Hong Kong Human Rights and Democracy Act of 2019

Bill: 116-s-1838
Sponsor: Sen. Rubio, Marco [R-FL]
Introduced: 2019-06-13 in the Senate
Policy area: International Affairs
Subjects: Arms control and nonproliferation
Asia
China
Congressional oversight
Criminal investigation, prosecution, interrogation
Detention of persons
Diplomacy, foreign officials, Americans abroad
Drug trafficking and controlled substances
Elections, voting, political campaign regulation
Foreign labor
Foreign property
Freedom of information
Government information and archives
Higher education
Hong Kong
Human rights
Intellectual property
Intelligence activities, surveillance, classified information
International exchange and broadcasting
International organizations and cooperation
Iran
Middle East
News media and reporting
North Korea
Nuclear weapons
Presidents and presidential powers, Vice Presidents
Protest and dissent
Religion
Rule of law and government transparency
Sanctions
Sovereignty, recognition, national governance and status
Terrorism
Trade restrictions
Travel and tourism
Visas and passports
War and emergency powers

Summary:
action_date: 2019-06-13
text: 

Hong Kong Human Rights and Democracy Act of 2019

 
This bill directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law. 
 
Hong Kong is part of China but has a largely separate legal and economic system.
 
The Department of State shall report annually to Congress as to whether Hong Kong is sufficiently autonomous from China to justify its unique treatment. The report shall assess whether China has eroded Hong Kong's civil liberties and rule of law as protected by Hong Kong's Basic Law.
 
The Department of Commerce shall report annually to Congress on China's efforts to use Hong Kong to evade U.S. export controls and sanctions.
 
The President shall provide Congress an assessment as to whether to withdraw from the U.S.-Hong Kong extradition treaty, and what actions are needed to protect U.S. citizens and national security interests, if Hong Kong (1) amends its laws to allow the rendition of individuals to countries that lack defendants' rights protections, or (2) passes a national security law.
 
The State Department shall allow otherwise qualified Hong Kong residents to obtain visas to work or study in the United States, even if the applicant had been arrested for participating in certain nonviolent protests supporting human rights or the rule of law.
 
The President shall report to Congress a list of individuals responsible for abducting and torturing people for exercising internationally recognized human rights in Hong Kong. The bill bars such individuals from entering the United States and imposes sanctions on them.

action_date: 2019-09-26
text: 

Hong Kong Human Rights and Democracy Act of 2019

 
This bill directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law. (Hong Kong is part of China but has a largely separate legal and economic system.)
 
The Department of State shall report annually to Congress as to whether Hong Kong is sufficiently autonomous from China to justify its unique treatment. The report shall address issues including (1) civil liberties in Hong Kong, and (2) how any erosion to Hong Kong's autonomy impacts areas of U.S.-Hong Kong cooperation. 
 
The Department of Commerce shall report annually to Congress on China's efforts to use Hong Kong to evade U.S. export controls and sanctions.
 
If the President determines that Hong Kong has proposed or enacted legislation that puts U.S. citizens at risk of extradition to mainland China or to another country that lacks defendants' rights protections, the President shall report to Congress on (1) a strategy for protecting U.S. citizens and businesses in Hong Kong, and (2) whether Hong Kong is legally competent to administer various law enforcement agreements between Hong Kong and the United States.
 
The State Department may not deny work- or student-visa applications from an otherwise qualified Hong Kong resident due to a politically motivated adverse action by the Hong Kong government against the applicant. 
 
The President shall report to Congress a list of individuals responsible for committing acts that violate internationally recognized human rights in Hong Kong, including the extrajudicial rendition or torture of any person in Hong Kong. The bill bars such individuals from entering the United States and imposes sanctions on them. 

action_date: 2019-11-19
text: 

Hong Kong Human Rights and Democracy Act of 2019

 
This bill directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law. (Hong Kong is part of China but has a largely separate legal and economic system.)
 
The Department of State shall report annually to Congress as to whether Hong Kong is sufficiently autonomous from China to justify its unique treatment. The report shall address issues including (1) civil liberties in Hong Kong, and (2) how any erosion to Hong Kong's autonomy impacts areas of U.S.-Hong Kong cooperation. 
 
The Department of Commerce shall report annually to Congress on China's efforts to use Hong Kong to evade U.S. export controls and sanctions.
 
