S 1838 — Hong Kong Human Rights and Democracy Act of 2019

``(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.''.

TREATMENT<<NOTE: OF HONG KONG APPLICANTS FOR VISAS TO STUDY OR WORK IN THE UNITED STATES.

``(a)22 VisaUSC Eligibility5726.>> forTREATMENT CertainOF HongHONG KongKONG Students.--APPLICANTS NotwithstandingFOR anyVISAS otherTO provisionSTUDY ofOR law,WORK applicationsIN forTHE visasUNITED toSTATES. 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.

``(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.

``(2) instructing<<NOTE: 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 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;

andLists.>> ``(3)instructing updatingthe any relevant United States GovernmentConsulate websitesin withHong informationKong onto maintain an active list of individuals who are known to have been formally charged, detained, or convicted by the policyGovernment describedof inHong subsectionKong (a).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).

ANNUAL<<NOTE: REPORT ON VIOLATIONS OF UNITED STATES EXPORT CONTROL LAWS AND UNITED NATIONS SANCTIONS OCCURRING IN HONG KONG.

(a)22 InUSC General.--Not5701 laternote.>> thanANNUAL 180REPORT daysON afterVIOLATIONS theOF dateUNITED ofSTATES theEXPORT enactmentCONTROL ofLAWS thisAND Act,UNITED andNATIONS annuallySANCTIONS thereafterOCCURRING untilIN theHONG dateKONG. that is 7 years after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report to the committees specified in subsection (b) that includes-- (1) an assessment of the nature and extent of violations of United States export control and sanctions laws 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 date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit a report to the committees specified in subsection (b) that includes-- (1) an assessment of the nature and extent of violations of United States export control and sanctions laws occurring in Hong Kong;

(4) an assessment of the efforts by the Government of the People's Republic of China to use the status of Hong Kong as a separate customs territory to import items into the People's Republic of China from Hong Kong in violation of the export control laws of the United States, whether as part of the Greater Bay Area plan, through the assignment by Beijing of Hong Kong as a national technology and innovation center, or[[Page through133 otherSTAT. programs that may exploit Hong Kong as a conduit for controlled sensitive technology;

1167]] or through other programs that may exploit Hong Kong as a conduit for controlled sensitive technology;

PROTECTING<<NOTE: UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO THE PEOPLE'S REPUBLIC OF CHINA.

22 USC 5701 note.>> PROTECTING UNITED STATES CITIZENS AND OTHERS FROM RENDITION TO THE PEOPLE'S REPUBLIC OF CHINA.

(b)[[Page Response133 toSTAT. Threat of Rendition.--Not later than 30 days after the President determines that legislation proposed or enacted by the Government of Hong Kong would put United States citizens at risk of extradition or rendition to the People's Republic of China or to other countries that lack protections for the rights of defendants, the President shall submit a report to the appropriate congressional committees that-- (1) contains a strategy for protecting United States citizens and businesses in Hong Kong;

(2)1168]] assesses(b) the<<NOTE: potential risks of the legislation to United States citizens residing in, traveling to, or transiting through Hong Kong;

andPresident. (3) determines whether-- (A) additional resources are needed for American Citizen Services at the United States Consulate in Hong Kong;

Determination.

Reports.>> Response to Threat of Rendition.--Not later than 30 days after the President determines that legislation proposed or enacted by the Government of Hong Kong would put United States citizens at risk of extradition or rendition to the People's Republic of China or to other countries that lack protections for the rights of defendants, the President shall submit a report to the appropriate congressional committees that-- (1) <<NOTE:

Strategy.>> contains a strategy for protecting United States citizens and businesses in Hong Kong;

(2) <<NOTE:

Assessment.>> assesses the potential risks of the legislation to United States citizens residing in, traveling to, or transiting through Hong Kong;

and (3) <<NOTE:

Determination.>> determines whether-- (A) additional resources are needed for American Citizen Services at the United States Consulate in Hong Kong;

SANCTIONS<<NOTE: RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND AUTONOMY IN HONG KONG.

(a)President. Identification of Persons Responsible for Undermining Fundamental Freedoms and Autonomy in Hong Kong.-- (1) In general.--The President shall submit a report to the appropriate congressional committees, in accordance with paragraph (2), that identifies each foreign person that the President determines is responsible for-- (A) the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong;

22 USC 5701 note.>> SANCTIONS RELATING TO UNDERMINING FUNDAMENTAL FREEDOMS AND AUTONOMY IN HONG KONG.

(a) Identification of Persons Responsible for Undermining Fundamental Freedoms and Autonomy in Hong Kong.-- (1) <<NOTE:

Reports.

Determination.>> In general.--The President shall submit a report to the appropriate congressional committees, in accordance with paragraph (2), that identifies each foreign person that the President determines is responsible for-- (A) the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong;

and (ii) not<<NOTE: less frequently than annually thereafter in conjunction with the publication of the report required under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C.

Time period.>> not less frequently than annually thereafter in conjunction with the publication of the report required under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C.

(4)[[Page Form.--The133 reportSTAT. required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

1169]] (4) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(3) Penalties.--The<<NOTE: penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C.

Applicability.>> Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C.

(e) Waiver.--The<<NOTE: President may waive the application of sanctions under this section with respect to a person identified in the report required under subsection (a)(1) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States.

(f)Determination. Exceptions.-- (1) Exception for intelligence activities.--Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C.

Certification.>> Waiver.--The President may waive the application of sanctions under this section with respect to a person identified in the report required under subsection (a)(1) if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States.

(f) Exceptions.-- (1) Exception for intelligence activities.--Sanctions under this section shall not apply to any activity subject to [[Page 133 STAT.

1170]] the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C.

(g) Termination<<NOTE: of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not less than 15 days before the termination takes effect that-- (1) information exists that the person did not engage in the activity for which sanctions were imposed;

Determination.

Reports.>> Termination of Sanctions.-- The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not less than 15 days before the termination takes effect that-- (1) information exists that the person did not engage in the activity for which sanctions were imposed;

SANCTIONS<<NOTE: REPORTS.

(a)President. In General.--In accordance with section 7, the President shall submit, to the appropriate congressional committees, a report that includes-- (1) a list of each foreign person with respect to which the President imposed sanctions during the year preceding the submission of the report;

22 USC 5701 note.>> SANCTIONS REPORTS.

(a) In General.--In accordance with section 7, the President shall submit, to the appropriate congressional committees, a report that includes-- [[Page 133 STAT.

1171]] (1) <<NOTE:

Lists.>> a list of each foreign person with respect to which the President imposed sanctions during the year preceding the submission of the report;

(b) Nonapplicability of Confidentiality Requirement With Respect to Visa Records.--TheRecords.-- President<<NOTE: shall publish the report required under subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C.

Publication.>> The President shall publish the report required under subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C.

It is sense of Congress that the Department of Commerce, in conjunction with other relevant Federal departments and agencies, should consider appropriate adjustments to the current United States export controls with respect to Hong Kong to prevent the supply[[Page of133 crowdSTAT. control and surveillance equipment that could be used inappropriately in Hong Kong.

Passed1172]] thesupply Senateof Novembercrowd 19,control 2019.and surveillance equipment that could be used inappropriately in Hong Kong.

Attest:Approved November 27, 2019.

Secretary.LEGISLATIVE HISTORY--S.

116th1838 CONGRESS(H.R. 1st Session S.

18383289): _______________________________________________________________________ AN ACT To amend the Hong Kong Policy Act of 1992, and for other purposes.

--------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.

165 (2019):

Nov.

19, considered and passed Senate.

Nov.

20, considered and passed House.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):

Nov.

27, Presidential statement.

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