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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Engrossed in House (EH)]

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116th CONGRESS
  1st Session
                                H. R. 3289

_______________________________________________________________________

                                 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:

                                                                 Clerk.
116th CONGRESS

  1st Session

                               H. R. 3289

_______________________________________________________________________

                                 AN ACT

   To amend the Hong Kong Policy Act of 1992 and for other purposes.
```