[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7428 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7428

   To reaffirm the principles and objectives set forth in the United 
      States-Hong Kong Policy Act of 1992, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2020

 Mr. Malinowski (for himself, Mr. Kinzinger, Mr. Phillips, Mr. Curtis, 
 Mr. Lowenthal, and Mr. McGovern) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
     Committee on Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To reaffirm the principles and objectives set forth in the United 
      States-Hong Kong Policy Act of 1992, and for other purposes.

    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 People's Freedom and 
Choice Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Joint declaration.--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'' signed on December 19, 1984, and 
        entered into force on May 27, 1985, will be called the ``Sino-
        British Joint Declaration''.
            (2) Priority hong kong resident.--Priority Hong Kong 
        residents will be defined as lawful residents of Hong Kong and 
        lawful permanent residents of Hong Kong who hold no right to 
        citizenship or residency in any country or jurisdiction other 
        than the People's Republic of China (referred to in this Act as 
        ``PRC''), Hong Kong, or Macau as of the date of enactment of 
        this Act and who have resided in Hong Kong for the last 10 
        years, or the immediate family member of such person.
            (3) Appropriate congressional committees.--The appropriate 
        congressional committees are defined as--
                    (A) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee of the Judiciary of the Senate.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The National People's Congress (referred to in this Act 
        as ``NPC'') of the PRC has committed to pass national security 
        legislation which, if enacted, would--
                    (A) contravene the will of the people of Hong Kong 
                whose constitution, the Basic Law, provides in Article 
                23 that the Legislative Council of Hong Kong shall 
                enact legislation related to national security;
                    (B) violate the PRC's commitments under 
                international law, as defined by the Joint Declaration 
                of the Government of the United Kingdom of Great 
                Britain and Northern Ireland and the Government of the 
                PRC on the Question of Hong Kong (referred to in this 
                Act as ``Joint Declaration''), an international treaty 
                signed on December 19, 1984, and entered into force on 
                May 27, 1985; and
                    (C) cause severe and irreparable damage to the 
                ``one country, two systems'' principle and further 
                erode global confidence in the PRC's commitment to 
                international law.
            (2) The United States has a long and proud history as a 
        destination for refugees and asylees fleeing persecution based 
        on race, religion, nationality, political opinion, or 
        membership in a particular social group.
            (3) The United States also shares deep social, cultural, 
        and economic ties with the people of Hong Kong, including a 
        shared commitment to democracy, to the rule of law, and to the 
        protection of human rights.
            (4) The United States has sheltered, protected, and 
        welcomed as American citizens individuals who have fled 
        oppression of authoritarian regimes, including citizens from 
        the PRC following the violent June 4, 1989, crackdown in 
        Tiananmen Square, deepening ties between the people of the 
        United States and those individuals, regardless of nationality, 
        seeking to contribute to a free, open society founded on 
        respect for the rule of law.
            (5) The United States has reaped enormous economic, 
        cultural, and strategic benefit from welcoming successive 
        generations of scientists, doctors, entrepreneurs, artists, 
        intellectuals, and other freedom-loving people fleeing Fascism, 
        Communism, violent Islamist extremism, and other repressive 
        ideologies, including in the case of Nazi Germany, the Soviet 
        Union and Soviet-controlled Central Europe, Cuba, Vietnam, and 
        Iran.
            (6) Offering prospective refuge to those who have 
        contributed the most to Hong Kong's success would signal to the 
        Chinese Communist Party that repression in Hong Kong would 
        result in losing its immense wealth and talent to the United 
        States.
            (7) A mid-2020 Brookings report notes that ``Chinese 
        officials see the United States' continued ability to attract 
        and retain Chinese talent as a serious impediment to their 
        technological ambitions'' and a 2009 report of ``Issues in 
        Science and Technology'' notes that ``competition for [science 
        and technology] brainpower . . . will become one of the key 
        defining features of the West's interactions with the PRC over 
        the coming decades.''
            (8) A major asymmetric advantage of the United States in 
        its long-term strategic competition with the Communist Party of 
        China is the ability of people from every country in the world, 
        irrespective of their race, ethnicity or religion, to immigrate 
        to the United States and become American citizens.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to continue 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) ``support 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 PRC 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 continue 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;
                    (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 continue 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 PRC (referred to in this Act as the ``Basic Law'');
            (4) to urge the Government of the PRC, despite its recent 
        actions, 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 PRC 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;
            (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; and
            (12) in the case of the promulgation of new national 
        security legislation in Hong Kong, to review immigration, 
        asylum, and residency regulations such that those residents of 
        Hong Kong fleeing persecution and seeking better opportunities 
        will be welcomed in the United States.

