[Congressional Record Volume 165, Number 185 (Tuesday, November 19, 2019)]
[Senate]
[Pages S6650-S6660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            HONG KONG HUMAN RIGHTS AND DEMOCRACY ACT OF 2019

  Mr. RUBIO. Mr. President, in a moment here, as my colleagues gather, 
we hope to pass the Hong Kong Human Rights and Democracy Act.
  I first acknowledge all of the people who worked so hard on it--our 
staffs, obviously, and, in addition, Senators Cardin, Risch, Menendez, 
and over 50 cosponsors, many of whom will join us here this evening. I 
also thank Leaders McConnell and Schumer for their support in helping 
us get here. I thank Chairman Crapo, who has helped us make some 
important changes at the end that will make the sanctions easier to 
implement.
  A lot of people have been watching on the news the protests that have 
been going on in Hong Kong and are wondering as to, perhaps, the depths 
of what it is all about.
  When the United Kingdom handed Hong Kong over to China, they signed 
an agreement that is known as the Joint Declaration. It basically 
guarantees a high degree of autonomy and freedom of the people of Hong 
Kong. As a result of that agreement, the United States has treated 
commerce and trade with Hong Kong differently than it has its 
commercial and trade activity with the mainland of China. What has 
happened over the last few years is the steady effort, on the part of 
Chinese authorities, to erode that autonomy and those freedoms.
  The most recent protests really began with a proposal to pass an 
extradition law that would allow the Chinese Government to basically 
have arrested and extradite someone in Hong Kong over to the mainland. 
There was a huge pushback against that, and protests emerged as a 
result of it. Even though the Government of Hong Kong has pulled out 
from pursuing that law, the protests have continued because the people 
of Hong Kong have seen what is coming. They see the steady effort to 
erode their autonomy and their freedoms.
  The response by the Hong Kong authorities, with its having been under 
tremendous pressure from Beijing, has been that of violence and 
repression. So far, over 5,000 people have been arrested in Hong Kong. 
The youngest has been 12 years of age. The oldest has been 82. Hundreds 
more have been injured by violence committed by police authorities but 
also by street gangs--criminals, thugs--who have been empowered and 
encouraged by the Chinese authorities.
  This effort by China to exert control and remove autonomy continues 
unabated. Here are some examples. There was a law that was passed that 
banned wearing masks, and a Hong Kong court ruled that the ban was 
unconstitutional. The so-called National People's Congress in Beijing 
today ruled that Hong Kong courts have no authority--no power--to 
review Hong Kong Government legislation. Under pressure from Beijing, 
the Government of Hong Kong threatened to cancel the November 24 
elections--elections, by the way, that China has been interfering in. 
China has pushed to ban critics, like Joshua Wong, from running. Seven 
candidates who are running have been attacked by street gangs during 
this campaign, and two candidates have been arrested while campaigning.
  And now for the latest move, China is pushing the Hong Kong 
Government to pass what they call the new national security law--a law 
that would allow them to arrest political critics and opponents. If 
this passes, if that happens, that is the very definition of control 
and de facto proof of all loss of autonomy.
  By the way, China is also pushing for something very ominous. They 
call it patriotic education. What China is really pushing for in Hong 
Kong is moving from ``one country, two systems'' to ``one country, one 
system''--the Chinese system.
  So the bill that we will bring up here in a moment, with tremendous 
bipartisan support, requires five quick things that I will touch on.
  First, its most important element is that it requires the Secretary 
of State to annually certify whether Hong Kong warrants being treated 
differently than China. If Hong Kong is no longer autonomous--and that 
is the rationale for different treatment--then, they should no longer 
receive that treatment.
  It says that students in Hong Kong shouldn't be barred from entering 
the United States or getting a visa to study here, for example, because 
they have been the subject of a politically motivated arrest or 
detention.
  It says that for the next 7 years, the Secretary of Commerce is going 
to report on whether export controls and sanction laws are being 
enforced by the Government of Hong Kong or whether

[[Page S6651]]

