II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hong Kong Policy Act 

5 of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ALIEN.—The term ‘‘alien’’ has the meaning 

9 given that term in section 101(a) of the Immigration 

10 and Nationality Act (8 U.S.C. 1101(a)). 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Relations 

4 of the Senate and the Committee on Foreign Affairs 

5 of the House of Representatives. 

6 (3) ARTICLE 23.—The term ‘‘Article 23’’ means 

7 Article 23 of the Basic Law. 

8 (4) BASIC LAW.—The term ‘‘Basic Law’’ means 

9 the Basic Law of the Hong Kong Special Adminis10 trative Region of the People’s Republic of China. 

11 (5) FOREIGN PERSON.—The term ‘‘foreign per12 son’’ means an individual or entity that is not a 

13 United States person. 

14 (6) HONG KONG SAR.—The term ‘‘Hong Kong 

15 SAR’’ means the Hong Kong Special Administrative 

16 Region of the People’s Republic of China. 

17 (7) HONG KONG ECONOMIC AND TRADE OF18 FICES.—The term ‘‘Hong Kong Economic and 

19 Trade Offices’’ has the meaning given that term in 

20 section 1(c) of the Act entitled ‘‘An Act to extend 

21 certain privileges, exemptions, and immunities to 

22 Hong Kong Economic and Trade Offices’’, approved 

23 June 27, 1997 (22 U.S.C. 288k). 

24 (8) JOINT DECLARATION.—The term ‘‘Joint 

25 Declaration’’ means the Joint Declaration of the 


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1 Government of the United Kingdom of Great Britain 

2 and Northern Ireland and the Government of the 

3 People’s Republic of China on the question of Hong 

4 Kong, done at Beijing December 19, 1984. 

5 (9) NATIONAL SECURITY LAW.—The term 

6 ‘‘Hong Kong National Security Law’’ means the 

7 Law of the People’s Republic of China on Safe8 guarding National Security in the Hong Kong Spe9 cial Administrative Region, signed on June 30, 

10 2020. 

11 (10) SAFEGUARDING NATIONAL SECURITY OR12 DINANCE.—The term ‘‘Safeguarding National Secu13 rity Ordinance’’ means the ordinance that imple14 mented Article 23 that was passed by the Legislative 

15 Council of the Hong Kong Special Administrative 

16 Region on March 19, 2024. 

17 (11) UNITED STATES PERSON.—The term 

18 ‘‘United States person’’ means— 

19 (A) a United States citizen or an alien law20 fully admitted for permanent residence to the 

21 United States; or 

22 (B) an entity organized under the laws of 

23 the United States or any jurisdiction within the 

24 United States, including a foreign branch of 

25 such an entity. 


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1 SEC. 3. FINDINGS. 

2 Section 101 of the United States-Hong Kong Policy 

3 Act of 1992 (22 U.S.C. 5711) is amended to read as fol4 lows: 

5 ‘‘SEC. 101. FINDINGS. 

6 ‘‘Congress finds the following: 

7 ‘‘(1) The passage and implementation of this 

8 Act in 1992 reflected an expectation that the Peo9 ple’s Republic of China would faithfully adhere to 

10 the conditions set forth between the Governments of 

11 the United Kingdom and the People’s Republic of 

12 China in the Joint Declaration, which declared that 

13 Hong Kong would enjoy ‘a high degree of autonomy’ 

14 under the principle of ‘one country, two systems’ of 

15 the People’s Republic of China, for 50 years after 

16 the transfer of Hong Kong from the United King17 dom to the People’s Republic of China in 1997. 

18 ‘‘(2) The Government of the People’s Republic 

19 of China, in the lead-up to the 1997 transfer of 

20 Hong Kong from the United Kingdom to the Peo21 ple’s Republic of China, did not consult Hong 

22 Kongers on the conditions for the transfer of sov23 ereignty, did not provide Hong Kongers the ability 

24 to decide the future of Hong Kong, and continues to 

25 deny Hong Kongers the free exercise of human 

26 rights as protected under international law. 


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1 ‘‘(3) Article 1 of the International Covenant on 

2 Civil and Political Rights and Article 1 of the Inter3 national Covenant on Economic, Social and Cultural 

4 Rights provide, and Article 2 of the Declaration on 

5 the Granting of Independence to Colonial Countries 

6 and Peoples states, that ‘all peoples have the right 

7 of self-determination. By virtue of that right they 

8 freely determine their political status and freely pur9 sue their economic, social and cultural development’. 

10 ‘‘(4) Despite the rights and freedoms for Hong 

11 Kong delineated in the Joint Declaration and in the 

12 Basic Law, the Government of the People’s Republic 

13 of China has repeatedly undermined the autonomy 

14 of the Government of Hong Kong since the transfer 

15 of Hong Kong in 1997, including through actions 

16 that have resulted in widespread political protests in 

17 Hong Kong. 

18 ‘‘(5) On June 30, 2020, the Standing Com19 mittee of the National People’s Congress of the Peo20 ple’s Republic of China enacted the National Secu21 rity Law, which provided a legal pretext to dras22 tically reduce the autonomy of Hong Kong and led 

23 to widespread repression by Hong Kong authorities. 

24 ‘‘(6) The National Security Law has eroded the 

25 rights and freedoms promised to the people in Hong 


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1 Kong under the Joint Declaration and the Basic 

2 Law, including freedoms of speech, assembly, and 

3 the press. 

4 ‘‘(7) Since the passage of the National Security 

5 Law— 

6 ‘‘(A) hundreds of pro-democracy activists, 

7 lawmakers, and journalists have been arrested; 

8 ‘‘(B) civil society organizations have been 

9 disbanded; 

10 ‘‘(C) independent media outlets have 

11 closed; and 

12 ‘‘(D) academic freedoms and an inde13 pendent judiciary in Hong Kong have been 

14 eroded. 

