[Congressional Record Volume 165, Number 186 (Wednesday, November 20, 2019)]
[House]
[Pages H9089-H9096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1530
            HONG KONG HUMAN RIGHTS AND DEMOCRACY ACT OF 2019

  Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill 
(S. 1838) to amend the Hong Kong Policy Act of 1992, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is 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.

[[Page H9090]]

       (3) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen;
       (B) a lawfully admitted permanent resident of the United 
     States; or
       (C) an entity organized under the laws of--
       (i) the United States; or
       (ii) any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 3. STATEMENT OF POLICY.

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

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

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

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

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

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

       ``(viii) universal suffrage, including the ultimate aim of 
     the selection of the Chief Executive and all members of the 
     Legislative Council by universal suffrage;
       ``(ix) judicial independence;
       ``(x) police and security functions;
       ``(xi) education;
       ``(xii) laws or regulations regarding treason, secession, 
     sedition, subversion against the Central People's Government 
     of the People's Republic of China, or theft of state secrets;
       ``(xiii) laws or regulations regarding foreign political 
     organizations or bodies;
       ``(xiv) laws or regulations regarding political 
     organizations; and
       ``(xv) other rights enumerated in the Universal Declaration 
     of Human Rights, done at Paris December 10, 1948, and the 
     International Covenant on Civil and Political Rights, done at 
     New York December 19, 1966; and
       ``(C) includes--
       ``(i) an assessment of the degree of any erosions to Hong 
     Kong's autonomy in each category listed in subparagraph (B) 
     resulting from actions by the Government of the People's 
     Republic of China that are inconsistent with its commitments 
     under the Basic Law or the Joint Declaration;
       ``(ii) an evaluation of the specific impacts to any areas 
     of cooperation between the United States and Hong Kong 
     resulting from erosions of autonomy in Hong Kong or failures 
     of the Government of Hong Kong to fulfill obligations to the 
     United States under international agreements within the 
     categories listed in subparagraph (B); and
       ``(iii) a list of any specific actions taken by the United 
     States Government in response to any erosion of autonomy or 
     failures to fulfill obligations to the United States under 
     international agreements identified in this certification and 
     the report required under section 301.
       ``(2) Factor for consideration.--In making each 
     certification under paragraph (1), the Secretary of State 
     should consider the terms, obligations, and expectations 
     expressed in the Joint Declaration with respect to Hong Kong.
       ``(3) Additional certifications.--The certification under 
     section (1) shall be issued annually, but the Secretary may 
     issue additional certifications at any time if the Secretary 
     determines it is warranted by circumstances in Hong Kong.
       ``(b) Waiver Authority.--
       ``(1) In general.--The Secretary of State may waive the 
     application of subsection (a) if--
       ``(A) the Secretary determines that such a waiver is in the 
     national security interests of the United States; and
       ``(B) on or before the date on which the waiver takes 
     effect, the Secretary notifies the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives of the intent to waive such 
     subsection;
       ``(2) Partial waiver.--Except for the list of actions 
     described in subsection (a)(1)(C)(iii), the Secretary of 
     State may waive relevant parts of the application of 
     subsection (a) if the President issues an Executive order 
     under section 202 that suspends the application of any 
     particular United States law to Hong Kong.''.
       (b) Visa Applicants.--Title II of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended 
     by subsection (a), is further amended by adding at the end 
     the following:

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

       ``(a) Visa Eligibility for Certain Hong Kong Students.--
     Notwithstanding any other provision of law, applications for 
     visas to enter, study, or work in the United States, which 
     are submitted by otherwise qualified applicants who resided 
     in Hong Kong in 2014 and later, may not be denied primarily 
     on the basis of the applicant's subjection to politically-
     motivated arrest, detention, or other adverse government 
     action.
       ``(b) Implementation.--The Secretary of State shall take 
     such steps as may be necessary to ensure that consular 
     officers are aware of the policy described in subsection (a) 
     and receive appropriate training and support to ensure that 
     the policy is carried out so that affected individuals do not 
     face discrimination or unnecessary delay in the processing of 
     their visa applications, including--
       ``(1) providing specialized training for all consular 
     officers posted to the United States Embassy in Beijing or to 
     any United States consulate in the People's Republic of 
     China,

