[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 243
116th CONGRESS
1st Session
H. R. 3289
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 16, 2019
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the Hong Kong Policy Act of 1992 and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hong Kong Human
Rights and Democracy Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.
Sec. 5. Report on enforcement of United States export control and
sanctions laws by Hong Kong.
Sec. 6. Protecting United States interests with respect to Hong Kong.
Sec. 7. Sanctions relating to undermining fundamental freedoms and
autonomy in Hong Kong.
Sec. 8. Sanctions reports.
Sec. 9. Determination of budgetary effects.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives;
(B) the Committee on Financial Services of the
House of Representatives;
(C) the Committee on the Judiciary of the House of
Representatives.
(D) the Committee on Foreign Relations of the
Senate;
(E) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(F) the Committee on the Judiciary of the Senate.
(2) China.--The term ``China'' means the People's Republic
of China.
(3) Social credit system.--The term ``social credit
system'' means a system proposed by the Government of China and
scheduled for implementation by 2020 that would use existing
financial credit systems, public records, online activity, and
other tools of surveillance to aggregate data on every Chinese
citizen and business and use that data to monitor, shape, and
rate certain financial, social, religious, or political
behaviors.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in
the United States-Hong Kong Policy Act of 1992 (Public Law 102-
383), namely that--
(A) the United States has ``a strong interest in
the continued vitality, prosperity, and stability of
Hong Kong'';
(B) ``[s]upport for democratization is a
fundamental principle of United States foreign policy''
and therefore ``naturally applies to United States
policy toward Hong Kong'';
(C) ``the human rights of the people of Hong Kong
are of great importance to the United States and are
directly relevant to United States interests in Hong
Kong [and] serve as a basis for Hong Kong's continued
economic prosperity''; and
(D) Hong Kong must remain sufficiently autonomous
from the People's Republic of China to ``justify
treatment under a particular law of the United States,
or any provision thereof, different from that accorded
the People's Republic of China'';
(2) to support the high degree of autonomy and fundamental
rights and freedoms of the people of Hong Kong, as enumerated
by--
(A) the Joint Declaration of the Government of the
United Kingdom of Great Britain and Northern Ireland
and the Government of the People's Republic of China on
the Question of Hong Kong, done at Beijing December 19,
1984 (referred to in this Act as the ``Joint
Declaration'');
(B) the International Covenant on Civil and
Political Rights, done at New York December 19, 1966;
and
(C) the Universal Declaration of Human Rights, done
at Paris December 10, 1948.
(3) to support the democratic aspirations of the people of
Hong Kong, including the ``ultimate aim'' of the selection of
the Chief Executive and all members of the Legislative Council
by universal suffrage, as articulated in the Basic Law of the
Hong Kong Special Administrative Region of the People's
Republic of China (referred to in this Act as the ``Basic
Law'');
(4) to urge the Government of the People's Republic of
China and the Government of the Hong Kong Special Autonomous
Region to uphold their commitment to the people of Hong Kong,
including providing a high degree of autonomy for Hong Kong as
articulated in the Joint Declaration and the Basic Law;
(5) to support the robust exercise by residents of Hong
Kong of the rights to free speech, the press, and other
fundamental freedoms as provided by the Basic Law and the Joint
Declaration;
(6) to support freedom from arbitrary or unlawful arrest,
detention, or imprisonment for all Hong Kong residents, as
provided to them by the Basic Law and the Joint Declaration;
(7) to draw international attention to any violations by
the Government of the People's Republic of China of the
fundamental rights of the people of Hong Kong and any
encroachment upon the autonomy guaranteed to Hong Kong by the
Basic Law and the Joint Declaration;
(8) to protect United States citizens and legal permanent
residents living in Hong Kong as well as people visiting and
transiting through Hong Kong; and
(9) to maintain the economic and cultural ties that provide
significant benefits to both the United States and Hong Kong.
SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992.
(a) Certifications.--Title II of the United States-Hong Kong Policy
Act of 1992 (22 U.S.C. 5721 et seq.) is amended by adding at the end
the following new section:
``SEC. 205. SECRETARY OF STATE CERTIFICATION REGARDING THE AUTONOMY OF
HONG KONG.