15 ‘‘(8) Forty-seven individuals (commonly known 

16 as the ‘Hong Kong 47’), including Joshua Wong and 

17 Gwyneth Ho, are facing politically motivated charges 

18 of ‘conspiracy to commit subversion’ after holding an 

19 unofficial primary election in 2020, less than 2 

20 weeks after the National Security Law came into ef21 fect, and 14 of these individuals were found guilty 

22 on May 30, 2024, in a judicial proceeding that 

23 lacked independence, and now face prison terms 

24 ranging from 3 years to life. 


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1 ‘‘(9) Jimmy Lai, a 76-year old Hong Kong pro2 democracy advocate and media entrepreneur, has 

3 been subjected to multiple prosecutions for his 

4 peaceful activities, has spent approximately 4 years 

5 in prison, has been sentenced to more than 5 years 

6 of imprisonment under politically motivated fraud 

7 charges, and is awaiting a verdict on additional 

8 charges of ‘collusion with foreign forces’ and ‘sedi9 tion’, which could carry a sentence of life in prison. 

10 ‘‘(10) The Government of the People’s Republic 

11 of China and the Government of Hong Kong are— 

12 ‘‘(A) using the National Security Law to 

13 pursue acts of transnational repression against 

14 members of Hong Kong diaspora communities 

15 outside of Hong Kong; and 

16 ‘‘(B) harassing, threatening, and placing 

17 extraterritorial bounties on Hong Kong and 

18 non-Hong Kong residents, including a United 

19 States citizen, for their courageous advocacy for 

20 the rights and freedoms of people in Hong 

21 Kong. 

22 ‘‘(11) On March 19, 2024, despite widespread 

23 opposition from the international community, civil 

24 society, and other stakeholders in Hong Kong, and 

25 after a limited period of ‘public consultation’ for the 


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1 legislation, the Legislative Council of the Hong Kong 

2 Special Administrative Region passed legislation to 

3 implement Article 23, the Safeguarding National Se4 curity Ordinance, which grants authorities in Hong 

5 Kong additional powers to further curtail civil rights 

6 and freedoms, establishes severe penalties, including 

7 life imprisonment, for vaguely defined offenses, and 

8 creates risks for Hong Kong residents who interact 

9 with foreigners. 

10 ‘‘(12) The Safeguarding National Security Or11 dinance— 

12 ‘‘(A) includes other offenses such as ‘exter13 nal interference’ and ‘state secrets’, which could 

14 create risks for multinational companies and 

15 international groups operating in Hong Kong; 

16 ‘‘(B) in combination with the ongoing im17 plementation of the National Security Law, 

18 likely will have a further chilling effect on a 

19 wide range of individuals and organizations in 

20 Hong Kong, including civil society representa21 tives, independent journalists, pro-democracy 

22 lawmakers, entrepreneurs, businesses, and oth23 ers; and 

24 ‘‘(C) has already been applied by Hong 

25 Kong authorities to target Hong Kongers for 


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1 peacefully expressing their views, including 

2 Chow Hang-tung, who was arrested on May 28, 

3 2024, for alleged seditious social media posts 

4 related to the commemoration of the 

5 Tiananmen Square massacre. 

6 ‘‘(13) Annually since 2020, the Secretary of 

7 State has certified that Hong Kong does not war8 rant treatment under United States law in the same 

9 manner as United States laws were applied to Hong 

10 Kong before July 1, 1997. 

11 ‘‘(14) Despite the commitments made by the 

12 People’s Republic of China in the Joint Declaration, 

13 the People’s Republic of China has declared that the 

14 ‘legal basis for the Chinese government’s governance 

15 of Hong Kong is China’s constitution and the Basic 

16 Law of the Hong Kong Special Administrative Re17 gion, not the Sino-British Joint Declaration’. 

18 ‘‘(15) The People’s Republic of China and the 

19 Government of Hong Kong continue to insist that 

20 they are implementing the ‘one country, two sys21 tems’ framework and the Basic Law. 

22 ‘‘(16) During a June 2017 press conference, a 

23 spokesperson for the Ministry of Foreign Affairs of 

24 the People’s Republic of China referred to the Joint 


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1 Declaration as a ‘historical document that no longer 

2 has any realistic meaning’. 

3 ‘‘(17) During a February 2024 press briefing, 

4 in response to criticism from the United Kingdom 

5 regarding the undermining of the autonomy of Hong 

6 Kong by the People’s Republic of China, a spokes7 person for the Ministry of Foreign Affairs of the 

8 People’s Republic of China stated that the Joint 

9 Declaration ‘by no means put the UK in a position 

10 or gave it any right to interfere in Hong Kong af11 fairs. Second, one of the principles that guide the 

12 legislation on Article 23 of the Basic Law is to re13 spect and protect human rights’.’’. 

14 SEC. 4. SENSE OF CONGRESS. 

15 Section 102 of the United States-Hong Kong Policy 

16 Act of 1992 (22 U.S.C. 5712) is amended to read as fol17 lows: 

18 ‘‘SEC. 102. SENSE OF CONGRESS. 

