Hong Kong Human Rights and Democracy Act of 2019

II Calendar No. 243 116TH CONGRESS 1ST SESSION H. R. 3289 IN THE SENATE OF THE UNITED STATES OCTOBER 16, 2019 Received; read twice and placed on the calendar AN ACT To amend the Hong Kong Policy Act of 1992 and for other purposes. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Hong Kong Human Rights and Democracy Act of 5 2019’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 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. Report on enforcement of United States export control and sanctions laws by Hong Kong. Sec. 6. Protecting United States interests with respect to Hong Kong. VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 2 HR 3289 PCS Sec. 7. Sanctions relating to undermining fundamental freedoms and autonomy in Hong Kong. Sec. 8. Sanctions reports. Sec. 9. Determination of budgetary effects. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPROPRIATE CONGRESSIONAL COMMIT- 3 TEES.—The term ‘‘appropriate congressional com- 4 mittees’’ means— 5 (A) the Committee on Foreign Affairs of 6 the House of Representatives; 7 (B) the Committee on Financial Services 8 of the House of Representatives; 9 (C) the Committee on the Judiciary of the 10 House of Representatives. 11 (D) the Committee on Foreign Relations of 12 the Senate; 13 (E) the Committee on Banking, Housing, 14 and Urban Affairs of the Senate; and 15 (F) the Committee on the Judiciary of the 16 Senate. 17 (2) CHINA.—The term ‘‘China’’ means the Peo- 18 ple’s Republic of China. 19 (3) SOCIAL CREDIT SYSTEM.—The term ‘‘social 20 credit system’’ means a system proposed by the Gov- 21 ernment of China and scheduled for implementation 22 by 2020 that would use existing financial credit sys- 23 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 3 HR 3289 PCS tems, public records, online activity, and other tools 1 of surveillance to aggregate data on every Chinese 2 citizen and business and use that data to monitor, 3 shape, and rate certain financial, social, religious, or 4 political behaviors. 5 SEC. 3. STATEMENT OF POLICY. 6 It is the policy of the United States— 7 (1) to reaffirm the principles and objectives set 8 forth in the United States-Hong Kong Policy Act of 9 1992 (Public Law 102–383), namely that— 10 (A) the United States has ‘‘a strong inter- 11 est in the continued vitality, prosperity, and 12 stability of Hong Kong’’; 13 (B) ‘‘[s]upport for democratization is a 14 fundamental principle of United States foreign 15 policy’’ and therefore ‘‘naturally applies to 16 United States policy toward Hong Kong’’; 17 (C) ‘‘the human rights of the people of 18 Hong Kong are of great importance to the 19 United States and are directly relevant to 20 United States interests in Hong Kong [and] 21 serve as a basis for Hong Kong’s continued eco- 22 nomic prosperity’’; and 23 (D) Hong Kong must remain sufficiently 24 autonomous from the People’s Republic of 25 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 4 HR 3289 PCS China to ‘‘justify treatment under a particular 1 law of the United States, or any provision 2 thereof, different from that accorded the Peo- 3 ple’s Republic of China’’; 4 (2) to support the high degree of autonomy and 5 fundamental rights and freedoms of the people of 6 Hong Kong, as enumerated by— 7 (A) the Joint Declaration of the Govern- 8 ment of the United Kingdom of Great Britain 9 and Northern Ireland and the Government of 10 the People’s Republic of China on the Question 11 of Hong Kong, done at Beijing December 19, 12 1984 (referred to in this Act as the ‘‘Joint Dec- 13 laration’’); 14 (B) the International Covenant on Civil 15 and Political Rights, done at New York Decem- 16 ber 19, 1966; and 17 (C) the Universal Declaration of Human 18 Rights, done at Paris December 10, 1948. 19 (3) to support the democratic aspirations of the 20 people of Hong Kong, including the ‘‘ultimate aim’’ 21 of the selection of the Chief Executive and all mem- 22 bers of the Legislative Council by universal suffrage, 23 as articulated in the Basic Law of the Hong Kong 24 Special Administrative Region of the People’s Re- 25 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 5 HR 3289 PCS public of China (referred to in this Act as the 1 ‘‘Basic Law’’); 2 (4) to urge the Government of the People’s Re- 3 public of China and the Government of the Hong 4 Kong Special Autonomous Region to uphold their 5 commitment to the people of Hong Kong, including 6 providing a high degree of autonomy for Hong Kong 7 as articulated in the Joint