SEC. 5. PROTECTION FOR HONG KONG RESIDENTS IN THE UNITED STATES.

    (a) Designation.--
            (1) In general.--For purposes of section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a), Hong Kong 
        shall be treated as if it had been designated under subsection 
        (b)(1)(C) of that section, subject to the provisions of this 
        section.
            (2) Period of designation.--The initial period of the 
        designation referred to in paragraph (1) shall be for the 18-
        month period beginning from such time as the Standing Committee 
        of the NPC of the PRC promulgates national security legislation 
        with respect to Hong Kong that amends Article III of Hong 
        Kong's Basic Law.
    (b) Aliens Eligible.--As a result of the designation made under 
subsection (a), an alien who is a resident of Hong Kong is deemed to 
satisfy the requirements under paragraph (1) of section 244(c) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to 
paragraph (3) of such section, if the alien--
            (1) has been continuously physically present in the United 
        States since the date of the enactment of this Act;
            (2) is admissible as an immigrant, except as otherwise 
        provided in paragraph (2)(A) of such section, and is not 
        ineligible for temporary protected status under paragraph 
        (2)(B) of such section; and
            (3) registers for temporary protected status in a manner 
        established by the Secretary of Homeland Security.
    (c) Consent To Travel Abroad.--
            (1) In general.--The Secretary of Homeland Security shall 
        give prior consent to travel abroad, in accordance with section 
        244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1254a(f)(3)), to an alien who is granted temporary protected 
        status pursuant to the designation made under subsection (a) if 
        the alien establishes to the satisfaction of the Secretary of 
        Homeland Security that emergency and extenuating circumstances 
        beyond the control of the alien require the alien to depart for 
        a brief, temporary trip abroad.
            (2) Treatment upon return.--An alien returning to the 
        United States in accordance with an authorization described in 
        paragraph (1) shall be treated as any other returning alien 
        provided temporary protected status under section 244 of the 
        Immigration and Nationality Act (8 U.S.C. 1254a).
    (d) Fee.--
            (1) In general.--In addition to any other fee authorized by 
        law, the Secretary of Homeland Security is authorized to charge 
        and collect a fee of $360 for each application for temporary 
        protected status under section 244 of the Immigration and 
        Nationality Act by a person who is only eligible for such 
        status by reason of subsection (a).
            (2) Waiver.--The Secretary of Homeland Security shall 
        permit aliens to apply for a waiver of any fees associated with 
        filing an application referred to in paragraph (1).

SEC. 6. DIFFERENTIAL TREATMENT OF HONG KONG RESIDENTS FOR IMMIGRATION 
              PURPOSES.

    (a) In General.--For not less than 5 years from such time as the 
President suspends, in whole or in part, special treatment of Hong Kong 
under United States law, Hong Kong will continue to be considered a 
separate foreign state apart from the PRC as mandated in section 103 of 
Public Law 101-649 and thus Hong Kong will continue to be treated as a 
separate foreign state for purposes of a numerical level established 
under section 1152 of title 8, United States Code.
    (b) Regulations.--In order to facilitate the future verification of 
Hong Kong residency status of visa applicants from the PRC, the 
Secretary of State shall--
            (1) issue regulations within 365 days of enactment 
        establishing a process for Hong Kong residents to register 
        their status with embassies of the United States and the 
        Department of State globally for purposes of adjudicating an 
        individual's claim to Hong Kong residency as part of a future 
        visa application for entry to the United States, including 
        through such means as--
                    (A) recording of biometric data;
                    (B) official registration and scanning of birth 
                certificates, residency cards, and other documentation 
                establishing long-term residency; and
                    (C) collection of other personal information, data, 
                and records deemed appropriate by the Secretary;
            (2) issue guidance within 180 days of enactment outlining 
        actions to enhance the ability of the Department of State to 
        efficiently share information with the United Kingdom and other 
        allies for purposes of rapidly adjudicating residency of Hong 
        Kong applicants for admission to the United States; and
            (3) provide within 180 days of enactment a briefing to the 
        House Committees on Foreign Affairs and Judiciary and the 
        Senate Committees on Foreign Relations and Judiciary on plans 
        to implement the requirements pursuant to paragraphs (1) and 
        (2).

SEC. 7. ADMISSION FOR CERTAIN HIGHLY SKILLED HONG KONG RESIDENTS.

