II 

Calendar No. 238 

116TH CONGRESS 

1ST SESSION S. 1838 

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

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2019 

Mr. RUBIO (for himself, Mr. CARDIN, Mr. RISCH, Mr. MENENDEZ, Mr. 

HAWLEY, Mr. KING, Mr. MARKEY, Mr. COTTON, Mr. CRAMER, Mr. 

TOOMEY, Mr. DURBIN, Mrs. GILLIBRAND, Ms. COLLINS, Mr. COONS, Mr. 

WHITEHOUSE, Mr. CORNYN, Mr. WICKER, Mr. WARNER, Mr. MERKLEY, 

Mr. YOUNG, Mr. WYDEN, Mrs. SHAHEEN, and Mr. ROMNEY) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

SEPTEMBER 26, 2019 

Reported by Mr. RISCH, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Hong Kong Policy Act of 1992, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Hong Kong Human Rights and Democracy Act of 

4 2019’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. 

Sec. 5. Annual report on enforcement of United States export control and sanctions laws by Hong Kong. 

Sec. 6. Protecting United States citizens and others from rendition to mainland 

China. 

Sec. 7. Identification of persons responsible for abductions and for other actions to suppress basic freedoms in Hong Kong. 

Sec. 8. Inadmissibility of certain aliens and family members. 

Sec. 9. Financial measures. 

Sec. 10. Reports to Congress. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

10 and ‘‘alien’’ have the meanings given those terms in 

11 section 101 of the Immigration and Nationality Act 

12 (8 U.S.C. 1101). 

13 (2) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Armed Services of 

17 the Senate; 

18 (B) the Committee on Banking, Housing, 

19 and Urban Affairs of the Senate; 


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1 (C) the Committee on Foreign Relations of 

2 the Senate; 

3 (D) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (E) the Committee on the Judiciary of the 

6 Senate; 

7 (F) the Committee on Armed Services of 

8 the House of Representatives; 

9 (G) the Committee on Financial Services 

10 of the House of Representatives; 

11 (H) the Committee on Foreign Affairs of 

12 the House of Representatives; 

13 (I) the Committee on Homeland Security 

14 of the House of Representatives; and 

15 (J) the Committee on the Judiciary of the 

16 House of Representatives. 

17 (3) CHINA.—The term ‘‘China’’ means the Peo18 ple’s Republic of China. 

19 (4) FINANCIAL INSTITUTION.—The term ‘‘fi20 nancial institution’’ has the meaning given that term 

21 in section 5312 of title 31, United States Code. 

22 (5) SOCIAL CREDIT SYSTEM.—The term ‘‘social 

23 credit system’’ means a system proposed by the Gov24 ernment of China, scheduled to be implemented by 

25 2020, that would aggregate data on every Chinese 


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1 citizen and business from existing financial credit 

2 systems, mass surveillance, public records, online ac3 tivity, and artificial intelligence to expand the notion 

4 of a financial credit score, potentially rewarding or 

5 punishing certain financial, social, religious, or polit6 ical behaviors. 

7 (6) UNITED STATES PERSON.—The term 

8 ‘‘United States person’’ means— 

9 (A) a United States citizen or an alien law10 fully admitted for permanent residence to the 

11 United States; or 

12 (B) an entity organized under the laws of 

13 the United States or of any jurisdiction within 

14 the United States, including a foreign branch of 

15 such an entity. 

16 SEC. 3. STATEMENT OF POLICY. 

17 It is the policy of the United States— 

18 (1) to reaffirm the principles and objectives set 

19 forth in the United States-Hong Kong Policy Act of 

20 1992 (Public Law 102–383), namely that— 

21 (A) the United States has ‘‘a strong inter22 est in the continued vitality, prosperity, and 

23 stability of Hong Kong’’; 


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1 (B) ‘‘[s]upport for democratization is a 

2 fundamental principle of United States foreign 

3 policy’’; 

4 (C) ‘‘the human rights of the people of 

5 Hong Kong are of great importance to the 

6 United States and are directly relevant to 

7 United States interests in Hong Kong [and] 

8 serve as a basis for Hong Kong’s continued eco9 nomic prosperity’’; and 

10 (D) Hong Kong must remain sufficiently 

11 autonomous from the People’s Republic of 

12 China to justify a different treatment under a 

13 particular law of the United States, or any pro14 vision thereof, from that accorded the People’s 

15 Republic of China; 

16 (2) to support the democratic aspirations of the 

17 people of Hong Kong, as guaranteed to them by the 

18 Joint Declaration of the Government of the United 

19 Kingdom of Great Britain and Northern Ireland and 

20 the Government of the People’s Republic of China 

21 on the Question of Hong Kong, done at Beijing De22 cember 19, 1984 (referred to in this Act as the 

23 ‘‘Joint Declaration’’), the International Covenant on 

24 Civil and Political Rights, done at New York Decem25 ber 19, 1966, the Universal Declaration of Human 


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1 Rights, done at Paris December 10, 1948, and the 

2 Basic Law of the Hong Kong Special Administrative 

3 Region of the People’s Republic of China (referred 

4 to in this Act as the ‘‘Basic Law’’); 

5 (3) to urge the Government of the People’s Re6 public of China to uphold its commitments to Hong 

7 Kong, including allowing the people of Hong Kong 

8 to rule Hong Kong with a high degree of autonomy 

9 and without undue interference, and ensuring that 

10 Hong Kong voters freely enjoy the right to elect the 

11 Chief Executive and all members of the Hong Kong 

12 Legislative Council by universal suffrage; 

13 (4) to support the establishment of a genuine 

14 democratic option to freely and fairly nominate and 

15 elect the Chief Executive of Hong Kong, and the es16 tablishment by 2020 of open and direct democratic 

17 elections for all members of the Hong Kong Legisla18 tive Council; 

19 (5) to support the robust exercise by residents 

20 of Hong Kong of the rights to free speech and the 

21 press as guaranteed to them by the Basic Law and 

22 the Joint Declaration; 

23 (6) to ensure that all residents of Hong Kong 

24 are afforded freedom from arbitrary or unlawful arVerDate Sep 11 2014 22:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1838.RS S1838

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1 rest, detention, or imprisonment as guaranteed to 

2 them by the Basic Law and the Joint Declaration; 

3 (7) to draw international attention to any viola4 tions by the Government of the People’s Republic of 

5 China of the fundamental rights of residents of 

6 Hong Kong and any encroachment upon the auton7 omy guaranteed to Hong Kong by the Basic Law 

8 and the Joint Declaration; 

9 (8) to protect United States citizens and long10 term permanent residents living in Hong Kong and 

11 those visiting and transiting through Hong Kong; 

12 and 

13 (9) to maintain the economic and cultural ties 

14 that provide significant benefits to the United States 

15 and Hong Kong. 

16 SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG 

17 POLICY ACT OF 1992. 

18 (a) REPORT.—Title II of the United States-Hong 

19 Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is 

20 amended— 

21 (1) in section 201(b), by inserting ‘‘or after’’ 

22 after ‘‘entered into before’’; and 

23 (2) adding at the end the following: 


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1 ‘‘SEC. 205. SECRETARY OF STATE REPORT REGARDING THE 

2 AUTONOMY OF HONG KONG. 

3 ‘‘(a) REPORT.— 

4 ‘‘(1) IN GENERAL.—The Secretary of State 

5 shall annually certify to Congress, in conjunction 

6 with the report required under section 301, whether 

7 Hong Kong is sufficiently autonomous to justify spe8 cial treatment by the United States for bilateral 

9 agreements and programs, in accordance with this 

10 Act, including the degree to which Hong Kong’s au11 tonomy has been eroded due to actions taken by the 

12 Government of China that are inconsistent with its 

13 commitments in the Basic Law and the Joint Dec14 laration and the impact of such erosion on specific 

15 areas of cooperation with the United States, includ16 ing on political rights, civil liberties, rule of law, 

17 freedom of information, religious freedom, and 

18 democratic governance in Hong Kong. 

