Title: Hong Kong Policy Reevaluation Act of 2019
Policy area: International Affairs

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1824 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1824

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2019

 Mr. Cruz (for himself and Mr. Markey) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hong Kong Policy Reevaluation Act of 
2019''.

SEC. 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 et seq.) is amended by adding at the end the following:

``SEC. 303. REPORT ON HOW PEOPLE'S REPUBLIC OF CHINA EXPLOITS HONG KONG 
              TO CIRCUMVENT UNITED STATES LAWS.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of the Hong Kong Policy Reevaluation Act of 2019, the 
Secretary of State shall submit to the appropriate congressional 
committees a report on how the Government of the People's Republic of 
China uses Hong Kong to circumvent the laws of the United States.
    ``(b) Elements.--The report required by subsection (a) shall 
include the following:
            ``(1) 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 citizens, from Hong 
                Kong to the People's Republic of China;
                    ``(B) a list of foreign nationals, including United 
                States citizens, 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).
            ``(2) 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).
            ``(3) 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 imported into 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).
            ``(4) 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).
            ``(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 citizens), 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' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            ``(2) Foreign person.--The term `foreign person' means a 
        person that is not a United States person.
            ``(3) Reporting period.--The term `reporting period' means 
        the 5-year period preceding submission of the report.
            ``(4) United states person.--The term `United States 
        person' means--
                    ``(A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    ``(B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an 
                entity.''.
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