[[Page H9091]]

     the Hong Kong Special Administrative Region, or the Macau 
     Special Administrative Region;
       ``(2) instructing the United States Consulate in Hong Kong 
     to maintain an active list of individuals who are known to 
     have been formally charged, detained, or convicted by the 
     Government of Hong Kong Special Administrative Region or by 
     the Government of the People's Republic of China, or 
     intermediaries of such governments, based on politically-
     motivated considerations related to their exercise of rights 
     enumerated in the Universal Declaration of Human Rights, done 
     at Paris December 10, 1948, or the International Covenant on 
     Civil and Political Rights, done at New York December 19, 
     1966, to facilitate the cross-checking of visa applications 
     for Hong Kong residents; and
       ``(3) updating any relevant United States Government 
     websites with information on the policy described in 
     subsection (a).
       ``(c) Cooperation With Like-minded Countries.--The 
     Secretary of State shall contact appropriate representatives 
     of other democratic countries, particularly those who receive 
     a large number of applicants for student and employment visas 
     from Hong Kong--
       ``(1) to inform them of the United States policy regarding 
     arrests for participation in nonviolent protests in Hong 
     Kong; and
       ``(2) to encourage them to take similar steps to ensure the 
     rights of nonviolent protesters are protected from 
     discrimination due to the actions of the Government of Hong 
     Kong and of the Government of the People's Republic of 
     China.''.

     SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT 
                   CONTROL LAWS AND UNITED NATIONS SANCTIONS 
                   OCCURRING IN HONG KONG.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date that is 7 years after the date of the enactment of this 
     Act, the Secretary of Commerce, in consultation with the 
     Secretary of the Treasury and the Secretary of State, shall 
     submit a report to the committees specified in subsection (b) 
     that includes--
       (1) an assessment of the nature and extent of violations of 
     United States export control and sanctions laws occurring in 
     Hong Kong;
       (2) to the extent possible, the identification of--
       (A) any items that were reexported from Hong Kong in 
     violation of the laws referred to in paragraph (1);
       (B) the countries and persons to which the items referred 
     to in subparagraph (A) were reexported; and
       (C) how such items were used;
       (3) an assessment of whether sensitive dual-use items 
     subject to the export control laws of the United States are 
     being--
       (A) transshipped through Hong Kong; and
       (B) used to develop--
       (i) the Sharp Eyes, Skynet, Integrated Joint Operations 
     Platform, or other systems of mass surveillance and 
     predictive policing; or
       (ii) the ``social credit system'' of the People's Republic 
     of China;
       (4) an assessment of the efforts by the Government of the 
     People's Republic of China to use the status of Hong Kong as 
     a separate customs territory to import items into the 
     People's Republic of China from Hong Kong in violation of the 
     export control laws of the United States, whether as part of 
     the Greater Bay Area plan, through the assignment by Beijing 
     of Hong Kong as a national technology and innovation center, 
     or through other programs that may exploit Hong Kong as a 
     conduit for controlled sensitive technology;
       (5) an assessment of whether the Government of Hong Kong 
     has adequately enforced sanctions imposed by the United 
     Nations;
       (6) a description of the types of goods and services 
     transshipped or reexported through Hong Kong in violation of 
     such sanctions to--
       (A) North Korea or Iran; or
       (B) other countries, regimes, or persons subject to such 
     sanctions for engaging in activities--
       (i) relating to international terrorism, international 
     narcotics trafficking, or the proliferation of weapons of 
     mass destruction; or
       (ii) that otherwise present a threat to the national 
     security, foreign policy, or economy of the United States; 
     and
       (7) an assessment of whether shortcomings in the 
     enforcement of export controls or sanctions by the Government 
     of Hong Kong necessitates the assignment of additional 
     Department of the Treasury, Department of Commerce, or 
     Department of State personnel to the United States Consulate 
     in Hong Kong.
       (b) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (3) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (5) the Committee on Energy and Commerce of the House of 
     Representatives.
       (c) Form of Report.--The report required under subsection 
     (a) shall be submitted in unclassified form, but may include 
     a classified annex.

     SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTHERS FROM 
                   RENDITION TO THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Policy Statements.--It is the policy of the United 
     States--
       (1) to safeguard United States citizens from extradition, 
     rendition, or abduction to the People's Republic of China 
     from Hong Kong for trial, detention, or any other purpose;
       (2) to safeguard United States businesses in Hong Kong from 
     economic coercion and intellectual property theft;
       (3) pursuant to section 103(7) of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage 
     United States businesses ``to continue to operate in Hong 
     Kong, in accordance with applicable United States and Hong 
     Kong law''; and
       (4) pursuant to section 201(b) of such Act (22 U.S.C. 
     5721(b)), to evaluate, not less frequently than annually and 
     as circumstances, dictate whether the Government of Hong Kong 
     is ``legally competent to carry out its obligations'' under 
     treaties and international agreements established between the 
     United States and Hong Kong.
       (b) Response to Threat of Rendition.--Not later than 30 
     days after the President determines that legislation proposed 
     or enacted by the Government of Hong Kong would put United 
     States citizens at risk of extradition or rendition to the 
     People's Republic of China or to other countries that lack 
     protections for the rights of defendants, the President shall 
     submit a report to the appropriate congressional committees 
     that--
       (1) contains a strategy for protecting United States 
     citizens and businesses in Hong Kong;
       (2) assesses the potential risks of the legislation to 
     United States citizens residing in, traveling to, or 
     transiting through Hong Kong; and
       (3) determines whether--
       (A) additional resources are needed for American Citizen 
     Services at the United States Consulate in Hong Kong; and
       (B) the Government of Hong Kong is ``legally competent'' to 
     administer the United States-Hong Kong Agreement for the 
     Surrender of Fugitive Offenders, done at Hong Kong December 
     20, 1996, or other relevant law enforcement agreements 
     between the United States and Hong Kong.