19 ‘‘It is the sense of Congress that— 

20 ‘‘(1) this Act, which has faithfully guided 

21 United States policy toward Hong Kong for more 

22 than 3 decades, was originally predicated on the 

23 Government of the People’s Republic of China up24 holding its commitments with respect to Hong Kong, 

25 such that the Government of Hong Kong— 


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1 ‘‘(A) maintained sufficient autonomy from 

2 the Government of the People’s Republic of 

3 China in managing affairs within Hong Kong; 

4 and 

5 ‘‘(B) safeguarded the democratic rights, 

6 culture, and unique way of life of the people of 

7 Hong Kong, including through adherence to the 

8 rule of law and the maintenance of a credible, 

9 independent judicial system; 

10 ‘‘(2) the commitments made under the Joint 

11 Declaration, and by extension ‘one country, two sys12 tems’ and the Basic Law, have been abrogated by 

13 the Government of the People’s Republic of China to 

14 the point that such commitments are no longer ad15 vancing autonomy, democratic institutions, or the 

16 protection of human rights for the people in Hong 

17 Kong; 

18 ‘‘(3) United States policy towards Hong Kong 

19 should be updated with a new policy framework that 

20 protects United States national security interests 

21 and is centered on the people in Hong Kong, includ22 ing their aspirations, their human rights and well23 being, and their desire for autonomy and a demo24 cratic system of government in Hong Kong; 


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1 ‘‘(4) with the undermining of the autonomy of 

2 Hong Kong, and widespread repression and viola3 tions of the human rights of Hong Kongers, the 

4 Government of the People’s Republic of China has 

5 demonstrated that it will blatantly violate or mis6 construe its own constitution and laws, and inter7 national law, to justify its human rights abuses and 

8 ‘rule by law’ approach and seek to exercise absolute 

9 control over the population of Hong Kong, as it does 

10 within mainland China; 

11 ‘‘(5) the United States and the international 

12 community should develop policies towards Hong 

13 Kong that offer unwavering support for people in 

14 Hong Kong, including support for the human rights 

15 of Hong Kongers and the autonomy of Hong Kong; 

16 ‘‘(6) United States policy toward Hong Kong 

17 should include support to prisoners of conscience, 

18 activists fighting for freedom and democracy in 

19 Hong Kong, Hong Kong residents wishing to emi20 grate from the repressive environment in Hong 

21 Kong, and Hong Kong diaspora communities; 

22 ‘‘(7) United States policy toward Hong Kong 

23 should recognize that the actions of the People’s Re24 public of China in Hong Kong are emblematic of the 

25 larger efforts of the People’s Republic of China to 


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1 reshape international institutions and norms, espe2 cially institutions and norms related to human 

3 rights, and to advance a new global order that has 

4 at its foundation the authoritarian model of ‘non-in5 terference’ of the People’s Republic of China, which 

6 authoritarian states use to justify violating the 

7 human rights of their citizens and, when advan8 tageous for the strategic interests of the state, the 

9 citizens of other states, with impunity; and 

10 ‘‘(8) the United States should intensify efforts 

11 to collaborate with partners and allies to highlight 

12 the violations of the human rights of Hong Kongers 

13 and the autonomy of Hong Kong by the Govern14 ments of the People’s Republic of China and Hong 

15 Kong, and empower the voices of Hong Kongers 

16 seeking to advance their fundamental freedoms and 

17 aspirations, democratic institutions in Hong Kong, 

18 and the ability of Hong Kongers to have a say in the 

19 Government of Hong Kong.’’. 

20 SEC. 5. STATEMENT OF POLICY. 

21 (a) IN GENERAL.—Section 103 of the United States22 Hong Kong Policy Act of 1992 (22 U.S.C. 5713) is 

23 amended to read as follows: 

24 ‘‘SEC. 103. STATEMENT OF POLICY. 

25 ‘‘It is the policy of the United States— 


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1 ‘‘(1) that Hong Kong should no longer be af2 forded special privileges separate from the People’s 

3 Republic of China under United States law; 

4 ‘‘(2) that the people of Hong Kong should have 

5 the ability to nominate and elect the leaders of their 

6 choice and should be empowered to advance the 

7 human rights and democratic ambitions of Hong 

8 Kongers; 

9 ‘‘(3) to encourage the immediate and uncondi10 tional release of the Hong Kong 47, Jimmy Lai, 

11 Chow Hang-tung, and all other prisoners of con12 science in Hong Kong; 

13 ‘‘(4) to promote accountability using all avail14 able diplomatic and economic tools, including sanc15 tions, for human rights violations by the Govern16 ment of the People’s Republic of China against peo17 ple in Hong Kong; 

18 ‘‘(5) to work with United States partners and 

19 allies to apply multilateral pressure on the People’s 

20 Republic of China to protect the human rights of 

21 people in Hong Kong and the autonomy of Hong 

22 Kong, and to ensure the ability of Hong Kongers to 

23 have a say in the Government of Hong Kong; 

24 ‘‘(6) to support people in Hong Kong and Hong 

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1 mote human rights and democracy in Hong Kong 

2 and by providing humanitarian relief for Hong 

3 Kongers fleeing repression; and 

4 ‘‘(7) to provide timely, accurate, and easily ac5 cessible guidance regarding the risks to United 

6 States citizens, businesses, and other organizations 

7 working or operating in Hong Kong.’’. 

8 (b) REPEAL.—Sections 104 and 105 of the United 

9 States-Hong Kong Policy Act of 1992 (22 U.S.C. 5714 

10 and 5715) are repealed. 

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

12 KONG. 

13 (a) IN GENERAL.—The United States-Hong Kong 

14 Policy Act of 1992 (22 U.S.C. 5701 et seq.) is amended— 

15 (1) in section 201 (22 U.S.C. 5721)— 

16 (A) by striking the section heading and in17 serting the following: ‘‘APPLICATION OF

18 UNITED STATES LAW TO HONG KONG’’; and 

19 (B) by striking subsection (a) and insert20 ing the following: 

21 ‘‘(a) IN GENERAL.—The laws of the United States 

22 shall apply with respect to Hong Kong in the same manner 

23 as the laws of the United States are applied to the Peo24 ple’s Republic of China, including with respect to the fol25 lowing statutes: 


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1 ‘‘(1) the Arms Export Control Act (22 U.S.C. 

