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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5454 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5454

  To update the United States policy towards Hong Kong, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2024

  Mr. Cardin introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
  To update the United States policy towards Hong Kong, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hong Kong Policy Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alien.--The term ``alien'' has the meaning given that 
        term in section 101(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (3) Article 23.--The term ``Article 23'' means Article 23 
        of the Basic Law.
            (4) Basic law.--The term ``Basic Law'' means the Basic Law 
        of the Hong Kong Special Administrative Region of the People's 
        Republic of China.
            (5) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (6) Hong kong sar.--The term ``Hong Kong SAR'' means the 
        Hong Kong Special Administrative Region of the People's 
        Republic of China.
            (7) Hong kong economic and trade offices.--The term ``Hong 
        Kong Economic and Trade Offices'' has the meaning given that 
        term in section 1(c) of the Act entitled ``An Act to extend 
        certain privileges, exemptions, and immunities to Hong Kong 
        Economic and Trade Offices'', approved June 27, 1997 (22 U.S.C. 
        288k).
            (8) 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, done at Beijing December 19, 1984.
            (9) 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, signed on June 30, 2020.
            (10) Safeguarding national security ordinance.--The term 
        ``Safeguarding National Security Ordinance'' means the 
        ordinance that implemented Article 23 that was passed by the 
        Legislative Council of the Hong Kong Special Administrative 
        Region on March 19, 2024.
            (11) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 3. FINDINGS.

    Section 101 of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5711) is amended to read as follows:

``SEC. 101. FINDINGS.