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

       (a) Identification of Persons Responsible for Undermining 
     Fundamental Freedoms and Autonomy in Hong Kong.--
       (1) In general.--The President shall submit a report to the 
     appropriate congressional committees, in accordance with 
     paragraph (2), that identifies each foreign person that the 
     President determines 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.--

[[Page H9092]]

       (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 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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Engel) and the gentleman from New Jersey (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and 
include extraneous material on S. 1838.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the passage of the Hong Kong Human Rights and Democracy 
Act today will once again demonstrate our support for the people of 
Hong Kong. The House passed our version of the bill several weeks ago, 
and this version passed the Senate last night as well, demonstrating, 
without a doubt, that the U.S. Congress stands with the people of Hong 
Kong even during a particularly troubling time.
  We are seeing the escalation of violence in unprecedented ways, 
indiscriminate use of force against students, and troubling reports of 
Chinese forces directing and manipulating the security forces in Hong 
Kong.
  However, as Joshua Wong said when he was last here with us on Capitol 
Hill just a few weeks ago, the ``people of Hong Kong will never walk 
alone.'' That is a quote. Never has this been truer than today.
  Although the abuses and injustices that have been endured by the 
people of Hong Kong are clear and evident to everyone, the policy 
challenge that this presents for the United States is far more nuanced.
  It is my expectation that, when implementing this legislation, the 
Secretary of State will understand congressional intent that this 
legislation is designed to help the U.S. Government and the U.S. 
Congress better evaluate the erosion of Hong Kong's autonomy and, 
ultimately, stem the tide of China's aggressive behavior toward the 
people of Hong Kong.
  Our objective is not to punish Hong Kong, but to help preserve and 
protect Hong Kong's autonomy in the face of Beijing's flagrant 
disregard for ``one country, two systems,'' which they had promised. As 
such, we believe it is in the national security interest of the United 
States to protect the autonomy of Hong Kong.
  It is with that intent that this entire legislative exercise has been 
undertaken. I hope that in evaluating how to apply the mandates in this 
bill, this administration, and any future administration, will give the 
best interest of the people of Hong Kong the highest consideration.
  Mr. Speaker, I reserve the balance of my time.

[[Page H9093]]

  

  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  First of all, I want to thank the distinguished chairman and the 
ranking member, Mr. McCaul, for their strong support for this effort, 
both bills that are up today.
  And I would also especially like to thank the Speaker for her 
leadership as well.
  Mr. Speaker, since the 1989 Tiananmen Square massacre 30 years ago, I 
have had the privilege of working with colleagues on both sides of the 
aisle, including, and especially, Speaker Pelosi,  Jim McGovern, my 
good friend--and he is the chairman of the China Commission, and I am 
ranking member--and Congressman Frank Wolf, a former Member who was 
tenacious in his fight for human rights, the rule of law, and democracy 
for the people of China.
  We have always believed that every person deserves better than the 
brutality so many endure in the systematic violations of their 
universally recognized human rights. China's ruthless dictators do not 
agree, and they are driven--they are obsessed--to tighten their 
control.
  Today, Mr. Speaker, Hong Kong is burning. The status quo is no 
longer. The brutal government crackdown on democracy activists has 
escalated. Tragically, under President Xi Jinping, human rights abuse 
throughout China has significantly worsened, including the pervasive 
use of torture, religious persecution, human trafficking, and genocide 
against Muslim Uighurs.
  Last month, Mr. Speaker, President Xi ominously warned of even more 
brutal violence to come in Hong Kong, threatening ``crushed bodies and 
shattered bones.''
  And the Hong Kong Government, itself, prefers bullets and batons over 
peaceful and political dialog that would address the Hong Kong people's 
rightful grievances.
  That is a sad and disgusting reality, and it is what the Chinese 
Government, however, does best: suppress, repress, torture, kill, and 
censor.
  With the passage of the Hong Kong Human Rights and Democracy Act, the 
United States Congress is making it clear that beating, torturing, and 
jailing democracy activists is absolutely wrong. We stand in solidarity 
with the people of Hong Kong. There will be strong sanctions, other 
ramifications, for this crackdown, for this abuse of power.
  The people of Hong Kong have feared for their freedom for a long 
time.

