Congressional Record, Volume 165 Issue 185 (Tuesday, November 19, 2019)

[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

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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. 2. DEFINITIONS.

SEC. 3. STATEMENT OF POLICY.

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.

``(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]]

``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO
STUDY OR WORK IN THE UNITED STATES.

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.

[[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.

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.

____________________