2 2751 et seq.); 

3 ‘‘(2) section 721(m) of the Defense Production 

4 Act of 1950, as amended (50 U.S.C. 4565(m)); 

5 ‘‘(3) the Export Control Reform Act of 2018 

6 (50 U.S.C. 4801 et seq.); and 

7 ‘‘(4) section 1304 of title 19, United States 

8 Code.’’; and 

9 (2) in section 202 (22 U.S.C. 5722)— 

10 (A) by striking subsection (a) and insert11 ing the following: 

12 ‘‘(a) DIFFERENTIAL TREATMENT.—Notwithstanding 

13 section 201, the President may, on a case-by-case basis 

14 and after submitting to the appropriate congressional 

15 committees a certification that such action is in the na16 tional security interest of the United States, extend dif17 ferential treatment to Hong Kong than that which is given 

18 to the People’s Republic of China under the laws of the 

19 United States’’; and 

20 (B) by striking subsections (c) and (d). 

21 (b) EFFECTIVE DATE.—This section, and the amend22 ments made by this section, shall take effect on the date 

23 that is 270 days after the date of the enactment of this 

24 Act. 


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1 SEC. 7. SUPPORTING HUMAN RIGHTS AND CIVILIAN SECU2 RITY IN HONG KONG. 

3 (a) IN GENERAL.—The United States Government 

4 shall, to the maximum extent possible, leverage all existing 

5 and appropriate authorities to continue to support democ6 racy, human rights, and civilian security in Hong Kong. 

7 (b) CONTINUATION OF PROGRAMS.— 

8 (1) IN GENERAL.—The Secretary of State, in 

9 coordination with the United States Agency for 

10 International Development and other Federal agen11 cies, as appropriate, shall continue to carry out pro12 grams, including through nongovernmental organiza13 tions, that prioritize the protection and advancement 

14 of the freedoms of association, assembly, religion, 

15 and expression for democracy and human rights ac16 tivists, women, and ethnic and religious minorities in 

17 Hong Kong. 

18 (2) SECURITY PROGRAMS.—The Secretary of 

19 State, in coordination with other Federal agencies as 

20 appropriate, shall carry out programs focused on ci21 vilian security in Hong Kong, including through law 

22 enforcement and counter-narcotics collaboration with 

23 relevant Hong Kong government and civil society 

24 representatives. 


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1 (c) CONSULTATION REQUIREMENT.—In carrying out 

2 this section, the Secretary of State shall consult with the 

3 appropriate congressional committees. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There is authorized to be 

6 appropriated to the Secretary of State for the pro7 motion of democracy, human rights, and civilian se8 curity in Hong Kong $5,000,000 for each of fiscal 

9 years 2026 through 2030 to carry out this section. 

10 (2) ADMINISTRATION.—The Secretary of State 

11 shall designate an office or offices within the De12 partment of State to administer and coordinate the 

13 distribution of the funds appropriated under para14 graph (1) within the Department of State and 

15 across the United States Government. 

16 SEC. 8. SUPPORTING INTERNET FREEDOM IN HONG KONG. 

17 (a) HONG KONG INTERNET FREEDOM PROGRAM.— 

18 (1) DEPARTMENT OF STATE.—The Secretary of 

19 State shall establish within the Bureau of Democ20 racy, Human Rights, and Labor a program to be 

21 known as the ‘‘Hong Kong Internet Freedom Pro22 gram’’. 

23 (2) GRANTS AUTHORIZED.—The Secretary of 

24 State, working through the Hong Kong Internet 

25 Freedom Program, is authorized to award grants to 


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1 private organizations to support and develop pro2 grams in Hong Kong that promote or expand— 

3 (A) online information access; 

4 (B) freedom of the press; 

5 (C) disruptive technologies that bypass 

6 internet blocking, filtering, and other censorship 

7 techniques; 

8 (D) virtual private networks; 

9 (E) firewall circumvention tools; 

10 (F) distributed denial of service mitigation 

11 techniques; 

12 (G) digital security capacity building for 

13 internet users; or 

14 (H) digital resiliency for international or15 ganizations, pro-democracy activists, and other 

16 civil society actors in Hong Kong, including 

17 emergency support. 

18 (3) SECURITY AUDITS.—Any new technologies 

19 developed using grants authorized under this sub20 section shall undergo comprehensive security audits 

21 to ensure that such technologies are secure and have 

22 not been compromised in a manner detrimental to 

23 the interests of the United States or to individuals 

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1 ported by the Bureau of Democracy, Human Rights, 

2 and Labor or the Open Technology Fund. 

3 (b) INDEPENDENCE.—During the period beginning 

4 on the effective date of this Act and ending on September 

5 30, 2030, the program established pursuant to subsection 

6 (a) shall be carried out independently from the internet 

7 freedom portfolios relating to mainland China in order to 

8 focus on internet freedom in Hong Kong. 

9 (c) CONSOLIDATION OF DEPARTMENT OF STATE

10 PROGRAM.—Beginning on October 1, 2030, the Secretary 

11 of State may— 

12 (1) consolidate the Hong Kong Internet Free13 dom Program with the initiatives relating to main14 land China in the Bureau of Democracy, Human 

15 Rights, and Labor; or 

16 (2) continue to carry out the Hong Kong Inter17 net Freedom Program in accordance with subsection 

18 (b). 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Office of Internet 

21 Freedom Programs of the Bureau of Democracy, Human 

22 Rights, and Labor of the Department of State $5,000,000 

23 for each of fiscal years 2026 through 2030 to carry out 

24 this section. 


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1 SEC. 9. REPORT ON REQUESTS FROM THE GOVERNMENT 

2 OF HONG KONG TO UNITED STATES ENTITIES 

3 FOR CONTENT TAKEDOWNS OR LAW EN4 FORCEMENT ASSISTANCE. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act, and annually thereafter, 

7 the Secretary of Commerce, in consultation with the heads 

8 of other appropriate Federal departments and agencies, 

9 shall submit to the appropriate congressional committees 

10 and make available to the public a report on requests 

11 issued by the Government of Hong Kong to United States 

12 entities operating in Hong Kong for content takedowns 

13 or law enforcement assistance. 

