[Congressional Record Volume 166, Number 206 (Monday, December 7, 2020)]
[House]
[Pages H6872-H6877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           HONG KONG PEOPLE'S FREEDOM AND CHOICE ACT OF 2020

  Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 8428) to provide for temporary protected status for residents of 
Hong Kong, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 8428

       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 of 2020''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act:
       (1) Joint declaration.--The term ``Joint Declaration'' 
     means 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.
       (2) Priority hong kong resident.--The term ``Priority Hong 
     Kong resident'' means--
       (A) a permanent resident of Hong Kong who--
       (i) holds no right to citizenship 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;
       (ii) has resided in Hong Kong for not less than the last 10 
     years as of the date of enactment of this Act; and
       (iii) has been designated by the Secretary of State or 
     Secretary of Homeland Security as having met the requirements 
     of this subparagraph, in accordance with the procedures 
     described in section 7 of this Act; or
       (B) the spouse of a person described in subparagraph (A), 
     or the child of such person as such term is defined in 
     section 101(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1101(b)(1)), except that a child shall be an unmarried 
     person under twenty-seven years of age.
       (3) Hong kong national security law.--The term ``Hong Kong 
     National Security Law'' means the Law of the People's 
     Republic of China on Safeguarding National Security in the 
     Hong Kong Special Administrative Region that was passed 
     unanimously by the National People's Congress and signed by 
     President Xi Jinping on June 30, 2020, and promulgated in the 
     Hong Kong Special Administrative Region (referred to in this 
     Act as ``Hong Kong SAR'') on July 1, 2020.
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (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 on 
     the Judiciary of the Senate.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) The Hong Kong National Security Law promulgated on July 
     1, 2020--
       (A) contravenes the Basic Law of the Hong Kong Special 
     Administrative Region (referred to in this Act as ``the Basic 
     Law'') that provides in Article 23 that the Legislative 
     Council of Hong Kong shall enact legislation related to 
     national security;
       (B) violates the PRC's commitments under international law, 
     as defined by the Joint Declaration; and
       (C) causes severe and irreparable damage to the ``one 
     country, two systems'' principle and further erodes global 
     confidence in the PRC's commitment to international law.
       (2) On July 14, 2020, in response to the promulgation of 
     the Hong Kong National Security Law, President Trump signed 
     an Executive order on Hong Kong normalization that, among 
     other policy actions, suspended the special treatment of Hong 
     Kong persons under U.S. law with respect to the issuance of 
     immigrant and nonimmigrant visas.
       (3) 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.
       (4) 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.
       (5) The United States has sheltered, protected, and 
     welcomed individuals who have fled 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 seeking 
     to contribute to a free, open society founded on democracy, 
     human rights, and the respect for the rule of law.
       (6) The United States has reaped enormous economic, 
     cultural, and strategic benefits 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 cases of Nazi 
     Germany, the Soviet Union, and Soviet-controlled Central 
     Europe, Cuba, Vietnam, and Iran.
       (7) 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 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;
       (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 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, including the reinstatement of the Fulbright 
     exchange program with regard to Hong Kong at the earliest 
     opportunity;
       (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) to welcome and protect in the United States residents 
     of Hong Kong fleeing persecution or otherwise seeking a safe 
     haven from violations by the Government of the PRC of the 
     fundamental rights of the people of Hong Kong.

     SEC. 5. TEMPORARY PROTECTED STATUS 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.

[[Page H6873]]

       (2) Period of designation.--The initial period of the 
     designation referred to in paragraph (1) shall be for the 18-
     month period beginning on the date of enactment of this Act.
       (b) Aliens Eligible.--As a result of the designation made 
     under subsection (a), an alien 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) was a permanent resident of Hong Kong at the time such 
     individual arrived into the United States and is a national 
     of the PRC (or in the case of an individual having no 
     nationality, is a person who last habitually resided in Hong 
     Kong);
       (2) has been continuously physically present in the United 
     States since the date of the enactment of this Act;
       (3) 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
       (4) 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. TREATMENT OF HONG KONG RESIDENTS FOR IMMIGRATION 
                   PURPOSES.

       Notwithstanding any other provision of law, during the 5 
     fiscal year period beginning on the first day of the first 
     full fiscal year after the date of enactment of this Act, 
     Hong Kong shall continue to be considered a foreign state 
     separate and apart from the PRC as mandated under section 103 
     of the Immigration and Nationality Act of 1990 (Public Law 
     101-649) for purposes of the numerical limitations on 
     immigrant visas under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).

