[116th Congress Public Law 76] [From the U.S. Government Publishing Office] [[Page 133 STAT. 1161]] Public Law 116-76 116th Congress An Act To amend the Hong Kong Policy Act of 1992, and for other purposes. <<NOTE: Nov. 27, 2019 - [S. 1838]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Hong Kong Human Rights and Democracy Act of 2019.>> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) <<NOTE: 22 USC 5701 note.>> 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. Annual report on violations of United States export control laws and United Nations sanctions occurring in Hong Kong. Sec. 6. Protecting United States citizens and others from rendition to the People's Republic of China. Sec. 7. Sanctions relating to undermining fundamental freedoms and autonomy in Hong Kong. Sec. 8. Sanctions reports. Sec. 9. Sense of Congress on People's Republic of China state-controlled media. Sec. 10. Sense of Congress on commercial exports of crowd control equipment to Hong Kong. SEC. 2. <<NOTE: 22 USC 5701 note.>> DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Banking, Housing, and Urban Affairs of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on the Judiciary of the Senate; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Committee on Armed Services of the House of Representatives; (H) the Committee on Financial Services of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; and (J) the Committee on the Judiciary of the House of Representatives. (2) Social credit system.--The term ``social credit system'' means a system proposed by the Government of the People's [[Page 133 STAT. 1162]] Republic of China and scheduled for implementation by 2020, which would-- (A) use existing financial credit systems, public records, online activity, and other tools of surveillance to aggregate data on every Chinese citizen and business; and (B) use such data to monitor, shape, and rate certain financial, social, religious, or political behaviors. (3) United states person.--The term ``United States person'' means-- (A) a United States citizen; (B) a lawfully admitted permanent resident of the United States; or (C) an entity organized under the laws of-- (i) the United States; or (ii) any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. <<NOTE: 22 USC 5701 note.>> 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 interest 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 economic 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 People'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 Government 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 Declaration''); (B) the International Covenant on Civil and Political Rights, done at New York December 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 members of the Legislative Council by universal suffrage, as articulated in the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (referred to in this Act as the ``Basic Law''); [[Page 133 STAT. 1163]] (4) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to govern Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage; (5) to support the establishment of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council; (6) 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, the Joint Declaration, and the International Covenant on Civil and Political Rights; (7) to support freedom from arbitrary or unlawful arrest, detention, or imprisonment for all Hong Kong residents, as provided by the Basic Law, the Joint Declaration, and the International Covenant on Civil and Political Rights; (8) to draw international attention to any violations by the Government of the People's Republic of China of the fundamental rights of the people of Hong Kong, as provided by the International Covenant on Civil and Political Rights, and any encroachment upon the autonomy guaranteed to Hong Kong by the Basic Law and the Joint Declaration; (9) to protect United States citizens and long-term permanent residents living in Hong Kong, as well as people visiting and transiting through Hong Kong; (10) to maintain the economic and cultural ties that provide significant benefits to both the United States and Hong Kong; and (11) to coordinate with allies, including the United Kingdom, Australia, Canada, Japan, and the Republic of Korea, to promote democracy and human rights in Hong Kong. SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF 1992. (a) Report.--Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended-- (1) <<NOTE: 22 USC 5721.>> in section 201(b), by striking ``such date'' each place such term appears and inserting ``the date of the enactment of the Hong Kong Human Rights and Democracy Act of 2019''; and (2) adding at the end the following: ``SEC. 205. <<NOTE: 22 USC 5725.>> SECRETARY OF STATE REPORT REGARDING THE AUTONOMY OF HONG KONG. ``(a) Certification.-- ``(1) In general.--Except as provided in subsection (b), the Secretary of State, on at least an annual basis, and in conjunction with the report required under section 301, shall issue a certification to Congress that-- ``(A) indicates whether Hong Kong continues to warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997; [[Page 133 STAT. 1164]] ``(B) addresses-- ``(i) commercial agreements; ``(ii) law enforcement cooperation, including extradition requests; ``(iii) sanctions enforcement; ``(iv) export controls, and any other agreements and forms of exchange involving dual use, critical, or other sensitive technologies; ``(v) any formal treaties or agreements between the United States and Hong Kong; ``(vi) other areas of bilateral cooperation that the Secretary determines to be relevant; and ``(vii) decision-making within the Government of Hong Kong, including executive, legislative, and judicial structures, including-- ``(I) freedom of assembly; ``(II) freedom of speech; ``(III) freedom of expression; and ``(IV) freedom of the press, including the Internet and social media; ``(viii) universal suffrage, including the ultimate aim of the selection of the Chief Executive and all members of the Legislative Council by universal suffrage; ``(ix) judicial independence; ``(x) police and security functions; ``(xi) education; ``(xii) laws or regulations regarding treason, secession, sedition, subversion against the Central People's Government of the People's Republic of China, or theft of state secrets; ``(xiii) laws or regulations regarding foreign political organizations or bodies; ``(xiv) laws or regulations regarding political organizations; and ``(xv) other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and ``(C) includes-- ``(i) <<NOTE: Assessment.