    ``Congress finds the following:
            ``(1) The passage and implementation of this Act in 1992 
        reflected an expectation that the People's Republic of China 
        would faithfully adhere to the conditions set forth between the 
        Governments of the United Kingdom and the People's Republic of 
        China in the Joint Declaration, which declared that Hong Kong 
        would enjoy `a high degree of autonomy' under the principle of 
        `one country, two systems' of the People's Republic of China, 
        for 50 years after the transfer of Hong Kong from the United 
        Kingdom to the People's Republic of China in 1997.
            ``(2) The Government of the People's Republic of China, in 
        the lead-up to the 1997 transfer of Hong Kong from the United 
        Kingdom to the People's Republic of China, did not consult Hong 
        Kongers on the conditions for the transfer of sovereignty, did 
        not provide Hong Kongers the ability to decide the future of 
        Hong Kong, and continues to deny Hong Kongers the free exercise 
        of human rights as protected under international law.
            ``(3) Article 1 of the International Covenant on Civil and 
        Political Rights and Article 1 of the International Covenant on 
        Economic, Social and Cultural Rights provide, and Article 2 of 
        the Declaration on the Granting of Independence to Colonial 
        Countries and Peoples states, that `all peoples have the right 
        of self-determination. By virtue of that right they freely 
        determine their political status and freely pursue their 
        economic, social and cultural development'.
            ``(4) Despite the rights and freedoms for Hong Kong 
        delineated in the Joint Declaration and in the Basic Law, the 
        Government of the People's Republic of China has repeatedly 
        undermined the autonomy of the Government of Hong Kong since 
        the transfer of Hong Kong in 1997, including through actions 
        that have resulted in widespread political protests in Hong 
        Kong.
            ``(5) On June 30, 2020, the Standing Committee of the 
        National People's Congress of the People's Republic of China 
        enacted the National Security Law, which provided a legal 
        pretext to drastically reduce the autonomy of Hong Kong and led 
        to widespread repression by Hong Kong authorities.
            ``(6) The National Security Law has eroded the rights and 
        freedoms promised to the people in Hong Kong under the Joint 
        Declaration and the Basic Law, including freedoms of speech, 
        assembly, and the press.
            ``(7) Since the passage of the National Security Law--
                    ``(A) hundreds of pro-democracy activists, 
                lawmakers, and journalists have been arrested;
                    ``(B) civil society organizations have been 
                disbanded;
                    ``(C) independent media outlets have closed; and
                    ``(D) academic freedoms and an independent 
                judiciary in Hong Kong have been eroded.
            ``(8) Forty-seven individuals (commonly known as the `Hong 
        Kong 47'), including Joshua Wong and Gwyneth Ho, are facing 
        politically motivated charges of `conspiracy to commit 
        subversion' after holding an unofficial primary election in 
        2020, less than 2 weeks after the National Security Law came 
        into effect, and 14 of these individuals were found guilty on 
        May 30, 2024, in a judicial proceeding that lacked 
        independence, and now face prison terms ranging from 3 years to 
        life.
            ``(9) Jimmy Lai, a 76-year old Hong Kong pro-democracy 
        advocate and media entrepreneur, has been subjected to multiple 
        prosecutions for his peaceful activities, has spent 
        approximately 4 years in prison, has been sentenced to more 
        than 5 years of imprisonment under politically motivated fraud 
        charges, and is awaiting a verdict on additional charges of 
        `collusion with foreign forces' and `sedition', which could 
        carry a sentence of life in prison.
            ``(10) The Government of the People's Republic of China and 
        the Government of Hong Kong are--
                    ``(A) using the National Security Law to pursue 
                acts of transnational repression against members of 
                Hong Kong diaspora communities outside of Hong Kong; 
                and
                    ``(B) harassing, threatening, and placing 
                extraterritorial bounties on Hong Kong and non-Hong 
                Kong residents, including a United States citizen, for 
                their courageous advocacy for the rights and freedoms 
                of people in Hong Kong.
            ``(11) On March 19, 2024, despite widespread opposition 
        from the international community, civil society, and other 
        stakeholders in Hong Kong, and after a limited period of 
        `public consultation' for the legislation, the Legislative 
        Council of the Hong Kong Special Administrative Region passed 
        legislation to implement Article 23, the Safeguarding National 
        Security Ordinance, which grants authorities in Hong Kong 
        additional powers to further curtail civil rights and freedoms, 
        establishes severe penalties, including life imprisonment, for 
        vaguely defined offenses, and creates risks for Hong Kong 
        residents who interact with foreigners.
            ``(12) The Safeguarding National Security Ordinance--
                    ``(A) includes other offenses such as `external 
                interference' and `state secrets', which could create 
                risks for multinational companies and international 
                groups operating in Hong Kong;
                    ``(B) in combination with the ongoing 
                implementation of the National Security Law, likely 
                will have a further chilling effect on a wide range of 
                individuals and organizations in Hong Kong, including 
                civil society representatives, independent journalists, 
                pro-democracy lawmakers, entrepreneurs, businesses, and 
                others; and
                    ``(C) has already been applied by Hong Kong 
                authorities to target Hong Kongers for peacefully 
                expressing their views, including Chow Hang-tung, who 
                was arrested on May 28, 2024, for alleged seditious 
                social media posts related to the commemoration of the 
                Tiananmen Square massacre.
            ``(13) Annually since 2020, the Secretary of State has 
        certified that Hong Kong does not warrant treatment under 
        United States law in the same manner as United States laws were 
        applied to Hong Kong before July 1, 1997.
            ``(14) Despite the commitments made by the People's 
        Republic of China in the Joint Declaration, the People's 
        Republic of China has declared that the `legal basis for the 
        Chinese government's governance of Hong Kong is China's 
        constitution and the Basic Law of the Hong Kong Special 
        Administrative Region, not the Sino-British Joint Declaration'.
            ``(15) The People's Republic of China and the Government of 
        Hong Kong continue to insist that they are implementing the 
        `one country, two systems' framework and the Basic Law.
            ``(16) During a June 2017 press conference, a spokesperson 
        for the Ministry of Foreign Affairs of the People's Republic of 
        China referred to the Joint Declaration as a `historical 
        document that no longer has any realistic meaning'.
            ``(17) During a February 2024 press briefing, in response 
        to criticism from the United Kingdom regarding the undermining 
        of the autonomy of Hong Kong by the People's Republic of China, 
        a spokesperson for the Ministry of Foreign Affairs of the 
        People's Republic of China stated that the Joint Declaration 
        `by no means put the UK in a position or gave it any right to 
        interfere in Hong Kong affairs. Second, one of the principles 
        that guide the legislation on Article 23 of the Basic Law is to 
        respect and protect human rights'.''.

SEC. 4. SENSE OF CONGRESS.