Declaration and the Basic 8 Law; 9 (5) to support the robust exercise by residents 10 of Hong Kong of the rights to free speech, the press, 11 and other fundamental freedoms as provided by the 12 Basic Law and the Joint Declaration; 13 (6) to support freedom from arbitrary or unlaw- 14 ful arrest, detention, or imprisonment for all Hong 15 Kong residents, as provided to them by the Basic 16 Law and the Joint Declaration; 17 (7) to draw international attention to any viola- 18 tions by the Government of the People’s Republic of 19 China of the fundamental rights of the people of 20 Hong Kong and any encroachment upon the auton- 21 omy guaranteed to Hong Kong by the Basic Law 22 and the Joint Declaration; 23 (8) to protect United States citizens and legal 24 permanent residents living in Hong Kong as well as 25 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 6 HR 3289 PCS people visiting and transiting through Hong Kong; 1 and 2 (9) to maintain the economic and cultural ties 3 that provide significant benefits to both the United 4 States and Hong Kong. 5 SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG 6 POLICY ACT OF 1992. 7 (a) CERTIFICATIONS.—Title II of the United States- 8 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) 9 is amended by adding at the end the following new section: 10 ‘‘SEC. 205. SECRETARY OF STATE CERTIFICATION REGARD- 11 ING THE AUTONOMY OF HONG KONG. 12 ‘‘(a) CERTIFICATION.— 13 ‘‘(1) IN GENERAL.—The Secretary of State 14 shall annually submit to the Committee on Foreign 15 Affairs of the House of Representatives and the 16 Committee on Foreign Relations of the Senate a cer- 17 tification, in conjunction with, and taking into con- 18 sideration the contents of, the report required in sec- 19 tion 301, regarding whether Hong Kong continues 20 to warrant treatment under particular treaties, 21 international agreements, and United States laws, or 22 any provisions thereof, specified in paragraph (2) in 23 the same manner as such treaties, international 24 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 7 HR 3289 PCS agreements, and laws were applied to Hong Kong as 1 of the date of enactment of this section. 2 ‘‘(2) PROVISIONS SPECIFIED.—The treaties, 3 international agreements, and United States laws 4 specified in this paragraph are the following: 5 ‘‘(A) Commercial agreements. 6 ‘‘(B) Law enforcement cooperation, includ- 7 ing extradition matters. 8 ‘‘(C) Nonproliferation commitments. 9 ‘‘(D) Sanctions enforcement. 10 ‘‘(E) Export control agreements, including 11 enforcement of export controls with respect to 12 dual use technologies. 13 ‘‘(F) Formal treaties and agreements be- 14 tween the United States and Hong Kong, in- 15 cluding agreements related to taxation and cur- 16 rency exchange. 17 ‘‘(G) Other particular laws of the United 18 States, or any provisions thereof, that accord to 19 Hong Kong treatment different to that ac- 20 corded to the People’s Republic of China. 21 ‘‘(H) Other bilateral or multilateral agree- 22 ments determined relevant by the Secretary. 23 ‘‘(3) CONTENTS.—Each assessment under para- 24 graph (1) shall include an evaluation of the Govern- 25 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 8 HR 3289 PCS ment of Hong Kong’s autonomous decision-making 1 within the executive, legislative, and judicial 2 branches, with respect to— 3 ‘‘(A) upholding the rule of law; and 4 ‘‘(B) protecting the rights enumerated 5 in— 6 ‘‘(i) the Joint Declaration of the Gov- 7 ernment of the United Kingdom of Great 8 Britain and Northern Ireland and the Gov- 9 ernment of the People’s Republic of China 10 on the Question of Hong Kong, done at 11 Beijing December 19, 1984 (the ‘Joint 12 Declaration’); 13 ‘‘(ii) the Basic Law of the Hong Kong 14 Special Administrative Region of the Peo- 15 ple’s Republic of China (the ‘Basic Law’); 16 ‘‘(iii) the Universal Declaration of 17 Human Rights, done at Paris December 18 10, 1948; and 19 ‘‘(iv) the International Covenant on 20 Civil and Political Rights, done at New 21 York December 19, 1966. 22 ‘‘(4) FACTORS FOR CONSIDERATION.—In mak- 23 ing a certification under paragraph (1), the Sec- 24 retary of State should consider the terms, obliga- 25 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 9 HR 3289 PCS tions, and expectations expressed in the Joint Dec- 1 laration and the Basic Law. 2 ‘‘(5) ADDITIONAL CERTIFICATIONS.—Notwith- 3 standing the annual requirement for certifications 4 under paragraph (1), the Secretary of State may 5 issue additional certifications at any time if the Sec- 6 retary determines that circumstances in Hong Kong 7 warrant such. 8 ‘‘(6) FORM.