IIB 

116TH CONGRESS 

2D SESSION H. R. 8428 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2020 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To provide for temporary protected status for residents of 

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, 


pbinns on DSKJLVW7X2PROD with BILLS
2 

HR 8428 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Hong Kong People’s 

3 Freedom and Choice Act of 2020’’. 

4 SEC. 2. DEFINITIONS. 

5 For purposes of this Act: 

6 (1) JOINT DECLARATION.—The term ‘‘Joint 

7 Declaration’’ means the Joint Declaration of the 

8 Government of the United Kingdom of Great Britain 

9 and Northern Ireland and the Government of the 

10 People’s Republic of China on the Question of Hong 

11 Kong, signed on December 19, 1984, and entered 

12 into force on May 27, 1985. 

13 (2) PRIORITY HONG KONG RESIDENT.—The 

14 term ‘‘Priority Hong Kong resident’’ means— 

15 (A) a permanent resident of Hong Kong 

16 who— 

17 (i) holds no right to citizenship in any 

18 country or jurisdiction other than the Peo19 ple’s Republic of China (referred to in this 

20 Act as ‘‘PRC’’), Hong Kong, or Macau as 

21 of the date of enactment of this Act; 

22 (ii) has resided in Hong Kong for not 

23 less than the last 10 years as of the date 

24 of enactment of this Act; and 

25 (iii) has been designated by the Sec26 retary of State or Secretary of Homeland 


pbinns on DSKJLVW7X2PROD with BILLS
3 

HR 8428 RFS

1 Security as having met the requirements of 

2 this subparagraph, in accordance with the 

3 procedures described in section 7 of this 

4 Act; or 

5 (B) the spouse of a person described in 

6 subparagraph (A), or the child of such person 

7 as such term is defined in section 101(b)(1) of 

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

9 1101(b)(1)), except that a child shall be an un10 married person under twenty-seven years of 

11 age. 

12 (3) HONG KONG NATIONAL SECURITY LAW.— 

13 The term ‘‘Hong Kong National Security Law’’ 

14 means the Law of the People’s Republic of China on 

15 Safeguarding National Security in the Hong Kong 

16 Special Administrative Region that was passed 

17 unanimously by the National People’s Congress and 

18 signed by President Xi Jinping on June 30, 2020, 

19 and promulgated in the Hong Kong Special Admin20 istrative Region (referred to in this Act as ‘‘Hong 

21 Kong SAR’’) on July 1, 2020. 

22 (4) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


pbinns on DSKJLVW7X2PROD with BILLS
4 

HR 8428 RFS

1 (A) the Committee on Foreign Affairs and 

2 the Committee on the Judiciary of the House of 

3 Representatives; and 

4 (B) the Committee on Foreign Relations 

5 and the Committee on the Judiciary of the Sen6 ate. 

7 SEC. 3. FINDINGS. 

8 Congress finds the following: 

9 (1) The Hong Kong National Security Law pro10 mulgated on July 1, 2020— 

11 (A) contravenes the Basic Law of the 

12 Hong Kong Special Administrative Region (re13 ferred to in this Act as ‘‘the Basic Law’’) that 

14 provides in Article 23 that the Legislative 

15 Council of Hong Kong shall enact legislation re16 lated to national security; 

17 (B) violates the PRC’s commitments under 

18 international law, as defined by the Joint Dec19 laration; and 

20 (C) causes severe and irreparable damage 

21 to the ‘‘one country, two systems’’ principle and 

22 further erodes global confidence in the PRC’s 

23 commitment to international law. 

24 (2) On July 14, 2020, in response to the pro25 mulgation of the Hong Kong National Security Law, 


pbinns on DSKJLVW7X2PROD with BILLS
5 

HR 8428 RFS

1 President Trump signed an Executive order on 

2 Hong Kong normalization that, among other policy 

3 actions, suspended the special treatment of Hong 

4 Kong persons under U.S. law with respect to the 

5 issuance of immigrant and nonimmigrant visas. 

6 (3) The United States has a long and proud 

7 history as a destination for refugees and asylees flee8 ing persecution based on race, religion, nationality, 

9 political opinion, or membership in a particular so10 cial group. 

11 (4) The United States also shares deep social, 

12 cultural, and economic ties with the people of Hong 

13 Kong, including a shared commitment to democracy, 

14 to the rule of law, and to the protection of human 

15 rights. 