    Section 102 of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5712) is amended to read as follows:

``SEC. 102. SENSE OF CONGRESS.

    ``It is the sense of Congress that--
            ``(1) this Act, which has faithfully guided United States 
        policy toward Hong Kong for more than 3 decades, was originally 
        predicated on the Government of the People's Republic of China 
        upholding its commitments with respect to Hong Kong, such that 
        the Government of Hong Kong--
                    ``(A) maintained sufficient autonomy from the 
                Government of the People's Republic of China in 
                managing affairs within Hong Kong; and
                    ``(B) safeguarded the democratic rights, culture, 
                and unique way of life of the people of Hong Kong, 
                including through adherence to the rule of law and the 
                maintenance of a credible, independent judicial system;
            ``(2) the commitments made under the Joint Declaration, and 
        by extension `one country, two systems' and the Basic Law, have 
        been abrogated by the Government of the People's Republic of 
        China to the point that such commitments are no longer 
        advancing autonomy, democratic institutions, or the protection 
        of human rights for the people in Hong Kong;
            ``(3) United States policy towards Hong Kong should be 
        updated with a new policy framework that protects United States 
        national security interests and is centered on the people in 
        Hong Kong, including their aspirations, their human rights and 
        well-being, and their desire for autonomy and a democratic 
        system of government in Hong Kong;
            ``(4) with the undermining of the autonomy of Hong Kong, 
        and widespread repression and violations of the human rights of 
        Hong Kongers, the Government of the People's Republic of China 
        has demonstrated that it will blatantly violate or misconstrue 
        its own constitution and laws, and international law, to 
        justify its human rights abuses and `rule by law' approach and 
        seek to exercise absolute control over the population of Hong 
        Kong, as it does within mainland China;
            ``(5) the United States and the international community 
        should develop policies towards Hong Kong that offer unwavering 
        support for people in Hong Kong, including support for the 
        human rights of Hong Kongers and the autonomy of Hong Kong;
            ``(6) United States policy toward Hong Kong should include 
        support to prisoners of conscience, activists fighting for 
        freedom and democracy in Hong Kong, Hong Kong residents wishing 
        to emigrate from the repressive environment in Hong Kong, and 
        Hong Kong diaspora communities;
            ``(7) United States policy toward Hong Kong should 
        recognize that the actions of the People's Republic of China in 
        Hong Kong are emblematic of the larger efforts of the People's 
        Republic of China to reshape international institutions and 
        norms, especially institutions and norms related to human 
        rights, and to advance a new global order that has at its 
        foundation the authoritarian model of `non-interference' of the 
        People's Republic of China, which authoritarian states use to 
        justify violating the human rights of their citizens and, when 
        advantageous for the strategic interests of the state, the 
        citizens of other states, with impunity; and
            ``(8) the United States should intensify efforts to 
        collaborate with partners and allies to highlight the 
        violations of the human rights of Hong Kongers and the autonomy 
        of Hong Kong by the Governments of the People's Republic of 
        China and Hong Kong, and empower the voices of Hong Kongers 
        seeking to advance their fundamental freedoms and aspirations, 
        democratic institutions in Hong Kong, and the ability of Hong 
        Kongers to have a say in the Government of Hong Kong.''.

SEC. 5. STATEMENT OF POLICY.

    (a) In General.--Section 103 of the United States-Hong Kong Policy 
Act of 1992 (22 U.S.C. 5713) is amended to read as follows:

``SEC. 103. STATEMENT OF POLICY.

