50 U.S.C. § 3237a (WAR AND NATIONAL DEFENSE)
§ 3237a. Annual reports on security services of the People’s Republic of China in the Hong Kong Special Administrative Region
(a) Definitions
In this section:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(C) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(2) Chinese security services
The term “Chinese security services” means—
(A) the security services of the Government of the People’s Republic of China, including the Ministry of State Security and the Ministry of Public Security; and
(B) any known front organizations or aliases associated with such security services, including officers associated with the national security division of the Hong Kong Police Force and other officers of the Hong Kong Police Force selected by the Committee for Safeguarding National Security to work on matters relating to national security.
(b) Requirement
On an annual basis through 2047, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the presence and activities of Chinese security services operating within the Hong Kong Special Administrative Region.
(c) Contents
Each report under subsection (b) shall include, with respect to the year covered by the report, the following:
(1) Identification of the approximate number of personnel affiliated with Chinese security services operating within the Hong Kong Special Administrative Region, including a breakdown of such personnel by the specific security service and the division of the security service, and (to the extent possible) an identification of any such personnel associated with the national security division of the Hong Kong Police Force.
(2) A description of the command and control structures of such security services, including information regarding the extent to which such security services are controlled by the Government of the Hong Kong Special Administrative Region or the Government of the People’s Republic of China.
(3) A description of the working relationship and coordination mechanisms of the Chinese security services with the police force of the Hong Kong Special Administrative Region.
(4) A description of the activities conducted by Chinese security services operating within the Hong Kong Special Administrative Region, including—
(A) information regarding the extent to which such security services, and officers associated with the national security division of the Hong Kong Police Force, are engaged in frontline policing, serving in advisory and assistance roles, or both;
(B) an assessment of the likelihood of such security services conducting renditions of individuals from the Hong Kong Special Administrative Region to China and a listing of every known individual subject to such rendition during the year covered by the report; and
(C) an assessment of how such activities conducted by Chinese security services contribute to self-censorship and corruption within the Hong Kong Special Administrative Region.
(5) A discussion of the doctrine and tactics employed by Chinese security services operating within the Hong Kong Special Administrative Region, including an overview of the extent to which such security services employ surveillance, detection, and control methods, including “high-tech” policing models and “preventative policing tactics”, that are consistent with the rise of digital authoritarianism, and used in a manner similar to methods used in the Xinjiang region of China.
(6) An overview of the funding for Chinese security services operating within the Hong Kong Special Administrative Region, including an assessment of the extent to which funding is drawn locally from the Hong Kong Special Administrative Region Government or from the Government of China.
(7) A discussion of the various surveillance technologies used by security services operating within the Hong Kong Special Administrative Region, including—
(A) a list of the key companies that provide such technologies; and
(B) an assessment of the degree to which such technologies can be accessed by Chinese security services operating within the Hong Kong Special Administrative Region.
(d) Coordination
In carrying out subsection (b), the Director shall coordinate with the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Defense Intelligence Agency, the Director of the National Geospatial-Intelligence Agency, the Assistant Secretary of State for the Bureau of Intelligence and Research, and any other relevant head of an element of the intelligence community.
(e) Form
Each report submitted to the appropriate congressional committees under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
(July 26, 1947, ch. 343, title XI, § 1107A, as added Pub. L. 116–260, div. W, title VI, § 611(b), Dec. 27, 2020, 134 Stat. 2393.)
heading: Statutory Notes and Related Subsidiaries
heading: Findings of Congress
text: Pub. L. 116–260, div. W, title VI, § 611(a), Dec. 27, 2020, 134 Stat. 2393, provided that: “Congress finds that the National People’s Congress of the People’s Republic of China promulgated the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region on June 30, 2020.”