China is using Hong Kong as a back door to evade export controls and 
sanctions.
  It says that if Hong Kong ultimately returns and passes that 
extradition bill that China wants, the President has to present a plan 
to protect Americans from this law.
  Last but not least, it mandates that the President identify and 
sanction foreigners the President determines, based on credible 
information, who are responsible for extraditions, for arbitrary 
detention, for torture, or for forced confessions inside of Hong Kong 
or any other human rights violations in Hong Kong.
  By the way, it would also allow blocking the assets of these persons 
if those assets are located here in the United States.
  So, in a moment here, as we continue to gather, we are waiting the 
arrival of companion legislation.
  I yield the floor because I know we have lot of important sponsors 
that are here who want to speak on the subject.
  The PRESIDING OFFICER (Ms. McSALLY). The Senator from Idaho.
  Mr. RISCH. Madam President, first of all, this is an important step 
that we are taking here. This is a matter that we have been discussing 
for a long time. There has been a lot of action on it, and I want to 
thank Senator Rubio and Senator Cardin, who are the lead supporters of 
this bill and who have, on behalf of the committee, done yeoman's work 
getting it together and getting the bipartisan compromise to get the 
language here. Also, virtually all members of the committee have had 
fingerprints on this bill, and so in that regard, I think it is going 
to pass quite handily.
  I want to thank the Banking staff, particularly my colleague from 
Idaho, Senator Crapo, who, of course, has the expertise--the Banking, 
Housing, and Urban Affairs Committee--on these kinds of things on 
sanctions. They were very helpful in hammering out the language that we 
needed for the sanctions.
  I want to thank the Banking, Housing, and Urban Affairs Committee 
staff, who were helpful.
  I want to thank the staff of the Foreign Relations Committee, who 
work for us--both the minority staff, Senator Menendez's staff, and my 
staff, the majority staff--for doing this and all of the people who 
worked on this. So thank you to all of you.
  Since June, millions of people in Hong Kong have taken to the streets 
protesting the erosion of their rights and freedoms.
  Hong Kong was supposed to maintain a high degree of autonomy after 
China regained sovereignty over the territory in 1997. This wasn't just 
a verbal understanding. This was in the treaty that China signed with 
Great Britain. However, since that time, China has gradually chipped 
away at Hong Kong's autonomy, and this is now becoming a real problem.
  China now refers to its treaty with Great Britain as ``a historical 
document,'' and says it is no longer bound by its terms. This is just 
one of many examples that show that the Chinese Government has no 
respect for the rule of law.
  After two decades of broken commitments, it is past time that we hold 
the Chinese Communist Party accountable. What it is doing in Hong Kong 
is just wrong.
  That is why I am proud to join Senator Rubio and Senator Cardin and 
all the others who have had hands on this bill in bringing the Hong 
Kong Human Rights and Democracy Act to the Senate floor. This bill is 
the result of a strong, strong bipartisan consensus that we must act in 
support of the Hong Kong people.
  Thank you all for helping. We will get to the unanimous consent here 
in a little bit.
  I yield the floor to Senator Cardin.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Madam President, let me first thank Senator Rubio for his 
leadership on this issue and Senator Menendez and Senator Risch for 
their leadership in our committee and so many others who have been 
involved, because tonight we have a chance to reaffirm our commitment 
for human rights and democracy.
  That is exactly what our legislation does. It recognizes the fact 
that for 24 consecutive weeks, the people of Hong Kong have been asking 
for their basic democracy and freedom.
  On Monday, it was reported--just yesterday--that police fired 1,458 
rounds of tear gas, 1,391 rubber bullets, 325 beanbag rounds, and 265 
sponge grenades--that is just yesterday--on peaceful protesters.
  They are asking nothing more than to exercise the rights they were 
told would be protected to express their views and to be able to have 
democracy in Hong Kong, which is the way it was in the previous time.
  Senator Rubio and I introduced legislation, and the chairman and 
ranking member of the Foreign Relations Committee, Senator Risch and 
Menendez, joined us, and we passed this bipartisan legislation on June 
13. It reaffirms the principles set forth in the United States-Hong 
Kong Policy Act of 1992, which supports democratization, human rights, 
and the autonomy of Hong Kong.
  Now, Senator Rubio already talked about this, but this is a very 
important thing. We gave Hong Kong a special status in its relationship 
with the United States that China does not enjoy, and we gave them that 
special status upon their protecting democracy and human rights in Hong 
Kong. That was the commitment.
  If they don't comply with that, this special status should no longer 
be available, and this legislation requires that we get information on 
a regular basis as to whether China is respecting the rights that we 
put in our legislation in 1992, that they notify us on a regular 
timeframe. That is an important point, because if they don't, we 
shouldn't give them that protected status.

  Secondly, it identifies persons who suppress basic freedoms, similar 
to the Magnitsky Act sanctions. Those that are taking away the human 
rights of the people of Hong Kong would be subject to the same type of 
visa restrictions to visit America and to use our banking system. That 
makes a great deal of sense, and we know that is pretty effective.
  So it is time that we back up our words and our commitment to 
supporting Hong Kong's democratization, human rights, and autonomy with 
action. Let's make sure the people of Hong Kong know that the U.S. 
Congress and the American people stand in solidarity with them, as the 
Chinese authorities, as we speak, are repressing the legitimate rights 
of the people of Hong Kong. We can stand with the people of Hong Kong 
for democracy and human rights by our actions this evening.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. Madam President, I rise in support of the motion that 
shortly will be made by our colleague, the Senator from Florida. I want 
to congratulate Senator Cardin and him for their leadership in this 
regard. I appreciate the chairman and myself having joined them and 
moving this expeditiously through the committee, and I am looking 
forward to its critical passage on the floor. Time is of the essence.
  The people of Hong Kong are fighting for their lives. Six months ago, 
millions of Hong Kong citizens took to the streets to peacefully 
protest the erosion of their democracy and their rights. Now, half a 
year later, we find mounting anger and unrest, with the violence 
against students and protesters--most dramatically, in the crackdown on 
Hong Kong Polytechnic University--only getting worse.
  People are being shot. Universities are being burned. The violence 
perpetrated by the authorities in Hong Kong and, by extension, Beijing 
are turning the city into a battlefield.
  This is not the Hong Kong that any of us want to see. The special 
character of Hong Kong is one of the world's great success stories. The 
vibrancy of the people of Hong Kong, especially its young people and 
the rising generation of leaders standing up for democracy and self-
governance, should inspire all of us.
  We admire Hong Kong's success as a burgeoning economic powerhouse, 
and we admire the vibrant and autonomous civil society and civic life 
that has flourished under the ``one country, two systems'' principle.
  Hong Kong is one of the remarkable success stories of the Indo-
Pacific--one

