HONG KONG HUMAN RIGHTS AND DEMOCRACY ACT OF 2019; Congressional Record Vol. 165, No. 162
(House of Representatives - October 15, 2019)

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[Pages H8119-H8124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            HONG KONG HUMAN RIGHTS AND DEMOCRACY ACT OF 2019

  Mr. SHERMAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3289) to amend the Hong Kong Policy Act of 1992 and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3289

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.
Sec. 5. Report on enforcement of United States export control and 
              sanctions laws by Hong Kong.
Sec. 6. Protecting United States interests with respect to Hong Kong.
Sec. 7. Sanctions relating to undermining fundamental freedoms and 
              autonomy in Hong Kong.
Sec. 8. Sanctions reports.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs of the House of 
     Representatives;
       (B) the Committee on Financial Services of the House of 
     Representatives;
       (C) the Committee on the Judiciary of the House of 
     Representatives.
       (D) the Committee on Foreign Relations of the Senate;
       (E) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate; and
       (F) the Committee on the Judiciary of the Senate.
       (2) China.--The term ``China'' means the People's Republic 
     of China.
       (3) Social credit system.--The term ``social credit 
     system'' means a system proposed by the Government of China 
     and scheduled for implementation by 2020 that would use 
     existing financial credit systems, public records, online 
     activity, and other tools of surveillance to aggregate data 
     on every Chinese citizen and business and use that data to 
     monitor, shape, and rate certain financial, social, 
     religious, or political behaviors.

     SEC. 3. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to reaffirm the principles and objectives set forth in 
     the United States-Hong Kong Policy Act of 1992 (Public Law 
     102-383), namely that--
       (A) the United States has ``a strong interest in the 
     continued vitality, prosperity, and stability of Hong Kong'';
       (B) ``[s]upport for democratization is a fundamental 
     principle of United States foreign policy'' and therefore 
     ``naturally applies to United States policy toward Hong 
     Kong'';
       (C) ``the human rights of the people of Hong Kong are of 
     great importance to the United States and are directly 
     relevant to United States interests in Hong Kong [and] serve 
     as a basis for Hong Kong's continued economic prosperity''; 
     and
       (D) Hong Kong must remain sufficiently autonomous from the 
     People's Republic of China to ``justify treatment under a 
     particular law of the United States, or any provision 
     thereof, different from that accorded the People's Republic 
     of China'';
       (2) to support the high degree of autonomy and fundamental 
     rights and freedoms of the people of Hong Kong, as enumerated 
     by--
       (A) the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing December 19, 1984 (referred to 
     in this Act as the ``Joint Declaration'');
       (B) the International Covenant on Civil and Political 
     Rights, done at New York December 19, 1966; and

[[Page H8120]]

       (C) the Universal Declaration of Human Rights, done at 
     Paris December 10, 1948.
       (3) to support the democratic aspirations of the people of 
     Hong Kong, including the ``ultimate aim'' of the selection of 
     the Chief Executive and all members of the Legislative 
     Council by universal suffrage, as articulated in the Basic 
     Law of the Hong Kong Special Administrative Region of the 
     People's Republic of China (referred to in this Act as the 
     ``Basic Law'');
       (4) to urge the Government of the People's Republic of 
     China and the Government of the Hong Kong Special Autonomous 
     Region to uphold their commitment to the people of Hong Kong, 
     including providing a high degree of autonomy for Hong Kong 
     as articulated in the Joint Declaration and the Basic Law;
       (5) to support the robust exercise by residents of Hong 
     Kong of the rights to free speech, the press, and other 
     fundamental freedoms as provided by the Basic Law and the 
     Joint Declaration;
       (6) to support freedom from arbitrary or unlawful arrest, 
     detention, or imprisonment for all Hong Kong residents, as 
     provided to them by the Basic Law and the Joint Declaration;
       (7) to draw international attention to any violations by 
     the Government of the People's Republic of China of the 
     fundamental rights of the people of Hong Kong and any 
     encroachment upon the autonomy guaranteed to Hong Kong by the 
     Basic Law and the Joint Declaration;
       (8) to protect United States citizens and legal permanent 
     residents living in Hong Kong as well as people visiting and 
     transiting through Hong Kong; and
       (9) to maintain the economic and cultural ties that provide 
     significant benefits to both the United States and Hong Kong.