    ``It is the policy of the United States--
            ``(1) that Hong Kong should no longer be afforded special 
        privileges separate from the People's Republic of China under 
        United States law;
            ``(2) that the people of Hong Kong should have the ability 
        to nominate and elect the leaders of their choice and should be 
        empowered to advance the human rights and democratic ambitions 
        of Hong Kongers;
            ``(3) to encourage the immediate and unconditional release 
        of the Hong Kong 47, Jimmy Lai, Chow Hang-tung, and all other 
        prisoners of conscience in Hong Kong;
            ``(4) to promote accountability using all available 
        diplomatic and economic tools, including sanctions, for human 
        rights violations by the Government of the People's Republic of 
        China against people in Hong Kong;
            ``(5) to work with United States partners and allies to 
        apply multilateral pressure on the People's Republic of China 
        to protect the human rights of people in Hong Kong and the 
        autonomy of Hong Kong, and to ensure the ability of Hong 
        Kongers to have a say in the Government of Hong Kong;
            ``(6) to support people in Hong Kong and Hong Kong diaspora 
        communities with initiatives that promote human rights and 
        democracy in Hong Kong and by providing humanitarian relief for 
        Hong Kongers fleeing repression; and
            ``(7) to provide timely, accurate, and easily accessible 
        guidance regarding the risks to United States citizens, 
        businesses, and other organizations working or operating in 
        Hong Kong.''.
    (b) Repeal.--Sections 104 and 105 of the United States-Hong Kong 
Policy Act of 1992 (22 U.S.C. 5714 and 5715) are repealed.

SEC. 6. APPLICATION OF UNITED STATES LAW TO HONG KONG.

    (a) In General.--The United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5701 et seq.) is amended--
            (1) in section 201 (22 U.S.C. 5721)--
                    (A) by striking the section heading and inserting 
                the following: ``application of united states law to 
                hong kong''; and
                    (B) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--The laws of the United States shall apply with 
respect to Hong Kong in the same manner as the laws of the United 
States are applied to the People's Republic of China, including with 
respect to the following statutes:
            ``(1) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
            ``(2) section 721(m) of the Defense Production Act of 1950, 
        as amended (50 U.S.C. 4565(m));
            ``(3) the Export Control Reform Act of 2018 (50 U.S.C. 4801 
        et seq.); and
            ``(4) section 1304 of title 19, United States Code.''; and
            (2) in section 202 (22 U.S.C. 5722)--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Differential Treatment.--Notwithstanding section 201, the 
President may, on a case-by-case basis and after submitting to the 
appropriate congressional committees a certification that such action 
is in the national security interest of the United States, extend 
differential treatment to Hong Kong than that which is given to the 
People's Republic of China under the laws of the United States''; and
                    (B) by striking subsections (c) and (d).
    (b) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date that is 270 days after the date 
of the enactment of this Act.

SEC. 7. SUPPORTING HUMAN RIGHTS AND CIVILIAN SECURITY IN HONG KONG.

    (a) In General.--The United States Government shall, to the maximum 
extent possible, leverage all existing and appropriate authorities to 
continue to support democracy, human rights, and civilian security in 
Hong Kong.
    (b) Continuation of Programs.--
            (1) In general.--The Secretary of State, in coordination 
        with the United States Agency for International Development and 
        other Federal agencies, as appropriate, shall continue to carry 
        out programs, including through nongovernmental organizations, 
        that prioritize the protection and advancement of the freedoms 
        of association, assembly, religion, and expression for 
        democracy and human rights activists, women, and ethnic and 
        religious minorities in Hong Kong.
            (2) Security programs.--The Secretary of State, in 
        coordination with other Federal agencies as appropriate, shall 
        carry out programs focused on civilian security in Hong Kong, 
        including through law enforcement and counter-narcotics 
        collaboration with relevant Hong Kong government and civil 
        society representatives.
    (c) Consultation Requirement.--In carrying out this section, the 
Secretary of State shall consult with the appropriate congressional 
committees.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary of State for the promotion of democracy, human 
        rights, and civilian security in Hong Kong $5,000,000 for each 
        of fiscal years 2026 through 2030 to carry out this section.
            (2) Administration.--The Secretary of State shall designate 
        an office or offices within the Department of State to 
        administer and coordinate the distribution of the funds 
        appropriated under paragraph (1) within the Department of State 
        and across the United States Government.

SEC. 8. SUPPORTING INTERNET FREEDOM IN HONG KONG.