    (a) In General.--Subject to subsection (c), the Secretary of 
Homeland Security, or, notwithstanding any other provision of law, the 
Secretary of State in consultation with the Secretary of Homeland 
Security, may provide an alien described in subsection (b) with the 
status of a special immigrant under section 101(a)(27) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
            (1) or an agent acting on behalf of the alien, submits a 
        petition for classification under section 203(b)(4) of such Act 
        (8 U.S.C. 1153(b)(4));
            (2) is otherwise eligible to receive an immigrant visa;
            (3) is otherwise admissible to the United States for 
        permanent residence (excluding the grounds for inadmissibility 
        specified in section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)); and
            (4) cleared a background check and appropriate screening, 
        as determined by the Secretary of Homeland Security.
    (b) Aliens Described.--
            (1) Principal aliens.--An alien is described in this 
        subsection if the alien is a citizen of the PRC and was born in 
        or has been a resident or permanent resident of Hong Kong for 
        at least 10 years as of the date of enactment of this Act, 
        and--
                    (A) has received a graduate diploma from an 
                accredited institution;
                    (B) has completed undergraduate or graduate 
                education in the United States; or
                    (C) is the sole or majority owner of a company with 
                more than 50 direct employees or greater than $5 
                million in assets.
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien is the spouse or child of a principal 
        alien described in paragraph (1).
    (c) Numerical Limitations.--
            (1) In general.--The total number of principal aliens who 
        may be provided special immigrant status under this section may 
        not exceed 50,000 per year for each of the 5 fiscal years 
        beginning after the date of the enactment of this Act. The 
        Secretary may, in consultation with the Secretary of State, 
        prioritize holders of diplomas in STEM fields, including the 
        physical and life sciences, computer science, engineering, 
        technology, math, and medicine.
            (2) Exclusion from numerical limitations.--Aliens provided 
        immigrant status under this section shall not be counted 
        against any numerical limitation under section 201, 202, 203, 
        or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 
        1152, 1153, and 1157).
    (d) Protection of Aliens.--The Secretary of State, in consultation 
with the heads of other relevant Federal agencies, shall make a 
reasonable effort to provide an alien described in this section who is 
applying for a special immigrant visa with protection or the immediate 
removal from the PRC if possible, of such alien if the Secretary 
determines after consultation that such alien is in imminent danger.
    (e) Eligibility for Admission Under Other Classification.--No alien 
shall be denied the opportunity to apply for admission under this 
section solely because such alien qualifies as an immediate relative or 
is eligible for any other immigrant classification.
    (f) Timeline for Processing Applications.--
            (1) In general.--The Secretary of State and the Secretary 
        of Homeland Security shall ensure that all steps under the 
        control of the United States Government incidental to the 
        approval of such applications, including required screenings 
        and background checks, are completed not later than 2 years 
        after the date on which an eligible applicant submits an 
        application under subsection (a).
            (2) Exception.--Notwithstanding paragraph (1), the relevant 
        Federal agencies may take additional time to process 
        applications described in paragraph (1) if satisfaction of 
        national security concerns requires such additional time, 
        provided that the Secretary of Homeland Security, or the 
        designee of the Secretary, has determined that the applicant 
        meets the requirements for status as a special immigrant under 
        this section and has so notified the applicant.

SEC. 8. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
              NATIONALS OF THE PRC.