``(a) Certification.--
``(1) In general.--The Secretary of State shall annually
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a certification, in conjunction with, and taking into
consideration the contents of, the report required in section
301, regarding whether Hong Kong continues to warrant treatment
under particular treaties, international agreements, and United
States laws, or any provisions thereof, specified in paragraph
(2) in the same manner as such treaties, international
agreements, and laws were applied to Hong Kong as of the date
of enactment of this section.
``(2) Provisions specified.--The treaties, international
agreements, and United States laws specified in this paragraph
are the following:
``(A) Commercial agreements.
``(B) Law enforcement cooperation, including
extradition matters.
``(C) Nonproliferation commitments.
``(D) Sanctions enforcement.
``(E) Export control agreements, including
enforcement of export controls with respect to dual use
technologies.
``(F) Formal treaties and agreements between the
United States and Hong Kong, including agreements
related to taxation and currency exchange.
``(G) Other particular laws of the United States,
or any provisions thereof, that accord to Hong Kong
treatment different to that accorded to the People's
Republic of China.
``(H) Other bilateral or multilateral agreements
determined relevant by the Secretary.
``(3) Contents.--Each assessment under paragraph (1) shall
include an evaluation of the Government of Hong Kong's
autonomous decision-making within the executive, legislative,
and judicial branches, with respect to--
``(A) upholding the rule of law; and
``(B) protecting the rights enumerated in--
``(i) the Joint Declaration of the
Government of the United Kingdom of Great
Britain and Northern Ireland and the Government
of the People's Republic of China on the
Question of Hong Kong, done at Beijing December
19, 1984 (the `Joint Declaration');
``(ii) the Basic Law of the Hong Kong
Special Administrative Region of the People's
Republic of China (the `Basic Law');
``(iii) the Universal Declaration of Human
Rights, done at Paris December 10, 1948; and
``(iv) the International Covenant on Civil
and Political Rights, done at New York December
19, 1966.
``(4) Factors for consideration.--In making a certification
under paragraph (1), the Secretary of State should consider the
terms, obligations, and expectations expressed in the Joint
Declaration and the Basic Law.
``(5) Additional certifications.--Notwithstanding the
annual requirement for certifications under paragraph (1), the
Secretary of State may issue additional certifications at any
time if the Secretary determines that circumstances in Hong
Kong warrant such.
``(6) Form.--Each certification under paragraph (1) and any
additional certifications under paragraph (5) shall be
submitted in unclassified from but may include a classified
annex if the Secretary of State determines such is necessary.
``(b) Waiver.--The Secretary of State may waive the application of
subsection (a), in whole or in part, if--
``(1) the Secretary determines that such a waiver--
``(A) is in the national security interests of the
United States; or
``(B) would protect the autonomy of Hong Kong; and
``(2) on or before the date on which such a waiver takes
effect, the Secretary notifies the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives of the intent to waive such
subsection.
``(c) Public Availability.--The unclassified portion of the
certifications required under subsection (a) shall be made available to
the public, including through publication on the Department of State
website.''.
(b) Visa Applicants.--Title II of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection
(a), is further amended by adding at the end the following new section:
``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO ENTER THE
UNITED STATES.
``It is the sense of Congress that applications for visas to enter
the United States, including for work or study, which are submitted by
otherwise qualified applicants from Hong Kong should not be denied
solely on the basis of politically-motivated arrest, detention, or
other adverse government action taken against such applicants as a
result of the participation by such applicants in protest activities,
and that the Secretary of State should make efforts to implement such
policy, ensure consular officers make determinations in accordance with
such policy, and coordinate with representatives of other countries to
encourage the adoption of compatible policies.''.
