[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Page S3735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2289. Mr. SASSE submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII of division A, add
the following:
SECTION 1. ASYLUM FOR HONG KONG VICTIMS OF COMMUNISM.
(a) Short Title.--This section may be cited as the ``Hong
Kong Victims of Communism Support Act''.
(b) Sense of Congress; Statement of Policy.--
(1) Sense of congress.--It is the sense of Congress that--
(A) Hong Kong has flourished as a bastion of freedom
because of--
(i) 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
(ii) the enterprising and free people of Hong Kong; and
(B) the direct imposition of national security legislation
on Hong Kong, adopted by the National People's Congress on
May 28, 2020--
(i) 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;
(ii) dramatically erodes the autonomy of Hong Kong; and
(iii) curtails the liberties of the people of Hong Kong.
(2) 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.
(c) Eligibility for Asylum.--
(1) Defined term.--In this subsection, the term ``Hong
Konger'' means any individual who--
(A) 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
(B) has maintained continuous residency in Hong Kong since
birth.
(2) In general.--Notwithstanding paragraph (1) of section
208(b) of the Immigration and Nationality Act (8 U.S.C.
1158(b)), any Hong Konger--
(A) 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
(B) may apply for asylum at the United States Consulate
General in Hong Kong and Macau before the date referred to in
paragraph (3).
(3) 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).
(d) 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 subsection
(c)(2), 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.
(e) 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 subsection (c)(2).
(f) 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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