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of the most remarkable success stories of China and the Chinese 
people--and it is a success worth protecting.
  I call on the police to act professionally and to treat its fellow 
citizens with respect and restraint. We call for Beijing and the Hong 
Kong authorities to address the noble and legitimate aspirations of the 
people of Hong Kong.
  In these turbulent times, the Congress of the United States must lead 
with our values. We must stand on the side of freedom and human 
dignity, and we must send a clear and uncompromising statement that 
America stands with the people of Hong Kong in their quest to maintain 
their self-governance and autonomy, to safeguard their human rights, to 
exercise their democratic freedom, and to determine their own future.
  The House of Representatives already passed their version of this 
bill, and the situation in Hong Kong grows more tenuous by the day. 
That is why the United States should and must act today.
  I look forward to the passage of this bill without delay. Let us work 
to hold China accountable for the erosion of democracy in Hong Kong, 
and let us together send a message to the people of Hong Kong that 
their cries for democracy and freedom have been heard through both 
Chambers of the U.S. Congress, and that America stands with them in 
their call for justice and self-determination.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. COTTON. Madam President, the Hong Kong Human Rights and Democracy 
Act is really about promises--making promises and keeping promises. 
Unfortunately, the Chinese Communist Party has a long history of making 
promises but not keeping them.
  You can ask a rice farmer from Stuttgart. You can ask a software 
programmer from Fayetteville, a factory worker from Fort Smith, or a 
Christian missionary from Searcy.
  In this case, China promised in 1984 that it would uphold the ``one 
country, two systems'' approach to Hong Kong when it took over in 1997, 
a promise to preserve the freedoms that have made Hong Kong 
distinctive--the freedom to practice one's religion as one sees fit, to 
speak one's mind, and to participate in the political process.
  But that is just another promise they are on the verge of breaking. 
Apparently, the ``one country, two systems'' approach can't satisfy 
Beijing's rapacious appetite. They look at and covet Hong Kong's 
wealth, and they fear and loathe its freedom, which stands in shining 
contrast to the Orwellian oppression on the mainland. In fact, they 
fear that mainland Chinese might look across the bay and start to get 
ideas.
  So the Chinese Communist Party has been breaking its promises to Hong 
Kong and to the world, waging a brutal campaign to absorb Hong Kong 
into its dystopian, high-tech dictatorship.
  Hongkongers are bravely resisting in the face of this kind of 
escalating violence. In recent days, Hong Kong security forces have 
shot a protestor in the stomach. They have trapped hundreds of students 
in the university, using rubber bullets and tear gas on them. They have 
threatened them with mass arrest.
  Beijing's propagandists have been hinting that even harsher measures 
are on the way.
  An article in the party-controlled China Daily argues that Beijing 
must accelerate Hong Kong's integration with the mainland and then 
reeducate Hongkongers, just like they are doing on a mass scale to 1 
million Uighurs in concentration camps in Xinjiang.
  I said this in the summer when the protests started. Let me say it 
again. It would be a grave mistake of historic proportion--surpassing 
the massacre of Tiananmen Square--if Beijing were to impose martial 
law, occupy, or otherwise crackdown on Hong Kong.
  But the Hong Kong Human Rights and Democracy Act is about more than 
China making and breaking promises. It is also about the United States 
finally enforcing China's promises.
  We have a shot to avert catastrophe, protect the people of Hong Kong, 
and to finally enforce Beijing promises or hold them accountable for 
breaking those promises.
  Very soon, the Senate will pass this legislation on a unanimous, 
bipartisan basis to give you a sense of sentiment in the Congress. This 
legislation requires the Secretary of State to certify Hong Kong's 
autonomy from the mainland each year. Otherwise, they will lose the 
special privileges that U.S. law currently grants to Hong Kong.
  The bill will freeze the assets and travel of officials who are 
responsible for abducting Hongkongers, like journalists, booksellers 
who have been vanishing without a trace since 2017, and it will ensure 
that pro-democracy protesters cannot be denied visas to the United 
States despite their specious arrests. But if the Hong Kong Chinese 
Communist Party will simply pull back from the brink, if they will keep 
their promises, if they will respect their one-country, two-system 
approach, none of this will happen.
  So Beijing has a promise. Keep its promises, or give Americans and 
the world one more reason to treat China like an outlaw regime.
  Choose wisely, Mr. General Secretary Xi.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Madam President, I want to thank my colleagues, Senators 
Rubio, Cardin, Menendez, and Representative Chris Smith for moving the 
Hong Kong Human Rights and Democracy Act in both Chambers, legislation 
I was proud to cosponsor. With the situation deteriorating by the hour 
in Hong Kong, the passage of legislation could not be more timely. I 
urge my colleagues in the House to take action quickly without delay. 
This bill sends an important message of bipartisan support from the 
U.S. Congress for the democratic aspirations of the broad majority of 
the people of Hong Kong.
  Some of you may realize that we, just a few months ago, celebrated 
the 30th anniversary of the bloody crackdown that ended the peaceful 
democracy movement in Tiananmen Square. Who among us can forget those 
riveting weeks during which there was real hope and possibility of 
China opening its political system--the Goddess of Democracy statue 
modeled after our own Statue of Liberty--and, sadly, the jarring image 
of the protestor that was standing to try to block the onslaught of a 
tank?
  The crude propaganda and disinformation used by Communist hardliners 
to brainwash young military conscripts to turn on their own people was 
both heartbreaking and infuriating. Remembering those days, we must not 
sit by idly and quietly and allow Hong Kong's freedoms to be similarly 
threatened.
  I have been moved by the courageousness of the pro-democracy 
protestors in the face of increasingly excessive use of force by the 
Hong Kong police in one of the most vibrant cities in the world. What 
exactly are Hong Kong protesters fighting for--the freedoms we in 
America take for granted every day--the freedom of assembly, suffrage, 
speech, due process, and rule of law. Rather than sitting down with the 
protesters, Hong Kong authorities have increasingly used excessive 
force instead of engaging in constructive dialogue. Yet, ultimately, I 
believe the Hong Kong Government and the protesters are capable of 
finding a solution, and I hope they do.
  Let me end by appealing to the leadership in China to show the 
courage to allow the continued prosperous democratic autonomy enjoyed 
by the people of Hong Kong. Hong Kong's continued special status is the 
sign of strength and confidence, not weakness.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. SCOTT of Florida. Madam President, I rise today to speak about 
the greatest threat the United States faces in the next century, the 
threat of Communist China.
  I have been saying, for months, Communist China is not our friend. 
They are stealing our technology; refusing to open up their markets to 
foreign goods as required by the WTO; militarizing the South China Sea, 
even after promising President Obama they wouldn't; holding over 1 
million Uighurs in prison camps just for their religion; harvesting the 
organs of detainees against their will; and Communist China is 
intentionally pushing fentanyl into the United States, killing 
Americans every day.
  Communist China continues to strip the people of Hong Kong of their 
basic rights. I was the first Senator to visit