     SEC. 7. VERIFICATION OF HONG KONG PRIORITY RESIDENTS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     publish in the Federal Register, an interim final rule 
     establishing procedures for designation of Hong Kong Priority 
     Residents. Notwithstanding section 553 of title 5, United 
     States Code, the rule shall be effective, on an interim 
     basis, immediately upon publication, but may be subject to 
     change and revision after public notice and opportunity for 
     comment. The Secretary of State shall finalize such rule not 
     later than 1 year after the date of the enactment of this 
     Act. Such rule shall establish procedures--
       (1) for individuals to register with any United States 
     embassy or consulate outside of the United States, or with 
     the Department of Homeland Security in the United States, and 
     request designation as a Priority Hong Kong Resident; and
       (2) for the appropriate Secretary to verify the residency 
     of registered individuals and designate those who qualify as 
     Priority Hong Kong Residents.
       (b) Documentation.--The procedures described in subsection 
     (a) shall include the collection of--
       (1) biometric data;
       (2) copies of birth certificates, residency cards, and 
     other documentation establishing residency; and
       (3) other personal information, data, and records deemed 
     appropriate by the Secretary.
       (c) Guidance.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall issue 
     guidance outlining actions to enhance the ability of the 
     Secretary to efficiently send and receive information to and 
     from the United Kingdom and other like-minded allies and 
     partners for purposes of rapid verification of permanent 
     residency in Hong Kong and designation of individuals as 
     Priority Hong Kong Residents.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the House Committees on Foreign Affairs and the 
     Judiciary and the Senate Committees on Foreign Relations and 
     the Judiciary detailing plans to implement the requirements 
     described in this subsection.
       (e) Protection for Refugees.--Nothing in this section shall 
     be construed to prevent a Priority Hong Kong Resident from 
     seeking refugee status under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) or requesting asylum 
     under section 208 of such Act (8 U.S.C. 1158).

     SEC. 8. REPORTING REQUIREMENTS.

       (a) In General.--On an annual basis, the Secretary of State 
     and the Secretary of Homeland Security, in consultation with 
     other Federal agencies, as appropriate, shall submit a report 
     to the appropriate congressional committees, detailing for 
     the previous fiscal year--
       (1) the number of Hong Kong SAR residents who have applied 
     for U.S. visas or immigration benefits, disaggregated by visa 
     type or immigration benefit, including asylum, refugee 
     status, temporary protected status, and lawful permanent 
     residence;
       (2) the number of approvals, denials, or rejections of 
     applicants for visas or immigration benefits described in 
     paragraph (1), disaggregated by visa type or immigration 
     benefit and basis for denial;
       (3) the number of pending refugee and asylum applications 
     for Hong Kong SAR residents, and the length of time and 
     reason for which such applications have been pending; and
       (4) other matters deemed relevant by the Secretaries 
     relating to efforts to protect and facilitate the 
     resettlement of refugees and victims of 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 and the Department of Homeland Security.

     SEC. 9. 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 safe 
     haven to Hong Kong SAR residents who are nationals of the PRC 
     following the enactment of the Hong Kong National Security 
     Law that places certain Hong Kong persons at risk of 
     persecution; and
       (2) to encourage like-minded nations to make similar 
     accommodations for Hong Kong people fleeing persecution 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 asylum protections for victims of, 
     and individuals with a fear of, persecution in Hong Kong, 
     either by Hong Kong authorities or other authorities acting 
     on behalf of the PRC;
       (2) enhance protocols to facilitate the resettlement of 
     refugees and displaced persons from Hong Kong;
       (3) identify and prevent the exploitation of immigration 
     and visa policies and procedures by corrupt officials; and
       (4) expedite the sharing of information, as appropriate, 
     related to the refusal of individual applications for visas 
     or other travel documents submitted by residents of the Hong 
     Kong SAR based on--
       (A) national security or related grounds under section 
     212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)); or
       (B) fraud or misrepresentation under section 212(a)(6)(C) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(6)(C)).
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the heads of other Federal agencies, as 
     appropriate, shall submit a report on the plan described in 
     subsection (b) to the appropriate congressional committees.

     SEC. 10. REFUGEE STATUS FOR CERTAIN RESIDENTS OF HONG KONG.