  In 2014, Mr. Speaker, I met with Martin Lee and Anson Chan, two 
titans of Hong Kong's democracy movement. They and Scott Flipse, of the 
China Commission, and I met in my office for hours as we discussed the 
Chinese Communist Party's growing influence and their attempts that had 
already begun to degrade autonomy and human rights in Hong Kong.
  That is, Mr. Speaker, the genesis of this bill and our 5-year effort 
to push back on Beijing's pernicious interference in Hong Kong.
  In the midst of the 2014 Umbrella Movement, I first introduced, 
joined by Speaker Pelosi, the first Hong Kong Human Rights and 
Democracy Act. My CECC co-chair, Senator Brown of Ohio, introduced the 
same bill in the Senate.
  Over the years, in 2015 and 2017, Senator Rubio and I upgraded the 
bill to reflect the kidnapping of book sellers, the disqualification of 
elected lawmakers, and the political prosecutions of Joshua Wong, 
Nathan Law, Benny Tai, and many others. However, every time, every 
single time we pushed for passage, there was vigorous opposition from 
diplomats, so-called experts, committee chairs, and U.S. business 
interests in Hong Kong.
  So passage of this legislation is long overdue.
  My House bill, cosponsored by the gentleman from Massachusetts (Mr. 
McGovern), my good friend and colleague, and 46 other bipartisan 
cosponsors passed last month on October 15.
  Today, we consider a final bill derived from working with our 
colleagues in the United States Senate. Specifically, the act directs 
the Secretary of State to report and certify to Congress, annually, 
whether Hong Kong continues to deserve special treatment under U.S. 
law, different from Mainland China, in such matters as trade, customs, 
sanctions enforcement, law enforcement cooperation, and protection of 
human rights and the rule of law.
  It directs the State Department not to deny entry visas based 
primarily on the applicant's arrest or detention for participating in 
nonviolent protest activities in Hong Kong.
  It requires, for the next 7 years, an annual report from the Commerce 
Department on whether Hong Kong Government adequately enforces U.S. 
export controls and sanctions laws, including on those goods and 
services transshipped to North Korea, Iran, or other countries relating 
to the proliferation of weapons of mass destruction, narcotics 
trafficking, and more.
  It requires an assessment of whether U.S. origin items, including 
software, technology, and services, have been transferred from Hong 
Kong to China in violation of U.S. law and have been used by China for 
mass surveillance, predictive policing, or for the so-called social 
credit system.
  I know some Members might be wondering: What is the social credit 
system? It is a ubiquitous, totalitarian, ``brave new world'' system 
scheduled for implementation by 2020 that uses public records, online 
activity, and other tools of surveillance to aggregate data on every 
Chinese citizen and business and use that data to monitor, shape, and 
rate financial, social, religious, or political behaviors.
  The bill requires the President to submit a strategy to Congress, to 
protect U.S. citizens and businesses in Hong Kong from the erosion of 
autonomy and the rule of law because of actions taken by the Chinese 
Government.
  It requires the President to identify and sanction persons in Hong 
Kong or in Mainland China responsible for extrajudicial rendition and 
gross violations of internationally recognized human rights.
  The Chinese Government warns us repeatedly not to interfere in 
China's internal affairs, but the only interference we see is Beijing's 
meddling in the democratic freedoms of Hong Kong. All I see and this 
body sees, my fellow colleagues, is Beijing's failure to honor the 
promises made in the 1984 Sino-British declaration, an international 
treaty. All we see is Beijing's failure to honor the promises of Hong 
Kong's Basic Law.
  We cannot avert our eyes to what is happening in Hong Kong. We cannot 
silence our voices when the rule of law, democracy, human rights, free 
speech, and autonomy are being threatened in Hong Kong. We must remain 
steadfast in support of the people of Hong Kong.
  The whole world has a stake in a peaceful and just resolution in Hong 
Kong. The passage of the Hong Kong Human Rights and Democracy Act is an 
important signal that this Congress, Democrat and Republican alike, 
House and Senate, considers Hong Kong's freedoms and autonomy a 
critical interest of the United States and the international community.
  In Hong Kong, they encourage each other to keep pressing forward with 
the phrase ``Jia you.'' So today, I say to you, all of you in Hong 
Kong: ``Jia you.'' Your cause is a noble, one and you will not be 
forgotten.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ENGEL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi), our Speaker of the House, who has been very, 
very active in Hong Kong freedom.
  Ms. PELOSI. Mr. Speaker, I thank the distinguished chairman for 
yielding.
  I salute him and Mr. McCaul, the ranking member of the Foreign 
Affairs Committee. To you, Mr. Chairman and Mr. McCaul, thank you for 
affording this opportunity to vote on the Hong Kong Human Rights and 
Democracy Act.
  This is a proud day for the U.S. Congress, for our values of freedom 
and justice, and for the people of Hong Kong.
  For 6 months, the people of Hong Kong have stirred the hearts of all 
freedom-loving people with their extraordinary outpouring of courage 
and their refusal to relinquish their demand for democracy, the 
democratic freedoms, and the rule of law which was promised more than 
two decades ago.
  Today, the Congress is sending an unmistakable message to the world 
that the United States stands in solidarity

