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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4229 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4229

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2020

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

_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hong Kong People's 
Freedom and Choice Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Statement of policy.
Sec. 5. Protection for Hong Kong residents in the United States.
Sec. 6. Differential treatment of Hong Kong residents for immigration 
                            purposes.
Sec. 7. Admission for certain highly skilled Hong Kong residents.
Sec. 8. Adjustment to lawful permanent resident status of certain 
                            nationals of the PRC.
Sec. 9. Reporting requirements.
Sec. 10. Strategy for international cooperation on Hong Kong.
Sec. 11. Sunset.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.
            (2) Basic law.--The term ``Basic Law'' means the Basic Law 
        of the Hong Kong Special Administrative Region of the PRC.
            (3) Hong kong.--The term ``Hong Kong'' means the Hong Kong 
        Special Administrative Region.
            (4) NPC.--The term ``NPC'' means the National People's 
        Congress of the PRC.
            (5) PRC.--The term ``PRC'' means the People's Republic of 
        China.
            (6) Priority hong kong resident.--The term ``priority Hong 
        Kong resident'' means--
                    (A) any lawful resident of Hong Kong or lawful 
                permanent residents of Hong Kong who, as of the date of 
                the enactment of this Act--
                            (i) holds no right to citizenship or 
                        residency in any country or jurisdiction other 
                        than in the PRC, Hong Kong, or Macau; and
                            (ii) has continuously resided in Hong Kong 
                        during the 10-year period ending on such date 
                        of enactment; and
                    (B) the immediate family member of any person 
                described in subparagraph (A).
            (7) Sino-british joint declaration.--The term ``Sino-
        British 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, done at Beijing December 19, 1984.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The NPC 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 Sino-British Joint 
                Declaration; 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 individuals who have fled oppression of authoritarian 
        regimes, including citizens from the PRC following the violent 
        June 4, 1989, crackdown in Tiananmen Square, which has deepened 
        ties between the people of the United States and individuals, 
        regardless of nationality, who are 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 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 Nazi Germany, the Soviet Union, Soviet-
        controlled Central Europe, Cuba, Vietnam, and Iran.
            (6) Offering prospective refuge to the people 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 some of its immense wealth and talent to the 
        United States.
            (7) A mid-2020 Brookings report states, ``Chinese officials 
        see the United States' continued ability to attract and retain 
        Chinese talent as a serious impediment to their technological 
        ambitions''.
            (8) A 2009 report published in Issues in Science and 
        Technology states, ``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''.
            (9) A major asymmetric advantage for 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, regardless of their race, ethnicity, or religion, to 
        immigrate to the United States and become United States 
        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; 22 U.S.C. 5701 et seq.), including--
                    (A) the ``strong interest [of the United States] in 
                the continued vitality, prosperity, and stability of 
                Hong Kong'';
                    (B) ``support for democratization is a fundamental 
                principle of United States foreign policy'' that 
                ``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 Sino-British 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--
                    (A) allowing the people of Hong Kong to govern Hong 
                Kong with a high degree of autonomy and without undue 
                interference; and
                    (B) 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) a genuine democratic option to freely and 
                fairly nominate and elect the Chief Executive of Hong 
                Kong; and
                    (B) open and direct democratic elections for all 
                members of the Hong Kong Legislative Council by the end 
                of 2020;
            (6) to support the robust exercise Hong Kong residents of 
        the rights to free speech, the press, and other fundamental 
        freedoms, as provided by the Basic Law, the Sino-British 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 Sino-British Joint Declaration, 
        and the International Covenant on Civil and Political Rights;
            (8) to draw international attention to--
                    (A) 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
                    (B) any encroachment upon the autonomy guaranteed 
                to Hong Kong by the Basic Law and the Sino-British 
                Joint Declaration;
            (9) to protect United States citizens and long-term 
        permanent residents living in Hong Kong and people visiting and 
        transiting through Hong Kong;
            (10) to maintain the economic and cultural ties that 
        provide significant benefits to 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) with respect to new national security legislation in 
        Hong Kong, to review United States immigration, asylum, and 
        residency laws to ensure that residents of Hong Kong who are 
        fleeing persecution and seeking better opportunities will be 
        welcomed in the United States.