16 (5) The United States has sheltered, protected, 

17 and welcomed individuals who have fled authori18 tarian regimes, including citizens from the PRC fol19 lowing the violent June 4, 1989, crackdown in 

20 Tiananmen Square, deepening ties between the peo21 ple of the United States and those individuals seek22 ing to contribute to a free, open society founded on 

23 democracy, human rights, and the respect for the 

24 rule of law. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

HR 8428 RFS

1 (6) The United States has reaped enormous 

2 economic, cultural, and strategic benefits from wel3 coming successive generations of scientists, doctors, 

4 entrepreneurs, artists, intellectuals, and other free5 dom-loving people fleeing fascism, communism, vio6 lent Islamist extremism, and other repressive 

7 ideologies, including in the cases of Nazi Germany, 

8 the Soviet Union, and Soviet-controlled Central Eu9 rope, Cuba, Vietnam, and Iran. 

10 (7) A major asymmetric advantage of the 

11 United States in its long-term strategic competition 

12 with the Communist Party of China is the ability of 

13 people from every country in the world, irrespective 

14 of their race, ethnicity, or religion, to immigrate to 

15 the United States and become American citizens. 

16 SEC. 4. STATEMENT OF POLICY. 

17 It is the policy of the United States— 

18 (1) to reaffirm the principles and objectives set 

19 forth in the United States-Hong Kong Policy Act of 

20 1992 (Public Law 102–383), namely that— 

21 (A) the United States has ‘‘a strong inter22 est in the continued vitality, prosperity, and 

23 stability of Hong Kong’’; 

24 (B) ‘‘support for democratization is a fun25 damental principle of United States foreign polVerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428

pbinns on DSKJLVW7X2PROD with BILLS
7 

HR 8428 RFS

1 icy’’ and therefore ‘‘naturally applies to United 

2 States policy toward Hong Kong’’; 

3 (C) ‘‘the human rights of the people of 

4 Hong Kong are of great importance to the 

5 United States and are directly relevant to 

6 United States interests in Hong Kong and 

7 serve as a basis for Hong Kong’s continued eco8 nomic prosperity’’; and 

9 (D) Hong Kong must remain sufficiently 

10 autonomous from the PRC to ‘‘justify treat11 ment under a particular law of the United 

12 States, or any provision thereof, different from 

13 that accorded the People’s Republic of China’’; 

14 (2) to continue to support the high degree of 

15 autonomy and fundamental rights and freedoms of 

16 the people of Hong Kong, as enumerated by— 

17 (A) the Joint Declaration; 

18 (B) the International Covenant on Civil 

19 and Political Rights, done at New York Decem20 ber 19, 1966; and 

21 (C) the Universal Declaration of Human 

22 Rights, done at Paris December 10, 1948; 

23 (3) to continue to support the democratic aspi24 rations of the people of Hong Kong, including the 

25 ‘‘ultimate aim’’ of the selection of the Chief ExecuVerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428

pbinns on DSKJLVW7X2PROD with BILLS
8 

HR 8428 RFS

1 tive and all members of the Legislative Council by 

2 universal suffrage, as articulated in the Basic Law; 

3 (4) to urge the Government of the PRC, despite 

4 its recent actions, to uphold its commitments to 

5 Hong Kong, including allowing the people of Hong 

6 Kong to govern Hong Kong with a high degree of 

7 autonomy and without undue interference, and en8 suring that Hong Kong voters freely enjoy the right 

9 to elect the Chief Executive and all members of the 

10 Hong Kong Legislative Council by universal suf11 frage; 

12 (5) to support the establishment of a genuine 

13 democratic option to freely and fairly nominate and 

14 elect the Chief Executive of Hong Kong, and the es15 tablishment of open and direct democratic elections 

16 for all members of the Hong Kong Legislative Coun17 cil; 

18 (6) to support the robust exercise by residents 

19 of Hong Kong of the rights to free speech, the press, 

20 and other fundamental freedoms, as provided by the 

21 Basic Law, the Joint Declaration, and the Inter22 national Covenant on Civil and Political Rights; 

23 (7) to support freedom from arbitrary or unlaw24 ful arrest, detention, or imprisonment for all Hong 

25 Kong residents, as provided by the Basic Law, the 


pbinns on DSKJLVW7X2PROD with BILLS
9 

HR 8428 RFS

1 Joint Declaration, and the International Covenant 

2 on Civil and Political Rights; 