       (a) In General.--Aliens described in subsection (b) may 
     establish, for purposes of admission as a refugee under 
     sections 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) or asylum under section 208 of such Act (8 U.S.C. 
     1158), that such alien has a well-founded fear of persecution 
     on account of race, religion, nationality, membership in a 
     particular social group, or political opinion by asserting 
     such a fear and a credible basis for concern about the 
     possibility of such persecution.
       (b) Aliens Described.--
       (1) In general.--An alien is described in this subsection 
     if such alien--
       (A) is a Priority Hong Kong Resident and--
       (i) had a significant role in a civil society organization 
     supportive of the protests in 2019 and 2020 related to the 
     Hong Kong National Security Law and the encroachment on the 
     autonomy of Hong Kong by the PRC;
       (ii) was arrested, charged, detained, or convicted of an 
     offense arising from their participation in an action as 
     described in section 206(b)(2) of the United States-Hong Kong 
     Policy Act of 1992 (22 U.S.C. 5726(b)(2)) that was not 
     violent in nature; or
       (iii) has had their citizenship, nationality, or residency 
     revoked for having submitted to any United States Government 
     agency a nonfrivolous application for refugee status, asylum, 
     or any other immigration benefit under the immigration laws 
     (as defined in section 101(a) of that Act (8 U.S.C. 
     1101(a)));
       (B) is a Priority Hong Kong Resident spouse or child of an 
     alien described in subparagraph (A); or
       (C) is the parent of an alien described in subparagraph 
     (A), if such parent is a citizen of the PRC and no other 
     foreign state.
       (2) Other categories.--The Secretary of Homeland Security, 
     in consultation with the

[[Page H6874]]

     Secretary of State, may designate other categories of aliens 
     for purposes of establishing a well-founded fear of 
     persecution under subsection (a) if such aliens share common 
     characteristics that identify them as targets of persecution 
     in the PRC on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion.
       (3) Significant role.--For purposes of clause (i) of 
     subsection (b)(1)(A), a significant role shall include, with 
     respect to the protests described in such clause--
       (A) an organizing role;
       (B) a first aid responder;
       (C) a journalist or member of the media covering or 
     offering public commentary;
       (D) a provider of legal services to one or more individuals 
     arrested for participating in such protests; or
       (E) a participant who during the period beginning on June 
     9, 2019, and ending on June 30, 2020, was arrested, charged, 
     detained, or convicted as a result of such participation.
       (c) Age Out Protections.--For purposes of this section, a 
     determination of whether an alien is a child shall be made 
     using the age of the alien on the date on which the alien 
     files an application for refugee or asylum status with the 
     Secretary of Homeland Security.
       (d) Exclusion From Numerical Limitations.--Aliens provided 
     refugee status under this section shall not be counted 
     against the numerical limitation on refugees established in 
     accordance with the procedures described in section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157).
       (e) Reporting Requirements.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     Secretary of State and the Secretary of Homeland Security 
     shall submit a report on the matters described in paragraph 
     (2) to--
       (A) the Committee on the Judiciary and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on the Judiciary and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Matters to be included.--Each report required by 
     paragraph (1) shall include--
       (A) the total number of refugee and asylum applications 
     that are pending at the end of the reporting period;
       (B) the average wait-times for all applicants for refugee 
     status or asylum pending--
       (i) a prescreening interview with a resettlement support 
     center;
       (ii) an interview with U.S. Citizenship and Immigration 
     Services; and
       (iii) the completion of security checks;
       (C) the number of approvals, referrals including the source 
     of the referral, denials of applications for refugee status 
     or asylum, disaggregated by the reason for each such denial; 
     and
       (D) the number of refugee circuit rides to interview 
     populations that would include Hong Kong SAR completed in the 
     last 90 days, and the number planned for the subsequent 90-
     day period.
       (3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (4) Public reports.--The Secretary of State shall make each 
     report submitted under this subsection available to the 
     public on the internet website of the Department of State.

     SEC. 11. STATEMENT OF POLICY ON ENCOURAGING ALLIES AND 
                   PARTNERS TO MAKE SIMILAR ACCOMMODATIONS.

       It is the policy of the United States to encourage allies 
     and partners of the United States to make accommodations 
     similar to the accommodations made in this Act for residents 
     of the Hong Kong Special Administrative Region who are 
     fleeing oppression by the Government of the People's Republic 
     of China.

     SEC. 12. TERMINATION.

       Except as provided in section 6 of this Act, this Act shall 
     cease to have effect on the date that is 5 years after the 
     date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Engel) and the gentleman from Texas (Mr. McCaul) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 8428.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank Congressman Malinowski for his tireless 
work on the Foreign Affairs Committee and particularly his advocacy on 
behalf of those maligned and abused by the Chinese Government.
  Mr. Speaker, China's attacks on Hong Kong's autonomy came to a head 
this year when they rammed through the National Security Law, 
effectively undermining the one country, two systems framework the Hong 
Kongers were promised.
  Since then, Beijing has used the law to arrest a number of pro-
democracy activists. Just last week, Joshua Wong, Agnes Chow, and Ivan 
Lam were sentenced to prison in an attempt by the People's Republic of 
China to silence dissent.
  When the National Security Law was passed, the Trump administration 
abruptly eliminated a number of policies that gave Hong Kongers 
preferential treatment under U.S. law, including terminating 
immigration-related benefits to Hong Kong passport holders just when 
they needed it most.
  While the United States has shut our doors to the people of Hong 
Kong, the United Kingdom was welcoming those fleeing Xi Jinping's 
tyranny, with Canada now following suit. H.R. 8428 would allow the 
United States to do the same, telling the people of Hong Kong that the 
U.S. is open to them, that we want Hong Kongers to come to America and 
contribute their talents to our society.