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Hong Kong since the protests started nearly 6 months ago. I had the 
opportunity to meet with the protestors--students, parents, and 
grandparents--who are fighting to regain the freedom they were once 
promised. I heard their stories, horrible and frightening stories of 
police brutality, threats against individuals and their families, and 
mysterious disappearances.
  Six months in and no signs of Communist China loosening their grip--
their efforts to crack down on the protests in Hong Kong reflect their 
commitment to denying basic human rights and snuffing out any 
opposition to their totalitarian goals. We cannot stay silent. General 
Secretary of the Communist Party Xi is trying to be the dominant world 
power. It is Hong Kong now, then it will be Taiwan.
  Communist China believes that, in order for them to be stronger, 
other freedom-loving countries must be weaker. As Communist China 
becomes more and more aggressive, we must ask ourselves: Is this the 
next Tiananmen Square? We all remember that famous image. Times have 
changed, but one thing stays the same: Wherever totalitarian regimes 
exist, there will be brave freedom fighters who will stand up against 
injustice and stand for human rights. That is what we are seeing in 
Hong Kong today.

  Beijing soldiers have been appearing on the city streets, raising 
questions about the army's future role. Will Communist China once again 
use its military might to quash peaceful protests? Will they once again 
stand against those fighting for human rights and democracy? Will the 
United States stand by and allow this to happen?
  We are seeing Americans like Michael Bloomberg putting profits above 
human rights and propping up the Chinese Government by continuing to 
host huge events in Communist China. It is time for the world to stand 
and present a unified front against Communist China's aggression, and 
that starts with supporting the brave people of Hong Kong.
  We must do everything we can to communicate our commitment to 
democracy, freedom, and human rights. I am proud to stand in support of 
the Hong Kong Freedom and Democracy Act, which will give the United 
States more authority to reevaluate Beijing's influence on Hong Kong. 
This bill makes it clear that General Secretary of the Communist Party 
Xi needs to comply with what China agreed to in 1997. Communist China 
must give Hong Kong its autonomy, or the United States will continue to 
ramp up pressure on Communist China.
  We cannot underestimate this threat. We must be vigilant. We must be 
aggressive. America's role of fighting for freedom and liberty 
worldwide depends on it. The future of our children and grandchildren 
depends on it.
  To the brave and resilient people of Hong Kong, the United States is 
with you. Your fight will not be in vain, and it does not go unnoticed.
  And to Communist China and General Secretary of the Communist Party 
Xi, consider your next moves carefully. The world is watching.
  I won't stop fighting until America's economic and political future--
and the freedom of nations across the globe--is secure from the threat 
of China's influence.
  I want to thank Senator Rubio and Senator Cardin and all Senators of 
the U.S. for their support of this bill.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. HAWLEY. Madam President, just two brief points this evening--the 
first is that I am proud to join not only as a supporter of this 
measure but as original cosponsor, and I want to thank the other 
Senators--Senator Rubio, especially Senator Cardin, and Senator Risch--
for their leadership on this issue, but I want to be clear that we are 
here today in this Chamber, and what we are doing is possible tonight 
because of the bravery and the courage of the protesters in Hong Kong.
  Many of them are very young people who are risking their very lives, 
taking to the streets, standing for democracy, standing for the 
promises that were made to them by Beijing many years ago and fighting 
for them now, putting everything on the line. And I just want to say to 
those protesters that you are making a difference, that your lives have 
made a difference, and to those who even now are trapped inside PolyU 
in this siege that the Hong Kong police force has created--this 
humanitarian crisis that the Hong Kong police force has fostered--what 
you are doing is inspiring the world. What you are doing has moved this 
body. What you are doing is changing the world. Thank you for your 
courage. Thank you for your bravery. Thank you for believing in your 
city, and thank you for believing in Hong Kong.
  The other thing I would say is that, while today is a good day in the 
struggle to preserve the freedoms of this city and the struggle against 
a totalitarian regime in Beijing, it is not the last day. Although this 
step is an important step that this Chamber takes, it is not the last 
step that this Nation may need to take in order to hold China to its 
commitments made in 1984, in order to protect the autonomy and the 
liberty of the city of Hong Kong because, make no mistake, we are in 
for a long struggle with Communist China. We are in for a long struggle 
with Beijing. We know what their ambitions are: to dominate Hong Kong, 
to dominate Taiwan, to dominate the region and, ultimately, to impose 
their will on the entire international system. We are going to have to 
stand against that for freedom, for liberty, for our security and our 
prosperity.
  So there is much to do. There is a long road ahead of us, but today 
is a good day, and I hope the people of Hong Kong will see that the 