    (a) Hong Kong Internet Freedom Program.--
            (1) Department of state.--The Secretary of State shall 
        establish within the Bureau of Democracy, Human Rights, and 
        Labor a program to be known as the ``Hong Kong Internet Freedom 
        Program''.
            (2) Grants authorized.--The Secretary of State, working 
        through the Hong Kong Internet Freedom Program, is authorized 
        to award grants to private organizations to support and develop 
        programs in Hong Kong that promote or expand--
                    (A) online information access;
                    (B) freedom of the press;
                    (C) disruptive technologies that bypass internet 
                blocking, filtering, and other censorship techniques;
                    (D) virtual private networks;
                    (E) firewall circumvention tools;
                    (F) distributed denial of service mitigation 
                techniques;
                    (G) digital security capacity building for internet 
                users; or
                    (H) digital resiliency for international 
                organizations, pro-democracy activists, and other civil 
                society actors in Hong Kong, including emergency 
                support.
            (3) Security audits.--Any new technologies developed using 
        grants authorized under this subsection shall undergo 
        comprehensive security audits to ensure that such technologies 
        are secure and have not been compromised in a manner 
        detrimental to the interests of the United States or to 
        individuals or organizations benefitting from programs 
        supported by the Bureau of Democracy, Human Rights, and Labor 
        or the Open Technology Fund.
    (b) Independence.--During the period beginning on the effective 
date of this Act and ending on September 30, 2030, the program 
established pursuant to subsection (a) shall be carried out 
independently from the internet freedom portfolios relating to mainland 
China in order to focus on internet freedom in Hong Kong.
    (c) Consolidation of Department of State Program.--Beginning on 
October 1, 2030, the Secretary of State may--
            (1) consolidate the Hong Kong Internet Freedom Program with 
        the initiatives relating to mainland China in the Bureau of 
        Democracy, Human Rights, and Labor; or
            (2) continue to carry out the Hong Kong Internet Freedom 
        Program in accordance with subsection (b).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office of Internet Freedom Programs of the Bureau 
of Democracy, Human Rights, and Labor of the Department of State 
$5,000,000 for each of fiscal years 2026 through 2030 to carry out this 
section.

SEC. 9. REPORT ON REQUESTS FROM THE GOVERNMENT OF HONG KONG TO UNITED 
              STATES ENTITIES FOR CONTENT TAKEDOWNS OR LAW ENFORCEMENT 
              ASSISTANCE.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Secretary of 
Commerce, in consultation with the heads of other appropriate Federal 
departments and agencies, shall submit to the appropriate congressional 
committees and make available to the public a report on requests issued 
by the Government of Hong Kong to United States entities operating in 
Hong Kong for content takedowns or law enforcement assistance.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall, with respect to the 1-year period preceding the date of 
submission of the report, include the following:
            (1) The number of requests issued by the Government of Hong 
        Kong to United States entities operating in Hong Kong for 
        content takedowns or law enforcement assistance that were 
        fulfilled and by which United States entities.
            (2) An identification of the Hong Kong laws under which 
        such requests were issued.
    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified index.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation, the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, the 
                Committee on Finance, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Energy and Commerce, the 
                Committee on Foreign Affairs, the Committee on 
                Financial Services, the Committee on Ways and Means, 
                and the Permanent Select Committee on Intelligence of 
                the House of Representatives.
            (2) Content takedown.--The term ``content takedown'' means 
        the removal of, disabling of access to, or restriction of 
        access to any material, including--
                    (A) material on a website or online service;
                    (B) a software application; and
                    (C) any feature of a software application.
            (3) United states entity.--The term ``United States 
        entity'' means a corporation, non-governmental organization, 
        media organization, or other similar entity that is organized 
        under the laws of the United States or any jurisdiction within 
        the United States.