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

       (a) Certifications.--Title II of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended 
     by adding at the end the following new section:

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

       ``(a) Certification.--
       ``(1) In general.--The Secretary of State shall annually 
     submit to the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a certification, in conjunction with, and taking into 
     consideration the contents of, the report required in section 
     301, regarding whether Hong Kong continues to warrant 
     treatment under particular treaties, international 
     agreements, and United States laws, or any provisions 
     thereof, specified in paragraph (2) in the same manner as 
     such treaties, international agreements, and laws were 
     applied to Hong Kong as of the date of enactment of this 
     section.
       ``(2) Provisions specified.--The treaties, international 
     agreements, and United States laws specified in this 
     paragraph are the following:
       ``(A) Commercial agreements.
       ``(B) Law enforcement cooperation, including extradition 
     matters.
       ``(C) Nonproliferation commitments.
       ``(D) Sanctions enforcement.
       ``(E) Export control agreements, including enforcement of 
     export controls with respect to dual use technologies.
       ``(F) Formal treaties and agreements between the United 
     States and Hong Kong, including agreements related to 
     taxation and currency exchange.
       ``(G) Other particular laws of the United States, or any 
     provisions thereof, that accord to Hong Kong treatment 
     different to that accorded to the People's Republic of China.
       ``(H) Other bilateral or multilateral agreements determined 
     relevant by the Secretary.
       ``(3) Contents.--Each assessment under paragraph (1) shall 
     include an evaluation of the Government of Hong Kong's 
     autonomous decision-making within the executive, legislative, 
     and judicial branches, with respect to--
       ``(A) upholding the rule of law; and
       ``(B) protecting the rights enumerated in--
       ``(i) the Joint Declaration of the Government of the United 
     Kingdom of Great Britain and Northern Ireland and the 
     Government of the People's Republic of China on the Question 
     of Hong Kong, done at Beijing December 19, 1984 (the `Joint 
     Declaration');
       ``(ii) the Basic Law of the Hong Kong Special 
     Administrative Region of the People's Republic of China (the 
     `Basic Law');
       ``(iii) the Universal Declaration of Human Rights, done at 
     Paris December 10, 1948; and
       ``(iv) the International Covenant on Civil and Political 
     Rights, done at New York December 19, 1966.
       ``(4) Factors for consideration.--In making a certification 
     under paragraph (1), the Secretary of State should consider 
     the terms, obligations, and expectations expressed in the 
     Joint Declaration and the Basic Law.
       ``(5) Additional certifications.--Notwithstanding the 
     annual requirement for certifications under paragraph (1), 
     the Secretary of State may issue additional certifications at 
     any time if the Secretary determines that circumstances in 
     Hong Kong warrant such.
       ``(6) Form.--Each certification under paragraph (1) and any 
     additional certifications under paragraph (5) shall be 
     submitted in unclassified from but may include a classified 
     annex if the Secretary of State determines such is necessary.
       ``(b) Waiver.--The Secretary of State may waive the 
     application of subsection (a), in whole or in part, if--
       ``(1) the Secretary determines that such a waiver--
       ``(A) is in the national security interests of the United 
     States; or
       ``(B) would protect the autonomy of Hong Kong; and
       ``(2) on or before the date on which such a waiver takes 
     effect, the Secretary notifies the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives of the intent to waive such 
     subsection.
       ``(c) Public Availability.--The unclassified portion of the 
     certifications required under subsection (a) shall be made 
     available to the public, including through publication on the 
     Department of State website.''.
       (b) Visa Applicants.--Title II of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), as amended 
     by subsection (a), is further amended by adding at the end 
     the following new section:

     ``SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO 
                   ENTER THE UNITED STATES.