people of the free world are awake, that they are with you, and we are 
ready to stand together.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mrs. BLACKBURN. Madam President, I want to thank Senator Rubio for 
the work that he has done on this a few minutes earlier. Today, I spoke 
about the cause of freedom and how we are seeing people around the 
world stand up for freedom--and, yes, indeed, we see this in Hong Kong, 
and it does inspire us. The message that we are sending to Beijing is 
that, indeed, we are watching and we are paying attention--and to the 
Hong Kong protesters, for them to know that we are watching what they 
are doing and that we are standing with them.
  It is important to note that China has really earned its place atop 
the list of the world's most notorious human rights violators, and over 
the past few weeks, Hong Kong's descent into chaos and bloodshed has 
provided a much-needed reminder of the horrors, the absolute horrors of 
authoritarian rule.
  There can be no change without accountability, and Beijing needs to 
know we are focused on that accountability, which is why, today, I am 
so pleased to stand with these other Members of this Chamber in support 
of the Hong Kong Human Rights and Democracy Act. The bill does demand 
accountability, not only from Beijing but also from us. It will require 
us to monitor Hong Kong's progress toward autonomy and China's behavior 
toward Hong Kong people who choose to exercise their internationally 
recognized rights, those rights that we have spoken of in this Chamber 
today.
  The bill will help us identify the tactics Beijing uses to capture 
Hong Kong's dissidents and then to trap them on mainland China, and we 
will also ensure that no peaceful protesters are denied visas to the 
United States because of the alleged crimes.
  Now, I will tell you, the bill is a great start, but the time and the 
work that we put in it will be wasted unless every single Member of 
this Chamber makes a commitment to hold us accountable, to hold China 
accountable. I would encourage my colleagues to view their support of 
this legislation as a promise to these protesters in Hong Kong, that 
their cries for help are not going to go unanswered.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CRUZ. Madam President, today, brave men and women, boys and 
girls, are standing up and demanding that the Chinese Communist Party 
protect Hong Kong's autonomy, protect free speech, and defend human 
rights.
  Despite these peaceful protests, the Chinese Communist Party is 
fighting back with brutality and violence. The police brutality that we 
have seen and the Chinese Communist Party's larger assault on the 
people of Hong Kong has

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been shameful. Just this past weekend, the Hong Kong police began 
attacking young, innocent students who were peacefully protesting that 
brutality. They were attacked with tear gas and rubber bullets.
  These students' college campus was turned into a warzone, where no 
one was safe. Today, we have the opportunity to tell the world, these 
blatant human rights attacks and this campaign to bully Hong Kong into 
submission are not OK and America won't stand for it.
  Last month, I traveled to Hong Kong. I met with many brave men and 
women who were standing up. I met with the dissidents, the pro-
democracy protesters who are speaking out for Hong Kong's autonomy and 
free speech and basic human rights. Along with them, I dressed in all 
black to express my solidarity with the peaceful protestors who have 
taken to the streets.
  Right now, in response to that protest, tear gas, sponge grenades, 
rubber bullets are being fired at university campuses in Hong Kong. In 
Xinjiang Province, millions of detained Uighurs and other religious 
minorities are languishing in concentration camps, and across China, 
Falun Gong practitioners are captured and murdered so that the 
Communist Party can harvest their organs.
  Freedom from this brutality and the tyranny of the Chinese Communist 
Party is the battle cry of the dissidents in Hong Kong. What have they 
been waving? American flags. What have they been singing? The American 
National Anthem--reciting quotations from our Founding Fathers who 
risked everything for freedom in America.
  Madam President, I want to thank Senators Rubio, Cardin, Risch, 
Menendez, and all the members of the Senate Foreign Relations 
Committee, both Republicans and Democrats who have joined together. 
This legislation the Senate is preparing to pass, the Hong Kong Human 
Rights and Democracy Act, is important legislation. It is bipartisan 
legislation. I urge the House to take it up and pass it and pass it 
promptly.
  The people in Hong Kong are engaged in an existential battle for 
liberty, and they should know and they will know, by our actions in 
just a few moments, that the people of America stand with Hong Kong.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. RUBIO. Madam President, as in legislative session, I ask 
unanimous consent that the Senate proceed to the immediate 
consideration of Calendar No. 238, S. 1838.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 1838) to amend the Hong Kong Policy Act of 1992, 
     and for other purposes.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill, 
with an amendment to strike all after the enacting clause and insert in 
lieu thereof the following:

     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--

[[Page S6655]]

       (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--

[[Page S6656]]

       (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.