14 (b) MATTERS TO BE INCLUDED.—The report re15 quired by subsection (a) shall, with respect to the 1-year 

16 period preceding the date of submission of the report, in17 clude the following: 

18 (1) The number of requests issued by the Gov19 ernment of Hong Kong to United States entities op20 erating in Hong Kong for content takedowns or law 

21 enforcement assistance that were fulfilled and by 

22 which United States entities. 

23 (2) An identification of the Hong Kong laws 

24 under which such requests were issued. 


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1 (c) FORM OF REPORT.—The report required by sub2 section (a) shall be submitted in unclassified form, but 

3 may include a classified index. 

4 (d) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation, the Committee on Foreign 

10 Relations, the Committee on Banking, Housing, 

11 and Urban Affairs, the Committee on Finance, 

12 and the Select Committee on Intelligence of the 

13 Senate; and 

14 (B) the Committee on Energy and Com15 merce, the Committee on Foreign Affairs, the 

16 Committee on Financial Services, the Com17 mittee on Ways and Means, and the Permanent 

18 Select Committee on Intelligence of the House 

19 of Representatives. 

20 (2) CONTENT TAKEDOWN.—The term ‘‘content 

21 takedown’’ means the removal of, disabling of access 

22 to, or restriction of access to any material, includ23 ing— 

24 (A) material on a website or online service; 

25 (B) a software application; and 


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1 (C) any feature of a software application. 

2 (3) UNITED STATES ENTITY.—The term 

3 ‘‘United States entity’’ means a corporation, non4 governmental organization, media organization, or 

5 other similar entity that is organized under the laws 

6 of the United States or any jurisdiction within the 

7 United States. 

8 SEC. 10. STRATEGY FOR UNITED STATES ENGAGEMENT 

9 WITH HONG KONG. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, the President shall de12 velop and submit to the appropriate congressional commit13 tees an interagency strategy for United States policy to14 wards Hong Kong, which may include a classified annex. 

15 (b) ELEMENTS.—The strategy required by subsection 

16 (a) shall include the following elements: 

17 (1) An interagency assessment of existing 

18 United States laws, regulations, formal and informal 

19 government policies, and procedures towards Hong 

20 Kong that can be reasonably anticipated to be im21 pacted by any amendment to the United States22 Hong Kong Policy Act of 1992 (22 U.S.C. 5701 et 

23 seq.) made under this Act. 

24 (2) A strategy to mitigate negative impacts 

25 on— 


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1 (A) United States-Hong Kong bilateral 

2 trade; 

3 (B) the international financial system; 

4 (C) immigration and the treatment of visa 

5 applicants from Hong Kong; and 

6 (D) academic and cultural exchanges for 

7 citizens of Hong Kong. 

8 (3) An interagency plan to carry out the re9 quirements in subsections (a) and (b) of section 7, 

10 including— 

11 (A) to support freedom from arbitrary or 

12 unlawful arrest, detention, or imprisonment for 

13 all Hong Kong residents; 

14 (B) to support the robust exercise by resi15 dents of Hong Kong of the rights to free 

16 speech, the press, and other fundamental free17 doms; and 

18 (C) coordination with allies, including the 

19 United Kingdom, Australia, Canada, Japan, 

20 and the Republic of Korea, to promote democ21 racy and human rights in Hong Kong. 

22 (c) CONSULTATION REQUIREMENT.—In developing 

23 the strategy required by this section, the President shall 

24 consult with the appropriate congressional committees. 


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1 SEC. 11. SEPARATE PART OF COUNTRY REPORTS. 

2 Whenever a report is transmitted to Congress on a 

3 country-by-country basis, there shall be included in such 

4 report, where applicable, a separate section on Hong Kong 

5 under the heading of the state that exercises sovereignty 

6 over Hong Kong. The reports to which this section applies 

7 include the reports transmitted under— 

8 (1) sections 116(d) and 502B(b) of the Foreign 

9 Assistance Act of 1961 (22 U.S.C. 2151n(d) and 

10 2304(b)), relating to human rights; and 

11 (2) section 181 of the Trade Act of 1974 (19 

12 U.S.C. 2241), relating to trade barriers. 

13 SEC. 12. SECRETARY OF STATE CERTIFICATION REPORT 

14 REGARDING THE STATUS OF HONG KONG. 

15 Section 205 of the United States-Hong Kong Policy 

16 Act of 1992 (22 U.S.C. 5725) is amended to read as fol17 lows: 

18 ‘‘SEC. 205. SECRETARY OF STATE REPORT REGARDING THE 

19 STATUS OF HONG KONG. 

20 ‘‘(a) REPORT.— 

21 ‘‘(1) IN GENERAL.—The Secretary of State, not 

22 later than one year after the effective date of section 

23 12 of the Hong Kong Policy Act of 2024 and annu24 ally thereafter, in consultation with the Secretary of 

25 the Treasury, the Secretary of Commerce, and the 

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1 retary of State considers appropriate, shall submit to 

2 the appropriate congressional committees a report 

3 that addresses the status of— 

4 ‘‘(A) sanctions and export control viola5 tions within the Hong Kong SAR; 

6 ‘‘(B) official and unofficial United States7 Hong Kong cultural, education, scientific, and 

8 academic exchanges; 

9 ‘‘(C) human rights in Hong Kong, includ10 ing freedom of assembly, freedom of speech, 

11 freedom of expression, freedom of the press, in12 cluding the internet, and other rights enumer13 ated in the Universal Declaration of Human 

14 Rights, done at Paris December 10, 1948, and 

15 the International Covenant on Civil and Polit16 ical Rights, done at New York December 19, 