3 (8) to draw international attention to any viola4 tions by the Government of the PRC of the funda5 mental rights of the people of Hong Kong, as pro6 vided by the International Covenant on Civil and Po7 litical Rights, and any encroachment upon the au8 tonomy guaranteed to Hong Kong by the Basic Law 

9 and the Joint Declaration; 

10 (9) to protect United States citizens and long11 term permanent residents living in Hong Kong, as 

12 well as people visiting and transiting through Hong 

13 Kong; 

14 (10) to maintain the economic and cultural ties 

15 that provide significant benefits to both the United 

16 States and Hong Kong, including the reinstatement 

17 of the Fulbright exchange program with regard to 

18 Hong Kong at the earliest opportunity; 

19 (11) to coordinate with allies, including the 

20 United Kingdom, Australia, Canada, Japan, and the 

21 Republic of Korea, to promote democracy and 

22 human rights in Hong Kong; and 

23 (12) to welcome and protect in the United 

24 States residents of Hong Kong fleeing persecution or 

25 otherwise seeking a safe haven from violations by 


pbinns on DSKJLVW7X2PROD with BILLS
10 

HR 8428 RFS

1 the Government of the PRC of the fundamental 

2 rights of the people of Hong Kong. 

3 SEC. 5. TEMPORARY PROTECTED STATUS FOR HONG KONG 

4 RESIDENTS IN THE UNITED STATES. 

5 (a) DESIGNATION.— 

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

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

8 1254a), Hong Kong shall be treated as if it had 

9 been designated under subsection (b)(1)(C) of that 

10 section, subject to the provisions of this section. 

11 (2) PERIOD OF DESIGNATION.—The initial pe12 riod of the designation referred to in paragraph (1) 

13 shall be for the 18-month period beginning on the 

14 date of enactment of this Act. 

15 (b) ALIENS ELIGIBLE.—As a result of the designa16 tion made under subsection (a), an alien is deemed to sat17 isfy the requirements under paragraph (1) of section 

18 244(c) of the Immigration and Nationality Act (8 U.S.C. 

19 1254a(c)), subject to paragraph (3) of such section, if the 

20 alien— 

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

22 the time such individual arrived into the United 

23 States and is a national of the PRC (or in the case 

24 of an individual having no nationality, is a person 

25 who last habitually resided in Hong Kong); 


pbinns on DSKJLVW7X2PROD with BILLS
11 

HR 8428 RFS

1 (2) has been continuously physically present in 

2 the United States since the date of the enactment of 

3 this Act; 

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

5 otherwise provided in paragraph (2)(A) of such sec6 tion, and is not ineligible for temporary protected 

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

8 (4) registers for temporary protected status in 

9 a manner established by the Secretary of Homeland 

10 Security. 

11 (c) CONSENT TO TRAVEL ABROAD.— 

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

13 Security shall give prior consent to travel abroad, in 

14 accordance with section 244(f)(3) of the Immigra15 tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 

16 an alien who is granted temporary protected status 

17 pursuant to the designation made under subsection 

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

19 Secretary of Homeland Security that emergency and 

20 extenuating circumstances beyond the control of the 

21 alien require the alien to depart for a brief, tem22 porary trip abroad. 

23 (2) TREATMENT UPON RETURN.—An alien re24 turning to the United States in accordance with an 

25 authorization described in paragraph (1) shall be 


pbinns on DSKJLVW7X2PROD with BILLS
12 

HR 8428 RFS

1 treated as any other returning alien provided tem2 porary protected status under section 244 of the Im3 migration and Nationality Act (8 U.S.C. 1254a). 

4 (d) FEE.— 

5 (1) IN GENERAL.—In addition to any other fee 

6 authorized by law, the Secretary of Homeland Secu7 rity is authorized to charge and collect a fee of $360 

8 for each application for temporary protected status 

9 under section 244 of the Immigration and Nation10 ality Act by a person who is only eligible for such 

11 status by reason of subsection (a). 

12 (2) WAIVER.—The Secretary of Homeland Se13 curity shall permit aliens to apply for a waiver of 

14 any fees associated with filing an application re15 ferred to in paragraph (1). 