[[Page H9094]]

with the freedom-loving people of Hong Kong, and we fully support their 
fight for freedom.
  We salute Chairman McGovern, a leading voice for human rights in 
China and around the world, our Congressional-Executive Commission on 
China chair and also chair of the Tom Lantos Human Rights Commission.
  Mr. Speaker, I thank Congressman Smith, just listening to him talk 
about we are into our third generation of freedom-loving people in Hong 
Kong.
  I am so glad Mr. Smith acknowledged the work of our distinguished 
former colleague, Frank Wolf, who was so, so very much a part and still 
continues to be a spiritual leader to us in this regard.
  We have worked with Martin Lee and Anson Chan way back when and--so 
late 1980s, early 1990s--then into this new century with another 
generation; and now, three generations, Martin Lee still being 
involved, but with Joshua Wong and Nathan Wong and all of the young 
participants who are there, because it is a sad situation.
  In 1997, when the United Kingdom transferred Hong Kong to China, 
America was hopeful that the people of Hong Kong would achieve the 
``high degree of autonomy''--that is in quotes--``high degree of 
autonomy'' that they were promised. Today, it is beyond question that 
China has utterly broken that promise.
  America has been watching for years as the people of Hong Kong have 
been increasingly denied their full autonomy and faced with a cruel 
crackdown on their freedoms and an escalation of violence.
  Most recently, the violent attacks against students at Hong Kong 
Polytechnic University have shocked the world as unconscionable and 
unacceptable.
  More than 1,000 young people were denied food, water, first aid. 
Scores were sent to the hospital for hypothermia after attempting to 
escape through a sewer, and hundreds now languish in jail cells.
  Right now, frightened parents of the students who remain on campus 
are holding vigil outside, praying that their children will be safe, 
clutching signs reading: ``Save the kids. Don't kill our children,'' 
and, ``They are children of God. Let them go.''
  In the Congress, Democrats and Republicans stand united with the 
protestors and with the people of Hong Kong. We have stood united in a 
bipartisan way.
  It has been a very unifying issue for us, whether we are talking 
about the autonomy of Tibet that the Chinese are trying to destroy, the 
culture, the language, and the region of Tibet; the Uighurs, where 1, 
2, 3, maybe 3 million Uighurs are under education camps, which the 
Chinese Government says they really enjoy being in--Oh, really?--or 
human rights violations, suppression of human rights throughout all of 
China.

