Hong Kong Policy Reevaluation Act of 2019

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hong Kong Policy Re- 4 evaluation Act of 2019’’. 5 VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS 2 •S 1824 IS SEC. 2. REPORT ON HOW PEOPLE’S REPUBLIC OF CHINA 1 EXPLOITS HONG KONG TO CIRCUMVENT 2 UNITED STATES LAWS. 3 Title III of the United States-Hong Kong Policy Act 4 of 1992 (22 U.S.C. 5731 et seq.) is amended by adding 5 at the end the following: 6 ‘‘SEC. 303. REPORT ON HOW PEOPLE’S REPUBLIC OF CHINA 7 EXPLOITS HONG KONG TO CIRCUMVENT 8 UNITED STATES LAWS. 9 ‘‘(a) IN GENERAL.—Not later than 180 days after 10 the date of the enactment of the Hong Kong Policy Re- 11 evaluation Act of 2019, the Secretary of State shall submit 12 to the appropriate congressional committees a report on 13 how the Government of the People’s Republic of China 14 uses Hong Kong to circumvent the laws of the United 15 States. 16 ‘‘(b) ELEMENTS.—The report required by subsection 17 (a) shall include the following: 18 ‘‘(1) In consultation with the Secretary of 19 Homeland Security and the Director of National In- 20 telligence— 21 ‘‘(A) an assessment of how the Govern- 22 ment of the People’s Republic of China uses 23 formal or informal means to extradite or coer- 24 cively move foreign nationals, including United 25 VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS 3 •S 1824 IS States citizens, from Hong Kong to the Peo- 1 ple’s Republic of China; 2 ‘‘(B) a list of foreign nationals, including 3 United States citizens, who have been formally 4 or informally extradited or coercively moved 5 from Hong Kong to the People’s Republic of 6 China during the reporting period; and 7 ‘‘(C) a list of each official of the Govern- 8 ment of the People’s Republic of China that en- 9 gaged in activities described in subparagraphs 10 (A) and (B). 11 ‘‘(2) In consultation with the Secretary of Com- 12 merce, the Secretary of Homeland Security, and the 13 Director of National Intelligence— 14 ‘‘(A) an assessment of how the Govern- 15 ment of the People’s Republic of China uses 16 Hong Kong to circumvent United States export 17 controls; 18 ‘‘(B) a list of all significant incidents in 19 which the Government of the People’s Republic 20 of China used Hong Kong to circumvent such 21 controls during the reporting period; and 22 ‘‘(C) a list of each official of the Govern- 23 ment of the People’s Republic of China that en- 24 VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS 4 •S 1824 IS gaged in activities described in subparagraphs 1 (A) and (B). 2 ‘‘(3) In consultation with the Secretary of the 3 Treasury and the Secretary of Commerce— 4 ‘‘(A) an assessment of how the Govern- 5 ment of the People’s Republic of China uses 6 Hong Kong to circumvent duties on merchan- 7 dise imported into the United States from the 8 People’s Republic of China; 9 ‘‘(B) a list of all significant incidents in 10 which the Government of the People’s Republic 11 of China used Hong Kong to circumvent such 12 duties during the reporting period; and 13 ‘‘(C) a list of each official of the Govern- 14 ment of the People’s Republic of China that en- 15 gaged in activities described in subparagraphs 16 (A) and (B). 17 ‘‘(4) In consultation with the Secretary of the 18 Treasury, the Secretary of Homeland Security, and 19 the Director of National Intelligence— 20 ‘‘(A) an assessment of how the Govern- 21 ment of the People’s Republic of China uses 22 Hong Kong to circumvent sanctions imposed by 23 the United States or pursuant to multilateral 24 regimes; 25 VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS 5 •S 1824 IS ‘‘(B) a list of all significant incidents in 1 which the Government of the People’s Republic 2 of China used Hong Kong to circumvent such 3 sanctions during the reporting period; and 4 ‘‘(C) a list of each official of the Govern- 5 ment of the People’s Republic of China that en- 6 gaged in activities described in subparagraphs 7 (A) and (B). 8 ‘‘(5) In consultation with the Secretary of De- 9 fense, the Director of National Intelligence, and the 10 Director of Homeland Security— 11 ‘‘(A) an assessment of how the intelligence, 12 security, and law enforcement agencies of the 13 Government of the People’s Republic of China, 14 including the Ministry of State Security, the 15 Ministry of Public Security, and the People’s 16 Armed Police, use the Hong Kong Security Bu- 17 reau and other security agencies in Hong Kong 18 to conduct espionage on foreign nationals (in- 19 cluding United States citizens), conduct influ- 20 ence operations, or violate civil liberties guaran- 21 teed under the laws of Hong Kong; 22 ‘‘(B) a list of all significant incidents of 23 such espionage, influence operations, or viola- 24 VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS 6 •S 1824 IS tions of civil liberties during the reporting pe- 1 riod; and 2 ‘‘(C) a list of each official of the Govern- 3 ment of the People’s Republic of China that en- 4 gaged in activities described in subparagraphs 5 (A) and (B). 6 ‘‘(c) FORM OF REPORT; AVAILABILITY.— 7 ‘‘(1) FORM.—The report required by subsection 8 (a) shall be submitted in unclassified form, but may 9 include a classified index. 10 ‘‘(2) AVAILABILITY.—The unclassified portion 11 of the report required by subsection (a) shall be 12 posted on a publicly available internet website of the 13 Department of State. 14 ‘‘(d) DEFINITIONS.—In this section: 15 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- 16 TEES.—The term ‘appropriate congressional com- 17 mittees’ means the Committee on Foreign Relations 18 of the Senate and the Committee on Foreign Affairs 19 of the House of Representatives. 20 ‘‘(2) FOREIGN PERSON.—The term ‘foreign per- 21 son’ means a person that is not a United States per- 22 son. 23 VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS 7 •S 1824 IS ‘‘(3) REPORTING PERIOD.—The term ‘reporting 1 period’ means the 5-year period preceding submis- 2 sion of the report. 3 ‘‘(4) UNITED STATES PERSON.—The term 4 ‘United States person’ means— 5 ‘‘(A) a United States citizen or an alien 6 lawfully admitted for permanent residence to 7 the United States; or 8 ‘‘(B) an entity organized under the laws of 9 the United States or of any jurisdiction within 10 the United States, including a foreign branch of 11 such an entity.’’. 12 Æ VerDate Sep 11 2014 04:23 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1824.IS S1824 kjohnson on DSK79L0C42 with BILLS