                              {time}  1300

  China is currently detaining 12 young Hong Kong activists who bravely 
tried to hold their government accountable for the commitments under 
international law. These are the kinds of people we should be helping. 
We really need to admire them. They are really on the front line, and 
we should not let China, the Beijing regime, get away with this.
  This legislation corrects the unforced error of the administration 
which closed our doors to people whom we should be defending.
  Congress has constantly demonstrated strong bipartisan support for 
Hong Kong, and I urge my colleagues to do the same today. It is really 
terrible to allow Beijing to get away with this.
  People of Hong Kong, as I said before, were promised that, when the 
United Kingdom gave up Hong Kong, the agreement with the Beijing 
Government was that Hong Kong would have lots of autonomy and lots of 
freedom. And as they are doing in many places around the world, the 
People's Republic of China, the Beijing Government, is just taking all 
their promises and throwing them away.
  We cannot allow that to happen. The United States must play a very 
major role, a very vocal role, and that is what the Congress is doing 
here today. It has bipartisan support by Democrats and Republicans. It 
should be supported by all Americans. I think perhaps it is, and we 
will send a clear message, not only to China, but all around the world.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                 Washington, DC, December 1, 2020.
     Hon. Eliot Engel,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Chairman Engel: This is to advise you that the 
     Committee on the Judiciary has now had an opportunity to 
     review the provisions in H.R. 8428, ``Hong Kong People's 
     Freedom and Choice Act of 2020'' that fall within our Rule X 
     jurisdiction. I appreciate your consulting with us on those 
     provisions. The Judiciary Committee has no objection to your 
     including them in the bill for consideration on the House 
     floor, and to expedite that consideration is willing to forgo 
     action on H.R. 8428, with the understanding that we do not 
     thereby waive any future jurisdictional claim over those 
     provisions or their subject matters.
       In the event a House-Senate conference on this or similar 
     legislation is convened, the Judiciary Committee reserves the 
     right to request an appropriate number of conferees to 
     address any concerns with these or similar provisions that 
     may arise in conference.
       Please place this letter into the Congressional Record 
     during consideration of the measure on the House floor. Thank 
     you for the cooperative spirit in which you have worked 
     regarding this matter and others between our committees.
           Sincerely,
                                                   Jerrold Nadler,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                Washington, DC, November 11, 2020.
     Hon. Jerrold Nadler,
     Chairman, Committee on the Judiciary,
     House of Representatives, Washington, DC.
       Dear Chairman Nadler: I am writing to you concerning H.R. 
     8428, Hong Kong People's Freedom and Choice Act of 2020. I 
     appreciate your willingness to work cooperatively on this 
     legislation.
       I acknowledge that provisions of the bill fall within the 
     jurisdiction of the House Committee on the Judiciary under 
     House Rule X, and that your Committee will forgo

[[Page H6875]]

     action on H.R. 8428 to expedite floor consideration. I 
     further acknowledge that the inaction of your Committee with 
     respect to the bill does not waive any future jurisdictional 
     claim over the matters contained in the bill that fall within 
     your jurisdiction. I will also support the appointment of 
     Committee on the Judiciary conferees during any House-Senate 
     conference convened on this legislation.
       Lastly, I will ensure that our exchange of letters is 
     included in the Congressional Record during floor 
     consideration of the bill. Thank you again for your 
     cooperation regarding the legislation. I look forward to 
     continuing to work with you as the measure moves through the 
     legislative process.
           Sincerely,
                                                   Eliot L. Engel,
                                                         Chairman.