17 1966; 

18 ‘‘(D) judicial and prosecutorial independ19 ence; 

20 ‘‘(E) police and security functions, includ21 ing the role of security agencies from mainland 

22 China and the extent of coordination between 

23 the Hong Kong Police and security agencies 

24 from mainland China; 


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1 ‘‘(F) the implementation of the National 

2 Security Law and Article 23 of the Basic Law, 

3 and any other laws or regulations regarding 

4 treason, secession, sedition, collusion with ‘for5 eign forces’, theft of state secrets, or subversion 

6 against the People’s Republic of China; 

7 ‘‘(G) laws or regulations regarding foreign 

8 non-governmental, civil society, or media orga9 nizations; 

10 ‘‘(H) Hong Kong’s participation in multi11 lateral forums and bodies; and 

12 ‘‘(I) specific actions taken by the United 

13 States Government within the reporting year in 

14 relation to— 

15 ‘‘(i) the People’s Republic of China 

16 and Hong Kong government’s human 

17 rights abuses in Hong Kong and 

18 transnational repression against Hong 

19 Kongers globally; 

20 ‘‘(ii) support and advocacy on behalf 

21 of political prisoners in Hong Kong; 

22 ‘‘(iii) humanitarian and other support, 

23 including immigration pathways, for Hong 

24 Kongers fleeing repression in Hong Kong 

25 or otherwise emigrating from Hong Kong; 


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1 ‘‘(iv) sanctions and export control vio2 lations within the Hong Kong SAR; and 

3 ‘‘(v) any failure to fulfill obligations to 

4 the United States under international 

5 agreements identified in this report. 

6 ‘‘(2) JUSTIFICATION AND RECOMMENDATION

7 REQUIRED.—If the Secretary of State determines 

8 that Hong Kong has regained sufficient autonomy to 

9 warrant consideration for treatment under United 

10 States law distinct from that applied to mainland 

11 China, then the report required by paragraph (1) 

12 shall include— 

13 ‘‘(A) a detailed justification for such deter14 mination; and 

15 ‘‘(B) a recommendation to Congress to re16 consider the treatment of Hong Kong under 

17 United States law, including a recommendation 

18 regarding reinstatement of some or all of the 

19 differential treatment or status that had been 

20 afforded to Hong Kong under this Act (as in 

21 effect on the day before the date of the enact22 ment of the Hong Kong Policy Act of 2024).’’. 


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1 SEC. 13. REPORTING ON RISKS TO UNITED STATES CITI2 ZENS AND BUSINESSES IN HONG KONG. 

3 (a) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Secretary of State should update the travel 

5 advisory applicable to Hong Kong, within the China travel 

6 advisory of the Department of State, not less than every 

7 24 months. 

8 (b) BUSINESS ADVISORY.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the effective date of this Act, the Secretary of 

11 State shall issue an updated Hong Kong Business 

12 Advisory assessing the risks faced by United States 

13 businesses in Hong Kong given the ongoing imple14 mentation of the National Security Law and the 

15 Safeguarding National Security Ordinance. 

16 (2) EXCEPTION.—Paragraph (1) shall not 

17 apply if the Secretary of State determines that busi18 ness conditions in Hong Kong did not warrant an 

19 update to the Hong Kong Business Advisory and 

20 provides a certification of such determination to the 

21 appropriate congressional committees. 


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1 SEC. 14. EXTENSION OF AUTHORITIES TO IMPOSE SANC2 TIONS UNDER THE HONG KONG HUMAN 

3 RIGHTS AND DEMOCRACY ACT. 

4 Section 7(h) of the Hong Kong Human Rights and 

5 Democracy Act of 2019 (22 U.S.C. 5701 note) is amended 

6 by striking ‘‘5 years’’ and inserting ‘‘10 years’’. 

7 SEC. 15. TREATMENT OF HONG KONG APPLICATIONS FOR 

8 VISAS TO STUDY OR WORK IN THE UNITED 

9 STATES. 

10 Section 206 of the United States-Hong Kong Policy 

11 Act of 1992 (22 U.S.C. 5725) is amended— 

12 (1) by striking subsections (a) and (c); 

13 (2) by redesignating subsection (b) as sub14 section (d); 

15 (3) by inserting before subsection (d), as so re16 designated, the following: 

17 ‘‘(a) IN GENERAL.—The laws of the United States 

18 pertaining to the issuance of visas, immigration, and ap19 plication for entry to the United States shall continue to 

20 apply to Hong Kong, and to natives and residents of Hong 

21 Kong, in the same manner as such laws were applied to 

22 Hong Kong, and to natives and residents of Hong Kong, 

23 prior to the date of the enactment of the Hong Kong Pol24 icy Act of 2024. 

25 ‘‘(b) CONSISTENCY WITH IMMIGRATION AND NA26 TIONALITY ACT.—Hong Kong residents shall be treated 


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1 as a separate foreign state from the People’s Republic of 

2 China for the purposes of visas to visit or reside perma3 nently in the United States, so long as such treatment 

4 is consistent with the Immigration and Nationality Act (8 

5 U.S.C. 1101 et seq.). 

6 ‘‘(c) VISA ELIGIBILITY FOR CERTAIN HONG KONG

7 STUDENTS.—Notwithstanding any other provision of 

8 law— 

9 ‘‘(1) applications for visas to enter, study, or 

10 work in the United States, which are submitted by 

11 otherwise qualified applicants who resided in Hong 

12 Kong in 2014 and later, may not be denied pri13 marily on the basis of the applicant’s subjection to 

14 politically motivated arrest, detention, or other ad15 verse government action; and 

16 ‘‘(2) an applicant’s prior subjection to politi17 cally motivated arrest, detention, or other adverse 

18 government action may not be considered as a pri19 mary factor in evaluating the applicant’s immigrant 

20 intent.’’; and 

21 (4) in subsection (d)(2), as so redesignated, by 

22 inserting ‘‘irrespective of whether any such indi23 vidual was charged, detained, or convicted for a na24 tional security offense or under a non-national secu25 rity offense for which there are reasonable grounds 


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1 to believe the non-national security offense was used 

2 as a pretext for politically motivated action,’’ after 

3 ‘‘December 19, 1966,’’. 