SEC. 10. STRATEGY FOR UNITED STATES ENGAGEMENT WITH HONG KONG.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall develop and submit to the 
appropriate congressional committees an interagency strategy for United 
States policy towards Hong Kong, which may include a classified annex.
    (b) Elements.--The strategy required by subsection (a) shall 
include the following elements:
            (1) An interagency assessment of existing United States 
        laws, regulations, formal and informal government policies, and 
        procedures towards Hong Kong that can be reasonably anticipated 
        to be impacted by any amendment to the United States-Hong Kong 
        Policy Act of 1992 (22 U.S.C. 5701 et seq.) made under this 
        Act.
            (2) A strategy to mitigate negative impacts on--
                    (A) United States-Hong Kong bilateral trade;
                    (B) the international financial system;
                    (C) immigration and the treatment of visa 
                applicants from Hong Kong; and
                    (D) academic and cultural exchanges for citizens of 
                Hong Kong.
            (3) An interagency plan to carry out the requirements in 
        subsections (a) and (b) of section 7, including--
                    (A) to support freedom from arbitrary or unlawful 
                arrest, detention, or imprisonment for all Hong Kong 
                residents;
                    (B) to support the robust exercise by residents of 
                Hong Kong of the rights to free speech, the press, and 
                other fundamental freedoms; and
                    (C) coordination with allies, including the United 
                Kingdom, Australia, Canada, Japan, and the Republic of 
                Korea, to promote democracy and human rights in Hong 
                Kong.
    (c) Consultation Requirement.--In developing the strategy required 
by this section, the President shall consult with the appropriate 
congressional committees.

SEC. 11. SEPARATE PART OF COUNTRY REPORTS.

    Whenever a report is transmitted to Congress on a country-by-
country basis, there shall be included in such report, where 
applicable, a separate section on Hong Kong under the heading of the 
state that exercises sovereignty over Hong Kong. The reports to which 
this section applies include the reports transmitted under--
            (1) sections 116(d) and 502B(b) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), relating to human 
        rights; and
            (2) section 181 of the Trade Act of 1974 (19 U.S.C. 2241), 
        relating to trade barriers.

SEC. 12. SECRETARY OF STATE CERTIFICATION REPORT REGARDING THE STATUS 
              OF HONG KONG.

    Section 205 of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5725) is amended to read as follows:

``SEC. 205. SECRETARY OF STATE REPORT REGARDING THE STATUS OF HONG 
              KONG.

    ``(a) Report.--
            ``(1) In general.--The Secretary of State, not later than 
        one year after the effective date of section 12 of the Hong 
        Kong Policy Act of 2024 and annually thereafter, in 
        consultation with the Secretary of the Treasury, the Secretary 
        of Commerce, and the heads of such other Federal agencies as 
        the Secretary of State considers appropriate, shall submit to 
        the appropriate congressional committees a report that 
        addresses the status of--
                    ``(A) sanctions and export control violations 
                within the Hong Kong SAR;
                    ``(B) official and unofficial United States-Hong 
                Kong cultural, education, scientific, and academic 
                exchanges;
                    ``(C) human rights in Hong Kong, including freedom 
                of assembly, freedom of speech, freedom of expression, 
                freedom of the press, including the internet, and other 
                rights enumerated in the Universal Declaration of Human 
                Rights, done at Paris December 10, 1948, and the 
                International Covenant on Civil and Political Rights, 
                done at New York December 19, 1966;
                    ``(D) judicial and prosecutorial independence;
                    ``(E) police and security functions, including the 
                role of security agencies from mainland China and the 
                extent of coordination between the Hong Kong Police and 
                security agencies from mainland China;
                    ``(F) the implementation of the National Security 
                Law and Article 23 of the Basic Law, and any other laws 
                or regulations regarding treason, secession, sedition, 
                collusion with `foreign forces', theft of state 
                secrets, or subversion against the People's Republic of 
                China;
                    ``(G) laws or regulations regarding foreign non-
                governmental, civil society, or media organizations;
                    ``(H) Hong Kong's participation in multilateral 
                forums and bodies; and
                    ``(I) specific actions taken by the United States 
                Government within the reporting year in relation to--
                            ``(i) the People's Republic of China and 
                        Hong Kong government's human rights abuses in 
                        Hong Kong and transnational repression against 
                        Hong Kongers globally;
                            ``(ii) support and advocacy on behalf of 
                        political prisoners in Hong Kong;
                            ``(iii) humanitarian and other support, 
                        including immigration pathways, for Hong 
                        Kongers fleeing repression in Hong Kong or 
                        otherwise emigrating from Hong Kong;
                            ``(iv) sanctions and export control 
                        violations within the Hong Kong SAR; and
                            ``(v) any failure to fulfill obligations to 
                        the United States under international 
                        agreements identified in this report.
            ``(2) Justification and recommendation required.--If the 
        Secretary of State determines that Hong Kong has regained 
        sufficient autonomy to warrant consideration for treatment 
        under United States law distinct from that applied to mainland 
        China, then the report required by paragraph (1) shall 
        include--
                    ``(A) a detailed justification for such 
                determination; and
                    ``(B) a recommendation to Congress to reconsider 
                the treatment of Hong Kong under United States law, 
                including a recommendation regarding reinstatement of 
                some or all of the differential treatment or status 
                that had been afforded to Hong Kong under this Act (as 
                in effect on the day before the date of the enactment 
                of the Hong Kong Policy Act of 2024).''.