       ``It is the sense of Congress that applications for visas 
     to enter the United States, including for work or study, 
     which are submitted by otherwise qualified applicants from 
     Hong Kong should not be denied solely on the basis of 
     politically-motivated arrest, detention, or other adverse 
     government action taken against such applicants as a result 
     of the participation by such applicants in protest 
     activities, and that the Secretary of State should make 
     efforts to implement such policy, ensure consular officers 
     make determinations in accordance with such policy, and 
     coordinate with representatives of other countries to 
     encourage the adoption of compatible policies.''.
       (c) Reporting Requirements.--Subsection (a) of section 301 
     of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 
     5731) is amended--
       (1) in the matter preceding paragraph (1), in the first 
     sentence, by striking ``2024'' and inserting ``2027'';
       (2) in paragraph (7), by striking ``and'' after the 
     semicolon at the end;
       (3) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following new paragraphs:
       ``(9) China's ability to limit Hong Kong's autonomy with 
     respect to the treaties, international agreements, and United 
     States laws specified in section 205(a)(2) as result of 
     actions by the Government of the People's Republic of China 
     that are inconsistent with its commitments under the Basic 
     Law or the Joint Declaration;
       ``(10) the limitations to Hong Kong's autonomy with respect 
     to the treaties, international agreements, and United States 
     laws specified in section 205(a)(2) resulting from actions by 
     the Government of the Hong Kong Special Autonomous Region 
     that are inconsistent with its commitments under the Basic 
     Law or the Joint Declaration;
       ``(11) the specific impacts to any areas of cooperation 
     between the United States and Hong Kong as a result of 
     limits, whether self-imposed or otherwise, to Hong Kong's 
     autonomy, including any failures of the Hong Kong Government 
     to fulfill obligations with the United States under the 
     treaties, international agreements, and United States laws 
     specified in section 205(a)(2);
       ``(12) the specific actions taken by the United States 
     Government to mitigate the negative impact to United States 
     interests of limitations, whether self-imposed or otherwise, 
     to Hong Kong's autonomy or any failures to fulfill 
     obligations with the United States under the treaties, 
     international agreements, and United States laws specified in 
     section 205(a)(2); and
       ``(13) whether the rescission of special treatment under 
     any particular treaties, international agreements, or 
     particular laws of the United States, or any provisions 
     thereof would contribute to further erosion of Hong Kong's 
     autonomy.''.

     SEC. 5. REPORT ON ENFORCEMENT OF UNITED STATES EXPORT CONTROL 
                   AND SANCTIONS LAWS BY HONG KONG.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall transmit to 
     the committees specified in subsection (b) a report that 
     includes the following:
       (1) An assessment of the policies and actions of the 
     Government of the Hong Kong Special Autonomous Region to 
     enforce the Export Control Reform Act of 2018 (subtitle B of 
     title XVII of Public Law 115-232) and other relevant 
     provisions of United States law related to export controls.
       (2) To the extent possible, an identification of the 
     following:
       (A) Any items that were transferred from Hong Kong in 
     violation of such laws.
       (B) The countries and persons to which such items were 
     transferred.
       (C) How such items were used.
       (3) An assessment of whether United States origin items 
     (including software, technology, and services) have been 
     transferred from Hong Kong to China in violation of United 
     States law and have been used by China for mass surveillance, 
     predictive policing, or for the social credit system.
       (4) An assessment of the policies and actions of the 
     Government of the Hong Kong Special Autonomous Region to 
     enforce sanctions imposed by the United States and the United 
     Nations.

[[Page H8121]]

       (5) A description of the types of goods and services 
     transshipped or reexported through Hong Kong in violation of 
     such sanctions to--
       (A) North Korea or Iran; or
       (B) other countries, regimes, or persons subject to such 
     sanctions for engaging in activities--
       (i) relating to--

       (I) international terrorism, international narcotics 
     trafficking, or the proliferation of weapons of mass 
     destruction; or
       (II) corruption and violations of human rights; or

       (ii) that otherwise present a threat to the national 
     security, foreign policy, or economy of the United States.
       (b) Committees Specified.--The committees specified in this 
     subsection are the following:
       (1) The Committee on Foreign Relations of the Senate.
       (2) The Committee on Banking, Housing, and Urban Affairs of 
     the Senate.
       (3) The Committee on Foreign Affairs of the House of 
     Representatives.
       (4) The Committee on Financial Services of the House of 
     Representatives.
       (c) Form of Report.--The report required under subsection 
     (a) shall be transmitted in unclassified form, but may 
     include a classified annex.