19 ‘‘(2) FACTOR FOR CONSIDERATION.—In making 

20 a certification under paragraph (1), the Secretary of 

21 State should consider the terms, obligations, and ex22 pectations expressed in the Joint Declaration with 

23 respect to Hong Kong. 

24 ‘‘(b) WAIVER AUTHORITY.—The Secretary of State 

25 may waive the application of subsection (a) if the Sec26 retary— 


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1 ‘‘(1) determines that such a waiver is in the na2 tional security interests of the United States; and 

3 ‘‘(2) on or before the date on which the waiver 

4 takes effect, notifies the Committee on Foreign Re5 lations of the Senate and the Committee on Foreign 

6 Affairs of the House of Representatives of the intent 

7 to waive such subsection.’’. 

8 (b) VISA APPLICANTS.—Title II of the United States9 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 

10 as amended by subsection (a), is further amended by add11 ing at the end the following: 

12 ‘‘SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR 

13 VISAS TO STUDY OR WORK IN THE UNITED 

14 STATES. 

15 ‘‘(a) STATEMENT OF POLICY.—Notwithstanding any 

16 other provision of law, applications for visas to enter, 

17 study, or work in the United States, which are submitted 

18 by otherwise qualified applicants who resided in Hong 

19 Kong in 2014, shall not be denied on the basis of the ap20 plicant’s arrest, detention, or other adverse government 

21 action taken as a result of the applicant’s participation 

22 in nonviolent protest activities related to the electoral 

23 process, internationally recognized human rights, pro24 tecting an independent judiciary, or the rule of law. 


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1 ‘‘(b) IMPLEMENTATION.—The Secretary of State 

2 shall take such steps as may be necessary to ensure that 

3 consular officers are aware of the policy described in sub4 section (a) and receive appropriate training and support 

5 to ensure that the policy is carried out so that affected 

6 individuals do not face discrimination or unnecessary 

7 delay in the processing of their visa applications, includ8 ing— 

9 ‘‘(1) providing specialized training for consular 

10 officers posted to Hong Kong, Beijing, Guangzhou, 

11 or Macau; 

12 ‘‘(2) instructing the United States Consulate in 

13 Hong Kong to maintain an active list of individuals 

14 whom are known to have been detained, arrested, or 

15 otherwise targeted by the Government of Hong 

16 Kong or of China, or intermediaries of such govern17 ments, as a result of their participation in the 2014 

18 protests, to facilitate the cross-checking of visa ap19 plications for Hong Kong residents; 

20 ‘‘(3) amending the physical and online versions 

21 of the visa application, as necessary, to notify rel22 evant applicants of such policy; and 

23 ‘‘(4) instructing personnel at the United States 

24 Consulate in Hong Kong to engage with relevant in25 dividuals in the Hong Kong community to 


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1 proactively inform them that they will not face dis2 crimination when applying for a visa to the United 

3 States due to any adverse action taken against them 

4 by the authorities as a result of their participation 

5 in the 2014 protests or other peaceful pro-democracy 

6 or human rights demonstrations. 

7 ‘‘(c) COOPERATION WITH LIKE-MINDED COUN8 TRIES.—The Secretary of State, or his or her designee, 

9 shall contact appropriate representatives of other demo10 cratic countries, particularly those who receive a large 

11 number of applicants for student and employment visas 

12 from Hong Kong— 

13 ‘‘(1) to inform them of the United States policy 

14 regarding arrests for participation in nonviolent pro15 tests in Hong Kong; 

16 ‘‘(2) to encourage them to take similar steps to 

17 ensure the rights of nonviolent protesters are pro18 tected from discrimination due to the actions of the 

19 Government of Hong Kong and of China; and 

20 ‘‘(3) to offer to share information, as appro21 priate, regarding the execution of such policy, in22 cluding information regarding persons eligible for re23 lief under such policy.’’. 


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1 SEC. 5. ANNUAL REPORT ON ENFORCEMENT OF UNITED 

2 STATES EXPORT CONTROL AND SANCTIONS 

3 LAWS BY HONG KONG. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, and annually thereafter, 

6 the Secretary of Commerce, in consultation with the Sec7 retary of the Treasury and the Secretary of State, shall 

8 submit a report to the committees specified in subsection 

9 (b) that includes— 

10 (1) an assessment of whether the Government 

11 of Hong Kong has adequately enforced the export 

12 control laws of the United States with respect to 

13 sensitive dual-use items; 

14 (2) to the extent possible, an identification of— 

15 (A) any items that were reexported from 

16 Hong Kong in violation of such laws; 

17 (B) the countries and persons to which 

18 such items were reexported; and 

19 (C) how such items were used; 

20 (3) an assessment of whether sensitive dual-use 

21 items subject to the export control laws of the 

22 United States are being— 

23 (A) transshipped through Hong Kong; and 

24 (B) used to develop— 

25 (i) the Sharp Eyes, Skynet, Inte26 grated Joint Operations Platform, or other 


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1 systems of mass surveillance and predictive 

2 policing; or 

3 (ii) the ‘‘social credit’’ system of 

4 China; 

5 (4) an assessment of the efforts by the Govern6 ment of China to use the status of Hong Kong as 

7 a separate customs territory to import items into 

8 China in violation of the export control laws of the 

9 United States, whether as part of the Greater Bay 

10 Area plan, the assignment of Hong Kong by Beijing 

11 as a national technology and innovation center, or 

12 through other programs that may exploit Hong 

13 Kong as a conduit for controlled sensitive tech14 nology; 

15 (5) an assessment of whether the Government 

16 of Hong Kong has adequately enforced sanctions im17 posed by the United States and the United Nations; 

18 and 

19 (6) a description of the types of goods and serv20 ices transshipped or reexported through Hong Kong 

21 in violation of such sanctions to— 

22 (A) North Korea or Iran; or 

23 (B) other countries, regimes, or persons 

24 subject to such sanctions for engaging in activi25 ties— 


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1 (i) relating to international terrorism, 

2 international narcotics trafficking, or the 

3 proliferation of weapons of mass destruc4 tion; or 

5 (ii) that otherwise present a threat to 

6 the national security, foreign policy, or 

7 economy of the United States. 

8 (b) COMMITTEES SPECIFIED.—The committees spec9 ified in this subsection are— 

10 (1) the Committee on Foreign Relations of the 

11 Senate; 

12 (2) the Committee on Banking, Housing, and 

13 Urban Affairs of the Senate; 

14 (3) the Committee on Commerce, Science, and 

15 Transportation of the Senate; 

16 (4) the Committee on Foreign Affairs of the 

17 House of Representatives; and 

18 (5) the Committee on Energy and Commerce of 

19 the House of Representatives. 

20 (c) FORM OF REPORT.—The report required under 

21 subsection (a) shall be submitted in unclassified form, but 

22 may include a classified annex. 