  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, over the last year, the world has watched as the Chinese 
Communist Party has systematically destroyed the political freedoms 
that were guaranteed to the people of Hong Kong under the British-Sino 
treaty.
  Hong Kongers are no longer allowed to exercise their rights of 
freedom of speech, freedom of expression, or freedom to peacefully 
assemble. Many protestors in Hong Kong have been beaten in the streets; 
others have been arrested and thrown in jail without due process.
  Last week, we learned Hong Kong pro-democracy activist Joshua Wong 
was sentenced to 13 months in jail for simply demanding the freedoms he 
was promised. Other activists like Agnes Chow and Ivan Lam were 
sentenced to 10 months in jail as well.
  This is the Chinese Communist Party showing its true colors as 
enemies of freedom and brutal oppressors of its own people.
  I have had the privilege to speak with Joshua Wong on several 
occasions, including last year when he testified before our committee. 
He is devoted to Hong Kong, to his people, and to democracy. The 
Chinese Communist Party has jailed him for more than a year in what is 
an appalling injustice.
  It is no wonder that the Director of National Intelligence recently 
wrote that the People's Republic of China poses the greatest threat to 
America today, and the greatest threat to democracy and freedom 
worldwide since World War II. I couldn't agree more.
  That is why I was proud to chair the China Task Force earlier this 
year. And after months of classified and unclassified briefings, the 
China Task Force released a report with 82 key findings and more than 
400 recommendations, many of which are focused on what steps we should 
take to help the people of Hong Kong, including providing support to 
Hong Kong refugees fleeing the Chinese Communist Party persecution, 
which this bill does.
  The Hong Kong People's Freedom and Choice Act serves as a reminder to 
the Chinese Communist Party that America stands with the people of Hong 
Kong, and it will stand for freedom.
  Mr. Speaker, I want to thank, also, the sponsor of this bill, a 
member of the Foreign Affairs Committee, Mr. Malinowski, for bringing 
this bill forward here today. I urge my colleagues to join us in 
support of this important legislation, and I reserve the balance of my 
time.
  Mr. ENGEL. Mr. Speaker, as you can see, there is bipartisan support 
for this. As Americans, we have an absolute stake in what goes on in 
China and Hong Kong.
  Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr. 
Malinowski), the author of this important bill, a valued member of the 
Foreign Affairs Committee.
  Mr. MALINOWSKI. Mr. Speaker, I thank Chairman Engel for his 
leadership for human rights on this issue and on so many issues as the 
leader of our committee, and for the very strong words that he just 
delivered on this important legislation, the Hong Kong People's Freedom 
and Choice Act.
  Mr. Speaker, I want to thank the bipartisan sponsors, Representatives 
Kinzinger, Castro, and Curtis. I want to thank Ranking Member McCaul 
and leadership on both sides of the aisle for making the issue of Hong 
Kong and our efforts to provide safe haven for its people a bipartisan 
issue.
  As the gentleman mentioned, the China Task Force that he chaired, 
recommended an approach very similar to the one that we will be 
embracing here today. I think the reason why we are united on this 
issue is that, although we may sometimes use different language, we do 
have a common understanding of the challenge that the United States 
faces with respect to China.
  We understand that we are in a contest, not with China the country, 
not with the Chinese people, but with the Chinese Government, the 
Chinese Communist Party. It is a contest of ideas and ideals. It is 
about the most fundamental questions: how the world should be 
organized, whether there are any rules that apply to the most powerful 
nations and the most powerful governments, or whether those nations and 
governments can impose their will on anyone as they choose; a contest 
between democracy and kleptocracy.
  It is a contest that we win, in my view, by remembering what we stand 
for as a country, by staying true to that, by winning allies to that, 
by rallying hearts and minds around the world to that.
  So with that in mind, I would like to make just two points that are 
relevant to this bill.
  Number one, Hong Kong is very important to this contest. It is a city 
on the front lines, geographically and morally, just like Berlin was 
during the Cold War. It is a place where the Chinese Government made a 
promise to respect the autonomy of Hong Kong, to respect the freedom of 
speech, the freedom of assembly, the rule of law that people enjoyed 
there.
  China, today, is plainly breaking those promises, and by breaking 
them, it is testing us, because those promises were made not just to 
the people of Hong Kong but to the United States and to the 
international community. It is testing to see whether we will do 
something; and, therefore, we must.
  The second point I will make is that we know something as a country 
about how to win a contest like this because we waged one during the 
Cold War. We have learned lessons about what to do and what not to do, 
and one of those lessons is that the best way to win against a 
dictatorship is to pit the strength of our system against the weakness 
of theirs, to hold up the glaring contrast between our free, open, and 
self-confident democracy, against the weakness of the oppressive, 
closed, and fearful system that the Communist Party has imposed on the 
Chinese people, including, now, in Hong Kong.
  One way we do that is by self-confidently opening our doors. That is 
what we did during the Cold War.
  Hundreds of thousands of people from the former Soviet Union, 
including 400,000 religious refugees from the former Soviet Union 
itself and many, many more from Hungary, Poland--my family, for 
example--Czechoslovakia, and others, came to the United States over the 
decades. Yes, they were dissidents. Sometimes they were protestors; 
sometimes they were political; but mostly, they were the people with 
open and inquiring minds, the risk-takers, the entrepreneurs, the 
scientists, the artists, and the best and brightest.