(c) Reporting Requirements.--Subsection (a) of section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is
amended--
(1) in the matter preceding paragraph (1), in the first
sentence, by striking ``2024'' and inserting ``2027'';
(2) in paragraph (7), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (8), by striking the period and inserting
``; and''; and
(4) by adding at the end the following new paragraphs:
``(9) China's ability to limit Hong Kong's autonomy with
respect to the treaties, international agreements, and United
States laws specified in section 205(a)(2) as result of actions
by the Government of the People's Republic of China that are
inconsistent with its commitments under the Basic Law or the
Joint Declaration;
``(10) the limitations to Hong Kong's autonomy with respect
to the treaties, international agreements, and United States
laws specified in section 205(a)(2) resulting from actions by
the Government of the Hong Kong Special Autonomous Region that
are inconsistent with its commitments under the Basic Law or
the Joint Declaration;
``(11) the specific impacts to any areas of cooperation
between the United States and Hong Kong as a result of limits,
whether self-imposed or otherwise, to Hong Kong's autonomy,
including any failures of the Hong Kong Government to fulfill
obligations with the United States under the treaties,
international agreements, and United States laws specified in
section 205(a)(2);
``(12) the specific actions taken by the United States
Government to mitigate the negative impact to United States
interests of limitations, whether self-imposed or otherwise, to
Hong Kong's autonomy or any failures to fulfill obligations
with the United States under the treaties, international
agreements, and United States laws specified in section
205(a)(2); and
``(13) whether the rescission of special treatment under
any particular treaties, international agreements, or
particular laws of the United States, or any provisions thereof
would contribute to further erosion of Hong Kong's autonomy.''.
SEC. 5. REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL AND
SANCTIONS LAWS BY HONG KONG.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the committees
specified in subsection (b) a report that includes the following:
(1) An assessment of the policies and actions of the
Government of the Hong Kong Special Autonomous Region to
enforce the Export Control Reform Act of 2018 (subtitle B of
title XVII of Public Law 115-232) and other relevant provisions
of United States law related to export controls.
(2) To the extent possible, an identification of the
following:
(A) Any items that were transferred from Hong Kong
in violation of such laws.
(B) The countries and persons to which such items
were transferred.
(C) How such items were used.
(3) An assessment of whether United States origin items
(including software, technology, and services) have been
transferred from Hong Kong to China in violation of United
States law and have been used by China for mass surveillance,
predictive policing, or for the social credit system.
(4) An assessment of the policies and actions of the
Government of the Hong Kong Special Autonomous Region to
enforce sanctions imposed by the United States and the United
Nations.
(5) A description of the types of goods and services
transshipped or reexported through Hong Kong in violation of
such sanctions to--
(A) North Korea or Iran; or
(B) other countries, regimes, or persons subject to
such sanctions for engaging in activities--
(i) relating to--
(I) international terrorism,
international narcotics trafficking, or
the proliferation of weapons of mass
destruction; or
(II) corruption and violations of
human rights; or
(ii) that otherwise present a threat to the
national security, foreign policy, or economy
of the United States.
(b) Committees Specified.--The committees specified in this
subsection are the following:
(1) The Committee on Foreign Relations of the Senate.
(2) The Committee on Banking, Housing, and Urban Affairs of
the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives.
(4) The Committee on Financial Services of the House of
Representatives.
(c) Form of Report.--The report required under subsection (a) shall
be transmitted in unclassified form, but may include a classified
annex.
SEC. 6. PROTECTING UNITED STATES INTERESTS WITH RESPECT TO HONG KONG.
(a) Policy Statements.--It is the policy to the United States--
(1) to safeguard United States citizens and lawful
permanent residents from extradition, rendition, or abduction
to China from Hong Kong for trial, detention, or any other
purpose;
(2) to safeguard United States businesses in Hong Kong from
economic coercion and intellectual property theft;
(3) pursuant to section 103(7) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage
United States businesses ``to continue to operate in Hong Kong
in accordance with applicable United States and Hong Kong
law''; and
(4) pursuant to section 201(b) of such Act (22 U.S.C.
5721(b)), to evaluate as circumstances require the Government
of Hong Kong is ``legally competent to carry out its
obligations'' under treaties and international agreements
established between the United States and Hong Kong.
(b) Notification to Congress.--
(1) Determination.--The Secretary of State shall, with
respect to any legislation proposed or enacted by the
Government of Hong Kong, determine, not later than 30 days
after such legislation is proposed or enacted, if such proposed
or enacted legislation would--
(A) put United States citizens or lawful permanent
residents at risk for rendition to China or other
countries with which the United States Government does
not have an extradition agreement; or
(B) otherwise have a significant negative impact on
United States interests with respect to Hong Kong.
