Hong Kong Policy Reevaluation Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4551 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 HOUSE OF REPRESENTATIVES SEPTEMBER 27, 2019 Mr. ROUDA (for himself and Mr. MAST) introduced the following bill; which was referred to the Committee on Foreign Affairs 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 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4551 IH 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 THE MANNER AND EXTENT TO 7 WHICH PEOPLE’S REPUBLIC OF CHINA EX- 8 PLOITS HONG KONG TO CIRCUMVENT 9 UNITED STATES LAWS AND PROTECTIONS. 10 ‘‘(a) IN GENERAL.—Not later than 180 days after 11 the date of the enactment of the Hong Kong Policy Re- 12 evaluation Act of 2019, the Secretary of State shall submit 13 to the appropriate congressional committees a report on 14 the manner and extent to which the Government of the 15 People’s Republic of China uses the status of Hong Kong 16 to circumvent the laws and protections of the United 17 States. 18 ‘‘(b) ELEMENTS.—The report required by subsection 19 (a) shall include the following: 20 ‘‘(1) In consultation with the Secretary of Com- 21 merce, the Secretary of Homeland Security, and the 22 Director of National Intelligence— 23 ‘‘(A) an assessment of how the Govern- 24 ment of the People’s Republic of China uses 25 VerDate Sep 11 2014 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4551 IH Hong Kong to circumvent United States export 1 controls; 2 ‘‘(B) a list of all significant incidents in 3 which the Government of the People’s Republic 4 of China used Hong Kong to circumvent such 5 controls during the reporting period; and 6 ‘‘(C) a list of each official of the Govern- 7 ment of the People’s Republic of China that en- 8 gaged in activities described in subparagraphs 9 (A) and (B). 10 ‘‘(2) In consultation with the Secretary of the 11 Treasury and the Secretary of Commerce— 12 ‘‘(A) an assessment of how the Govern- 13 ment of the People’s Republic of China uses 14 Hong Kong to circumvent duties on merchan- 15 dise exported to the United States from the 16 People’s Republic of China; 17 ‘‘(B) a list of all significant incidents in 18 which the Government of the People’s Republic 19 of China used Hong Kong to circumvent such 20 duties during the reporting period; and 21 ‘‘(C) a list of each official of the Govern- 22 ment of the People’s Republic of China that en- 23 gaged in activities described in subparagraphs 24 (A) and (B). 25 VerDate Sep 11 2014 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4551 IH ‘‘(3) In consultation with the Secretary of the 1 Treasury, the Secretary of Homeland Security, and 2 the Director of National Intelligence— 3 ‘‘(A) an assessment of how the Govern- 4 ment of the People’s Republic of China uses 5 Hong Kong to circumvent sanctions imposed by 6 the United States or pursuant to multilateral 7 regimes; 8 ‘‘(B) a list of all significant incidents in 9 which the Government of the People’s Republic 10 of China used Hong Kong to circumvent such 11 sanctions during the reporting period; and 12 ‘‘(C) a list of each official of the Govern- 13 ment of the People’s Republic of China that en- 14 gaged in activities described in subparagraphs 15 (A) and (B). 16 ‘‘(4) In consultation with the Secretary of 17 Homeland Security and the Director of National In- 18 telligence— 19 ‘‘(A) an assessment of how the Govern- 20 ment of the People’s Republic of China uses 21 formal or informal means to extradite or coer- 22 cively move foreign nationals, including United 23 States persons, from Hong Kong to the Peo- 24 ple’s Republic of China; 25 VerDate Sep 11 2014 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4551 IH ‘‘(B) a list of foreign nationals, including 1 United States persons, who have been formally 2 or informally extradited or coercively moved 3 from Hong Kong to the People’s Republic of 4 China during the reporting period; and 5 ‘‘(C) a list of each official of the Govern- 6 ment of the People’s Republic of China that en- 7 gaged in activities described in subparagraphs 8 (A) and (B). 9 ‘‘(5) In consultation with the Secretary of De- 10 fense, the Director of National Intelligence, and the 11 Director of Homeland Security— 12 ‘‘(A) an assessment of how the intelligence, 13 security, and law enforcement agencies of the 14 Government of the People’s Republic of China, 15 including the Ministry of State Security, the 16 Ministry of Public Security, and the People’s 17 Armed Police, use the Hong Kong Security Bu- 18 reau and other security agencies in Hong Kong 19 to conduct espionage on foreign nationals in- 20 cluding United States persons, conduct influ- 21 ence operations, or violate civil liberties guaran- 22 teed under the laws of Hong Kong; 23 ‘‘(B) a list of all significant incidents of 24 such espionage, influence operations, or viola- 25 VerDate Sep 11 2014 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4551 IH 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 NATIONAL.—The term ‘foreign 21 national’ means a person that is neither— 22 ‘‘(A) an individual who is a citizen or na- 23 tional of China; or 24 VerDate Sep 11 2014 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4551 IH ‘‘(B) an entity organized under the laws of 1 China or of any jurisdiction within China. 2 ‘‘(3) REPORTING PERIOD.—The term ‘reporting 3 period’ means the 5-year period preceding submis- 4 sion of the report. 5 ‘‘(4) UNITED STATES PERSON.—The term 6 ‘United States person’ means— 7 ‘‘(A) a United States citizen or an alien 8 lawfully admitted for permanent residence to 9 the United States; or 10 ‘‘(B) an entity organized under the laws of 11 the United States or of any jurisdiction within 12 the United States, including a foreign branch of 13 such an entity.’’. 14 Æ VerDate Sep 11 2014 21:57 Oct 02, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H4551.IH H4551 pamtmann on DSKBC07HB2PROD with BILLS