16 SEC. 6. TREATMENT OF HONG KONG RESIDENTS FOR IMMI17 GRATION PURPOSES. 

18 Notwithstanding any other provision of law, during 

19 the 5 fiscal year period beginning on the first day of the 

20 first full fiscal year after the date of enactment of this 

21 Act, Hong Kong shall continue to be considered a foreign 

22 state separate and apart from the PRC as mandated 

23 under section 103 of the Immigration and Nationality Act 

24 of 1990 (Public Law 101–649) for purposes of the numer25 ical limitations on immigrant visas under sections 201, 


pbinns on DSKJLVW7X2PROD with BILLS
13 

HR 8428 RFS

1 202, and 203 of the Immigration and Nationality Act (8 

2 U.S.C. 1151, 1152, and 1153). 

3 SEC. 7. VERIFICATION OF HONG KONG PRIORITY RESI4 DENTS. 

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

6 date of the enactment of this Act, the Secretary of State, 

7 in consultation with the Secretary of Homeland Security, 

8 shall publish in the Federal Register, an interim final rule 

9 establishing procedures for designation of Hong Kong Pri10 ority Residents. Notwithstanding section 553 of title 5, 

11 United States Code, the rule shall be effective, on an in12 terim basis, immediately upon publication, but may be 

13 subject to change and revision after public notice and op14 portunity for comment. The Secretary of State shall final15 ize such rule not later than 1 year after the date of the 

16 enactment of this Act. Such rule shall establish proce17 dures— 

18 (1) for individuals to register with any United 

19 States embassy or consulate outside of the United 

20 States, or with the Department of Homeland Secu21 rity in the United States, and request designation as 

22 a Priority Hong Kong Resident; and 

23 (2) for the appropriate Secretary to verify the 

24 residency of registered individuals and designate 

25 those who qualify as Priority Hong Kong Residents. 


pbinns on DSKJLVW7X2PROD with BILLS
14 

HR 8428 RFS

1 (b) DOCUMENTATION.—The procedures described in 

2 subsection (a) shall include the collection of— 

3 (1) biometric data; 

4 (2) copies of birth certificates, residency cards, 

5 and other documentation establishing residency; and 

6 (3) other personal information, data, and 

7 records deemed appropriate by the Secretary. 

8 (c) GUIDANCE.—Not later than 90 days after the 

9 date of the enactment of this Act, the Secretary of State 

10 shall issue guidance outlining actions to enhance the abil11 ity of the Secretary to efficiently send and receive informa12 tion to and from the United Kingdom and other like-mind13 ed allies and partners for purposes of rapid verification 

14 of permanent residency in Hong Kong and designation of 

15 individuals as Priority Hong Kong Residents. 

16 (d) REPORT.—Not later than 90 days after the date 

17 of the enactment of this Act, the Secretary of State shall 

18 submit a report to the House Committees on Foreign Af19 fairs and the Judiciary and the Senate Committees on 

20 Foreign Relations and the Judiciary detailing plans to im21 plement the requirements described in this subsection. 

22 (e) PROTECTION FOR REFUGEES.—Nothing in this 

23 section shall be construed to prevent a Priority Hong 

24 Kong Resident from seeking refugee status under section 

25 207 of the Immigration and Nationality Act (8 U.S.C. 


pbinns on DSKJLVW7X2PROD with BILLS
15 

HR 8428 RFS

1 1157) or requesting asylum under section 208 of such Act 

2 (8 U.S.C. 1158). 

3 SEC. 8. REPORTING REQUIREMENTS. 

4 (a) IN GENERAL.—On an annual basis, the Secretary 

5 of State and the Secretary of Homeland Security, in con6 sultation with other Federal agencies, as appropriate, shall 

7 submit a report to the appropriate congressional commit8 tees, detailing for the previous fiscal year— 

9 (1) the number of Hong Kong SAR residents 

10 who have applied for U.S. visas or immigration ben11 efits, disaggregated by visa type or immigration ben12 efit, including asylum, refugee status, temporary 

13 protected status, and lawful permanent residence; 

14 (2) the number of approvals, denials, or rejec15 tions of applicants for visas or immigration benefits 

16 described in paragraph (1), disaggregated by visa 

17 type or immigration benefit and basis for denial; 

18 (3) the number of pending refugee and asylum 

19 applications for Hong Kong SAR residents, and the 

20 length of time and reason for which such applica21 tions have been pending; and 

22 (4) other matters deemed relevant by the Secre23 taries relating to efforts to protect and facilitate the 

24 resettlement of refugees and victims of persecution 

25 in Hong Kong. 


pbinns on DSKJLVW7X2PROD with BILLS
16 

HR 8428 RFS

1 (b) FORM.—Each report under subsection (a) shall 

2 be submitted in unclassified form and published on a text3 searchable, publicly available website of the Department 

4 of State and the Department of Homeland Security. 