SEC. 13. REPORTING ON RISKS TO UNITED STATES CITIZENS AND BUSINESSES IN 
              HONG KONG.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should update the travel advisory applicable to Hong 
Kong, within the China travel advisory of the Department of State, not 
less than every 24 months.
    (b) Business Advisory.--
            (1) In general.--Not later than 180 days after the 
        effective date of this Act, the Secretary of State shall issue 
        an updated Hong Kong Business Advisory assessing the risks 
        faced by United States businesses in Hong Kong given the 
        ongoing implementation of the National Security Law and the 
        Safeguarding National Security Ordinance.
            (2) Exception.--Paragraph (1) shall not apply if the 
        Secretary of State determines that business conditions in Hong 
        Kong did not warrant an update to the Hong Kong Business 
        Advisory and provides a certification of such determination to 
        the appropriate congressional committees.

SEC. 14. EXTENSION OF AUTHORITIES TO IMPOSE SANCTIONS UNDER THE HONG 
              KONG HUMAN RIGHTS AND DEMOCRACY ACT.

    Section 7(h) of the Hong Kong Human Rights and Democracy Act of 
2019 (22 U.S.C. 5701 note) is amended by striking ``5 years'' and 
inserting ``10 years''.

SEC. 15. TREATMENT OF HONG KONG APPLICATIONS FOR VISAS TO STUDY OR WORK 
              IN THE UNITED STATES.

    Section 206 of the United States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5725) is amended--
            (1) by striking subsections (a) and (c);
            (2) by redesignating subsection (b) as subsection (d);
            (3) by inserting before subsection (d), as so redesignated, 
        the following:
    ``(a) In General.--The laws of the United States pertaining to the 
issuance of visas, immigration, and application for entry to the United 
States shall continue to apply to Hong Kong, and to natives and 
residents of Hong Kong, in the same manner as such laws were applied to 
Hong Kong, and to natives and residents of Hong Kong, prior to the date 
of the enactment of the Hong Kong Policy Act of 2024.
    ``(b) Consistency With Immigration and Nationality Act.--Hong Kong 
residents shall be treated as a separate foreign state from the 
People's Republic of China for the purposes of visas to visit or reside 
permanently in the United States, so long as such treatment is 
consistent with the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).
    ``(c) Visa Eligibility for Certain Hong Kong Students.--
Notwithstanding any other provision of law--
            ``(1) applications for visas to enter, study, or work in 
        the United States, which are submitted by otherwise qualified 
        applicants who resided in Hong Kong in 2014 and later, may not 
        be denied primarily on the basis of the applicant's subjection 
        to politically motivated arrest, detention, or other adverse 
        government action; and
            ``(2) an applicant's prior subjection to politically 
        motivated arrest, detention, or other adverse government action 
        may not be considered as a primary factor in evaluating the 
        applicant's immigrant intent.''; and
            (4) in subsection (d)(2), as so redesignated, by inserting 
        ``irrespective of whether any such individual was charged, 
        detained, or convicted for a national security offense or under 
        a non-national security offense for which there are reasonable 
        grounds to believe the non-national security offense was used 
        as a pretext for politically motivated action,'' after 
        ``December 19, 1966,''.

SEC. 16. 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 has been designated under subsection 
        (b)(1)(C) of that section, subject to the provisions of this 
        section.
            (2) Period of designation.--The initial period of the 
        designation referred to in paragraph (1) shall be for the 5-
        year 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 People's Republic of China (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).

SEC. 17. ADMISSION FOR CERTAIN HIGHLY SKILLED HONG KONG RESIDENTS.