(2) Notification.--If the Secretary of State makes a
determination in the affirmative under paragraph (1), the
Secretary shall submit to the appropriate congressional
committees a notification relating thereto that includes the
following:
(A) An assessment of the potential risks of the
proposed or enacted legislation described in such
paragraph to United States national interests,
including risks to United States citizens or lawful
permanent residents residing in, traveling to, or
transiting through Hong Kong.
(B) A strategy for protecting United States
interests in Hong Kong with respect to the proposed or
enacted legislation described in such paragraph.
SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND
AUTONOMY IN HONG KONG.
(a) Identification of Persons Responsible for Undermining
Fundamental Freedoms and Autonomy in Hong Kong.--
(1) In general.--The President shall transmit to the
appropriate congressional committees a report, in accordance
with paragraph (2), that identifies each foreign person that
the President determines, based on credible information, is
knowingly responsible for any of the following:
(A) The actual or threatened rendition, arbitrary
detention, torture, or forced confession of any
individual in Hong Kong.
(B) Repeated acts or decisions which contravene the
shared obligations of China and Hong Kong under the
Joint Declaration and Basic Law and undermine the
national interests of the United States in Hong Kong's
autonomy and the rule of law.
(C) Other gross violations of internationally
recognized human rights in Hong Kong.
(2) Timing of reports.--The President shall transmit--
(A) the report required under paragraph (1)--
(i) not later than 180 days after the date
of the enactment of this Act; and
(ii) not less frequently than annually
thereafter in conjunction with the publication
of the report required under section 301 of the
United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5731); and
(B) an update to the report required under
paragraph (1) not later than 15 days after any new
credible information described in such paragraph
becomes available.
(3) Consideration of certain information.--In preparing the
report required under paragraph (1), the President shall
consider the following:
(A) Information provided jointly by the chairperson
and ranking member of each of the appropriate
congressional committees.
(B) Credible information obtained by other
countries or nongovernmental organizations that monitor
violations of human rights abuses.
(4) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person identified in the report required under subsection (a)(1).
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Asset blocking.--The President shall exercise all of
the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign person
identified in the report required under subsection (a)(1) if
such property and interests in property are in the United
States, come within the United States, or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
described in subsection (a)(1) and his or her immediate
family members is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--A foreign person described
in subsection (a)(1) is subject to revocation
of any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(C) Exception to comply with international
obligations.--Sanctions under this paragraph shall not
apply with respect to a foreign person if admitting or
paroling such person into the United States is
necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign
person that violates, attempts to violate, conspires to
violate, or causes a violation of paragraph (1) to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(d) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(e) Waiver.--The President may waive the application of sanctions
under this section with respect to a foreign person identified in the
report required under subsection (a)(1) if the President determines and
certifies to the appropriate congressional committees that such a
waiver is in the national interest of the United States.
(f) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a foreign
person if the President determines and reports to the appropriate
congressional committees not less than 15 days before such termination
takes effect that--
(1) credible information exists that such person did not
engage in the activity for which sanctions were imposed;
(2) such person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) such person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a)(1) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(g) Exception Relating to the Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions under this section shall not include the authority or
requirement to impose sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Definitions.--In this section:
(1) Admitted.--The term ``admitted'' has the meanings given
such term in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 8. SANCTIONS REPORTS.
(a) In General.--The President shall transmit to the appropriate
congressional committees a report that includes the following:
(1) A list of each foreign person with respect to which the
President imposed sanctions under section 7 during the year
preceding the transmission of such report.
(2) A description of the type of sanctions imposed with
respect to each such person.
(3) The number of foreign persons with respect to which the
President terminated such sanctions during such year.
(4) The dates on which such sanctions were imposed or
terminated, as applicable.
(5) The reasons for imposing or terminating such sanctions.
(6) A description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to such sanctions.
(b) Form.--The report required under subsection (a) shall be
transmitted in unclassified form but may contain a classified annex.
(c) Public Availability.--The unclassified portion of the report
required under subsection (a) shall be made available to the public,
including through publication in the Federal Register.
(d) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the report required under
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 9. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives October 15, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 243
116th CONGRESS
1st Session
H. R. 3289
_______________________________________________________________________
AN ACT
To amend the Hong Kong Policy Act of 1992 and for other purposes.
_______________________________________________________________________
October 16, 2019
Received; read twice and placed on the calendar