomy and way
of life.
Mr. Speaker, I am proud to support this legislation, and I urge all
of my colleagues to support this legislation.
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
Mr. SHERMAN. Mr. Speaker, I have no additional speakers on this side,
so I yield myself such time as I may consume for the purpose of
closing.
Mr. Speaker, I thank Mr. Smith for introducing this legislation.
Thirty years since Tiananmen Square and Chinese authorities are still
turning to violence and intimidation to crush dissent and attack basic
freedoms. With this important legislation, we send a clear signal that
the United States stands with the people of Hong Kong.
Mr. Speaker, I hope all Members will join me in supporting the
passage of this legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Sherman) that the House suspend the
rules and pass the bill, H.R. 3289, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________