     SEC. 6. PROTECTING UNITED STATES INTERESTS WITH RESPECT TO 
                   HONG KONG.

       (a) Policy Statements.--It is the policy to the United 
     States--
       (1) to safeguard United States citizens and lawful 
     permanent residents from extradition, rendition, or abduction 
     to China from Hong Kong for trial, detention, or any other 
     purpose;
       (2) to safeguard United States businesses in Hong Kong from 
     economic coercion and intellectual property theft;
       (3) pursuant to section 103(7) of the United States-Hong 
     Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage 
     United States businesses ``to continue to operate in Hong 
     Kong in accordance with applicable United States and Hong 
     Kong law''; and
       (4) pursuant to section 201(b) of such Act (22 U.S.C. 
     5721(b)), to evaluate as circumstances require the Government 
     of Hong Kong is ``legally competent to carry out its 
     obligations'' under treaties and international agreements 
     established between the United States and Hong Kong.
       (b) Notification to Congress.--
       (1) Determination.--The Secretary of State shall, with 
     respect to any legislation proposed or enacted by the 
     Government of Hong Kong, determine, not later than 30 days 
     after such legislation is proposed or enacted, if such 
     proposed or enacted legislation would--
       (A) put United States citizens or lawful permanent 
     residents at risk for rendition to China or other countries 
     with which the United States Government does not have an 
     extradition agreement; or
       (B) otherwise have a significant negative impact on United 
     States interests with respect to Hong Kong.
       (2) Notification.--If the Secretary of State makes a 
     determination in the affirmative under paragraph (1), the 
     Secretary shall submit to the appropriate congressional 
     committees a notification relating thereto that includes the 
     following:
       (A) An assessment of the potential risks of the proposed or 
     enacted legislation described in such paragraph to United 
     States national interests, including risks to United States 
     citizens or lawful permanent residents residing in, traveling 
     to, or transiting through Hong Kong.
       (B) A strategy for protecting United States interests in 
     Hong Kong with respect to the proposed or enacted legislation 
     described in such paragraph.

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

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

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

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

[[Page H8122]]

       (2) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (3) Knowingly.--The term ``knowingly'' means, with respect 
     to conduct, a circumstance, or a result, means that a person 
     has actual knowledge, or should have known, of the conduct, 
     the circumstance, or the result.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 8. SANCTIONS REPORTS.

       (a) In General.--The President shall transmit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) A list of each foreign person with respect to which the 
     President imposed sanctions under section 7 during the year 
     preceding the transmission of such report.
       (2) A description of the type of sanctions imposed with 
     respect to each such person.
       (3) The number of foreign persons with respect to which the 
     President terminated such sanctions during such year.
       (4) The dates on which such sanctions were imposed or 
     terminated, as applicable.
       (5) The reasons for imposing or terminating such sanctions.
       (6) A description of the efforts of the President to 
     encourage the governments of other countries to impose 
     sanctions that are similar to such sanctions.
       (b) Form.--The report required under subsection (a) shall 
     be transmitted in unclassified form but may contain a 
     classified annex.
       (c) Public Availability.--The unclassified portion of the 
     report required under subsection (a) shall be made available 
     to the public, including through publication in the Federal 
     Register.
       (d) Nonapplicability of Confidentiality Requirement With 
     Respect to Visa Records.--The President shall publish the 
     report required under subsection (a) without regard to the 
     requirements of section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)) with respect to 
     confidentiality of records pertaining to the issuance or 
     refusal of visas or permits to enter the United States.