4 SEC. 16. TEMPORARY PROTECTED STATUS FOR HONG 

5 KONG RESIDENTS IN THE UNITED STATES. 

6 (a) DESIGNATION.— 

7 (1) IN GENERAL.—For purposes of section 244 

8 of the Immigration and Nationality Act (8 U.S.C. 

9 1254a), Hong Kong shall be treated as if it has been 

10 designated under subsection (b)(1)(C) of that sec11 tion, subject to the provisions of this section. 

12 (2) PERIOD OF DESIGNATION.—The initial pe13 riod of the designation referred to in paragraph (1) 

14 shall be for the 5-year period beginning on the date 

15 of enactment of this Act. 

16 (b) ALIENS ELIGIBLE.—As a result of the designa17 tion made under subsection (a), an alien is deemed to sat18 isfy the requirements under paragraph (1) of section 

19 244(c) of the Immigration and Nationality Act (8 U.S.C. 

20 1254a(c)), subject to paragraph (3) of such section, if the 

21 alien— 

22 (1) was a permanent resident of Hong Kong at 

23 the time such individual arrived into the United 

24 States and is a national of the People’s Republic of 

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1 tionality, is a person who last habitually resided in 

2 Hong Kong); 

3 (2) has been continuously physically present in 

4 the United States since the date of the enactment of 

5 this Act; 

6 (3) is admissible as an immigrant, except as 

7 otherwise provided in paragraph (2)(A) of such sec8 tion, and is not ineligible for temporary protected 

9 status under paragraph (2)(B) of such section; and 

10 (4) registers for temporary protected status in 

11 a manner established by the Secretary of Homeland 

12 Security. 

13 (c) CONSENT TO TRAVEL ABROAD.— 

14 (1) IN GENERAL.—The Secretary of Homeland 

15 Security shall give prior consent to travel abroad, in 

16 accordance with section 244(f)(3) of the Immigra17 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 

18 an alien who is granted temporary protected status 

19 pursuant to the designation made under subsection 

20 (a) if the alien establishes to the satisfaction of the 

21 Secretary of Homeland Security that emergency and 

22 extenuating circumstances beyond the control of the 

23 alien require the alien to depart for a brief, tem24 porary trip abroad. 


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1 (2) TREATMENT UPON RETURN.—An alien re2 turning to the United States in accordance with an 

3 authorization described in paragraph (1) shall be 

4 treated as any other returning alien provided tem5 porary protected status under section 244 of the Im6 migration and Nationality Act (8 U.S.C. 1254a). 

7 SEC. 17. ADMISSION FOR CERTAIN HIGHLY SKILLED HONG 

8 KONG RESIDENTS. 

9 (a) IN GENERAL.—Subject to subsection (c), the Sec10 retary of Homeland Security, or, notwithstanding any 

11 other provision of law, the Secretary of State, in consulta12 tion with the Secretary of Homeland Security, may pro13 vide an alien described in subsection (b) with the status 

14 of a special immigrant (as that term is defined in section 

15 101(a) of the Immigration and Nationality Act (8 U.S.C. 

16 1101(a))), if— 

17 (1) the alien, or an agent acting on behalf of 

18 the alien, submits a petition for classification under 

19 section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); 

20 (2) the alien is otherwise eligible to receive an 

21 immigrant visa; 

22 (3) the alien is otherwise admissible to the 

23 United States for permanent residence (excluding 

24 the grounds for inadmissibility specified in section 

25 212(a)(4) of such Act (8 U.S.C. (a)(4))); and 


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1 (4) the alien clears a background check and ap2 propriate screening, as determined by the Secretary 

3 of Homeland Security. 

4 (b) ALIENS DESCRIBED.— 

5 (1) PRINCIPAL ALIENS.—An alien is described 

6 in this subsection if the alien— 

7 (A) holds no right to citizenship in any 

8 country or jurisdiction other than the People’s 

9 Republic of China, Hong Kong, or the Macau 

10 Special Administrative Region as of the date of 

11 enactment of this Act; 

12 (B) has resided in Hong Kong for not less 

13 than the 10 years immediately prior to the date 

14 of enactment of this Act; 

15 (C) has been designated by the Secretary 

16 of State or Secretary of Homeland Security as 

17 having met the requirements of subparagraphs 

18 (A) and (B) through a credible verification 

19 process; and 

20 (D) has earned a bachelor’s or higher de21 gree from an institution of higher education. 

22 (2) SPOUSES AND CHILDREN.—An alien is de23 scribed in this subsection if the alien is the spouse 

24 or child of a principal alien described in paragraph 

25 (1). 


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1 (c) NUMERICAL LIMITATIONS.— 

2 (1) IN GENERAL.—The total number of prin3 cipal aliens who may be provided special immigrant 

4 status under this section may not exceed 5,000 per 

5 year for each of the 5 fiscal years beginning after 

6 the date of the enactment of this Act. 

7 (2) PRIORITIZATION.—The Secretary of Home8 land Security may, in consultation with the Sec9 retary of State, prioritize the issuance of visas to in10 dividuals with a bachelor’s or higher degree in 

11 science, technology, engineering, mathematics, health 

12 care, or medicine. 

13 (3) EXCLUSION FROM NUMERICAL LIMITA14 TIONS.—Aliens provided immigrant status under 

15 this section shall not be counted against any numer16 ical limitation under section 201, 202, 203, or 207 

17 of the Immigration and Nationality Act (8 U.S.C. 

