Hong Kong Policy Reevaluation Act of 2019

To amend the United States-Hong Kong Policy Act of 1992 to require a report on how the People’s Republic of China exploits Hong Kong to circumvent the laws of the United States. 1. Short title This Act may be cited as the Hong Kong Policy Reevaluation Act of 2019 2. Report on how People’s Republic of China exploits Hong Kong to circumvent United States laws Title III of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 303. Report on the manner and extent to which People’s Republic of China exploits Hong Kong to circumvent United States laws and protections (a) In general Not later than 180 days after the date of the enactment of the Hong Kong Policy Reevaluation Act of 2019 (b) Elements The report required by subsection (a) shall include the following: (1) In consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence— (A) an assessment of how the Government of the People’s Republic of China uses Hong Kong to circumvent United States export controls; (B) a list of all significant incidents in which the Government of the People’s Republic of China used Hong Kong to circumvent such controls during the reporting period; and (C) a list of each official of the Government of the People's Republic of China that engaged in activities described in subparagraphs (A) and (B). (2) In consultation with the Secretary of the Treasury and the Secretary of Commerce— (A) an assessment of how the Government of the People’s Republic of China uses Hong Kong to circumvent duties on merchandise exported to the United States from the People’s Republic of China; (B) a list of all significant incidents in which the Government of the People’s Republic of China used Hong Kong to circumvent such duties during the reporting period; and (C) a list of each official of the Government of the People's Republic of China that engaged in activities described in subparagraphs (A) and (B). (3) In consultation with the Secretary of the Treasury, the Secretary of Homeland Security, and the Director of National Intelligence— (A) an assessment of how the Government of the People’s Republic of China uses Hong Kong to circumvent sanctions imposed by the United States or pursuant to multilateral regimes; (B) a list of all significant incidents in which the Government of the People’s Republic of China used Hong Kong to circumvent such sanctions during the reporting period; and (C) a list of each official of the Government of the People's Republic of China that engaged in activities described in subparagraphs (A) and (B). (4) In consultation with the Secretary of Homeland Security and the Director of National Intelligence— (A) an assessment of how the Government of the People’s Republic of China uses formal or informal means to extradite or coercively move foreign nationals, including United States persons, from Hong Kong to the People’s Republic of China; (B) a list of foreign nationals, including United States persons, who have been formally or informally extradited or coercively moved from Hong Kong to the People’s Republic of China during the reporting period; and (C) a list of each official of the Government of the People's Republic of China that engaged in activities described in subparagraphs (A) and (B). (5) In consultation with the Secretary of Defense, the Director of National Intelligence, and the Director of Homeland Security— (A) an assessment of how the intelligence, security, and law enforcement agencies of the Government of the People’s Republic of China, including the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police, use the Hong Kong Security Bureau and other security agencies in Hong Kong to conduct espionage on foreign nationals including United States persons, conduct influence operations, or violate civil liberties guaranteed under the laws of Hong Kong; (B) a list of all significant incidents of such espionage, influence operations, or violations of civil liberties during the reporting period; and (C) a list of each official of the Government of the People's Republic of China that engaged in activities described in subparagraphs (A) and (B). (c) Form of report; availability (1) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (2) Availability The unclassified portion of the report required by subsection (a) shall be posted on a publicly available internet website of the Department of State. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (2) Foreign national The term foreign national (A) an individual who is a citizen or national of China; or (B) an entity organized under the laws of China or of any jurisdiction within China. (3) Reporting period The term reporting period (4) United States person The term United States person (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 of any jurisdiction within the United States, including a foreign branch of such an entity. .

Summary: Hong Kong Policy Reevaluation Act of 2019 This bill directs the Department of State to report to Congress on China's activities in relation to Hong Kong. Hong Kong is a part of China but has a mostly separate legal system, which includes protection for civil liberties such as free speech and freedom from arbitrary imprisonment. The United States and Hong Kong have a bilateral relationship separate from the U.S.-China relationship, based in part on the existence of Hong Kong's separate legal and economic system. The report shall assess how the Chinese government extradites or coercively moves foreign nationals, including U.S. citizens, from Hong Kong to mainland China. It shall also describe how China uses Hong Kong to avoid U.S. export controls, duties on imported goods, and sanctions. The State Department shall report on China's use of Hong Kong security agencies to (1) conduct espionage against foreign nationals, (2) conduct influence operations, and (3) violate civil liberties protected under Hong Kong law.