     SEC. 9. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

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


                             General Leave

  Mr. SHERMAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 3289.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. SHERMAN. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I want to start by thanking Mr. Smith for authoring the 
measure before us.
  The Hong Kong Human Rights and Democracy Act is a bill to advance our 
support for the people of Hong Kong. This bill updates the longstanding 
U.S. policy on Hong Kong so as to reflect what is happening on the 
ground today.
  The foundation of our relationship with Hong Kong was laid back in 
1992 when Congress passed the Hong Kong Policy Act. That is where we 
got the one country, two systems approach that paved the way for our 
strong partnership with Hong Kong.
  But we are watching now the Chinese Communist Party trying to break 
down that system, trying to strip Hong Kong's autonomy and bring it 
under full control of the government of the mainland. This has 
motivated millions of Hong Kongers to take to the streets and protest 
in defense of their rights. To support them, we need to make sure that 
our policy is brought up to date so it can match the challenges of the 
U.S.-Hong Kong relationship today.
  The Hong Kong Human Rights and Democracy Act does just that. It makes 
clear that the United States will stand up for Hong Kong's autonomy and 
democratic aspirations of its people. It beefs up reporting so that we 
can track any efforts by China to interfere in Hong Kong's affairs and 
to use Hong Kong to avoid U.S. export controls. It slaps sanctions on 
anyone responsible for undermining Hong Kong's autonomy or violating 
Hong Kongers' humans rights.
  This bill sends a strong message to China that the United States 
stands with the people of Hong Kong.
  Mr. Speaker, I urge my colleagues to support this measure, and I 
reserve the balance of my time.

                                         House of Representatives,


                              Committee on Financial Services,

                                  Washington, DC, October 8, 2019.
     Hon. Elliot Engel,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing concerning H.R. 3289, the 
     Hong Kong Human Rights and Democracy Act of 2019. In order to 
     permit the H.R. 3289 to proceed expeditiously to the House 
     Floor, I agree to forgo formal consideration of the bill.
       The Committee on Financial Services takes this action to 
     forego formal consideration of H.R. 3289 in light of the 
     changes that have been made to the bill as introduced, which 
     focuses the bill on matters within the jurisdiction of the 
     Committee on Foreign Affairs. The Committee also does so with 
     our mutual understanding that, by foregoing formal 
     consideration of H.R. 3289 at this time, we do not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation, and that our Committee will be 
     appropriately consulted and involved as this or similar 
     legislation moves forward with regard to any matters in the 
     Committee's jurisdiction. The Committee also reserves the 
     right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation that involves the Committee's 
     jurisdiction and request your support for any such request.
       Finally, I would appreciate your response to this letter 
     confirming this understanding, and I would ask that a copy of 
     our exchange of letters on this matter be included in the 
     Congressional Record during Floor consideration of H.R. 3289.
           Sincerely,
                                                    Maxine Waters,
     Chairwoman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                 Washington, DC, October 10, 2019.
     Hon. Maxine Waters,
     Chairman, Committee on Financial Services,
     House of Representatives, Washington, DC.
       Dear Chairwoman Waters: I am writing to you concerning H.R. 
     3289, the Hong Kong Human Rights and Democracy Act of 2019. I 
     appreciate your willingness to work cooperatively on this 
     legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the Committee on Financial Services under 
     House Rule X, and that your Committee will forgo action on 
     H.R. 3289 to expedite floor consideration. I further 
     acknowledge that the inaction of your Committee with respect 
     to the bill does not waive any future jurisdictional claim 
     over the matters contained in the bill that fall within your 
     jurisdiction. I also acknowledge that your Committee will be 
     appropriately consulted and involved as this or similar 
     legislation moves forward, and will support the appointment 
     of Committee on Financial Services conferees during any 
     House-Senate conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, October 10, 2019.
     Hon. Eliot L. Engel,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Chairman Engel: This is to advise you that the 
     Committee on the Judiciary has now had an opportunity to 
     review the provisions in H.R. 3289, the ``Hong Kong Human 
     Rights and Democracy Act of 2019'' that fall within our Rule 
     X jurisdiction. I appreciate your consulting with us on those 
     provisions. The Judiciary Committee has no objection to your 
     including them in the bill for consideration on the House 
     floor, and to expedite that consideration is willing to forgo 
     action on H.R. 3289, with the understanding that we do not 
     thereby waive any future jurisdictional claim over those 
     provisions or their subject matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have