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1 SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTH2 ERS FROM RENDITION TO MAINLAND CHINA. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) The proposed amendments to Hong Kong’s 

6 Fugitive Ordinance, if enacted— 

7 (A) would allow rendition from Hong Kong 

8 of residents or foreign nationals to countries— 

9 (i) with criminal procedure systems 

10 that lack strong protections for the rights 

11 of defendants; or 

12 (ii) in which the law is used as to re13 press internationally recognized human 

14 rights, including to mainland China; 

15 (B) would remove independent legislative 

16 oversight and appropriate judicial review of ex17 tradition requests; 

18 (C) may increase the influence of the Gov19 ernment of China in Hong Kong and further 

20 erode the autonomy guaranteed Hong Kong by 

21 the Joint Declaration; and 

22 (D) would erode Hong Kong’s reputation 

23 as a center of commerce and freedom governed 

24 by the rule of law. 

25 (2) The Government of China has subjected 

26 Chinese and foreign nationals, including citizens of 


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1 the United States, Canada, Australia, Sweden, and 

2 Taiwan, to arbitrary detention, televised confessions, 

3 denial of legal representation and medical treatment, 

4 and other type of mistreatment. 

5 (b) POLICY STATEMENTS.—It is the policy of the 

6 United States— 

7 (1) to ensure that United States citizens are 

8 protected from rendition to mainland China; 

9 (2) pursuant to section 103(7) of the United 

10 States-Hong Kong Policy Act of 1992 (22 U.S.C. 

11 5713(7)), to encourage United States businesses ‘‘to 

12 continue to operate in Hong Kong in accordance 

13 with applicable United States and Hong Kong law’’; 

14 and 

15 (3) pursuant to section 201(b) of such Act (22 

16 U.S.C. 5721(b)), to decide whether the Government 

17 of Hong Kong is ‘‘legally competent to carry out its 

18 obligations’’ under treaties and international agree19 ments established between the United States and 

20 Hong Kong. 

21 (c) RESPONSE TO THREAT OF RENDITION.—If the 

22 proposed amendments to Hong Kong’s Fugitive Offenders 

23 Ordinance are enacted, and the amended law allows ren24 ditions to countries that lack protection for the rights of 

25 defendants— 


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1 (1) not later than 30 days after the date of the 

2 enactment of such amendments, the President shall 

3 submit a report to the appropriate congressional 

4 committees that— 

5 (A) assesses whether the Government of 

6 Hong Kong is ‘‘legally competent’’ to admin7 ister the United States-Hong Kong Agreement 

8 for the Surrender of Fugitive Offenders; 

9 (B) determines whether any additional au10 thorities are needed to revise or withdraw from 

11 that treaty to protect United States citizens 

12 and national security and to support the guar13 anteed protections of the Joint Declaration; and 

14 (C) includes a strategy for protecting 

15 United States citizens from rendition to main16 land China from Hong Kong, including an as17 sessment of— 

18 (i) whether additional resources are 

19 needed for American Citizen Services at 

20 the United States Consulate in Hong 

21 Kong; and 

22 (ii) whether the Department of State 

23 will revise the travel advisory for Hong 

24 Kong to reflect the potential impact of the 

25 revised Fugitive Offenders Ordinance on 


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1 United States residents and individuals 

2 traveling to, or transiting through, Hong 

3 Kong; and 

4 (2) if the Government of Hong Kong enacts a 

5 new law regarding national security, pursuant to Ar6 ticle 23 of the Basic Law, the President and the 

7 Secretary of State shall take the actions required 

8 under paragraph (1) and any additional actions re9 quired under section 202 of the United States-Hong 

10 Kong Policy Act of 1992 (U.S.C. 5722) unless Sec11 retary of State certifies that— 

12 (A) the new law does not violate the guar13 antees of the Joint Declaration; and 

14 (B) the internationally recognized human 

15 rights of Hong Kong citizens and foreign resi16 dents will not be restricted as a result of the 

17 new law’s implementation. 

18 SEC. 7. IDENTIFICATION OF PERSONS RESPONSIBLE FOR 

19 ABDUCTIONS AND FOR OTHER ACTIONS TO 

20 SUPPRESS BASIC FREEDOMS IN HONG KONG. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, and annually thereafter 

23 in conjunction with the publication of the report required 

24 under section 301 of the Hong Kong Policy Act of 1992 

25 (22 U.S.C. 5731) the President shall submit, to the approVerDate Sep 11 2014 22:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1838.RS S1838

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1 priate congressional committees, a list containing the 

2 name of each person who the President determines, based 

3 on credible information, is responsible for— 

4 (1) the surveillance, abduction, detention, 

5 abuse, or forced confession of Gui Minhai, Lee Bo, 

6 Lam Wing-kee, Lui Bo, or Cheung Chi-ping, all of 

7 whom are involved in the operation of the Mighty 

8 Current Publishing House based in Hong Kong; 

9 (2) the surveillance, abduction, detention, 

10 abuse, or forced confession of Guo Zhongxiao or 

11 Wang Jianmin, both of whom are involved in the op12 eration of magazine publications based in Hong 

13 Kong; or 

14 (3) the rendition to the mainland of the Peo15 ple’s Republic of China of any individual, or the ar16 bitrary detention, torture, or forced confession of 

17 any individual after rendition, in connection with the 

18 exercise by that individual of internationally recog19 nized human rights in Hong Kong, including such 

20 individuals extradited to the mainland of the Peo21 ple’s Republic of China under any amended fugitive 

22 offenders ordinance in Hong Kong. 

23 (b) CONSIDERATION OF CERTAIN INFORMATION.—In 

24 preparing the list required under subsection (a), the Presi25 dent shall consider— 


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1 (1) information provided by the chairperson and 

2 ranking member of each of the appropriate congres3 sional committees; and 

4 (2) credible information obtained by other coun5 tries or nongovernmental organizations, including or6 ganizations inside China or Hong Kong, that mon7 itor the human rights abuses of the Government of 

8 the China or its agents. 

9 (c) REQUESTS BY CHAIRPERSON AND RANKING

10 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT11 TEES.— 

12 (1) IN GENERAL.—Not later than 120 days 

13 after receiving a written request from the chair14 person and ranking member of 1 of the appropriate 

15 congressional committees with respect to whether a 

16 person meets the criteria for being added to the list 

17 required under subsection (a), the President shall 

18 submit a response to the chairperson and ranking 

19 member of the committee that made the request 

20 with respect to the status of the person. 

21 (2) INFORMATION ABOUT REMOVAL DECI22 SIONS.—If the President removes from the list re23 quired under subsection (a) a person that was placed 

24 on the list at the request of the chairperson and 

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1 sional committees, the President shall provide the 

2 chairperson and ranking member with any informa3 tion that contributed to the decision to remove the 

4 person. 

5 (3) FORM.—The President may submit a re6 sponse required under paragraph (1) in classified 

7 form if the President determines that such classi8 fication is vital to the national security interests of 

9 the United States. 

10 SEC. 8. INADMISSIBILITY OF CERTAIN ALIENS AND FAMILY 

11 MEMBERS. 

12 (a) IN GENERAL.—Section 212(a)(2) of the Immi13 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

14 amended by adding at the end the following: 

15 ‘‘(J) CERTAIN ALIENS RESPONSIBLE FOR

16 ABDUCTIONS OR EXTRADITIONS FROM HONG

17 KONG.—Any alien included in the list submitted 

18 by the President under section 7(a) of the 

19 Hong Kong Human Rights and Democracy Act 

20 of 2019 is inadmissible.’’. 

21 (b) CURRENT VISAS REVOKED.— 

22 (1) IN GENERAL.—The issuing consular officer, 

23 the Secretary of State, or the Secretary of Home24 land Security (or a designee of either Secretary) 

25 shall revoke any visa or other entry documentation 


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1 issued to any alien who is included on the list re2 quired under section 7(a), regardless of when such 

3 visa or entry documentation was issued. 