  And the Soviet bloc's loss was our gain. They made us stronger, and 
their success here was a constant reproach to the Communist regimes 
that they left behind, a constant reminder to the people still trapped 
behind the Iron Curtain, that there is a better way to live than in a 
dictatorship.
  So that is what we are doing in this bill. We are saying that we are 
willing to provide temporary refuge to Hong Kongers who are already in 
the United States, to expedite processing of refugee applications for 
Hong Kongers fleeing persecution. We call for a strategy to work with 
our allies, because the United States, obviously, cannot do this by 
itself, but we can lead this effort.
  We are saying, by passing this legislation, something very, very 
important to the Chinese Government. We are saying: If you crush Hong 
Kong, you will lose its best and brightest citizens, the people 
responsible for its vitality, but we will let them come to the United 
States and contribute to our vitality instead.
  So it is a humanitarian gesture, but it is actually much more than a 
humanitarian gesture. It is one of the best ways we have to deter China 
from crushing Hong Kong. The Chinese Government understands perfectly 
well that this is a threat.
  When the United Kingdom offered asylum and citizenship to Hong

[[Page H6876]]

Kongers earlier this year, they said it was a gross interference, and 
they condemned it.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. ENGEL. Mr. Speaker, I yield an additional 2 minutes to the 
gentleman from New Jersey (Mr. Malinowski).
  Mr. MALINOWSKI. Mr. Speaker, they condemned Canada for doing exactly 
the same thing a few months ago.
  I don't believe they expect us to do it. They surely expect us to 
condemn them. They surely expect us to slap a few sanctions on their 
leadership, as the State Department did today, which I am fine with. 
But they do not expect us to use the strength of our society against 
the weakness of theirs by opening our doors to Hong Kongers fleeing 
persecution, giving them that option that is being denied to them in 
Hong Kong itself.
  So let's stand by the brave people of Hong Kong. Let's make the 
Chinese Communist Party uncomfortable, as this sure will, and let's do 
it in the best traditions of America's openness to people seeking 
freedom from oppression around the world.
  Mr. McCAUL. Mr. Speaker, I yield 2 minutes to the gentleman from 
Arkansas (Mr. Hill).
  Mr. HILL of Arkansas. Mr. Speaker, I thank my friend, Chairman Engel, 
and Ranking Member McCaul for their leadership on this matter and all 
the members on the Foreign Affairs Committee who worked so diligently 
to support the people of Hong Kong, their autonomy, and their freedoms.
  In my travel to Hong Kong, I witnessed firsthand the innovative 
spirit and work ethic of the citizens of that special place. Hong 
Kongers, like people all around the globe, look to the United States as 
a symbol for freedom and democracy, that beacon of hope in a sea of 
global despair that we have been for some 2\1/2\ centuries.
  Today, as the CCP tightens its grip on Hong Kong, we must provide 
unwavering support for the democratic desires of the people of Hong 
Kong and be steadfast in our solidarity with these democracy-loving, 
hardworking people.
  That is why I am pleased to support and urge all my colleagues to 
support this important bill, H.R. 8428, the Hong Kong People's Freedom 
and Choice Act, to give those seeking refuge on our shores the 
protection they need.
  As the people of Hong Kong cry out to the free world for support 
against tyranny, the United States stands at their side to join those 
calling on the CCP to honor their 1984 treaty commitments and those 
aiding those Hong Kongers seeking refuge.
  Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
  Mr. McCAUL. Mr. Speaker, at this point in time, I would like to take 
a moment of personal privilege to honor my dear friend, the gentleman 
from New York.
  This may perhaps be our last time on the floor debating together. We 
have become good friends over the last 2 years as chairman and ranking 
member. I would argue that is the way it is supposed to be.
  Chairman Engel often says, and I agree, that when it comes to foreign 
policy, that partisanship stops at the water's edge. In fact, just last 
year, RealClearPolitics described the Foreign Affairs Committee as an 
island of calm in a sea of partisanship. An island of calm in a sea of 
partisanship--I take that as a great compliment, and I know you should, 
too.
  No one embodies that more than our committee chairman, Eliot Engel. I 
am honored to call him my friend.
  Anyone who has ever worked with Chairman Engel, or just even had the 
opportunity to meet him, knows that he is truly a gentleman in every 
sense of the word. He always puts civility first, and he values public 
service and honor above everything else.
  But not everyone knows that the man has got a great sense of humor. 
He is one of the funniest guys I know.