                              {time}  1545

  If America does not speak out for human rights in China because of 
commercial interests, we lose all moral authority to speak out on human 
rights elsewhere.
  Since Tiananmen Square, many of us in a bipartisan way have been 
fighting this fight, and we have seen that commercial interests always 
win the fight. It has always for them been about money.
  To those who take the repressive Chinese Government's side, I say: 
What does it profit a person to gain the whole world and suffer the 
loss of his soul?
  Today the House is proud to once again pass the bicameral, bipartisan 
Hong Kong Human Rights and Democracy Act to reaffirm America's 
commitment to human rights, democracy, and the rule of law in the face 
of Beijing's crackdown.
  I see we have been joined by the distinguished ranking member of the 
Foreign Affairs Committee, Mr. McCaul. I thank him for his leadership 
in bringing this legislation to the floor. I acknowledged him earlier, 
along with our distinguished chairman, Mr. Engel.
  We are proud to pass the Senate version of Chairman McGovern's 
Protect Hong Kong Act to suspend sales on dangerous munitions to the 
Hong Kong police, and we also salute Senator Merkley in his leadership 
in passing that on the Senate floor.
  The future of Hong Kong, the future of autonomy, freedom, and justice 
for millions is at stake. America must take a stand with Hong Kong. I 
am so pleased that we are making our statement in Congress in the House 
and in the Senate on both sides of the aisle, Democrats and Republicans 
unified in speaking out for democracy.
  I urge a ``yes'' vote on both of these bills.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield as much time as he may 
consume to the gentleman from Texas (Mr. McCaul), the ranking member of 
the Committee on Foreign Affairs.
  Mr. McCAUL. Mr. Speaker, I thank the gentleman for yielding.
  I rise today in support of the Hong Kong Human Rights and Democracy 
Act. Two months ago I had the opportunity to join a press conference 
with Speaker Nancy Pelosi, Chairman Engel, my colleague, Chris Smith, 
and Hong Kong prodemocracy activists Joshua Wong, Nathan Law, and 
Denise Ho to denounce China's authoritarian brutality.
  I said it then and I will say it again; today we stand here not as 
Republicans or Democrats, but as Americans united in our strong support 
for Hong Kong.
  And I would like to take this opportunity to speak directly to the 
people of Hong Kong, who I know are watching this right now. America 
stands with you, and America will always support you. We hear you sing 
our national anthem. We see you carrying our American flag. This is a 
battle between democracy versus dictatorship, liberty versus tyranny, 
and freedom versus oppression.
  This bill sends a clear message to China that there will be 
consequences to the ruthless and brutal actions. Congress, the United 
States, and the world will not stand by idly as the Chinese Communist 
Party fights for itself and not its own people.
  Again, I want to thank the authors of this bill. I am proud to be a 
part of this movement, this cause. And we have seen quite a bit of 
response on social media on this bill coming directly from the people 
of Hong Kong to the Members who are on this floor saying thank you for 
standing up for us.
  That is democracy in action. That is what this country stands for. 
And it is a proud moment, I think, for both sides of the aisle as we 
are going through this time in our history to be able to stand together 
for democracy and such a great movement and cause for freedom.
  Mr. ENGEL. Mr. Speaker, I yield 4 minutes to the gentleman from 
Massachusetts (Mr. McGovern), an important leader on this issue.
  Mr. McGOVERN. Mr. Speaker, I rise in support of S. 1838, the Hong 
Kong Human Rights and Democracy Act.
  I want to say thank you to Speaker Nancy Pelosi for her incredible 
leadership in ensuring that the House made a timely and unequivocal 
statement in support of the Hong Kong people at this very important and 
vital time.
  I would also like to thank Congressman Chris Smith of New Jersey, as 
well as Chairman Engel and Ranking Member McCaul for bringing this 
legislation to the floor today. I also appreciate the leadership of 
Senators Rubio, Cardin, and Menendez for all that they have done.
  Mr. Speaker, in recent months, the situation in Hong Kong has 
worsened as the Chinese and Hong Kong Governments have escalated 
repression against the protest movement and provoked more violence and 
chaos.
  The recent attacks on university campuses, including last weekend 
against students at Hong Kong Polytechnic University raises disturbing 
questions on the strategy of the Chinese and Hong Kong Governments. 
Protestors were violently assaulted and not even allowed to escape 
without facing a barrage of tear gas and police brutality.
  It is long past time for the Chinese and Hong Kong Governments to try 
a different approach that respects the people of Hong Kong and restores 
the people's faith in the autonomy of the government. That is what 
political leaders do, they use dialogue and negotiation to achieve 
their goals. The demands of the protestors are reasonable, and an 
independent inquiry into the police violence is more than justified.
  In what was initially a positive development, this week the Hong Kong 
High Court decided that the government's recent facemask ban was 
unconstitutional. Unfortunately, the fierce

[[Page H9095]]

response by Beijing to that ruling and claim of sole jurisdiction over 
constitutional review almost certainly violates the basic law, subverts 
the rule of law, and further undermines whatever trust the Hong Kong 
people have left in their governing institutions.
  If the Hong Kong court system is not sufficiently autonomous, then it 
is difficult, if not impossible, to argue that Hong Kong is 
sufficiently autonomous. It should be clear by now that Hong Kong's 
leaders are beholden to the Chinese Government, and the independence of 
the judiciary is being undermined.