4 (2) EFFECTIVE DATE.—Revocations under 

5 paragraph (1) shall take effect on the date such ac6 tion is taken and shall automatically cancel any 

7 other valid visa or entry documentation that is in 

8 the alien’s possession. 

9 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

10 (1) IN GENERAL.—The Secretary of State may 

11 waive, with respect to an alien, the application of 

12 section 212(a)(2) of the Immigration and Nation13 ality Act, as amended by subsection (a), or the ap14 plication of subsection (b) if the Secretary— 

15 (A) determines that such waiver— 

16 (i) is necessary to permit the United 

17 States to comply with the Agreement be18 tween the United Nations and the United 

19 States of America regarding the Head20 quarters of the United Nations, signed 

21 June 26, 1947, and entered into force No22 vember 21, 1947, or other applicable inter23 national obligations of the United States; 

24 or 


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1 (ii) is vital to the national security in2 terests of the United States; and 

3 (B) before granting such waiver, provides 

4 to the appropriate congressional committees no5 tice of, and a justification for, the waiver. 

6 (2) TIMING FOR CERTAIN WAIVERS.—Notifica7 tion under subparagraph (B) of paragraph (1) shall 

8 be made not later than 15 days before granting a 

9 waiver under such paragraph if the Secretary grants 

10 such waiver under subparagraph (A)(ii) of such 

11 paragraph. 

12 (d) REGULATORY AUTHORITY.—The Secretary of 

13 State shall prescribe such regulations as may be necessary 

14 to carry out this section. 

15 SEC. 9. FINANCIAL MEASURES. 

16 (a) BLOCKING OF PROPERTY.—The President shall 

17 exercise all powers granted by the International Emer18 gency Economic Powers Act (50 U.S.C. 1701 et seq.) (ex19 cept that the requirements of section 202 of such Act (50 

20 U.S.C. 1701) shall not apply) to the extent necessary to 

21 block and prohibit all transactions in all property and in22 terests in property of a person on the list required under 

23 section 7(a) if such property and interests in property— 

24 (1) are in the United States; 

25 (2) come within the United States; or 


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1 (3) are or come within the possession or control 

2 of a United States person. 

3 (b) EXCEPTION FOR IMPORTATION OF GOODS.— 

4 (1) IN GENERAL.—The requirement to impose 

5 sanctions under subsection (a) shall not include the 

6 authority to impose sanctions with respect to the im7 portation of goods. 

8 (2) GOOD DEFINED.—In this subsection, the 

9 term ‘‘good’’ means any article, natural or manmade 

10 substance, material, supply or manufactured prod11 uct, including inspection and test equipment, and ex12 cluding technical data. 

13 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

14 The President may waive the application of subsection (a) 

15 if the President— 

16 (1) determines that such waiver is vital for the 

17 national security interests of the United States; and 

18 (2) not later than 15 days before granting the 

19 waiver, submits to the appropriate congressional 

20 committees notice of, and a justification for, the 

21 waiver. 

22 (d) ENFORCEMENT.— 

23 (1) PENALTIES.—Any person that violates, at24 tempts to violate, conspires to violate, or causes a 

25 violation of subsection (a) or any regulation, license, 


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1 or order issued to carry out that subsection shall be 

2 subject to the penalties set forth in subsections (b) 

3 and (c) of section 206 of the International Emer4 gency Economic Powers Act (50 U.S.C. 1705) to the 

5 same extent as a person that commits an unlawful 

6 act described in subsection (a) of such section. 

7 (2) REQUIREMENTS FOR FINANCIAL INSTITU8 TIONS.—Not later than 120 days after the date of 

9 the enactment of this Act, the Secretary of the 

10 Treasury shall prescribe or amend regulations to the 

11 extent necessary to require each financial institution 

12 that is a United States person and has within its 

13 possession or control assets that are property or in14 terests in property of a person on the list required 

15 under section 7(a) to certify to the Secretary that, 

16 to the best of the knowledge of the financial institu17 tion, the financial institution has blocked all assets 

18 within the possession or control of the financial in19 stitution in accordance with subsection (a). 

20 (3) NOTIFICATION TO CONGRESS.—Not later 

21 than 10 days before prescribing or revising regula22 tions under paragraph (2), the President shall notify 

23 the appropriate congressional committees of the pro24 posed regulations and the provisions of this Act or 


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1 amendments made by this Act that the regulations 

2 are implementing. 

3 (e) RULEMAKING.—The Secretary of the Treasury 

4 shall issue such regulations, licenses, and orders as may 

5 be necessary to carry out this section. 

6 SEC. 10. REPORTS TO CONGRESS. 

7 (a) IN GENERAL.—The President shall submit a re8 port to the appropriate congressional committees that in9 cludes— 

10 (1) a list of each foreign person with respect to 

11 which the President imposed sanctions pursuant to 

12 section 8 or 9 during the 1-year period preceding the 

13 submission of the report; 

14 (2) a description of the type of sanctions im15 posed with respect to each such person; 

16 (3) the number of foreign persons with respect 

17 to which the President— 

18 (A) imposed sanctions under section 8 or 

19 9 during that year; and 

20 (B) terminated sanctions under section 8 

21 or 9 during that year; 

22 (4) the dates on which such sanctions were im23 posed or terminated; and 

24 (5) the reasons for imposing or terminating 

25 such sanctions. 


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1 (b) DATES FOR SUBMISSION.— 

2 (1) INITIAL REPORT.—The President shall sub3 mit the initial report under subsection (a) not later 

4 than 1 year after the date of the enactment of this 

5 Act. 

6 (2) SUBSEQUENT REPORTS.— 

7 (A) IN GENERAL.—The President shall 

8 submit a report under subsection (a) on Decem9 ber 10, or the first day thereafter on which 

10 both Houses of Congress are in session, of— 

11 (i) the calendar year in which the ini12 tial report is submitted if the initial report 

13 is submitted before December 10 of that 

14 calendar year; and 

15 (ii) each calendar year thereafter. 

16 (c) FORM OF REPORT.— 

17 (1) IN GENERAL.—Each report required under 

18 subsection (a) shall be submitted in unclassified 

19 form, but may include a classified annex. 

20 (2) EXCEPTION.—The name of a foreign person 

21 to be included in the list required under subsection 

22 (a)(1) may not be included in the classified annex 

23 authorized under paragraph (1) unless the Presi24 dent— 


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1 (A) determines that such inclusion is vital 

2 to the national security interests of the United 

3 States; 

4 (B) uses the annex in a manner consistent 

5 with congressional intent and the purposes of 

6 this Act; and 

7 (C) not later than 15 days before including 

8 such name in the classified annex, provides to 

9 the appropriate congressional committees notice 

10 of, and a justification for, including the name 

11 in the classified annex despite any publicly 

12 available credible information indicating that 

13 the person engaged in an activity described in 

14 section 8 or 9. 

15 (d) PUBLIC AVAILABILITY.— 

16 (1) IN GENERAL.—The unclassified portion of 

17 the report required under subsection (a) shall be 

18 made available to the public, including through pub19 lication in the Federal Register. 

20 (2) NONAPPLICABILITY OF CONFIDENTIALITY

21 REQUIREMENT WITH RESPECT TO VISA RECORDS.— 

22 The President shall publish the list required under 

23 subsection (a)(1) without regard to the requirements 

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1 fidentiality of records pertaining to the issuance or 

2 refusal of visas or permits to enter the United 

3 States. 

4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Hong Kong Human Rights and Democracy Act of 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Statement of policy. 

Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992. 

Sec. 5. Annual report on violations of United States export control laws and 

United Nations sanctions occurring in Hong Kong. 

Sec. 6. Protecting United States citizens and others from rendition to the People’s 

Republic of China. 

Sec. 7. Sanctions relating to undermining fundamental freedoms and autonomy 

in Hong Kong. 

Sec. 8. Sanctions reports. 

Sec. 9. Sense of Congress on People’s Republic of China state-controlled media. 

Sec. 10. Sense of Congress on commercial exports of crowd control equipment to 

Hong Kong. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional commit13 tees’’ means— 

14 (A) the Committee on Foreign Relations of 

15 the Senate; 

16 (B) the Committee on Armed Services of the 

17 Senate; 

18 (C) the Committee on Banking, Housing, 

19 and Urban Affairs of the Senate; 


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1 (D) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (E) the Committee on the Judiciary of the 

4 Senate; 

5 (F) the Committee on Foreign Affairs of the 

6 House of Representatives; 

7 (G) the Committee on Armed Services of the 

8 House of Representatives; 

9 (H) the Committee on Financial Services of 

10 the House of Representatives; 

11 (I) the Committee on Homeland Security of 

12 the House of Representatives; and 

13 (J) the Committee on the Judiciary of the 

14 House of Representatives. 

15 (2) SOCIAL CREDIT SYSTEM.—The term ‘‘social 

16 credit system’’ means a system proposed by the Gov17 ernment of the People’s Republic of China and sched18 uled for implementation by 2020, which would— 

19 (A) use existing financial credit systems, 

20 public records, online activity, and other tools of 

21 surveillance to aggregate data on every Chinese 

22 citizen and business; and 

23 (B) use such data to monitor, shape, and 

24 rate certain financial, social, religious, or polit25 ical behaviors. 


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1 (3) UNITED STATES PERSON.—The term ‘‘United 

2 States person’’ means— 

3 (A) a United States citizen; 

4 (B) a lawfully admitted permanent resident 

5 of the United States; or 

6 (C) an entity organized under the laws of— 

7 (i) the United States; or 

8 (ii) any jurisdiction within the United 

9 States, including a foreign branch of such 

10 an entity. 

11 SEC. 3. STATEMENT OF POLICY. 

12 It is the policy of the United States— 

13 (1) to reaffirm the principles and objectives set 

14 forth in the United States-Hong Kong Policy Act of 

15 1992 (Public Law 102–383), namely that— 

16 (A) the United States has ‘‘a strong interest 

17 in the continued vitality, prosperity, and sta18 bility of Hong Kong’’; 

19 (B) ‘‘[s]upport for democratization is a fun20 damental principle of United States foreign pol21 icy’’ and therefore ‘‘naturally applies to United 

22 States policy toward Hong Kong’’; 

23 (C) ‘‘the human rights of the people of Hong 

24 Kong are of great importance to the United 

25 States and are directly relevant to United States 


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1 interests in Hong Kong [and] serve as a basis for 

2 Hong Kong’s continued economic prosperity’’; 

3 and 

4 (D) Hong Kong must remain sufficiently 

5 autonomous from the People’s Republic of China 

6 to ‘‘justify treatment under a particular law of 

7 the United States, or any provision thereof, dif8 ferent from that accorded the People’s Republic 

9 of China’’; 

10 (2) to support the high degree of autonomy and 

11 fundamental rights and freedoms of the people of 

12 Hong Kong, as enumerated by— 

13 (A) the Joint Declaration of the Govern14 ment of the United Kingdom of Great Britain 

15 and Northern Ireland and the Government of the 

16 People’s Republic of China on the Question of 

17 Hong Kong, done at Beijing December 19, 1984 

18 (referred to in this Act as the ‘‘Joint Declara19 tion’’); 

20 (B) the International Covenant on Civil 

21 and Political Rights, done at New York Decem22 ber 19, 1966; and 

23 (C) the Universal Declaration of Human 

24 Rights, done at Paris December 10, 1948; 


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1 (3) to support the democratic aspirations of the 

2 people of Hong Kong, including the ‘‘ultimate aim’’ 

3 of the selection of the Chief Executive and all members 

4 of the Legislative Council by universal suffrage, as ar5 ticulated in the Basic Law of the Hong Kong Special 

6 Administrative Region of the People’s Republic of 

7 China (referred to in this Act as the ‘‘Basic Law’’); 

8 (4) to urge the Government of the People’s Re9 public of China to uphold its commitments to Hong 

10 Kong, including allowing the people of Hong Kong to 

11 govern Hong Kong with a high degree of autonomy 

12 and without undue interference, and ensuring that 

13 Hong Kong voters freely enjoy the right to elect the 

14 Chief Executive and all members of the Hong Kong 

15 Legislative Council by universal suffrage; 

16 (5) to support the establishment of a genuine 

17 democratic option to freely and fairly nominate and 

18 elect the Chief Executive of Hong Kong, and the estab19 lishment by 2020 of open and direct democratic elec20 tions for all members of the Hong Kong Legislative 

21 Council; 

22 (6) to support the robust exercise by residents of 

23 Hong Kong of the rights to free speech, the press, and 

24 other fundamental freedoms, as provided by the Basic 


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1 Law, the Joint Declaration, and the International 

2 Covenant on Civil and Political Rights; 

3 (7) to support freedom from arbitrary or unlaw4 ful arrest, detention, or imprisonment for all Hong 

5 Kong residents, as provided by the Basic Law, the 

6 Joint Declaration, and the International Covenant on 

7 Civil and Political Rights; 

8 (8) to draw international attention to any viola9 tions by the Government of the People’s Republic of 

10 China of the fundamental rights of the people of Hong 

11 Kong, as provided by the International Covenant on 

12 Civil and Political Rights, and any encroachment 

13 upon the autonomy guaranteed to Hong Kong by the 

14 Basic Law and the Joint Declaration; 

15 (9) to protect United States citizens and long16 term permanent residents living in Hong Kong, as 

17 well as people visiting and transiting through Hong 

18 Kong; 

19 (10) to maintain the economic and cultural ties 

20 that provide significant benefits to both the United 

21 States and Hong Kong; and 

22 (11) to coordinate with allies, including the 

23 United Kingdom, Australia, Canada, Japan, and the 

24 Republic of Korea, to promote democracy and human 

25 rights in Hong Kong. 


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1 SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG 

2 POLICY ACT OF 1992. 

3 (a) REPORT.—Title II of the United States-Hong 

4 Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amend5 ed— 

6 (1) in section 201(b), by striking ‘‘such date’’ 

7 each place such term appears and inserting ‘‘the date 

8 of the enactment of the Hong Kong Human Rights 

9 and Democracy Act of 2019’’; and 

10 (2) adding at the end the following: 

11 ‘‘SEC. 205. SECRETARY OF STATE REPORT REGARDING THE 

12 AUTONOMY OF HONG KONG. 

13 ‘‘(a) CERTIFICATION.— 

14 ‘‘(1) IN GENERAL.—Except as provided in sub15 section (b), the Secretary of State, on at least an an16 nual basis, and in conjunction with the report re17 quired under section 301, shall issue a certification to 

18 Congress that— 

19 ‘‘(A) indicates whether Hong Kong con20 tinues to warrant treatment under United States 

21 law in the same manner as United States laws 

22 were applied to Hong Kong before July 1, 1997; 

23 ‘‘(B) addresses— 

24 ‘‘(i) commercial agreements; 

25 ‘‘(ii) law enforcement cooperation, in26 cluding extradition requests; 