>> an assessment of the degree of any erosions to Hong Kong's autonomy in each category listed in subparagraph (B) resulting from actions by the Government of the People's Republic of China that are inconsistent with its commitments under the Basic Law or the Joint Declaration; ``(ii) <<NOTE: Evaluation.>> an evaluation of the specific impacts to any areas of cooperation between the United States and Hong Kong resulting from erosions of autonomy in Hong Kong or failures of the Government of Hong Kong to fulfill obligations to the United States under international agreements within the categories listed in subparagraph (B); and ``(iii) <<NOTE: Lists.>> a list of any specific actions taken by the United States Government in response to any erosion of autonomy or failures to fulfill obligations to the [[Page 133 STAT. 1165]] United States under international agreements identified in this certification and the report required under section 301. ``(2) Factor for consideration.--In making each certification under paragraph (1), the Secretary of State should consider the terms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong. ``(3) <<NOTE: Time period. Determination.>> Additional certifications.--The certification under section (1) shall be issued annually, but the Secretary may issue additional certifications at any time if the Secretary determines it is warranted by circumstances in Hong Kong. ``(b) Waiver Authority.-- ``(1) In general.--The Secretary of State may waive the application of subsection (a) if-- ``(A) <<NOTE: Determination.>> the Secretary determines that such a waiver is in the national security interests of the United States; and ``(B) <<NOTE: Notification.>> on or before the date on which the waiver takes effect, the Secretary notifies the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the intent to waive such subsection; ``(2) <<NOTE: President.>> Partial waiver.--Except for the list of actions described in subsection (a)(1)(C)(iii), the Secretary of State may waive relevant parts of the application of subsection (a) if the President issues an Executive order under section 202 that suspends the application of any particular United States law to Hong Kong.''. (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 adding at the end the following: ``SEC. 206. <<NOTE: 22 USC 5726.>> TREATMENT OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR WORK IN THE UNITED STATES. ``(a) Visa Eligibility for Certain Hong Kong Students.-- Notwithstanding <<NOTE: Time period.>> any other provision of law, applications for visas to enter, study, or work in the United States, which are submitted by otherwise qualified applicants who resided in Hong Kong in 2014 and later, may not be denied primarily on the basis of the applicant's subjection to politically-motivated arrest, detention, or other adverse government action. ``(b) Implementation.--The Secretary of State shall take such steps as may be necessary to ensure that consular officers are aware of the policy described in subsection (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimination or unnecessary delay in the processing of their visa applications, including-- ``(1) providing specialized training for all consular officers posted to the United States Embassy in Beijing or to any United States consulate in the People's Republic of China, the Hong Kong Special Administrative Region, or the Macau Special Administrative Region; ``(2) <<NOTE: Lists.>> instructing the United States Consulate in Hong Kong to maintain an active list of individuals who are known to have been formally charged, detained, or convicted by the Government of Hong Kong Special Administrative Region or [[Page 133 STAT. 1166]] by the Government of the People's Republic of China, or intermediaries of such governments, based on politically- motivated considerations related to their exercise of rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, or the International Covenant on Civil and Political Rights, done at New York December 19, 1966, to facilitate the cross-checking of visa applications for Hong Kong residents; and ``(3) <<NOTE: Websites.>> updating any relevant United States Government websites with information on the policy described in subsection (a). ``(c) Cooperation With Like-minded Countries.--The Secretary of State shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong-- ``(1) to inform them of the United States policy regarding arrests for participation in nonviolent protests in Hong Kong; and ``(2) to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong Kong and of the Government of the People's Republic of China.''. SEC. 5. <<NOTE: 22 USC 5701 note.>> ANNUAL REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG. (a) <<NOTE: Time period. Consultation. Assessments.>> In General.-- Not later than 180 days after the date of the enactment of this Act, and annually thereafter until the date that is 7 years after the [Text truncated for display. Full text available on Congress.gov.]