https://www.congress.gov/bill/116th-congress/house-bill/3289/text
Introduced in Senate (06/12/2019)
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1824 Introduced in Senate (IS)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Policy Reevaluation Act of
2019''.
SEC. 2. REPORT ON HOW PEOPLE'S REPUBLIC OF CHINA EXPLOITS HONG KONG TO
CIRCUMVENT UNITED STATES LAWS.
Title III of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5731 et seq.) is amended by adding at the end the following:
``SEC. 303. REPORT ON HOW PEOPLE'S REPUBLIC OF CHINA EXPLOITS HONG KONG
TO CIRCUMVENT UNITED STATES LAWS.
``(a) In General.--Not later than 180 days after the date of the
enactment of the Hong Kong Policy Reevaluation Act of 2019, the
Secretary of State shall submit to the appropriate congressional
committees a report on how the Government of the People's Republic of
China uses Hong Kong to circumvent the laws of the United States.
``(b) Elements.--The report required by subsection (a) shall
include the following:
``(1) In consultation with the Secretary of Homeland
Security and the Director of National Intelligence--
``(A) an assessment of how the Government of the
People's Republic of China uses formal or informal
means to extradite or coercively move foreign
nationals, including United States citizens, from Hong
Kong to the People's Republic of China;
``(B) a list of foreign nationals, including United
States citizens, who have been formally or informally
extradited or coercively moved from Hong Kong to the
People's Republic of China during the reporting period;
and
``(C) a list of each official of the Government of
the People's Republic of China that engaged in
activities described in subparagraphs (A) and (B).
``(2) In consultation with the Secretary of Commerce, the
Secretary of Homeland Security, and the Director of National
Intelligence--
``(A) an assessment of how the Government of the
People's Republic of China uses Hong Kong to circumvent
United States export controls;
``(B) a list of all significant incidents in which
the Government of the People's Republic of China used
Hong Kong to circumvent such controls during the
reporting period; and
``(C) a list of each official of the Government of
the People's Republic of China that engaged in
activities described in subparagraphs (A) and (B).
``(3) In consultation with the Secretary of the Treasury
and the Secretary of Commerce--
``(A) an assessment of how the Government of the
People's Republic of China uses Hong Kong to circumvent
duties on merchandise imported into the United States
from the People's Republic of China;
``(B) a list of all significant incidents in which
the Government of the People's Republic of China used
Hong Kong to circumvent such duties during the
reporting period; and
``(C) a list of each official of the Government of
the People's Republic of China that engaged in
activities described in subparagraphs (A) and (B).
``(4) In consultation with the Secretary of the Treasury,
the Secretary of Homeland Security, and the Director of
National Intelligence--
``(A) an assessment of how the Government of the
People's Republic of China uses Hong Kong to circumvent
sanctions imposed by the United States or pursuant to
multilateral regimes;
``(B) a list of all significant incidents in which
the Government of the People's Republic of China used
Hong Kong to circumvent such sanctions during the
reporting period; and
``(C) a list of each official of the Government of
the People's Republic of China that engaged in
activities described in subparagraphs (A) and (B).
``(5) In consultation with the Secretary of Defense, the
Director of National Intelligence, and the Director of Homeland
Security--
``(A) an assessment of how the intelligence,
security, and law enforcement agencies of the
Government of the People's Republic of China, including
the Ministry of State Security, the Ministry of Public
Security, and the People's Armed Police, use the Hong
Kong Security Bureau and other security agencies in
Hong Kong to conduct espionage on foreign nationals
(including United States citizens), conduct influence
operations, or violate civil liberties guaranteed under
the laws of Hong Kong;
``(B) a list of all significant incidents of such
espionage, influence operations, or violations of civil
liberties during the reporting period; and
``(C) a list of each official of the Government of
the People's Republic of China that engaged in
activities described in subparagraphs (A) and (B).
``(c) Form of Report; Availability.--
``(1) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
index.
``(2) Availability.--The unclassified portion of the report
required by subsection (a) shall be posted on a publicly
available internet website of the Department of State.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
``(2) Foreign person.--The term `foreign person' means a
person that is not a United States person.
``(3) Reporting period.--The term `reporting period' means
the 5-year period preceding submission of the report.
``(4) United states person.--The term `United States
person' means--
``(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
``(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an
entity.''.
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