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1 ‘‘(iii) sanctions enforcement; 

2 ‘‘(iv) export controls, and any other 

3 agreements and forms of exchange involving 

4 dual use, critical, or other sensitive tech5 nologies; 

6 ‘‘(v) any formal treaties or agreements 

7 between the United States and Hong Kong; 

8 ‘‘(vi) other areas of bilateral coopera9 tion that the Secretary determines to be rel10 evant; and 

11 ‘‘(vii) decision-making within the Gov12 ernment of Hong Kong, including executive, 

13 legislative, and judicial structures, includ14 ing— 

15 ‘‘(I) freedom of assembly; 

16 ‘‘(II) freedom of speech; 

17 ‘‘(III) freedom of expression; and 

18 ‘‘(IV) freedom of the press, includ19 ing the Internet and social media; 

20 ‘‘(viii) universal suffrage, including the 

21 ultimate aim of the selection of the Chief 

22 Executive and all members of the Legisla23 tive Council by universal suffrage; 

24 ‘‘(ix) judicial independence; 

25 ‘‘(x) police and security functions; 


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1 ‘‘(xi) education; 

2 ‘‘(xii) laws or regulations regarding 

3 treason, secession, sedition, subversion 

4 against the Central People’s Government of 

5 the People’s Republic of China, or theft of 

6 state secrets; 

7 ‘‘(xiii) laws or regulations regarding 

8 foreign political organizations or bodies; 

9 ‘‘(xiv) laws or regulations regarding 

10 political organizations; and 

11 ‘‘(xv) other rights enumerated in the 

12 Universal Declaration of Human Rights, 

13 done at Paris December 10, 1948, and the 

14 International Covenant on Civil and Polit15 ical Rights, done at New York December 19, 

16 1966; and 

17 ‘‘(C) includes— 

18 ‘‘(i) an assessment of the degree of any 

19 erosions to Hong Kong’s autonomy in each 

20 category listed in subparagraph (B) result21 ing from actions by the Government of the 

22 People’s Republic of China that are incon23 sistent with its commitments under the 

24 Basic Law or the Joint Declaration; 


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1 ‘‘(ii) an evaluation of the specific im2 pacts to any areas of cooperation between 

3 the United States and Hong Kong resulting 

4 from erosions of autonomy in Hong Kong 

5 or failures of the Government of Hong Kong 

6 to fulfill obligations to the United States 

7 under international agreements within the 

8 categories listed in subparagraph (B); and 

9 ‘‘(iii) a list of any specific actions 

10 taken by the United States Government in 

11 response to any erosion of autonomy or fail12 ures to fulfill obligations to the United 

13 States under international agreements iden14 tified in this certification and the report re15 quired under section 301. 

16 ‘‘(2) FACTOR FOR CONSIDERATION.—In making 

17 each certification under paragraph (1), the Secretary 

18 of State should consider the terms, obligations, and 

19 expectations expressed in the Joint Declaration with 

20 respect to Hong Kong. 

21 ‘‘(3) ADDITIONAL CERTIFICATIONS.—The certifi22 cation under section (1) shall be issued annually, but 

23 the Secretary may issue additional certifications at 

24 any time if the Secretary determines it is warranted 

25 by circumstances in Hong Kong. 


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1 ‘‘(b) WAIVER AUTHORITY.— 

2 ‘‘(1) IN GENERAL.—The Secretary of State may 

3 waive the application of subsection (a) if— 

4 ‘‘(A) the Secretary determines that such a 

5 waiver is in the national security interests of the 

6 United States; and 

7 ‘‘(B) on or before the date on which the 

8 waiver takes effect, the Secretary notifies the 

9 Committee on Foreign Relations of the Senate 

10 and the Committee on Foreign Affairs of the 

11 House of Representatives of the intent to waive 

12 such subsection; 

13 ‘‘(2) PARTIAL WAIVER.—Except for the list of ac14 tions described in subsection (a)(1)(C)(iii), the Sec15 retary of State may waive relevant parts of the appli16 cation of subsection (a) if the President issues an Ex17 ecutive order under section 202 that suspends the ap18 plication of any particular United States law to 

19 Hong Kong.’’. 

20 (b) VISA APPLICANTS.—Title II of the United States21 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 

22 as amended by subsection (a), is further amended by adding 

23 at the end the following: 


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1 ‘‘SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR 

2 VISAS TO STUDY OR WORK IN THE UNITED 

3 STATES. 

4 ‘‘(a) VISA ELIGIBILITY FOR CERTAIN HONG KONG

5 STUDENTS.—Notwithstanding any other provision of law, 

6 applications for visas to enter, study, or work in the United 

7 States, which are submitted by otherwise qualified appli8 cants who resided in Hong Kong in 2014 and later, may 

9 not be denied primarily on the basis of the applicant’s sub10 jection to politically-motivated arrest, detention, or other 

11 adverse government action. 

12 ‘‘(b) IMPLEMENTATION.—The Secretary of State shall 

13 take such steps as may be necessary to ensure that consular 

14 officers are aware of the policy described in subsection (a) 

15 and receive appropriate training and support to ensure 

16 that the policy is carried out so that affected individuals 

17 do not face discrimination or unnecessary delay in the 

18 processing of their visa applications, including— 

19 ‘‘(1) providing specialized training for all con20 sular officers posted to the United States Embassy in 

21 Beijing or to any United States consulate in the Peo22 ple’s Republic of China, the Hong Kong Special Ad23 ministrative Region, or the Macau Special Adminis24 trative Region; 

25 ‘‘(2) instructing the United States Consulate in 

26 Hong Kong to maintain an active list of individuals 


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1 who are known to have been formally charged, de2 tained, or convicted by the Government of Hong Kong 

3 Special Administrative Region or by the Government 

4 of the People’s Republic of China, or intermediaries 

5 of such governments, based on politically-motivated 

6 considerations related to their exercise of rights enu7 merated in the Universal Declaration of Human 

8 Rights, done at Paris December 10, 1948, or the 

9 International Covenant on Civil and Political Rights, 

10 done at New York December 19, 1966, to facilitate the 

11 cross-checking of visa applications for Hong Kong 

12 residents; and 

13 ‘‘(3) updating any relevant United States Gov14 ernment websites with information on the policy de15 scribed in subsection (a). 

16 ‘‘(c) COOPERATION WITH LIKE-MINDED COUNTRIES.— 

17 The Secretary of State shall contact appropriate representa18 tives of other democratic countries, particularly those who 

19 receive a large number of applicants for student and em20 ployment visas from Hong Kong— 

21 ‘‘(1) to inform them of the United States policy 

22 regarding arrests for participation in nonviolent pro23 tests in Hong Kong; and 

24 ‘‘(2) to encourage them to take similar steps to 

25 ensure the rights of nonviolent protesters are protected 


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1 from discrimination due to the actions of the Govern2 ment of Hong Kong and of the Government of the 

3 People’s Republic of China.’’. 

4 SEC. 5. ANNUAL REPORT ON VIOLATIONS OF UNITED 

5 STATES EXPORT CONTROL LAWS AND UNITED 

6 NATIONS SANCTIONS OCCURRING IN HONG 

7 KONG. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, and annually thereafter 

10 until the date that is 7 years after the date of the enactment 

11 of this Act, the Secretary of Commerce, in consultation with 

12 the Secretary of the Treasury and the Secretary of State, 

13 shall submit a report to the committees specified in sub14 section (b) that includes— 

15 (1) an assessment of the nature and extent of 

16 violations of United States export control and sanc17 tions laws occurring in Hong Kong; 

