[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[Senate]
[Pages S7739-S7740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4240. Mr. MENENDEZ (for himself, Mr. Rubio, Mr. Merkley, and Mr. 
Coons) submitted an amendment intended to be proposed to amendment SA 
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 
4350, to authorize appropriations for fiscal year 2022 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, add the following:

     SEC. 1253. SAFE HARBOR FOR HONG KONG REFUGEES.

       (a) Designation of Certain Residents of Hong Kong as 
     Priority 2 Refugees.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall designate, as 
     Priority 2 refugees of special humanitarian concern, the 
     following categories of aliens:
       (A) Individuals who are residents of the Hong Kong Special 
     Administrative Region who suffered persecution, or have a 
     well-founded fear of persecution, on account of their 
     peaceful expression of political opinions or peaceful 
     participation in political activities or associations.
       (B) Individuals who have been formally charged, detained, 
     or convicted on account of their peaceful actions as 
     described in section 206(b)(2) of the United States-Hong Kong 
     Policy Act of 1992 (22 U.S.C. 5726).
       (C) The spouses, children, and parents (as such terms are 
     defined in subsections (a) and (b) of section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)) of 
     individuals described in subparagraph (A) or (B), except such 
     parents who are citizens of a country other than the People's 
     Republic of China.
       (2) Processing of hong kong refugees.--The processing of 
     individuals described in paragraph (1) for classification as 
     refugees may occur in Hong Kong or in a third country.
       (3) Eligibility for admission as refugees.--An alien may 
     not be denied the opportunity to apply for admission as a 
     refugee under this subsection primarily because such alien--
       (A) qualifies as an immediate relative of a citizen of the 
     United States; or
       (B) is eligible for admission to the United States under 
     any other immigrant classification.
       (4) Facilitation of admissions.--An applicant for admission 
     to the United States from the Hong Kong Special 
     Administrative Region may not be denied primarily on the 
     basis of a politically motivated arrest, detention, or other 
     adverse government action taken against such applicant as a 
     result of the participation by such applicant in protest 
     activities.
       (5) Exclusion from numerical limitations.--Aliens provided 
     refugee status under this subsection 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).
       (6) Reporting requirements.--
       (A) In general.--Not later than 180 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 regarding the matters described in 
     subparagraph (B) to--
       (i) the Committee on the Judiciary and the Committee on 
     Foreign Relations of the Senate; and
       (ii) the Committee on the Judiciary and the Committee on 
     Foreign Affairs of the House of Representatives.
       (B) Matters to be included.--Each report required under 
     subparagraph (A) shall include--
       (i) the total number of applications that are pending at 
     the end of the reporting period;
       (ii) the average wait-times for all applicants who are 
     currently pending--

       (I) employment verification;
       (II) a prescreening interview with a resettlement support 
     center;
       (III) an interview with U.S. Citizenship and Immigration 
     Services; or
       (IV) the completion of security checks; and

       (iii) the number of denials of applications for refugee 
     status, disaggregated by the reason for each such denial.
       (C) Form.--Each report required under subparagraph (A) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (D) Public reports.--The Secretary of State shall make each 
     report submitted under this paragraph available to the public 
     on the internet website of the Department of State.
       (7) Satisfaction of other requirements.--Aliens granted 
     status under this subsection as Priority 2 refugees of 
     special humanitarian concern under the refugee resettlement 
     priority system shall be considered to satisfy the 
     requirements under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) for admission to the United 
     States.
       (b) Waiver of Immigrant Status Presumption.--
       (1) In general.--The presumption under the first sentence 
     of section 214(b) of the Immigration and Nationality Act (8 
     U.S.C. 1184(b)) that every alien is an immigrant until the 
     alien establishes that the alien is entitled to nonimmigrant 
     status shall not apply to an alien described in paragraph 
     (2).
       (2) Alien described.--
       (A) In general.--An alien described in this paragraph is an 
     alien who--
       (i) is a resident of the Hong Kong Special Administrative 
     Region on February 8, 2021;
       (ii) is seeking entry to the United States to apply for 
     asylum under section 208 of the Immigration and Nationality 
     Act (8 U.S.C. 1158); and
       (iii)(I) had a leadership role in civil society 
     organizations supportive of the protests in 2019 and 2020 
     relating to the Hong Kong extradition bill and the 
     encroachment on the autonomy of Hong Kong by the People's 
     Republic of China;
       (II) had an organizing role for such protests;
       (III) acted as a first aid responder for such protests;
       (IV) suffered harm while covering such protests as a 
     journalist;
       (V) provided paid or pro-bono legal services to 1 or more 
     individuals arrested for participating in such protests; or
       (VI) during the period beginning on June 9, 2019, and 
     ending on February 8, 2021, was formally charged, detained, 
     or convicted for his or her participation in such protests.
       (B) Exclusion.--An alien described in this paragraph does 
     not include any alien who is a citizen of a country other 
     than the People's Republic of China.
       (c) Refugee and Asylum Determinations Under the Immigration 
     and Nationality Act.--
       (1) Persecution on account of political opinion.--
       (A) In general.--For purposes of refugee determinations 
     under section 207 of the Immigration and Nationality Act (8 
     U.S.C. 1157), an individual whose citizenship, nationality, 
     or residency is 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 
     such Act (8 U.S.C. 1101(a))) shall be considered to have 
     suffered persecution on account of political opinion.
       (B) Nationals of the people's republic of china.--For 
     purposes of refugee determinations under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), a national 
     of the People's Republic of China whose residency in the Hong 
     Kong Special Administrative Region, or any other area within 
     the jurisdiction of the People's Republic of China, as 
     determined by the Secretary of State, is 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 shall be 
     considered to have suffered persecution on account of 
     political opinion.
       (2) Changed circumstances.--For purposes of asylum 
     determinations under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158), the revocation of the 
     citizenship, nationality, or residency of an individual 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 shall be 
     considered to be a changed circumstance under subsection 
     (a)(2)(D) of such section.
       (d) 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 under this Act for residents of the

[[Page S7740]]

     Hong Kong Special Administrative Region who are fleeing 
     oppression by the Government of the People's Republic of 
     China.
       (e) Termination.--This section shall cease to have effect 
     on the date that is 5 years after the date of the enactment 
     of this Act.
                                 ______