                              {time}  1315

  And that is why if you watch videos of us in the Foreign Affairs 
Committee on the dais, you will often see him lean over and whisper 
something to me, and I couldn't help but respond with laughter. And I 
have shared that sense of humor with him over the last 2 years.
  Perhaps one of the fondest memories I have, Mr. Speaker, is traveling 
to Normandy on the 75th anniversary of D-day to see our D-day veterans, 
ones like my father, who fought in World War II as part of the D-day 
air campaign, to see those brave patriots who crushed and destroyed the 
evils of Nazi Germany.
  Now, for those of you who may not know, there is a younger picture of 
Eliot that really looks just like one of the Beatles, and that would be 
John Lennon. And I was thinking about blowing it up and putting it on 
the floor, but I wanted to save you that. But it is not a bad looking 
picture.
  So when we were on this codel, we decided, you know what, we are 
going to break away from the pack and have our own private dinner at Le 
Meurice in Paris. And I bought this really cool pair of sunglasses. 
They had to be readers, but they were sunglasses, and maybe for a guy 
from Texas they were a little too funky, but then when I looked at 
Eliot and that John Lennon look, I handed the glasses to Eliot, he put 
them on, and he looked absolutely fantastic in those glasses. So I 
said, Eliot, you can have those glasses. And it always charms me when 
he puts those glasses on sometimes at a committee hearing.
  But no matter where he goes, Eliot is always the one to lighten the 
mood and make people feel more at ease. And that is really his way. He 
wants people to know that they are heard and that he is in their 
corner.
  I will never forget the trip we took to the Colombia-Venezuela border 
at the height of the humanitarian crisis. We saw firsthand the six 
million people who fled the corrupt Maduro regime and the fallout that 
it caused. It was truly the worst humanitarian and refugee crisis 
facing the Western Hemisphere.
  Eliot and I knew that something needed to be done, and as a result we 
introduced the United States-Northern Triangle Enhanced Engagement Act, 
which aimed to curb illegal migration, spur economic development, and 
combat corruption in the area.
  And not long after that, we introduced the bipartisan Global 
Fragility Act to improve the way the United States deals with fragile 
nations. And I am proud to say this bipartisan bill was signed into law 
last year.
  Both of these legislative achievements are aimed at helping people 
who need it the most because that is who Chairman Engel truly is.
  He sees this very large world that we live in and immediately wants 
to come to the aid of those who are suffering, those who are sick, and 
those who are needing a helping hand.
  Under Chairman Engel's leadership on issues like these he has played 
a pivotal role in shaping United States foreign policy. The world is 
and will continue to be a more stable and secure place because of him.
  In light of these accomplishments and so much more, I found it only 
fitting to name this year's State Department Authorization Act after 
the chairman, and I am proud to say the Eliot Engel State Department 
Act passed the House last year.
  You know, most people could not imagine a Democrat from the Bronx and 
a Republican from the heart of Texas could not only work so well 
together, but that we would become best of friends, especially not in a 
town that is so often divided by politics.
  But Mr. Engel and I decided early on from the start that we could 
achieve more if we focused on the things we agreed on than the things 
we didn't agree on. And the fact is, we agree on 95 percent of foreign 
policy issues and it is through our friendship that we have been able 
to accomplish so much.
  I would say that serving with Chairman Engel has truly been a 
highlight of my political and professional career on the Hill. I know 
that wherever he goes next and wherever his lovely wife, Pat, and he go 
next that he will continue to serve our country honorably.
  For his decades of service to this country, for his unwavering 
support for Israel and his long opposition to the Ayatollah in Iran and 
his long list of policy achievements, I believe that I speak for all of 
us here in the Chamber and all of us in the House when I say, ``Thank 
you, sir. Thank you for your service.'' It has been an honor.
  Your legacy of pursuing bipartisanship policy solutions that 
strengthen our country will live on for years to come, and I hope it 
will be a role model for future committees and chairmen

[[Page H6877]]