[[Page H8123]]

     worked regarding this matter and others between our 
     committees.
           Sincerely,
                                                   Jerrold Nadler,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                 Washington, DC, October 10, 2019.
     Hon. Jerrold Nadler,
     Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Nadler: I am writing to you concerning H.R. 
     3289, the Hong Kong Human Rights and Democracy Act of 2019. I 
     appreciate your willingness to work cooperatively on this 
     legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the Committee on the Judiciary under House 
     Rule X, and that your Committee will forgo action on H.R. 
     3289 to expedite floor consideration. I further acknowledge 
     that the inaction of your Committee with respect to the bill 
     does not waive any future jurisdictional claim over the 
     matters contained in the bill that fall within your 
     jurisdiction. I will also support the appointment of 
     Committee on the Judiciary conferees during any House-Senate 
     conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
                                                         Chairman.

  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, first of all, I want to thank so many people for working 
so hard on this piece of legislation: my good friend,  Jim McGovern, 
the principal cosponsor and just a great friend, on fighting tyranny in 
China. He chairs the China Commission. I am the ranking member. 
Previously, I have chaired it, and so we have gone back and forth in 
working that leadership. I want to thank him especially for that.
  Mr. Speaker, I also want to thank, of course, Chairman Engel and 
Ranking Member McCaul, Chairman Sherman and Ranking Member Yoho for 
their strong support for this bipartisan legislation.
  Mr. Speaker, there are a number of staffers who I will speak about in 
a moment. No. I will do it now: Scott Flipse for his great work on this 
bill, it is landmark work going back to 5 years ago; Jon Stivers; Reva 
Price from the Speaker's office, who has been tenacious on this 
legislation; Jennifer Hendrixson-White; Bryan Burack; Janice Kaguyutan; 
Theresa Lou; Darrow Godeski Merton; Doug Anderson; Piero Tozzi; Sabrina 
Tsai. Just so many very good people who have all pulled together in a 
bipartisan way to make sure that this legislation comes to the floor 
and becomes law.
  Mr. Speaker, since the 1989 Tiananmen Square massacre 30 years ago, I 
have had the privilege of working with colleagues on both sides of the 
aisle, including Speaker Pelosi, on human rights, the rule of law and 
democracy for the People's Republic of China.
  Mr. Speaker, I also want to thank Kevin McCarthy, the minority leader 
here in the House, the Republican leader, who has put me on as his 
selection on the China Commission and for his strong support for this 
legislation as well.
  We have always believed, Mr. Speaker, that every person in China 
deserves better than the brutality so many endure every single day and 
the systematic violations of their universally-recognized human rights.
  Tragically, under President Xi Jinping, human rights abuses 
throughout China have significantly worsened, including the pervasive 
use of torture, religious persecution, and human trafficking.
  Solemn promises made by Beijing are rarely kept, and far too many 
leaders of the free world are far too eager to blindly accept fiction 
