[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3892 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3892

To authorize lifetime residents of Hong Kong to apply for asylum in the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2020

   Mr. Sasse introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize lifetime residents of Hong Kong to apply for asylum in the 
                 United States, 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 Victims of Communism 
Support Act''.

SEC. 2. SENSE OF CONGRESS; STATEMENT OF POLICY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Hong Kong has flourished as a bastion of freedom 
        because of--
                    (A) the rule of law and autonomous status afforded 
                under the Hong Kong Basic Law, adopted by the National 
                People's Congress on April 4, 1990, and effective since 
                July 1, 1997; and
                    (B) the enterprising and free people of Hong Kong; 
                and
            (2) the direct imposition of national security legislation 
        on Hong Kong, adopted by the National People's Congress on May 
        28, 2020--
                    (A) lies in direct conflict with the principles of 
                the legally binding, United Nations-registered 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, done at Beijing December 19, 1984;
                    (B) dramatically erodes the autonomy of Hong Kong; 
                and
                    (C) curtails the liberties of the people of Hong 
                Kong.
    (b) Statement of Policy.--It is the policy of the United States to 
provide support for the refugees and asylum seekers who share the 
principles of liberty enshrined in the Constitution of the United 
States and are fleeing Hong Kong due to actions the People's Republic 
of China has taken to undermine Hong Kong's high-degree of autonomy 
afforded under the Basic Law and the Sino-British Joint Declaration.

SEC. 3. ELIGIBILITY FOR ASYLUM.

    (a) Defined Term.--In this section, the term ``Hong Konger'' means 
any individual who--
            (1) has enjoyed the right of abode in the Hong Kong Special 
        Administrative Region since birth under the Immigration 
        Ordinance (Chapter 115, Laws of Hong Kong); and
            (2) has maintained continuous residency in Hong Kong since 
        birth.
    (b) In General.--Notwithstanding paragraph (1) of section 208(b) of 
the Immigration and Nationality Act (8 U.S.C. 1158(b)), any Hong 
Konger--
            (1) shall be deemed to be eligible for asylum in the United 
        States unless he or she is described in paragraph (2) of such 
        section 208(b); and
            (2) may apply for asylum at the United States Consulate 
        General in Hong Kong and Macau before the date referred to in 
        subsection (c).
    (c) Sunset.--This section shall have no force or effect beginning 
on the date on which the Secretary of State certifies to Congress that 
Hong Kong has regained a high degree of autonomy to warrant 
differential treatment under United States law consistent with 
reporting requirements under sections 205 and 301 of the United States-
Hong Kong Policy Act of 1992 (22 U.S.C. 5725 and 5731).

SEC. 4. TREATMENT OF HONG KONG APPLICANTS FOR ASYLUM.

    Consistent with section 206 of the United States-Hong Kong Policy 
Act of 1992 (22 U.S.C. 5726), and notwithstanding any other provision 
of law, any application for asylum under section 208 of the Immigration 
and Nationality Act (8 U.S.C. 1158), including any application 
authorized under section 3(b) of this Act, which was submitted by an 
otherwise qualified applicant who resided in the Hong Kong Special 
Administrative Region in 2014 or later may not be denied primarily on 
the basis of the applicant's subjection to politically motivated 
arrest, detention, or other adverse government action.

SEC. 5. CONSULTATION REQUIREMENT.

    The Secretary of Homeland Security and the Attorney General shall 
consult with the Director of National Intelligence and the Secretary of 
State regarding any risks to national security associated with granting 
asylum to a permanent resident of the Hong Kong Special Administrative 
Region that meets the eligibility requirements under section 3(b).

SEC. 6. STRATEGY.

    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of State, in consultation with the Secretary of Homeland 
Security, shall develop a strategy for providing support and technical 
assistance to the United Kingdom of Great Britain and Northern Ireland, 
the Republic of China (Taiwan), the countries surrounding Hong Kong 
Special Administrative Region, and any other country offering to 
provide migration services and asylum to eligible Permanent Residents 
of the Hong Kong Special Administrative Region, which shall--
            (1) identify the types of support and technical assistance 
        required by such countries;
            (2) identify the existing United States Government 
        resources and authorities to provide support and technical 
        assistance to such countries;
            (3) identify any gaps in resources or authorities to 
        provide support and technical assistance to such countries; and
            (4) assess how the efforts of the United States to accept 
        asylees from Hong Kong and provide support and technical 
        assistance to countries offering to provide migration services 
        and asylum to the people of Hong Kong is impacting the 
        interests and foreign policy of the People's Republic of China.
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