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

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) 
is amended by adding at the end the following:
    ``(j) Protection for Hong Kong Residents in the United States.--
            ``(1) Definitions.--In this subsection, the terms `Basic 
        Law' and `NPC' have the meanings given such terms in section 2 
        of the Hong Kong People's Freedom and Choice Act.
            ``(2) Designation.--
                    ``(A) In general.--Hong Kong shall be treated as 
                having been designated under subsection (b)(1)(C), 
                subject to the provisions of this subsection.
                    ``(B) Period of designation.--The initial period of 
                the designation described in subparagraph (A) shall be 
                for the 18-month period beginning on the date on which 
                the Standing Committee of the NPC promulgates national 
                security legislation with respect to Hong Kong that 
                amends Article III of the Basic Law.
            ``(3) Aliens eligible.--As a result of the designation 
        described in paragraph (2), an alien who is a resident of Hong 
        Kong is deemed to satisfy the requirements under subsection 
        (c)(1) (subject to subsection(c)(3)) if the alien--
                    ``(A) has been continuously physically present in 
                the United States since the date of the enactment of 
                the Hong Kong People's Freedom and Choice Act;
                    ``(B) is admissible as an immigrant, except as 
                otherwise provided in subsection (c)(2)(A);
                    ``(C) is not ineligible for temporary protected 
                status under subsection (c)(2)(B); and
                    ``(D) registers for temporary protected status in a 
                manner established by the Secretary of Homeland 
                Security.
            ``(4) Consent to travel abroad.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall give prior consent to travel abroad, in 
                accordance with subsection (f)(3), to an alien who is 
                granted temporary protected status pursuant to the 
                designation described in paragraph (2) 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.
                    ``(B) Treatment upon return.--An alien returning to 
                the United States in accordance with an authorization 
                described in subparagraph (A) shall be treated as any 
                other returning alien provided temporary protected 
                status under this section.
            ``(5) Fee.--
                    ``(A) 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 
                this section 244 by a person who is only eligible for 
                such status by reason of paragraph (2).
                    ``(B) 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 
                subparagraph (A).''.

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

    (a) In General.--During the 5-year period beginning on the date on 
which the President suspends, in whole or in part, special treatment of 
Hong Kong under United States law, Hong Kong will continue--
            (1) to be considered a separate foreign state apart from 
        the PRC in accordance with section 103 of the Immigration Act 
        of 1990 (Public Law 101-649; 8 U.S.C. 1152 note); and
            (2) to be treated as a separate foreign state for purposes 
        of a numerical level established under section 202 of the 
        Immigration and Nationality Act (8 U.S.C. 1152).
    (b) Responsibilities of the Secretary of State.--
            (1) Rulemaking.--In order to facilitate the future 
        verification of Hong Kong residency status of visa applicants 
        from the PRC, the Secretary of State, not later than 1 year 
        after the date of the enactment of this Act, shall issue 
        regulations 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--
                    (A) recording biometric data;
                    (B) officially registering and scanning of birth 
                certificates, residency cards, and other documentation 
                establishing long-term residency; and
                    (C) collecting other personal information, data, 
                and records considered appropriate by the Secretary.
            (2) Guidance.--Not later than 180 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 
        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.
            (3) Briefing requirement.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of State 
        shall provide a briefing to the Committee on Foreign Relations 
        of the Senate, the Committee on the Judiciary of the Senate, 
        the Committee on Foreign Affairs of the House of 
        Representatives, and the Committee on the Judiciary of the 
        House of Representatives describing the plans to implement the 
        requirements described in 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 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, or an agent acting on behalf of the alien--
            (1) 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) clears 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--
                    (A) is a citizen of the PRC;
                    (B) was born in, or has been a resident or 
                permanent resident of, Hong Kong for at least 10 years 
                as of the date of the enactment of this Act; and
                    (C)(i) has received a graduate diploma from an 
                accredited institution;
                    (ii) has completed undergraduate or graduate 
                education in the United States; or
                    (iii) is the sole or majority owner of a company 
                with more than 50 direct employees or greater than 
                $5,000,000 in assets.
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien is the spouse or child of an 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 for any of the 5 fiscal years beginning after 
        the date of the enactment of this Act.
            (2) STEM degree.--In admitting aliens under this section, 
        the Secretary of Homeland Security, in consultation with the 
        Secretary of State, may give priority to aliens who have earned 
        a college degree in science, technology, engineering, or 
        mathematics, including the physical and life sciences, computer 
        science, engineering, technology, and medicine.
            (3) 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 subsection (b) who 
is applying for a special immigrant visa under subsection (a) with 
protection or the immediate removal from the PRC, to the extent 
possible, if the Secretary determines 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 under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (f) Timeline for Processing Applications.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of State and the Secretary of Homeland Security shall 
        ensure that the United States Government takes all necessary 
        actions incidental to the approval of applications submitted 
        under subsection (a), including required screenings and 
        background checks, are completed not later than 2 years after 
        the submission of such applications by an eligible applicant.
            (2) Exception.--Notwithstanding paragraph (1), the relevant 
        Federal agencies may take additional time to process 
        applications submitted under subsection (a) after the 2-year 
        deadline to the extent satisfaction of national security 
        concerns requires such additional time if the Secretary of 
        Homeland Security, or a designee of the Secretary, not later 
        than such deadline--
                    (A) determines that the applicant meets the 
                requirements for status as a special immigrant under 
                this section; and
                    (B) notifies the applicant of such determination.