and ranking members as to how to work together to get good things done 
for the American people because that is what most Americans care about. 
They don't care about our political stripes; they want to know: What 
are you doing for the American people? And we have shown and led by 
example.
  It is going to be hard for me to watch you, Mr. Chairman, leave this 
Chamber. You are my favorite chairman. But there is so much to 
celebrate with your time in Congress and the legacy that you will leave 
behind. So from the bottom of my heart to my dear friend, Chairman 
Engel, and to your wonderful wife Pat, who I have gotten to know over 
the years, who is a beautiful, precious woman, let me just say that 
both of you will truly be missed. We will miss you, but we know you are 
not going to be far away. And we know that you will be there in the 
future. And I look forward to working with you in your future position, 
which we discussed over dinner last Saturday night with Ed Royce, as 
well, your other dear friend, who has my utmost respect.
  I would say this: Sometimes you have respect for a chairman because 
you fear them. We have respect for you because we admire you because 
you are an honest, decent man, and you are a true leader. You lead by 
example, and people want to follow a good man like that. You are a good 
man, Mr. Chairman, and it has been a great experience the time we have 
had together.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time.
  In closing, we can no longer deny the Chinese Communist Party is an 
enemy of democracy and a threat to international security and to 
freedom.
  Nowhere is that more clear than in Hong Kong.
  We cannot turn a blind eye to the CCP's brutal crackdown on freedom 
and democracy there.
  That is why I urge my colleagues to join me in supporting the Hong 
Kong People's Freedom and Choice Act.
  With this legislation, we have the opportunity to assist the freedom-
loving people of Hong Kong and to remind the world the United States of 
America stands with anyone who stands for freedom.
  I thank my friends and colleagues, Congressmen Malinowski and 
Kinzinger and, most importantly, the chairman, Chairman Engel, for 
their hard work on this issue.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ENGEL. Mr. Speaker, I yield myself the balance of my time for the 
purpose of closing.
  I want to first comment on some of the things that my good friend Mr. 
McCaul said. I am touched by his statement. I am touched by the work we 
have done together. It has been a pleasure. And I think that the way we 
work on the Foreign Affairs Committee is the way I think all committees 
should work and Congress should work. I think people are tired of 
fighting and people want to see us work together.
  It has been a pleasure for me to be chairman of the Foreign Affairs 
Committee, and it has been a pleasure for me to work with such good 
people like Mr. McCaul of Texas.
  Saturday night we, as you alluded to, we got together for dinner, 
actually in your house, with Mr. Royce, as well, and we had a very good 
time. Most of the time we talked about work, but many of the other 
times we just talked about our relationships and the general direction 
that we would like to see the United States take in the international 
field.
  It is very difficult to leave a place that you love. I have been 
fortunate to have spent 32 years in this robust body. These have been 
the 32 best years of my life, and something that I will always 
remember. I will remember it because we have done good work for people. 
We have done good work for Americans. We have done good work for people 
around the world. But I will remember it even more because of the good 
friends that I met, friends like Mr. McCaul who work hard, who reach 
out to the other side of the aisle.
  And you know what, when you get together with people on the other 
side of the aisle, you realize that you have so much in common with 
them that perhaps you didn't even realize because the truth of the 
matter is, here in Congress, if somebody is not on your committee and 
they are from the other party, you hardly ever get to see them. You 
hardly ever get to know them. You hardly ever get to be able to work 
with them. I have tried to change that. So has Mr. McCaul. And we have 
succeeded. We really have succeeded.
  I hope that the rest of the Congress in the years to come will see 
what we have done and will try to emulate us and try to do things that 
really push the government and the people of this great country to work 
together on issues because we all want the same thing for this 
wonderful country. We are all pleased to serve this wonderful country. 
And we want to make sure that others will get all of the benefits that 
we have, as well, being able to just be free, support freedom, and work 
together.
  In closing, I want to, again, say to Mr. McCaul that it is a pleasure 
working with you. It has been a pleasure. But we are going to continue 
to do other things together. And I hope that all our colleagues on both 
sides of the aisle will see what we have done on the Foreign Affairs 
Committee and try to do the same thing. People want us to work 
together. We may disagree on issues. That is what this body is for. But 
I don't disagree with anybody's right to say what they want, and I 
don't disagree with people wanting to let everyone know how strongly 
they feel about the issues.
  To Mr. McCaul, my good friend, I hope you will invite me back for 
dinner. It has been a pleasure being your friend. It has been a 
pleasure working with you.
  Again, the Foreign Affairs Committee has just been a wonderful place. 
It was the first committee which I joined when I came to this body 32 
years ago.
  So I tell my friends that I am not going away. I will be around. And, 
hopefully, we can continue all the good things that we have done like 
this bill, the national security law. It is a devastating blow to the 
cause of human rights, democracy, and prosperity in Hong Kong. It is 
the national security law that Beijing has forced Hong Kong to swallow. 
It is a blow to the cause of human rights. We will not countenance it. 
H.R. 8428 opens America's doors to Hong Kongers searching for freedom 
from Beijing's aggression.
  I once again thank Mr. Malinowski for authoring this legislation, 
which not only protects U.S. interests but supports the people of Hong 
Kong whose independence has slowly been stripped away from them.
  Again, let me thank all my colleagues on both sides of the aisle. It 
has been a pleasure working with you. Let me especially thank my 
friend, Mr. McCaul. In working together, we are going to make sure that 
the American people get the kind of government they deserve, get the 
kind of things that they deserve.
  This is a wonderful country, and we are fortunate to be representing 
our home districts in this country. So let me say, God bless America. 
God bless all the people in our country who work every day, who want 
help.
  We are undergoing difficulty right now with the virus in this 
country, but as Americans we will persevere, and we will continue to 
have our role as the leaders of the free world.
  Mr. Speaker, I urge my colleagues to support this important 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Engel) that the House suspend the rules 
and pass the bill, H.R. 8428, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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