5 SEC. 9. STRATEGY FOR INTERNATIONAL COOPERATION ON 

6 HONG KONG. 

7 (a) IN GENERAL.—It is the policy of the United 

8 States— 

9 (1) to support the people of Hong Kong by pro10 viding safe haven to Hong Kong SAR residents who 

11 are nationals of the PRC following the enactment of 

12 the Hong Kong National Security Law that places 

13 certain Hong Kong persons at risk of persecution; 

14 and 

15 (2) to encourage like-minded nations to make 

16 similar accommodations for Hong Kong people flee17 ing persecution by the Government of the PRC. 

18 (b) PLAN.—The Secretary of State, in consultation 

19 with the heads of other Federal agencies, as appropriate, 

20 shall develop a plan to engage with other nations, includ21 ing the United Kingdom, on cooperative efforts to— 

22 (1) provide refugee and asylum protections for 

23 victims of, and individuals with a fear of, persecu24 tion in Hong Kong, either by Hong Kong authorities 

25 or other authorities acting on behalf of the PRC; 


pbinns on DSKJLVW7X2PROD with BILLS
17 

HR 8428 RFS

1 (2) enhance protocols to facilitate the resettle2 ment of refugees and displaced persons from Hong 

3 Kong; 

4 (3) identify and prevent the exploitation of im5 migration and visa policies and procedures by cor6 rupt officials; and 

7 (4) expedite the sharing of information, as ap8 propriate, related to the refusal of individual appli9 cations for visas or other travel documents sub10 mitted by residents of the Hong Kong SAR based 

11 on— 

12 (A) national security or related grounds 

13 under section 212(a)(3) of the Immigration and 

14 Nationality Act (8 U.S.C. 1182(a)(3)); or 

15 (B) fraud or misrepresentation under sec16 tion 212(a)(6)(C) of the Immigration and Na17 tionality Act (8 U.S.C. 1182(a)(6)(C)). 

18 (c) REPORT.—Not later than 90 days after the date 

19 of the enactment of this Act, the Secretary of State, in 

20 consultation with the heads of other Federal agencies, as 

21 appropriate, shall submit a report on the plan described 

22 in subsection (b) to the appropriate congressional commit23 tees. 


pbinns on DSKJLVW7X2PROD with BILLS
18 

HR 8428 RFS

1 SEC. 10. REFUGEE STATUS FOR CERTAIN RESIDENTS OF 

2 HONG KONG. 

3 (a) IN GENERAL.—Aliens described in subsection (b) 

4 may establish, for purposes of admission as a refugee 

5 under sections 207 of the Immigration and Nationality 

6 Act (8 U.S.C. 1157) or asylum under section 208 of such 

7 Act (8 U.S.C. 1158), that such alien has a well-founded 

8 fear of persecution on account of race, religion, nation9 ality, membership in a particular social group, or political 

10 opinion by asserting such a fear and a credible basis for 

11 concern about the possibility of such persecution. 

12 (b) ALIENS DESCRIBED.— 

13 (1) IN GENERAL.—An alien is described in this 

14 subsection if such alien— 

15 (A) is a Priority Hong Kong Resident 

16 and— 

17 (i) had a significant role in a civil so18 ciety organization supportive of the pro19 tests in 2019 and 2020 related to the 

20 Hong Kong National Security Law and the 

21 encroachment on the autonomy of Hong 

22 Kong by the PRC; 

23 (ii) was arrested, charged, detained, 

24 or convicted of an offense arising from 

25 their participation in an action as de26 scribed in section 206(b)(2) of the United 


pbinns on DSKJLVW7X2PROD with BILLS
19 

HR 8428 RFS

1 States-Hong Kong Policy Act of 1992 (22 

2 U.S.C. 5726(b)(2)) that was not violent in 

3 nature; or 

4 (iii) has had their citizenship, nation5 ality, or residency revoked for having sub6 mitted to any United States Government 

7 agency a nonfrivolous application for ref8 ugee status, asylum, or any other immigra9 tion benefit under the immigration laws 

10 (as defined in section 101(a) of that Act (8 

11 U.S.C. 1101(a))); 

12 (B) is a Priority Hong Kong Resident 

13 spouse or child of an alien described in sub14 paragraph (A); or 

15 (C) is the parent of an alien described in 

16 subparagraph (A), if such parent is a citizen of 

17 the PRC and no other foreign state. 

