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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 Peo-
ple’s Republic of China. 
(3) SOCIAL CREDIT SYSTEM.—The term ‘‘social 
credit system’’ means a system proposed by the Gov-
ernment of China and scheduled for implementation 
by 2020 that would use existing financial credit sys-
tems, 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 inter-
est 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 eco-
nomic 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 Peo-
ple’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 Govern-
ment 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 Dec-
laration’’);
(B) the International Covenant on Civil 
and Political Rights, done at New York Decem-
ber 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 mem-
bers of the Legislative Council by universal suffrage, 
as articulated in the Basic Law of the Hong Kong 
Special Administrative Region of the People’s Re-
public of China (referred to in this Act as the 
‘‘Basic Law’’); 
(4) to urge the Government of the People’s Re-
public 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 unlaw-
ful 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 viola-
tions 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 auton-
omy 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 REGARD-
ING 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 cer-
tification, in conjunction with, and taking into con-
sideration the contents of, the report required in sec-
tion 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, includ-
ing 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 be-
tween the United States and Hong Kong, in-
cluding agreements related to taxation and cur-
rency exchange. 
‘‘(G) Other particular laws of the United 
States, or any provisions thereof, that accord to 
Hong Kong treatment different to that ac-
corded to the People’s Republic of China. 
‘‘(H) Other bilateral or multilateral agree-
ments determined relevant by the Secretary. 
‘‘(3) CONTENTS.—Each assessment under para-
graph (1) shall include an evaluation of the Govern-
ment 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 Gov-
ernment of the United Kingdom of Great 
Britain and Northern Ireland and the Gov-
ernment 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 Peo-
ple’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 mak-
ing a certification under paragraph (1), the Sec-
retary of State should consider the terms, obliga-
tions, and expectations expressed in the Joint Dec-
laration and the Basic Law. 
‘‘(5) ADDITIONAL
CERTIFICATIONS.—Notwith-
standing the annual requirement for certifications 
under paragraph (1), the Secretary of State may 
issue additional certifications at any time if the Sec-
retary determines that circumstances in Hong Kong 
warrant such. 
‘‘(6) FORM.—Each certification under para-
graph (1) and any additional certifications under 
paragraph (5) shall be submitted in unclassified 
from but may include a classified annex if the Sec-
retary 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 waiv-
er— 
‘‘(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 Com-
mittee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Rep-
resentatives of the intent to waive such subsection. 
‘‘(c) PUBLIC AVAILABILITY.—The unclassified por-
tion 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 add-
ing 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 appli-
cants 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 pro-
test activities, and that the Secretary of State should 
make efforts to implement such policy, ensure consular of-
ficers 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 au-
tonomy with respect to the treaties, international 
agreements, and United States laws specified in sec-
tion 205(a)(2) as result of actions by the Govern-
ment of the People’s Republic of China that are in-
consistent 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 agree-
ments, 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 co-
operation 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 obli-
gations 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 treat-
ment 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 EX-
PORT 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 Autono-
mous 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 or-
igin items (including software, technology, and serv-
ices) 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 Autono-
mous 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 activi-
ties— 
(i) relating to— 
(I) international terrorism, inter-
national narcotics trafficking, or the 
proliferation of weapons of mass de-
struction; 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 spec-
ified 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 RE-
SPECT TO HONG KONG. 
(a) POLICY STATEMENTS.—It is the policy to the 
United States— 
(1) to safeguard United States citizens and law-
ful permanent residents from extradition, rendition,
or abduction to China from Hong Kong for trial, de-
tention, 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 re-
quire the Government of Hong Kong is ‘‘legally com-
petent 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 en-
acted by the Government of Hong Kong, determine, 
not later than 30 days after such legislation is pro-
posed or enacted, if such proposed or enacted legis-
lation 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 ap-
propriate congressional committees a notification re-
lating 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 inter-
ests, including risks to United States citizens or 
lawful permanent residents residing in, trav-
eling 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 FUNDA-
MENTAL 
FREEDOMS 
AND 
AUTONOMY 
IN 
HONG KONG. 
(a) IDENTIFICATION OF PERSONS RESPONSIBLE FOR 
UNDERMINING FUNDAMENTAL FREEDOMS AND AUTON-
OMY IN HONG KONG.— 
(1) IN GENERAL.—The President shall transmit 
to the appropriate congressional committees a re-
port, in accordance with paragraph (2), that identi-
fies each foreign person that the President deter-
mines, based on credible information, is knowingly 
responsible for any of the following: 
(A) The actual or threatened rendition, ar-
bitrary detention, torture, or forced confession 
of any individual in Hong Kong. 
(B) Repeated acts or decisions which con-
travene 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 internation-
ally 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 publica-
tion of the report required under section 
301 of the United States-Hong Kong Pol-
icy 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
INFORMA-
TION.—In preparing the report required under para-
graph (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 para-
graph (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 re-
spect to each foreign person identified in the report re-
quired under subsection (a)(1). 
(c) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection are the following: 
(1) ASSET BLOCKING.—The President shall ex-
ercise all of the powers granted to the President 
under the International Emergency Economic Pow-
ers Act (50 U.S.C. 1701 et seq.) to the extent nec-
essary to block and prohibit all transactions in prop-
erty 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 re-
ceive any other benefit under the Immigra-
tion 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 docu-
mentation regardless of when the visa or 
other entry documentation is or was 
issued. 
(ii) IMMEDIATE
EFFECT.—A revoca-
tion under clause (i) shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
tion that is in the alien’s possession. 
(C) EXCEPTION TO COMPLY WITH INTER-
NATIONAL OBLIGATIONS.—Sanctions under this 
paragraph shall not apply with respect to a for-
eign person if admitting or paroling such per-
son into the United States is necessary to per-
mit 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 Inter-
national 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 ex-
tent that such penalties apply to a person that com-
mits 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 applica-
tion of sanctions under this section with respect to a for-
eign person identified in the report required under sub-
section (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 sec-
tion with respect to a foreign person if the President deter-
mines and reports to the appropriate congressional com-
mittees 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 appro-
priately for the activity for which sanctions were im-
posed; 
(3) such person has credibly demonstrated a 
significant change in behavior, has paid an appro-
priate consequence for the activity for which sanc-
tions 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 require-
ments 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 Im-
migration and Nationality Act (8 U.S.C. 1101). 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ 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 cir-
cumstance, or the result. 
(4) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(5) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means—
(A) a United States citizen or an alien law-
fully 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 in-
cludes 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 im-
posed 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 im-
posed or terminated, as applicable. 
(5) The reasons for imposing or terminating 
such sanctions.