18 (2) to the extent possible, the identification of— 

19 (A) any items that were reexported from 

20 Hong Kong in violation of the laws referred to 

21 in paragraph (1); 

22 (B) the countries and persons to which the 

23 items referred to in subparagraph (A) were reex24 ported; and 

25 (C) how such items were used; 


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1 (3) an assessment of whether sensitive dual-use 

2 items subject to the export control laws of the United 

3 States are being— 

4 (A) transshipped through Hong Kong; and 

5 (B) used to develop— 

6 (i) the Sharp Eyes, Skynet, Integrated 

7 Joint Operations Platform, or other systems 

8 of mass surveillance and predictive policing; 

9 or 

10 (ii) the ‘‘social credit system’’ of the 

11 People’s Republic of China; 

12 (4) an assessment of the efforts by the Govern13 ment of the People’s Republic of China to use the sta14 tus of Hong Kong as a separate customs territory to 

15 import items into the People’s Republic of China from 

16 Hong Kong in violation of the export control laws of 

17 the United States, whether as part of the Greater Bay 

18 Area plan, through the assignment by Beijing of 

19 Hong Kong as a national technology and innovation 

20 center, or through other programs that may exploit 

21 Hong Kong as a conduit for controlled sensitive tech22 nology; 

23 (5) an assessment of whether the Government of 

24 Hong Kong has adequately enforced sanctions im25 posed by the United Nations; 


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1 (6) a description of the types of goods and serv2 ices transshipped or reexported through Hong Kong 

3 in violation of such sanctions to— 

4 (A) North Korea or Iran; or 

5 (B) other countries, regimes, or persons sub6 ject to such sanctions for engaging in activi7 ties— 

8 (i) relating to international terrorism, 

9 international narcotics trafficking, or the 

10 proliferation of weapons of mass destruc11 tion; or 

12 (ii) that otherwise present a threat to 

13 the national security, foreign policy, or 

14 economy of the United States; and 

15 (7) an assessment of whether shortcomings in the 

16 enforcement of export controls or sanctions by the 

17 Government of Hong Kong necessitates the assignment 

18 of additional Department of the Treasury, Depart19 ment of Commerce, or Department of State personnel 

20 to the United States Consulate in Hong Kong. 

21 (b) COMMITTEES SPECIFIED.—The committees speci22 fied in this subsection are— 

23 (1) the Committee on Foreign Relations of the 

24 Senate; 


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1 (2) the Committee on Banking, Housing, and 

2 Urban Affairs of the Senate; 

3 (3) the Committee on Commerce, Science, and 

4 Transportation of the Senate; 

5 (4) the Committee on Foreign Affairs of the 

6 House of Representatives; and 

7 (5) the Committee on Energy and Commerce of 

8 the House of Representatives 

9 (c) FORM OF REPORT.—The report required under 

10 subsection (a) shall be submitted in unclassified form, but 

11 may include a classified annex. 

12 SEC. 6. PROTECTING UNITED STATES CITIZENS AND OTH13 ERS FROM RENDITION TO THE PEOPLE’S RE14 PUBLIC OF CHINA. 

15 (a) POLICY STATEMENTS.—It is the policy of the 

16 United States— 

17 (1) to safeguard United States citizens from ex18 tradition, rendition, or abduction to the People’s Re19 public of China from Hong Kong for trial, detention, 

20 or any other purpose; 

21 (2) to safeguard United States businesses in 

22 Hong Kong from economic coercion and intellectual 

23 property theft; 

24 (3) pursuant to section 103(7) of the United 

25 States-Hong Kong Policy Act of 1992 (22 U.S.C. 


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1 5713(7)), to encourage United States businesses ‘‘to 

2 continue to operate in Hong Kong, in accordance 

3 with applicable United States and Hong Kong law’’; 

4 and 

5 (4) pursuant to section 201(b) of such Act (22 

6 U.S.C. 5721(b)), to evaluate, not less frequently than 

7 annually and as circumstances, dictate whether the 

8 Government of Hong Kong is ‘‘legally competent to 

9 carry out its obligations’’ under treaties and inter10 national agreements established between the United 

11 States and Hong Kong. 

12 (b) RESPONSE TO THREAT OF RENDITION.—Not later 

13 than 30 days after the President determines that legislation 

14 proposed or enacted by the Government of Hong Kong 

15 would put United States citizens at risk of extradition or 

16 rendition to the People’s Republic of China or to other coun17 tries that lack protections for the rights of defendants, the 

18 President shall submit a report to the appropriate congres19 sional committees that— 

20 (1) contains a strategy for protecting United 

21 States citizens and businesses in Hong Kong; 

22 (2) assesses the potential risks of the legislation 

23 to United States citizens residing in, traveling to, or 

24 transiting through Hong Kong; and 

25 (3) determines whether— 


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1 (A) additional resources are needed for 

2 American Citizen Services at the United States 

3 Consulate in Hong Kong; and 

4 (B) the Government of Hong Kong is ‘‘le5 gally competent’’ to administer the United 

6 States-Hong Kong Agreement for the Surrender 

7 of Fugitive Offenders, done at Hong Kong De8 cember 20, 1996, or other relevant law enforce9 ment agreements between the United States and 

10 Hong Kong. 

11 SEC. 7. SANCTIONS RELATING TO UNDERMINING FUNDA12 MENTAL FREEDOMS AND AUTONOMY IN 

13 HONG KONG. 

14 (a) IDENTIFICATION OF PERSONS RESPONSIBLE FOR

15 UNDERMINING FUNDAMENTAL FREEDOMS AND AUTONOMY

16 IN HONG KONG.— 

17 (1) IN GENERAL.—The President shall submit a 

18 report to the appropriate congressional committees, in 

19 accordance with paragraph (2), that identifies each 

20 foreign person that the President determines, based on 

21 credible information, is responsible for— 

22 (A) the extrajudicial rendition, arbitrary 

23 detention, torture, or forced confession of any 

24 person in Hong Kong; or 


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1 (B) other gross violations of internationally 

2 recognized human rights in Hong Kong. 

3 (2) TIMING OF REPORTS.—The President shall 

4 submit to the appropriate congressional committees— 

5 (A) the report required under paragraph 

6 (1)— 

7 (i) not later than 180 days after the 

8 date of the enactment of this Act; and 

9 (ii) not less frequently than annually 

10 thereafter in conjunction with the publica11 tion of the report required under section 301 

12 of the United States-Hong Kong Policy Act 

13 of 1992 (22 U.S.C. 5731); and 

14 (B) an update to the report not later than 

15 15 days after any new action is taken under sub16 section (b) based on the discovery of new credible 

17 information described in paragraph (1). 

18 (3) CONSIDERATION OF CERTAIN INFORMA19 TION.—In preparing the report required under para20 graph (1), the President shall consider— 

21 (A) information provided jointly by the 

22 chairperson and ranking member of each of the 

23 appropriate congressional committees; and 

24 (B) credible information obtained by other 

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1 zations that monitor violations of human rights 

2 abuses. 

3 (4) FORM.—The report required under para4 graph (1) shall be submitted in unclassified form, but 

5 may include a classified annex. 

6 (b) IMPOSITION OF SANCTIONS.—The President shall 

7 impose the sanctions described in subsection (c) with respect 

8 to each foreign person identified in the report required 

9 under subsection (a)(1). 