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

    (a) In General.--Subject to subsection (c)(1), if an alien 
described in subsection (b) applies for adjustment of status under 
section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
during the period described in subsection (e)(2) of such section--
            (1) the alien shall be deemed to have had a petition 
        approved under section 204(a) of such Act (8 U.S.C. 1154(a)) 
        for classification under section 203(b)(3)(A)(i) of such Act (8 
        U.S.C. 1153(b)(3)(A)(i));
            (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) subsections (a)(5), (a)(7)(A), and (e) of 
                section 212 of such Act (8 U.S.C. 1182) shall not 
                apply; and
                    (B) the Attorney General may waive any other 
                provision of section 212(a) of such Act (other than 
                paragraphs (2)(C), (3)(A), (3)(C), and (3)(E) of such 
                section) with respect to such adjustment for 
                humanitarian purposes, to ensure family unity, or if 
                otherwise in the public interest;
            (4) the numerical limitation under section 202(a)(2) of 
        such Act (8 U.S.C. 1152(a)(2)) shall not apply; and
            (5) section 245(c) of such Act (8 U.S.C. 1255(c)) shall not 
        apply.
    (b) Aliens Covered.--An alien is described in this subsection if 
the alien--
            (1) faces a fear of persecution on account of his or her 
        political opinion by the Government of the PRC or Hong Kong 
        authorities;
            (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 after the date of the enactment of this Act; and
            (4) was not physically present in the PRC for longer than 
        90 days after the date he or she established 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 
        determines and certifies to Congress, before the first day of 
        the period referred to in subsection (a), that conditions in 
        the PRC permit aliens described in subsection (b) to return to 
        such the PRC in safety.
            (2) Dissemination of information.--If the President does 
        not made the certification described in paragraph (1) before 
        the first day of the period referred to in subsection (a), the 
        Secretary of Homeland Security, subject to the availability of 
        appropriations, shall--
                    (A) immediately broadly disseminate information 
                respecting the benefits available under this section to 
                aliens described in subsection (b); and
                    (B) to the extent practicable, provide notice of 
                such 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 section 201, 202, or 203 of the Immigration 
and Nationality Act (8 U.S.C. 1151, 1152, and 1153).

SEC. 9. REPORTING REQUIREMENTS.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Homeland Security and other Federal agencies, as 
appropriate, shall submit an annual report to the appropriate 
congressional committees that identifies--
            (1) the number of Hong Kong residents who have applied for 
        admittance, have been admitted, and have 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, disaggregated 
        by the basis for denial and by visa type or residency status 
        during the previous fiscal year;
            (3) the number of Hong Kong residents that have applied for 
        political asylum during the preceding fiscal year, including 
        the number of rejections, disaggregated by the basis for 
        denial; and
            (4) other matters deemed relevant by the Secretary 
        regarding 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 if the PRC enacts legislation 
        that renders certain Hong Kong residents at risk of persecution 
        due to their political beliefs; and
            (2) to encourage like-minded nations to make similar 
        accommodations for the people of Hong Kong 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, to carry out 
cooperative efforts--
            (1) to 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) to enhance protocols to facilitate the relocation of 
        refugees and displaced persons from Hong Kong; and
            (3) to expedite information sharing, as appropriate, 
        related to individual visa or travel document rejections of 
        applicants from Hong Kong resulting from--
                    (A) national security concerns;
                    (B) fraudulent or corrupt practices related to 
                immigration or victim protection, including refugee and 
                asylee protections; or
                    (C) fraud and corruption.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State, or his or her designee, shall 
submit a report containing the plan described in subsection (b) to the 
appropriate congressional committees.

SEC. 11. SUNSET.

    This Act shall be effective during the 5-year period beginning on 
the date of the enactment of this Act.
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