over fact.
  Broken promises are the rule, not the exception under Xi Jinping, and 
the people of Hong Kong are suffering because of it.
  During the 2014 Umbrella Movement, the world saw the courageous 
people of Hong Kong demanding that Beijing not renege on promises made 
to ensure universal suffrage, basic rights, and authentic elections in 
2017.
  Despite President Xi Jinping's brutal crackdown on protesters then 
and now, triggered this time by an outrageous proposed policy to 
facilitate extradition, the resolve, the courage, the tenacity, and 
clarity of purpose of the people of Hong Kong shines through the 
darkness like the Sun.
  Two days ago, Reuters reported that President Xi Jinping told leaders 
in Nepal, ``Anyone attempting to split China in any part of the country 
will end in crushed bodies and shattered bones.''
  President Xi's government excels in crushing bodies, shattering 
bones, torturing dissidents, and filling concentration camps, massive 
crimes against humanity, for which there has been little or no 
accountability or sanctioning.
  But today, Mr. Speaker, we are simply urging the Chinese President 
and the Hong Kong Chief Executive--and we have that obligation under 
our own laws--to faithfully honor the government's promises.
  Honor the promises made in the 1984 Sino-British Joint Declaration 
that facilitated the conveyance of Hong Kong from the United Kingdom to 
China beginning on July 1, 1997, that autonomy, human rights, including 
press, assembly, association, and religion, would be exactly the same 
as before the handover for at least 50 years.
  Honor the promises made in the ``Basic Law'' of Hong Kong adopted by 
China's National People's Congress in 1990, before the giveback of Hong 
Kong, that autonomy and rights would be protected.
  Even before the latest round of protests, Mr. Speaker, the U.S. State 
Department has noted that rights and liberties in Hong Kong have 
diminished. They are not living up to their solemn promises made in 
order for the Hong Kong conveyance to occur.
  You know, the great young leader, Joshua Wong, reminded us that a 
fourth of the population of Hong Kong, about 2 million people, turned 
out for one of the peaceful protests. Mr. Speaker, where has that ever 
happened?
  Five years ago, Mr. Speaker, in 2014, joined by Mrs. Pelosi, I 
introduced the bipartisan Hong Kong Human Rights and Democracy Act. We 
did it again in 2015, in 2017, and again this year, again, with my good 
friend from Massachusetts.
  Our new bill, the Hong Kong Human Rights and Democracy Act, is a 
blueprint for meaningful action. Specifically, the act directs the 
Secretary of State to certify to Congress annually whether Hong Kong 
continues to deserve special treatment under U.S. law different from 
mainland China in such matters as trade, customs, sanctions 
enforcement, law enforcement cooperation, and protection of human 
rights and the rule of law.
  It encourages the State Department not to deny visas based on an 
applicant's arrest or detention for participating in nonviolent 
activities in Hong Kong.
  It requires an annual report from the Commerce Department on whether 
the Hong Kong Government adequately enforces U.S. export controls and 
sanctions laws, including on those goods and services transshipped to 
North Korea, Iran, or other countries relating to the proliferation of 
weapons of mass destruction, violations of human rights, narcotics 
trafficking, and more.