    (a) In General.--Subject to subsection (c), the Secretary of 
Homeland Security, or, notwithstanding any other provision of law, 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 (as that term is defined in section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))), if--
            (1) the alien, or an agent acting on behalf of the alien, 
        submits a petition for classification under section 203(b)(4) 
        of such Act (8 U.S.C. 1153(b)(4));
            (2) the alien is otherwise eligible to receive an immigrant 
        visa;
            (3) the alien 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. (a)(4))); and
            (4) the alien 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) holds no right to citizenship in any country or 
                jurisdiction other than the People's Republic of China, 
                Hong Kong, or the Macau Special Administrative Region 
                as of the date of enactment of this Act;
                    (B) has resided in Hong Kong for not less than the 
                10 years immediately prior to the date of enactment of 
                this Act;
                    (C) has been designated by the Secretary of State 
                or Secretary of Homeland Security as having met the 
                requirements of subparagraphs (A) and (B) through a 
                credible verification process; and
                    (D) has earned a bachelor's or higher degree from 
                an institution of higher education.
            (2) Spouses and children.--An alien is described in this 
        subsection if the alien is the spouse or child of a principal 
        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 5,000 per year for each of the 5 fiscal years 
        beginning after the date of the enactment of this Act.
            (2) Prioritization.--The Secretary of Homeland Security 
        may, in consultation with the Secretary of State, prioritize 
        the issuance of visas to individuals with a bachelor's or 
        higher degree in science, technology, engineering, mathematics, 
        health care, or 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) 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.
    (e) Timeline for Processing Applications.--
            (1) In general.--The Secretary of State and the Secretary 
        of Homeland Security shall ensure that all steps under the 
        control of the United States Government incidental to the 
        approval of an application under subsection (a), including 
        required screenings and background checks, are completed not 
        later than 1 year after the date on which an eligible applicant 
        submits such an application.
            (2) Exception.--Notwithstanding paragraph (1), the relevant 
        Federal agencies may take additional time to process 
        applications described in paragraph (1) if satisfaction of 
        national security concerns requires such additional time, 
        provided that the Secretary of Homeland Security, or a designee 
        of the Secretary, has determined that the applicant meets the 
        requirements for status as a special immigrant under this 
        section and has so notified the applicant.

SEC. 18. DESIGNATION OF CERTAIN RESIDENTS OF HONG KONG AS PRIORITY 2 
              REFUGEES.

    (a) 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:
            (1) Individuals who are residents of the Hong Kong SAR who 
        have 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.
            (2) Individuals who have been formally charged, detained, 
        or convicted on account of their peaceful actions or advocacy.
            (3) 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 paragraph (1) or (2), except such parents who are 
        citizens of a country other than the People's Republic of 
        China.
    (b) Processing of Hong Kong Refugees.--The processing of 
individuals described in subsection (a) for classification as refugees 
may occur in Hong Kong or in a third country.
    (c) Eligibility for Admission as Refugees.--An alien may not be 
denied the opportunity to apply for admission as a refugee under this 
section primarily because such alien--
            (1) qualifies as an immediate relative of a United States 
        citizen; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (d) Facilitation of Admissions.--An applicant for admission to the 
United States from the Hong Kong SAR 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.
    (e) Exclusion From Numerical Limitations.--Aliens provided refugee 
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).
    (f) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        submit a report regarding 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 under 
        paragraph (1) shall include--
                    (A) the total number of applications that are 
                pending at the end of the reporting period;
                    (B) 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
                    (C) the number of denials of applications for 
                refugee status, disaggregated by the reason for each 
                such denial.
            (3) Form.--Each report required under 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.
    (g) Satisfaction of Other Requirements.--Aliens granted status 
under this section 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.

SEC. 19. EXTENSION OF PROHIBITION ON COMMERCIAL EXPORT OF COVERED 
              MUNITIONS ITEMS TO THE HONG KONG POLICE FORCE.

    Section 3 of the Act entitled ``An Act to prohibit the commercial 
export of covered munitions items to the Hong Kong Police Force'', 
approved November 27, 2019 (Public Law 116-77; 133 Stat. 1173), is 
amended by striking ``shall expire'' and all that follows and inserting 
``shall expire on December 31, 2034.''.
                                 <all>
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