—Each certification under para- 9 graph (1) and any additional certifications under 10 paragraph (5) shall be submitted in unclassified 11 from but may include a classified annex if the Sec- 12 retary of State determines such is necessary. 13 ‘‘(b) WAIVER.—The Secretary of State may waive the 14 application of subsection (a), in whole or in part, if— 15 ‘‘(1) the Secretary determines that such a waiv- 16 er— 17 ‘‘(A) is in the national security interests of 18 the United States; or 19 ‘‘(B) would protect the autonomy of Hong 20 Kong; and 21 ‘‘(2) on or before the date on which such a 22 waiver takes effect, the Secretary notifies the Com- 23 mittee on Foreign Relations of the Senate and the 24 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 10 HR 3289 PCS Committee on Foreign Affairs of the House of Rep- 1 resentatives of the intent to waive such subsection. 2 ‘‘(c) PUBLIC AVAILABILITY.—The unclassified por- 3 tion of the certifications required under subsection (a) 4 shall be made available to the public, including through 5 publication on the Department of State website.’’. 6 (b) VISA APPLICANTS.—Title II of the United States- 7 Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.), 8 as amended by subsection (a), is further amended by add- 9 ing at the end the following new section: 10 ‘‘SEC. 206. TREATMENT OF HONG KONG APPLICANTS FOR 11 VISAS TO ENTER THE UNITED STATES. 12 ‘‘It is the sense of Congress that applications for 13 visas to enter the United States, including for work or 14 study, which are submitted by otherwise qualified appli- 15 cants from Hong Kong should not be denied solely on the 16 basis of politically-motivated arrest, detention, or other 17 adverse government action taken against such applicants 18 as a result of the participation by such applicants in pro- 19 test activities, and that the Secretary of State should 20 make efforts to implement such policy, ensure consular of- 21 ficers make determinations in accordance with such policy, 22 and coordinate with representatives of other countries to 23 encourage the adoption of compatible policies.’’. 24 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 11 HR 3289 PCS (c) REPORTING REQUIREMENTS.—Subsection (a) of 1 section 301 of the United States-Hong Kong Policy Act 2 of 1992 (22 U.S.C. 5731) is amended— 3 (1) in the matter preceding paragraph (1), in 4 the first sentence, by striking ‘‘2024’’ and inserting 5 ‘‘2027’’; 6 (2) in paragraph (7), by striking ‘‘and’’ after 7 the semicolon at the end; 8 (3) in paragraph (8), by striking the period and 9 inserting ‘‘; and’’; and 10 (4) by adding at the end the following new 11 paragraphs: 12 ‘‘(9) China’s ability to limit Hong Kong’s au- 13 tonomy with respect to the treaties, international 14 agreements, and United States laws specified in sec- 15 tion 205(a)(2) as result of actions by the Govern- 16 ment of the People’s Republic of China that are in- 17 consistent with its commitments under the Basic 18 Law or the Joint Declaration; 19 ‘‘(10) the limitations to Hong Kong’s autonomy 20 with respect to the treaties, international agree- 21 ments, and United States laws specified in section 22 205(a)(2) resulting from actions by the Government 23 of the Hong Kong Special Autonomous Region that 24 VerDate Sep 11 2014 23:30 Oct 16, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3289.PCS H3289 kjohnson on DSK79L0C42 with BILLS 12 HR 3289 PCS are inconsistent with its commitments under the 1 Basic Law or the Joint Declaration; 2 ‘‘(11) the specific impacts to any areas of co- 3 operation between the United States and Hong 4 Kong as a result of limits, whether self-imposed or 5 otherwise, to Hong Kong’s autonomy, including any 6 failures of the Hong Kong Government to fulfill obli- 7 gations with the United States under the treaties, 8 international agreements, and United States laws 9 specified in section 205(a)(2); 10 ‘‘(12) the specific actions taken by the United 11 States Government to mitigate the negative impact 12 to United States interests of limitations, whether 13 self-imposed or otherwise, to Hong Kong’s autonomy 14 or any failures to fulfill obligations with the United 15 States under the treaties, international agreements, 16 and United States laws specified in section 17 205(a)(2); and 18 ‘‘(13) whether the rescission of special treat- [Text truncated for display. 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