10 (c) SANCTIONS DESCRIBED.—The sanctions described 

11 in this subsection are the following: 

12 (1) ASSET BLOCKING.—The President shall exer13 cise all of the powers granted to the President under 

14 the International Emergency Economic Powers Act 

15 (50 U.S.C. 1701 et seq.) to the extent necessary to 

16 block and prohibit all transactions in property and 

17 interests in property of a foreign person identified in 

18 the report required under subsection (a)(1) if such 

19 property and interests in property are in the United 

20 States, come within the United States, or come within 

21 the possession or control of a United States person. 

22 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR PA23 ROLE.— 

24 (A) VISAS, ADMISSION, OR PAROLE.—An 

25 alien described in subsection (a)(1) is— 


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1 (i) inadmissible to the United States; 

2 (ii) ineligible to receive a visa or other 

3 documentation to enter the United States; 

4 and 

5 (iii) otherwise ineligible to be admitted 

6 or paroled into the United States or to re7 ceive any other benefit under the Immigra8 tion and Nationality Act (8 U.S.C. 1101 et 

9 seq.). 

10 (B) CURRENT VISAS REVOKED.— 

11 (i) IN GENERAL.—An alien described 

12 in subsection (a)(1) is subject to revocation 

13 of any visa or other entry documentation 

14 regardless of when the visa or other entry 

15 documentation is or was issued. 

16 (ii) IMMEDIATE EFFECT.—A revoca17 tion under clause (i) shall— 

18 (I) take effect immediately; and 

19 (II) automatically cancel any 

20 other valid visa or entry documenta21 tion that is in the alien’s possession. 

22 (C) EXCEPTION TO COMPLY WITH INTER23 NATIONAL OBLIGATIONS.—Sanctions under this 

24 paragraph shall not apply with respect to an 

25 alien if admitting or paroling the alien into the 


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1 United States is necessary to permit the United 

2 States to comply with the Agreement regarding 

3 the Headquarters of the United Nations, signed 

4 at Lake Success June 26, 1947, and entered into 

5 force November 21, 1947, between the United Na6 tions and the United States, or other applicable 

7 international obligations. 

8 (3) PENALTIES.—The penalties provided for in 

9 subsections (b) and (c) of section 206 of the Inter10 national Emergency Economic Powers Act (50 U.S.C. 

11 1705) shall apply to a foreign person that violates, at12 tempts to violate, conspires to violate, or causes a vio13 lation of paragraph (1) to the same extent that such 

14 penalties apply to a person that commits an unlawful 

15 act described in subsection (a) of such section 206. 

16 (d) IMPLEMENTATION.—The President may exercise 

17 all authorities provided under sections 203 and 205 of the 

18 International Emergency Economic Powers Act (50 U.S.C. 

19 1702 and 1704) to carry out this section. 

20 (e) WAIVER.—The President may waive the applica21 tion of sanctions under this section with respect to a person 

22 identified in the report required under subsection (a)(1) if 

23 the President determines and certifies to the appropriate 

24 congressional committees that such a waiver is in the na25 tional interest of the United States. 


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1 (f) EXCEPTION RELATING TO IMPORTATION OF

2 GOODS.— 

3 (1) IN GENERAL.—The authorities and require4 ments to impose sanctions authorized under this sec5 tion shall not include the authority or a requirement 

6 to impose sanctions on the importation of goods. 

7 (2) GOOD DEFINED.—In this subsection, the term 

8 ‘‘good’’ means any article, natural or manmade sub9 stance, material, supply, or manufactured product, 

10 including inspection and test equipment, and exclud11 ing technical data. 

12 (g) TERMINATION OF SANCTIONS.—The President may 

13 terminate the application of sanctions under this section 

14 with respect to a person if the President determines and 

15 reports to the appropriate congressional committees not less 

16 than 15 days before the termination takes effect that— 

17 (1) credible information exists that the person 

18 did not engage in the activity for which sanctions 

19 were imposed; 

20 (2) the person has been prosecuted appropriately 

21 for the activity for which sanctions were imposed; 

22 (3) the person has credibly demonstrated a sig23 nificant change in behavior, has paid an appropriate 

24 consequence for the activity for which sanctions were 

25 imposed, and has credibly committed to not engage in 


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1 an activity described in subsection (a)(1) in the fu2 ture; or 

3 (4) the termination of the sanctions is in the na4 tional security interests of the United States. 

5 (h) DEFINITIONS.—In this section: 

6 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

7 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the mean8 ings given those terms in section 101 of the Immigra9 tion and Nationality Act (8 U.S.C. 1101). 

10 (2) FOREIGN PERSON.—The term ‘‘foreign per11 son’’ means a person that is not a United States per12 son. 

13 SEC. 8. SANCTIONS REPORTS. 

14 (a) IN GENERAL.—In accordance with section 7, the 

15 President shall submit, to the appropriate congressional 

16 committees, a report that includes— 

17 (1) a list of each foreign person with respect to 

18 which the President imposed sanctions during the 

19 year preceding the submission of the report; 

20 (2) a description of the type of sanctions imposed 

21 with respect to each such person; 

22 (3) the number of foreign persons with respect to 

23 which the President terminated sanctions under sec24 tion 7 during that year; 


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1 (4) the dates on which such sanctions were im2 posed or terminated, as applicable; 

3 (5) the reasons for imposing or terminating such 

4 sanctions; and 

5 (6) a description of the efforts of the President to 

6 encourage the governments of other countries to im7 pose sanctions that are similar to the sanctions au8 thorized under section 7. 

9 (b) PUBLIC AVAILABILITY.—The unclassified portion 

10 of the report required under subsection (a) shall be made 

11 available to the public, including through publication in 

12 the Federal Register. 

13 (c) NONAPPLICABILITY OF CONFIDENTIALITY RE14 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

15 President shall publish the report required under subsection 

16 (a) without regard to the requirements of section 222(f) of 

17 the Immigration and Nationality Act (8 U.S.C. 1202(f)) 

18 with respect to confidentiality of records pertaining to the 

19 issuance or refusal of visas or permits to enter the United 

20 States. 

21 SEC. 9. SENSE OF CONGRESS ON PEOPLE’S REPUBLIC OF 

22 CHINA STATE-CONTROLLED MEDIA. 

23 It is the sense of Congress that— 

24 (1) the United States condemns the deliberate 

25 targeting and harassment of democracy activists, dipVerDate Sep 11 2014 22:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S1838.RS S1838

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1 lomatic personnel of the United States and other na2 tions, and their families by media organizations con3 trolled by the Government of the People’s Republic of 

4 China, including Wen Wei Po and Ta Kung Po; 

5 (2) the Secretary of State should clearly inform 

6 the Government of the People’s Republic of China that 

7 the use of media outlets to spread disinformation or 

8 to intimidate and threaten its perceived enemies in 

9 Hong Kong or in other countries is unacceptable; and 

10 (3) the Secretary of State should take any activi11 ties described in paragraph (1) or (2) into consider12 ation when granting visas for travel and work in the 

13 United States to journalists from the People’s Repub14 lic of China who are affiliated with any such media 

15 organizations. 

16 SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS 

17 OF CROWD CONTROL EQUIPMENT TO HONG 

18 KONG. 

19 It is sense of Congress that the Department of Com20 merce, in conjunction with other relevant Federal depart21 ments and agencies, should consider appropriate adjust22 ments to the current United States export controls with re23 spect to Hong Kong to prevent the supply of crowd control 

24 and surveillance equipment that could be used inappropri25 ately in Hong Kong. 


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Calendar No. 238 

116TH CONGRESS 

1ST SESSION S. 1838 

A BILL 

To amend the Hong Kong Policy Act of 1992, and 

S

for other purposes. 

EPTEMBER 26, 2019 

Reported with an amendment 


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