[[Page S6657]]

  


     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.

  Mr. RUBIO. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn, the Rubio substitute amendment at 
the desk be considered and agreed to, the bill as amended be considered 
read a third time and passed, and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 1246) was agreed to as follows:

       (Purpose: In the nature of a substitute.)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1838), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1838

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Hong Kong 
     Human Rights and Democracy Act of 2019''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.
Sec. 5. Annual report on violations of United States export control 
              laws and United Nations sanctions occurring in Hong Kong.
Sec. 6. Protecting United States citizens and others from rendition to 
              the People's Republic of China.
Sec. 7. Sanctions relating to undermining fundamental freedoms and 
              autonomy in Hong Kong.
Sec. 8. Sanctions reports.
Sec. 9. Sense of Congress on People's Republic of China state-
              controlled media.
Sec. 10. Sense of Congress on commercial exports of crowd control 
              equipment to Hong Kong.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on the Judiciary of the Senate;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on Armed Services of the House of 
     Representatives;
       (H) the Committee on Financial Services of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives; and
       (J) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Social credit system.--The term ``social credit 
     system'' means a system proposed by the Government of the 
     People's Republic of China and scheduled for implementation 
     by 2020, which would--
       (A) use existing financial credit systems, public records, 
     online activity, and other tools of surveillance to aggregate 
     data on every Chinese citizen and business; and
       (B) use such data to monitor, shape, and rate certain 
     financial, social, religious, or political behaviors.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen;
       (B) a lawfully admitted permanent resident of the United 
     States; or
       (C) an entity organized under the laws of--
       (i) the United States; or
       (ii) any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 3. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to reaffirm the principles and objectives set forth in 
     the United States-Hong Kong Policy Act of 1992 (Public Law 
     102-383), namely that--
       (A) the United States has ``a strong interest in the 
     continued vitality, prosperity, and stability of Hong Kong'';
       (B) ``[s]upport for democratization is a fundamental 
     principle of United States foreign policy'' and therefore 
     ``naturally applies to United States policy toward Hong 
     Kong'';
       (C) ``the human rights of the people of Hong Kong are of 
     great importance to the United States and are directly 
     relevant to United States interests in Hong Kong [and] serve 
     as a basis for Hong Kong's continued economic prosperity''; 
     and
       (D) Hong Kong must remain sufficiently autonomous from the 
     People's Republic of China to ``justify treatment under a 
     particular law of the United States, or any provision 
     thereof, different from that accorded the People's Republic 
     of China'';
       (2) to support the high degree of autonomy and fundamental 
     rights and freedoms of the people of Hong Kong, as enumerated 
     by--
       (A) the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing December 19, 1984 (referred to 
     in this Act as the ``Joint Declaration'');
       (B) the International Covenant on Civil and Political 
     Rights, done at New York December 19, 1966; and
       (C) the Universal Declaration of Human Rights, done at 
     Paris December 10, 1948;
       (3) to support the democratic aspirations of the people of 
     Hong Kong, including the ``ultimate aim'' of the selection of 
     the Chief Executive and all members of the Legislative 
     Council by universal suffrage, as articulated in the Basic 
     Law of the Hong Kong Special Administrative Region of the 
     People's Republic of China (referred to in this Act as the 
     ``Basic Law'');
       (4) to urge the Government of the People's Republic of 
     China to uphold its commitments to Hong Kong, including 
     allowing the people of Hong Kong to govern Hong Kong with a 
     high degree of autonomy and without undue interference, and 
     ensuring that Hong Kong voters freely enjoy the right to 
     elect the Chief Executive and all members of the Hong Kong 
     Legislative Council by universal suffrage;
       (5) to support the establishment of a genuine democratic 
     option to freely and fairly nominate and elect the Chief 
     Executive of Hong Kong, and the establishment by 2020 of open 
     and direct democratic elections for all members of the Hong 
     Kong Legislative Council;
       (6) to support the robust exercise by residents of Hong 
     Kong of the rights to free speech, the press, and other 
     fundamental freedoms, as provided by the Basic Law, the Joint 
     Declaration, and the International Covenant on Civil and 
     Political Rights;
       (7) to support freedom from arbitrary or unlawful arrest, 
     detention, or imprisonment for all Hong Kong residents, as 
     provided by the Basic Law, the Joint Declaration, and the 
     International Covenant on Civil and Political Rights;
       (8) to draw international attention to any violations by 
     the Government of the People's Republic of China of the 
     fundamental rights of the people of Hong Kong, as provided by 
     the International Covenant on Civil and Political Rights, and 
     any encroachment upon the autonomy guaranteed to Hong Kong by 
     the Basic Law and the Joint Declaration;
       (9) to protect United States citizens and long-term 
     permanent residents living in Hong Kong, as well as people 
     visiting and transiting through Hong Kong;
       (10) to maintain the economic and cultural ties that 
     provide significant benefits to both the United States and 
     Hong Kong; and
       (11) to coordinate with allies, including the United 
     Kingdom, Australia, Canada, Japan, and the Republic of Korea, 
     to promote democracy and human rights in Hong Kong.

     SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT 
                   OF 1992.

       (a) Report.--Title II of the United States-Hong Kong Policy 
     Act of 1992 (22 U.S.C. 5721 et seq.) is amended--
       (1) in section 201(b), by striking ``such date'' each place 
     such term appears and inserting ``the date of the enactment 
     of the Hong Kong Human Rights and Democracy Act of 2019''; 
     and
       (2) adding at the end the following:

     ``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE AUTONOMY 
                   OF HONG KONG.

       ``(a) Certification.--
       ``(1) In general.--Except as provided in subsection (b), 
     the Secretary of State, on at least an annual basis, and in 
     conjunction with the report required under section 301, shall 
     issue a certification to Congress that--
       ``(A) indicates whether Hong Kong continues to warrant 
     treatment under United States law in the same manner as 
     United States laws were applied to Hong Kong before July 1, 
     1997;
       ``(B) addresses--
       ``(i) commercial agreements;
       ``(ii) law enforcement cooperation, including extradition 
     requests;
       ``(iii) sanctions enforcement;
       ``(iv) export controls, and any other agreements and forms 
     of exchange involving dual use, critical, or other sensitive 
     technologies;
       ``(v) any formal treaties or agreements between the United 
     States and Hong Kong;
       ``(vi) other areas of bilateral cooperation that the 
     Secretary determines to be relevant; and
       ``(vii) decision-making within the Government of Hong Kong, 
     including executive, legislative, and judicial structures, 
     including--

       ``(I) freedom of assembly;
       ``(II) freedom of speech;
       ``(III) freedom of expression; and
       ``(IV) freedom of the press, including the Internet and 
     social media;

[[Page S6658]]

       ``(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

[[Page S6659]]

     obligations'' under treaties and international agreements 
     established between the United States and Hong Kong.
       (b) Response to Threat of Rendition.--Not later than 30 
     days after the President determines that legislation proposed 
     or enacted by the Government of Hong Kong would put United 
     States citizens at risk of extradition or rendition to the 
     People's Republic of China or to other countries that lack 
     protections for the rights of defendants, the President shall 
     submit a report to the appropriate congressional committees 
     that--
       (1) contains a strategy for protecting United States 
     citizens and businesses in Hong Kong;
       (2) assesses the potential risks of the legislation to 
     United States citizens residing in, traveling to, or 
     transiting through Hong Kong; and
       (3) determines whether--
       (A) additional resources are needed for American Citizen 
     Services at the United States Consulate in Hong Kong; and
       (B) the Government of Hong Kong is ``legally competent'' to 
     administer the United States-Hong Kong Agreement for the 
     Surrender of Fugitive Offenders, done at Hong Kong December 
     20, 1996, or other relevant law enforcement agreements 
     between the United States and Hong Kong.

     SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL 
                   FREEDOMS AND AUTONOMY IN HONG KONG.

       (a) Identification of Persons Responsible for Undermining 
     Fundamental Freedoms and Autonomy in Hong Kong.--
       (1) In general.--The President shall submit a report to the 
     appropriate congressional committees, in accordance with 
     paragraph (2), that identifies each foreign person that the 
     President determines is responsible for--
       (A) the extrajudicial rendition, arbitrary detention, or 
     torture of any person in Hong Kong; or
       (B) other gross violations of internationally recognized 
     human rights in Hong Kong.
       (2) Timing of reports.--The President shall submit to the 
     appropriate congressional committees--
       (A) the report required under paragraph (1)--
       (i) not later than 180 days after the date of the enactment 
     of this Act; and
       (ii) not less frequently than annually thereafter in 
     conjunction with the publication of the report required under 
     section 301 of the United States-Hong Kong Policy Act of 1992 
     (22 U.S.C. 5731); and
       (B) an update to the report not later than 15 days after 
     any new action is taken under subsection (b) based on the 
     discovery of new information described in paragraph (1).
       (3) Consideration of certain information.--In preparing the 
     report required under paragraph (1), the President shall 
     consider--
       (A) information provided jointly by the chairperson and 
     ranking member of each of the appropriate congressional 
     committees; and
       (B) information obtained by other countries or reputable 
     nongovernmental organizations that monitor violations of 
     human rights abuses.
       (4) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) Imposition of Sanctions.--The President shall impose 
     the sanctions described in subsection (c) with respect to 
     each foreign person identified in the report required under 
     subsection (a)(1).
       (c) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Asset blocking.--The President shall exercise all of 
     the powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
     extent necessary to block and prohibit all transactions in 
     property and interests in property of a foreign person 
     identified in the report required under subsection (a)(1) if 
     such property and interests in property are in the United 
     States, come within the United States, or come within the 
     possession or control of a United States person.
       (2) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(1) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subsection (a)(1) is 
     subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