    (a) In General.--Subject to subsection (c)(1), whenever an alien 
described in subsection (b) applies for adjustment of status under 
section 245 of the Immigration and Nationality Act during the 
application period (as defined in subsection (e)) the following rules 
shall apply with respect to such adjustment:
            (1) The alien shall be deemed to have had a petition 
        approved under section 204(a) of such Act for classification 
        under section 203(b)(3)(A)(i) of such Act.
            (2) The application shall be considered without regard to 
        whether an immigrant visa number is immediately available at 
        the time the application is filed.
            (3) In determining the alien's admissibility as an 
        immigrant, and the alien's eligibility for an immigrant visa--
                    (A) paragraphs (5) and (7)(A) of section 212(a) and 
                section 212(e) of such Act shall not apply; and
                    (B) the Attorney General may waive any other 
                provision of section 212(a) (other than paragraph 
                (2)(C) and subparagraph (A), (B), (C), or (E) of 
                paragraph (3)) of such Act with respect to such 
                adjustment for humanitarian purposes, for purposes of 
                assuring family unity, or if otherwise in the public 
                interest.
            (4) The numerical level of section 202(a)(2) of such Act 
        shall not apply.
            (5) Section 245(c) of such Act shall not apply.
    (b) Aliens Covered.--For purposes of this section, an alien 
described in this subsection is an alien who--
            (1) faces a fear of persecution on account of his or her 
        political opinion by the PRC of the government or other 
        authorities in the Hong Kong Special Administrative Region;
            (2) was born in or has been a resident or permanent 
        resident of Hong Kong for at least 10 years;
            (3) has initiated permanent residence in the United States 
        (other than brief, casual, and innocent absences) during the 
        period beginning June 1, 2019, and ending on the date that is 5 
        years from the date of enactment of this Act; and
            (4) was not physically present in the PRC for longer than 
        90 days after the date of establishment of such permanent 
        residence.
    (c) Condition; Dissemination of Information.--
            (1) Not applicable if safe return permitted.--Subsection 
        (a) shall not apply to any alien if the Secretary of State has 
        determined and certified to Congress, before the first day of 
        the application period, that conditions in the PRC permit 
        aliens described in subsection (b)(1) to return to that foreign 
        state in safety.
            (2) Dissemination of information.--If the President has not 
        made the certification described in paragraph (1) by the first 
        day of the application period, the Secretary of Homeland 
        Security shall, subject to the availability of appropriations, 
        immediately broadly disseminate to aliens described in 
        subsection (b) information respecting the benefits available 
        under this section. To the extent practicable, the Secretary 
        shall provide notice of these benefits to the last known 
        mailing address of each such alien.
    (d) Exclusion From Numerical Limitations.--Aliens provided 
immigrant visas under this section shall not be counted against any 
numerical limitation under sections 201, 202, or 203 of the Immigration 
and Nationality Act (8 U.S.C. 1151, 1152, or 1153).

SEC. 9. REPORTING REQUIREMENTS.

    (a) In General.--On an annual basis, the Secretary of State, in 
consultation with the Secretary of Homeland Security and other Federal 
agencies, as appropriate, shall submit a report to the appropriate 
congressional committees on--
            (1) the number of Hong Kong SAR residents who have applied 
        for admittance, been admitted, and been provided permanent 
        residence in the United States during the preceding fiscal 
        year, disaggregated by visa type or residence status, including 
        refugee, temporary protected status, special immigrant visa, 
        and legal permanent residence status provided for under this 
        Act;
            (2) the number of denials or rejections of applicants, 
        including a description of the basis for denial and 
        disaggregated by the basis for denial and by visa type or 
        residency status during the previous fiscal year;
            (3) the number of Hong Kong SAR residents that have applied 
        for political asylum by fiscal year, including number of 
        rejections, and disaggregated by basis for denial during the 
        previous fiscal year; and
            (4) other matters deemed relevant by the Secretary on 
        efforts to protect and facilitate the resettlement of refugees 
        and victims of political persecution in Hong Kong.
    (b) Form.--Each report under subsection (a) shall be submitted in 
unclassified form and published on a text-searchable, publicly 
available website of the Department of State.

SEC. 10. STRATEGY FOR INTERNATIONAL COOPERATION ON HONG KONG.

    (a) In General.--It is the policy of the United States--
            (1) to support the people of Hong Kong by providing 
        temporary relief, refugee status, and appropriate immigration 
        incentives to Hong Kong residents of the Hong Kong Special 
        Administrative Region of the PRC in the event that the PRC 
        enacts legislation that renders certain Hong Kong persons at 
        risk of persecution due to their political beliefs; and
            (2) to encourage like-minded nations to make similar 
        accommodations for Hong Kong people fleeing oppression by the 
        Government of the PRC.
    (b) Plan.--The Secretary of State, in consultation with the heads 
of other Federal agencies, as appropriate, shall develop a plan to 
engage with other nations, including the United Kingdom, on cooperative 
efforts to--
            (1) provide refugee and asylee protections for victims of, 
        and individuals with a fear of, political persecution in Hong 
        Kong, either by Hong Kong authorities or other authorities 
        acting on behalf of the PRC;
            (2) enhance protocols to facilitate the relocation of 
        refugees and displaced persons from Hong Kong; and
            (3) expedite sharing of information, as appropriate, 
        related to individual visa or travel document rejections of 
        applicants from the Hong Kong SAR for reasons of--
                    (A) national security concerns;
                    (B) fraudulent or corrupt practices related to 
                immigration or victim protection, including refugee and 
                asylee protections; and
                    (C) fraud and corruption.
    (c) Report.--Within 90 days of enactment of this Act, the Secretary 
of State or his or her designee shall submit a report on such plan 
described in paragraphs (1) through (3) of subsection (b) to the 
appropriate congressional committees.

SEC. 11. SUNSET.

    This Act shall sunset on the date that is 5 years after the date of 
enactment of this Act.
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