If the President determines that Hong Kong has proposed or enacted legislation that puts U.S. citizens at risk of extradition to mainland China or to another country that lacks defendants' rights protections, the President shall report to Congress on (1) a strategy for protecting U.S. citizens and businesses in Hong Kong, and (2) whether Hong Kong is legally competent to administer various law enforcement agreements between Hong Kong and the United States.
 
The State Department may not deny work- or student-visa applications from an otherwise qualified Hong Kong resident due to a politically motivated adverse action by the Hong Kong government against the applicant. 
 
The President shall report to Congress a list of individuals responsible for committing acts that violate internationally recognized human rights in Hong Kong, including the extrajudicial rendition or torture of any person in Hong Kong. The bill bars such individuals from entering the United States and imposes sanctions on them. 

action_date: 2019-11-27
text: 

Hong Kong Human Rights and Democracy Act of 2019

 
This bill directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law. (Hong Kong is part of China but has a largely separate legal and economic system.)
 
The Department of State shall report and certify annually to Congress as to whether Hong Kong is sufficiently autonomous from China to justify its unique treatment. The report shall address issues including (1) demands for universal suffrage; (2) law enforcement cooperation, including extradition requests; (3) sanctions enforcement and export controls; (4) decision-making within the Hong Kong government; (5) judicial independence; (6) civil liberties in Hong Kong, including freedom of assembly and freedom of the press; and (7) how any erosion to Hong Kong's autonomy impacts areas of U.S.-Hong Kong cooperation. 
 
The Department of Commerce shall report annually to Congress on China's efforts to use Hong Kong to evade U.S. export controls and sanctions and the extent of such violations occurring in Hong Kong generally. The report shall also (1) identify any items that were improperly reexported from Hong Kong, (2) assess whether dual-use items subject to U.S. export laws are being transshipped through Hong Kong, and (3) assess whether such dual-use items are being used to develop various mass-surveillance and predictive-policing tools or the social-credit system proposed for deployment in China.
 
If the President determines that Hong Kong has proposed or enacted legislation that puts U.S. citizens at risk of extradition to mainland China or to another country that lacks defendants' rights protections, the President shall report to Congress on (1) a strategy for protecting U.S. citizens and businesses in Hong Kong, and (2) whether Hong Kong is legally competent to administer various law-enforcement agreements between Hong Kong and the United States.
 
The State Department may not deny work- or student-visa applications from an otherwise qualified Hong Kong resident due to a politically motivated adverse action by the Hong Kong government against the applicant. The State Department shall encourage other democratic countries to take a similar approach.
 
The President shall report to Congress a list of individuals responsible for committing acts that violate internationally recognized human rights in Hong Kong, including the extrajudicial rendition or torture of any person in Hong Kong. The bill bars such individuals from entering the United States and imposes sanctions on them. 


Legislative actions:
action_date: 2019-11-27
text: Became Public Law No: 116-76.
action_date: 2019-11-27
text: Became Public Law No: 116-76.
action_date: 2019-11-27
text: Signed by President.
action_date: 2019-11-27
text: Signed by President.
action_date: 2019-11-21
text: Presented to President.
action_date: 2019-11-21
text: Presented to President.
action_date: 2019-11-20
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2019-11-20
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 635). (text: CR H9089-9092)
action_date: 2019-11-20
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 635).(text: CR H9089-9092)
action_date: 2019-11-20
text: Considered as unfinished business. (consideration: CR H9100)
action_date: 2019-11-20
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2019-11-20
text: DEBATE - The House proceeded with forty minutes of debate on S. 1838.
action_date: 2019-11-20
text: Considered under suspension of the rules. (consideration: CR H9089-9096)
action_date: 2019-11-20
text: Mr. Engel moved to suspend the rules and pass the bill.
action_date: 2019-11-20
text: Held at the desk.
action_date: 2019-11-20
text: Received in the House.
action_date: 2019-11-20
text: Message on Senate action sent to the House.
action_date: 2019-11-19
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S6657-6660)
action_date: 2019-11-19
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S6657-6660)
action_date: 2019-11-19
text: The committee amendment withdrawn by Unanimous Consent. (CR S6657)
action_date: 2019-11-19
text: Measure laid before Senate by unanimous consent. (consideration: CR S6654-6660)
action_date: 2019-09-26
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 238.
action_date: 2019-09-26
text: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
action_date: 2019-09-26
text: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
action_date: 2019-09-25
text: Committee on Foreign Relations. Ordered to be reported with an amendment favorably.
action_date: 2019-06-13
text: Read twice and referred to the Committee on Foreign Relations.
action_date: 2019-06-13
text: Introduced in Senate

Enacted as: number: 116-76