  The ``one country, two systems'' framework enshrined in the 1984 
Sino-British Joint Declaration and Hong Kong's basic law has been 
rapidly eroding and has now reached a point when the United States has 
no choice but to modify its policy toward Hong Kong.
  It is time we put the Chinese Government on annual notice that 
further erosion of autonomy or a crackdown will cause the city, which 
serves as an important financial haven for wealthy Chinese elites, to 
lose its special economic, financial and trade arrangement with the 
United States.
  Further, the legislation authorizes sanctions against individuals who 
violate human rights, and states that Hong Kong visa applicants should 
not be denied entry to the U.S. on the basis of politically-motivated 
arrests due to their protest activities.
  Today a Chinese official said that they will take strong opposing 
measures if the Hong Kong Human Rights and Democracy bill passes.
  Well, I have a message for Beijing: The United States will not stand 
idly by while the Chinese Government stifles free expression and 
tightens its grip on Hong Kong.
  Over the years, Hong Kong has prospered and become the financial 
center of Asia because of its strong commitment to the rule of law, 
good governance, human rights, and an open economic system.
  We must use our leverage to help the people of Hong Kong in their 
struggle to secure a democratic future that protects Hong Kong's 
autonomy and way of life.
  I am proud to support this legislation, which we will pass today with 
an overwhelmingly bipartisan majority.
  I now call upon the President of the United States, who has been way 
too silent on this issue, to sign the bill into law.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield 3 minutes to the 
gentleman from Florida (Mr. Yoho), the ranking member of the Asia, the 
Pacific, and Nonproliferation Subcommittee.
  Mr. YOHO. Mr. Speaker, I just want to give a shout-out to the 
bipartisan nature of this bill. Both sides are working strongly on 
this. Chairman Engel, thank you. Mr. McGovern, thank you. Chris, thank 
you for doing what you have done. It is true leadership. And to see 
Speaker Pelosi down here, I think it speaks loudly to how America 
stands on this.
  In September, I, too, had the honor of meeting with a few of the 
courageous leaders of Hong Kong student unions. They were advocating 
for peace, liberty, and freedom. These are basic innate human rights 
that have been taken away from Hong Kongers by the authoritarian 
overreach of the Chinese Communist Party Complex, which is comprised of 
Xi Jinping, the Politburo of the Chinese Communist Party, and 
leadership within the People's Liberation Army.
  As protests in Hong Kong continue into the sixth month, Xi Jinping 
still refuses to take responsibility for this unrest. The cause is 
simple: theft of basic rights and freedoms, not a separatist movement 
or foreign influence. Members of this body have been accused of being 
the cause of the protests. Speaker Pelosi was named individually. 
Senator Schumer, Marco Rubio, and I were named as the cause of the Hong 
Kong protests.
  This disdain was sparked by the introduction of the infamous 
extradition bill by Chief Executive Carrie Lam at the command of the 
CCPC and has grown into what are known as the five demands. Had Xi 
Jinping and his cohorts just honored the 1997 international agreement 
between Great Britain and China, which allows Hong Kong to remain a 
self-ruling, semi-autonomous province, none of this would have 
occurred.
  Not upholding one's contract has consequences. Disregarding contracts 
breaks trust and dishonors the country, its leaders, and its people. 
The narrative that the Chinese Communist Party Complex has created for 
itself is that China cannot and should not be trusted and that the 
party will go to great lengths to dismantle free societies in their 
backyard.
  The survival of democracy and freedom exposes the failures of 
communism. Xi Jinping, along with his cohorts' lack of acknowledgment 
of their failures, whether from deliberate denial or complete 
ignorance, was demonstrated by Mr. Han Zheng, China's Vice Premier, who 
said he believes antigovernment protests are damaging the ``one 
country, two systems'' formula, and again, are caused by a separatist 
movement and foreign influence.
  While sitting next to Chief Executive Carrie Lam, he continued, ``We 
firmly support the Special Administrative Region Government to adopt 
more proactive and more effective measures'' to solve the social 
problems.
  Since I wrote this, they have come out and said they expect to have 
brutality ramped up to bring these people under control. The proactive 
and more effective measures referred to by Mr. Han Zheng are 
intimidation, brutality, imprisonment and death.

  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield the gentleman from 
Florida an additional 1 minute.
  Mr. YOHO. Mr. Speaker, as the international community is well aware, 
Beijing's standard procedure for dealing with unrest is well 
documented. In the end, Xi Jinping will leave no stone unturned in his 
quest to destroy democracy. The party will spare no one in their fight 
to protect communist ideals and power. Chief Executive Lam will be 
Beijing's sacrificial lamb and removed for two reasons: one, the 
Communist Party must save face and have a scapegoat; and two, Xi 
Jinping and the Communist Party must maintain their authority and not 
show weakness.
  Communism fears free thought and cannot survive in it. And I am 
honored to stand with the Hong Kong protestors in their important 
cause. I urge my colleagues to also stand with the courageous 
individuals in Hong Kong and pass the Hong Kong Human Rights and 
Democracy Act.
  ``Jia you'' to our Hong Kong friends standing up for your basic human 
rights.
  Mr. ENGEL. Mr. Speaker, I yield the balance of my time to the 
gentleman from California (Mr. Sherman), and I ask unanimous consent 
that he be allowed to control the time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. SHERMAN. Mr. Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield as much time as he may 
consume to the gentleman from Arkansas (Mr. Hill).
  Mr. HILL of Arkansas. Mr. Speaker, I thank the gentleman from New 
Jersey, my good friend, for yielding, and I have to thank him for his 
decades of service and leadership here for free expression and for 
liberty in Hong Kong.
  I was moved by the Speaker's tribute and appreciate her 30 years of 
work there. I thank Mr. Engel for his leadership, and, of course, my 
good friend from California, who now is controlling the time for the 
majority.