18 1151, 1152, 1153, and 1157). 

19 (d) ELIGIBILITY FOR ADMISSION UNDER OTHER

20 CLASSIFICATION.—No alien shall be denied the oppor21 tunity to apply for admission under this section solely be22 cause such alien qualifies as an immediate relative or is 

23 eligible for any other immigrant classification. 

24 (e) TIMELINE FOR PROCESSING APPLICATIONS.— 


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1 (1) IN GENERAL.—The Secretary of State and 

2 the Secretary of Homeland Security shall ensure 

3 that all steps under the control of the United States 

4 Government incidental to the approval of an applica5 tion under subsection (a), including required 

6 screenings and background checks, are completed 

7 not later than 1 year after the date on which an eli8 gible applicant submits such an application. 

9 (2) EXCEPTION.—Notwithstanding paragraph 

10 (1), the relevant Federal agencies may take addi11 tional time to process applications described in para12 graph (1) if satisfaction of national security con13 cerns requires such additional time, provided that 

14 the Secretary of Homeland Security, or a designee 

15 of the Secretary, has determined that the applicant 

16 meets the requirements for status as a special immi17 grant under this section and has so notified the ap18 plicant. 

19 SEC. 18. DESIGNATION OF CERTAIN RESIDENTS OF HONG 

20 KONG AS PRIORITY 2 REFUGEES. 

21 (a) IN GENERAL.—The Secretary of State, in con22 sultation with the Secretary of Homeland Security, shall 

23 designate, as Priority 2 refugees of special humanitarian 

24 concern, the following categories of aliens: 


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1 (1) Individuals who are residents of the Hong 

2 Kong SAR who have suffered persecution, or have a 

3 well-founded fear of persecution, on account of their 

4 peaceful expression of political opinions or peaceful 

5 participation in political activities or associations. 

6 (2) Individuals who have been formally charged, 

7 detained, or convicted on account of their peaceful 

8 actions or advocacy. 

9 (3) The spouses, children, and parents (as such 

10 terms are defined in subsections (a) and (b) of sec11 tion 101 of the Immigration and Nationality Act (8 

12 U.S.C. 1101)) of individuals described in paragraph 

13 (1) or (2), except such parents who are citizens of 

14 a country other than the People’s Republic of China. 

15 (b) PROCESSING OF HONG KONG REFUGEES.—The 

16 processing of individuals described in subsection (a) for 

17 classification as refugees may occur in Hong Kong or in 

18 a third country. 

19 (c) ELIGIBILITY FOR ADMISSION AS REFUGEES.—An 

20 alien may not be denied the opportunity to apply for ad21 mission as a refugee under this section primarily because 

22 such alien— 

23 (1) qualifies as an immediate relative of a 

24 United States citizen; or 


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1 (2) is eligible for admission to the United 

2 States under any other immigrant classification. 

3 (d) FACILITATION OF ADMISSIONS.—An applicant 

4 for admission to the United States from the Hong Kong 

5 SAR may not be denied primarily on the basis of a politi6 cally motivated arrest, detention, or other adverse govern7 ment action taken against such applicant as a result of 

8 the participation by such applicant in protest activities. 

9 (e) EXCLUSION FROM NUMERICAL LIMITATIONS.— 

10 Aliens provided refugee status under this section shall not 

11 be counted against any numerical limitation under section 

12 201, 202, 203, or 207 of the Immigration and Nationality 

13 Act (8 U.S.C. 1151, 1152, 1153, and 1157). 

14 (f) REPORTING REQUIREMENTS.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of the enactment of this Act, and annually 

17 thereafter, the Secretary of State and the Secretary 

18 of Homeland Security shall submit a report regard19 ing the matters described in paragraph (2) to— 

20 (A) the Committee on the Judiciary and 

21 the Committee on Foreign Relations of the Sen22 ate; and 

23 (B) the Committee on the Judiciary and 

24 the Committee on Foreign Affairs of the House 

25 of Representatives. 


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1 (2) MATTERS TO BE INCLUDED.—Each report 

2 required under paragraph (1) shall include— 

3 (A) the total number of applications that 

4 are pending at the end of the reporting period; 

5 (B) the average wait times for all appli6 cants who are currently pending— 

7 (i) employment verification; 

8 (ii) a prescreening interview with a re9 settlement support center; 

10 (iii) an interview with U.S. Citizen11 ship and Immigration Services; or 

12 (iv) the completion of security checks; 

13 and 

14 (C) the number of denials of applications 

15 for refugee status, disaggregated by the reason 

16 for each such denial. 

17 (3) FORM.—Each report required under para18 graph (1) shall be submitted in unclassified form, 

19 but may include a classified annex. 

20 (4) PUBLIC REPORTS.—The Secretary of State 

21 shall make each report submitted under this sub22 section available to the public on the internet website 

23 of the Department of State. 

24 (g) SATISFACTION OF OTHER REQUIREMENTS.— 

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1 gees of special humanitarian concern under the refugee 

2 resettlement priority system shall be considered to satisfy 

3 the requirements under section 207 of the Immigration 

4 and Nationality Act (8 U.S.C. 1157) for admission to the 

5 United States. 

6 SEC. 19. EXTENSION OF PROHIBITION ON COMMERCIAL EX7 PORT OF COVERED MUNITIONS ITEMS TO 

8 THE HONG KONG POLICE FORCE. 

9 Section 3 of the Act entitled ‘‘An Act to prohibit the 

10 commercial export of covered munitions items to the Hong 

11 Kong Police Force’’, approved November 27, 2019 (Public 

12 Law 116–77; 133 Stat. 1173), is amended by striking 

13 ‘‘shall expire’’ and all that follows and inserting ‘‘shall ex14 pire on December 31, 2034.’’. 

Æ 


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