       (3) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign 
     person that violates, attempts to violate, conspires to 
     violate, or causes a violation of paragraph (1) to the same 
     extent that such penalties apply to a person that commits an 
     unlawful act described in subsection (a) of such section 206.
       (d) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (e) Waiver.--The President may waive the application of 
     sanctions under this section with respect to a person 
     identified in the report required under subsection (a)(1) if 
     the President determines and certifies to the appropriate 
     congressional committees that such a waiver is in the 
     national interest of the United States.
       (f) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under subsection 
     (c)(2) shall not apply with respect to an alien if admitting 
     or paroling the alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (g) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to a person if the President determines and reports to the 
     appropriate congressional committees not less than 15 days 
     before the termination takes effect that--
       (1) information exists that the person did not engage in 
     the activity for which sanctions were imposed;
       (2) the person has been prosecuted appropriately for the 
     activity for which sanctions were imposed;
       (3) the person has credibly demonstrated a significant 
     change in behavior, has paid an appropriate consequence for 
     the activity for which sanctions were imposed, and has 
     credibly committed to not engage in an activity described in 
     subsection (a)(1) in the future; or
       (4) the termination of the sanctions is in the national 
     security interests of the United States.
       (h) Sunset.--This section, and any sanctions imposed under 
     this section, shall terminate on the date that is 5 years 
     after the date of the enactment of this Act.
       (i) Definitions.--In this section:
       (1) Admission; admitted; alien.--The terms ``admission'', 
     ``admitted'', and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.

     SEC. 8. SANCTIONS REPORTS.

       (a) In General.--In accordance with section 7, the 
     President shall submit, to the appropriate congressional 
     committees, a report that includes--
       (1) a list of each foreign person with respect to which the 
     President imposed sanctions during the year preceding the 
     submission of the report;
       (2) a description of the type of sanctions imposed with 
     respect to each such person;
       (3) the number of foreign persons with respect to which the 
     President terminated sanctions under section 7 during that 
     year;
       (4) the dates on which such sanctions were imposed or 
     terminated, as applicable;
       (5) the reasons for imposing or terminating such sanctions; 
     and
       (6) a description of the efforts of the President to 
     encourage the governments of other countries to impose 
     sanctions that are similar to the sanctions authorized under 
     section 7.
       (b) Nonapplicability of Confidentiality Requirement With 
     Respect to Visa Records.--The President shall publish the 
     report required under subsection (a) without regard to the 
     requirements of section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)) with respect to 
     confidentiality of records pertaining to the issuance or 
     refusal of visas or permits to enter the United States.

     SEC. 9. SENSE OF CONGRESS ON PEOPLE'S REPUBLIC OF CHINA 
                   STATE-CONTROLLED MEDIA.

       It is the sense of Congress that--
       (1) the United States condemns the deliberate targeting and 
     harassment of democracy activists, diplomatic personnel of 
     the United States and other nations, and their families by 
     media organizations controlled by the Government of the 
     People's Republic of China, including Wen Wei Po and Ta Kung 
     Po;
       (2) the Secretary of State should clearly inform the 
     Government of the People's Republic of China that the use of 
     media outlets

[[Page S6660]]

     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.

  The PRESIDING OFFICER. The Democratic leader.
  Mr. SCHUMER. Madam President, I sincerely thank my colleagues. This 
has been a great bipartisan moment on the floor of the Senate for a 
very important issue.
  I particularly thank my colleagues from Florida, Senator Rubio; from 
Maryland, Senator Cardin; from New Jersey, Senator Menendez; and from 
Idaho, Senator Risch, as well as all the others who had a hand in this 
work.
  The Senate has just sent a resounding message to the Chinese 
Communist Party and President Xi that the United States stands with the 
democratic protestors in Hong Kong. The bipartisan legislation, with 
the great help of the chair and ranking members of the Foreign 
Relations Committee, will safeguard Hong Kong's democracy and autonomy 
and hold accountable those responsible for any human rights abuses in 
Hong Kong. The bipartisan legislation that will soon be offered by the 
Senators from Oregon and Texas will make sure that U.S. companies don't 
sell riot equipment to Hong Kong.
  We have sent a message to President Xi: Your suppression of freedom, 
whether in Hong Kong, in northwest China, or anywhere else, will not 
stand. You cannot be a great leader and you cannot be a great country 
when you oppose freedom, when you are so brutal to the people of Hong 
Kong, young and old, who are protesting, when you are so brutal to the 
Uighurs in northwest China, and when China is censored so that Chinese 
people can't get the truth. History has shown that that always fails, 
President Xi--always fails.
  China has taken dramatic steps backward in the curtailment of 
freedom.
  As my colleagues well know, the protests in Hong Kong have now taken 
an ominous turn. The Hong Kong police--no doubt at the behest of the 
Communist Party in Beijing--have undertaken an increasingly violent 
crackdown on student protesters. As the ruling party in Beijing 
continues to flout Hong Kong's judicial independence while perpetrating 
a brutal suppression of minority groups from one end of China to the 
other, Americans' support for the democratic rights of Hong Kong 
citizenry is paramount.
  To the people of China: We stand with you in freedom.
  To the kids in Hong Kong, the students and the adults: We stand with 
you.
  To the Uighurs who simply want to practice their religion: We stand 
with you.
  Freedom will prevail, and the Chinese system will either change or 
fail.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oregon.

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