                              {time}  1600

  It requires an assessment of whether U.S. origin items, including 
software, technology, and services, have been transferred from Hong 
Kong to China in violation of U.S. law and have been used by China for 
mass surveillance, predictive policing, or for the social credit 
system.
  Now, some people might ask: What is this social credit system? Mr. 
Speaker, it is a ubiquitous, totalitarian ``brave new world'' system 
scheduled for implementation by 2020 that will use public records, 
online activities, and other tools of surveillance to aggregate data on 
every single, solitary Chinese citizen and business and use that data 
to monitor, shape, and rate financial, social, religious, or political 
behaviors.
  It requires the Secretary of State to submit a strategy to Congress 
to protect U.S. citizens and businesses in Hong Kong from the erosion 
of autonomy and the rule of law because of actions taken by the Chinese 
Communist governments.
  It requires the President to identify and sanction persons in Hong 
Kong or in mainland China responsible for the erosion of Hong Kong's 
autonomy and serious abuses of human rights.

[[Page H8124]]

  It tracks the Magnitsky Act, which Mr. McGovern and I worked so hard 
to enact into law, so that we deny visas and also deny the ability to 
do business here to the people who are responsible for these egregious 
abuses.
  And it requires a waiver provision that helps ensure that our actions 
protect the great people of Hong Kong and enhance the autonomy rather 
than inadvertently harming it. So it gives real flexibility to the 
President and to the State Department to make the right call.
  Finally, Mr. Speaker, I have heard it said that the business of Hong 
Kong is business. It is that. But it is also clear to me, now, that the 
business of Hong Kong is freedom and democracy.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SHERMAN. Mr. Speaker, I join with the gentleman from New Jersey 
in praising the staff members who helped create these bills, not only 
the one under consideration, but the other two that deal with Hong 
Kong.
  Mr. Speaker, I yield 4 minutes to the gentleman from Massachusetts 
(Mr. McGovern), a great champion for human rights.
  Mr. McGOVERN. Mr. Speaker, I rise in support of H.R. 3289, the Hong 
Kong Human Rights and Democracy Act.
  Mr. Speaker, I thank Congressman Chris Smith for his incredible 
leadership in introducing this bipartisan legislation and for all of 
his work on human rights. I also thank Chairman Engel and Ranking 
Member McCaul, as well as Chairman Sherman, for their leadership and 
their support of this bill and bringing it before the House today for 
consideration.
  Behind me is a photograph taken on Monday night in Hong Kong's Chater 
Garden. It is estimated that 130,000 people took part in this rally 
calling on the United States Congress to pass the Hong Kong Human 
Rights and Democracy Act.
  The Hong Kong people need international support, and I am proud that 
the United States House of Representatives is standing in solidarity 
with Hong Kong in their struggle.
  While the protests were sparked by the extradition bill, the heart of 
the discontent is that many of Hong Kong's political leaders do not 
represent the people. Instead, Hong Kong's leaders are beholden to the 
Chinese Government. Millions of Hong Kongers would not have to protest 
in the streets if they could freely choose their political leaders.
  Since the 2014 umbrella movement protests, the ``one country, two 
systems'' framework has been rapidly eroding as free expression has 
been stifled and the space for democratic participation has been 
restricted. We have seen the prosecution and sentencing of prodemocracy 
leaders, the disqualification and removal of prodemocracy legislators, 
the abduction and arbitrary detention of booksellers, and the expelling 
of a Financial Times journalist.
  Hong Kong's high degree of autonomy is enshrined in the legally 
binding 1984 Sino-British Joint Declaration and Hong Kong's Basic Law. 
The joint declaration is an international treaty, signed by the Chinese 
Government, and guarantees the protection of rights and a separate 
economic system for mainland China.
  I believe it is time for the United States to reconsider its policies 
toward Hong Kong.
  U.S.-Hong Kong relations are governed by the United States-Hong Kong 
Policy Act of 1992 that commits the United States to treating Hong Kong 
as a separate customs territory from the rest of China as long as Hong 
Kong remains sufficiently autonomous. The Hong Kong Human Rights and 
Democracy Act would require the Secretary of State to certify, on an 
annual basis, whether Hong Kong continues to warrant special treatment 
different from mainland China under U.S. law.
  It is time we put the Chinese Government on annual notice that 
further erosion of autonomy or a crackdown will cause the city, which 
serves as an important financial haven for wealthy Chinese elites, to 
lose its special economic, financial, and trade arrangement with the 
United States.
  Further, the legislation authorizes sanctions against individuals who 
violate human rights and states that Hong Kong visa applicants should 
not be denied entry to the United States based on politically motivated 
arrests based on their protest activities.
  To be clear, we stand together with the people of Hong Kong and, 
indeed, all the people of China when we express our concerns about the 
human rights violations of the Hong Kong and Chinese Governments.
  Over the years, Hong Kong has prospered and become the financial 
center of Asia because of its strong commitment to the rule of law, 
good governance, human rights, and open economic system. We must use 
our leverage to help the people of Hong Kong in their struggle to 
secure a democratic future that protects Hong Kong's autonomy and way 
of life.
  Mr. Speaker, I am proud to support this legislation, and I urge all 
of my colleagues to support this legislation.
  Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SHERMAN. Mr. Speaker, I have no additional speakers on this side, 
so I yield myself such time as I may consume for the purpose of 
closing.
  Mr. Speaker, I thank Mr. Smith for introducing this legislation.
  Thirty years since Tiananmen Square and Chinese authorities are still 
turning to violence and intimidation to crush dissent and attack basic 
freedoms. With this important legislation, we send a clear signal that 
the United States stands with the people of Hong Kong.
  Mr. Speaker, I hope all Members will join me in supporting the 
passage of this legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Sherman) that the House suspend the 
rules and pass the bill, H.R. 3289, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________