                              {time}  1600

  Mr. Speaker, I rise today in strong support of the Hong Kong Human 
Rights and Democracy Act and stand in solidarity with the people of 
Hong Kong.
  For 6 months, we have witnessed Hong Kong citizens protest for their 
right to live in a free and fair political system, an expectation they 
fully have. Over the last several weeks, we have witnessed the 
government become increasingly violent as it cracks down on protests. 
It is sad to see death and destruction come to this beautiful and 
energetic place.
  For three decades, I have traveled to Hong Kong and witnessed their 
innovative spirit and their extraordinary work ethic. In fact, Hong 
Kong was the model for the post-World War II Asian

[[Page H9096]]

Tiger growth and prosperity now shared across the region. When a 
proponent of welfare statism queried progrowth economist Melvyn B. 
Krauss, ``But how many Hong Kongs can the world have?'' the professor 
responded, ``As many as the world will allow itself.''
  The 7 million citizens of Hong Kong are looking to us for a voice and 
for leadership, and with today's vote, we will deliver. I call on 
President Trump to sign this important measure into law with expediency 
and show the world that America supports the people of Hong Kong, their 
right to free expression, and their democratic governance guaranteed 
under the five-decade arrangement agreed to in 1997 by the People's 
Republic of China and the United Kingdom.
  Mr. Speaker, I thank Mr. Smith for his leadership, and I urge all of 
my colleagues to support this measure.
  Mr. SHERMAN. Mr. Speaker, I will close when the gentleman has closed 
on his side, and I reserve the balance of my time.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself the balance of 
my time.
  Mr. Speaker, the United States' and the world's response to the 
Tiananmen Square massacre 30 years ago and the massive crackdown that 
was unleashed after that, because of that weak response, has enabled 
unrelenting and pervasive human rights abuses ever since.
  Had we been strong and predictable and said that human rights matter, 
had we linked it to MFN, most-favored-nation status, and stuck to it, 
we would have had a different China today that, at least more than it 
does today, would have respected the rule of law and human rights.
  We cannot recommit that mistake by being weak and vacillating in the 
face of this terrible, terrible attack on the people of Hong Kong and 
on their autonomy.
  Remember, what we are asking Xi Jinping, Carrie Lam, and all the 
other leaders in Hong Kong and in Beijing to do is just honor your 
promises; you made solemn promises that you are violating now with 
impunity.
  We have to be very clear that if we enable that, if we look the other 
way, then we become unwittingly, perhaps, but complicit in this 
terrible degrading of the human rights situation for the people of Hong 
Kong.
  Mr. Speaker, I want to remind my colleagues as well, and I think we 
all know this, but this bill is the work of so many who deeply care, 
many Members across the aisle, bipartisanship at a time when that seems 
to be pretty much a rare commodity, but when it comes to Hong Kong, we 
are all there joined together arm-in-arm speaking out on behalf of 
these tremendous leaders who suffer and go to prison and endure tear 
gas and worse each and every day.
  I want to mention some of the staff members, and there are many. When 
we had the bill up on the 15th, I mentioned even more. But these 
members were instrumental in working on the legislation over the past 5 
years. Remember, this is the fourth time I introduced it, and I have 
worked with Marco Rubio and others. This is a bicameral and bipartisan 
bill.
  Mr. Speaker, I want to thank former staff directors of the 
Congressional-Executive Commission on China, Paul Protic and Elise 
Anderson, for their important work on Hong Kong and China. I want to 
thank Piero Tozzi of my staff for his focus on human rights in China 
and around the world. I particularly want to mention the contribution 
made to this legislation by Scott Flipse of the CECC, the 
Congressional-Executive Commission on China.
  In 2014, Dr. Flipse first convinced me. We had met, and he said that 
we have a problem in Hong Kong and that we need to address it. I was 
co-chair of the China Commission. Then we had meetings with Chinese 
leaders and Hong Kong leaders. We began to see that what was taking 
place in somewhat slow motion before our eyes was that there was a 
long-term Beijing plan to undermine Hong Kong's autonomy and that the 
U.S. needed to focus its efforts on countering that plan. He has been a 
stalwart advocate for the people of Hong Kong ever since, and I, again, 
want to thank him for his critical contributions to this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SHERMAN. Mr. Speaker, I yield myself such time as I may consume 
for the purpose of closing.
  We vote today on S. 1838, but this is not just a Senate bill. This is 
a bill very similar to the one introduced in this House by the 
gentleman from New Jersey. This House has already voted on this bill 
and supported it overwhelmingly. Today, once again, we show the world 
our commitment to the people of Hong Kong and to the preservation and 
protection of Hong Kong's autonomy, given China's aggressive attempts 
to undermine the ``one country, two systems'' approach.
  With this important legislation, we send a clear signal that the 
United States will hold those undermining Hong Kong's rights and 
autonomy accountable and that the American people stand shoulder to 
shoulder with the people of Hong Kong. With few exceptions, the people 
of Hong Kong have fought for their rights through peaceable protest, 
and we stand with them.
  Mr. Speaker, I hope all Members will join me in supporting the 
passage of this bill, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. McGovern). The question is on the motion 
offered by the gentleman from New York (Mr. Engel) that the House 
suspend the rules and pass the bill, S. 1838.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SHERMAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________