18 (2) OTHER CATEGORIES.—The Secretary of 

19 Homeland Security, in consultation with the Sec20 retary of State, may designate other categories of 

21 aliens for purposes of establishing a well-founded 

22 fear of persecution under subsection (a) if such 

23 aliens share common characteristics that identify 

24 them as targets of persecution in the PRC on acVerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428

pbinns on DSKJLVW7X2PROD with BILLS
20 

HR 8428 RFS

1 count of race, religion, nationality, membership in a 

2 particular social group, or political opinion. 

3 (3) SIGNIFICANT ROLE.—For purposes of 

4 clause (i) of subsection (b)(1)(A), a significant role 

5 shall include, with respect to the protests described 

6 in such clause— 

7 (A) an organizing role; 

8 (B) a first aid responder; 

9 (C) a journalist or member of the media 

10 covering or offering public commentary; 

11 (D) a provider of legal services to one or 

12 more individuals arrested for participating in 

13 such protests; or 

14 (E) a participant who during the period 

15 beginning on June 9, 2019, and ending on June 

16 30, 2020, was arrested, charged, detained, or 

17 convicted as a result of such participation. 

18 (c) AGE OUT PROTECTIONS.—For purposes of this 

19 section, a determination of whether an alien is a child shall 

20 be made using the age of the alien on the date on which 

21 the alien files an application for refugee or asylum status 

22 with the Secretary of Homeland Security. 

23 (d) EXCLUSION FROM NUMERICAL LIMITATIONS.— 

24 Aliens provided refugee status under this section shall not 

25 be counted against the numerical limitation on refugees 


pbinns on DSKJLVW7X2PROD with BILLS
21 

HR 8428 RFS

1 established in accordance with the procedures described in 

2 section 207 of the Immigration and Nationality Act (8 

3 U.S.C. 1157). 

4 (e) REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date of the enactment of this Act, and every 90 

7 days thereafter, the Secretary of State and the Sec8 retary of Homeland Security shall submit a report 

9 on the matters described in paragraph (2) to— 

10 (A) the Committee on the Judiciary and 

11 the Committee on Foreign Relations of the Sen12 ate; and 

13 (B) the Committee on the Judiciary and 

14 the Committee on Foreign Affairs of the House 

15 of Representatives. 

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

17 required by paragraph (1) shall include— 

18 (A) the total number of refugee and asy19 lum applications that are pending at the end of 

20 the reporting period; 

21 (B) the average wait-times for all appli22 cants for refugee status or asylum pending— 

23 (i) a prescreening interview with a re24 settlement support center; 


pbinns on DSKJLVW7X2PROD with BILLS
22 

HR 8428 RFS

1 (ii) an interview with U.S. Citizenship 

2 and Immigration Services; and 

3 (iii) the completion of security checks; 

4 (C) the number of approvals, referrals in5 cluding the source of the referral, denials of ap6 plications for refugee status or asylum, 

7 disaggregated by the reason for each such de8 nial; and 

9 (D) the number of refugee circuit rides to 

10 interview populations that would include Hong 

11 Kong SAR completed in the last 90 days, and 

12 the number planned for the subsequent 90-day 

13 period. 

14 (3) FORM.—Each report required by paragraph 

15 (1) shall be submitted in unclassified form, but may 

16 include a classified annex. 

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

18 shall make each report submitted under this sub19 section available to the public on the internet website 

20 of the Department of State. 

21 SEC. 11. STATEMENT OF POLICY ON ENCOURAGING ALLIES 

22 AND PARTNERS TO MAKE SIMILAR ACCOM23 MODATIONS. 

24 It is the policy of the United States to encourage al25 lies and partners of the United States to make accomVerDate Sep 11 2014 06:18 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H8428.RFS H8428

pbinns on DSKJLVW7X2PROD with BILLS
23 

HR 8428 RFS

1 modations similar to the accommodations made in this Act 

2 for residents of the Hong Kong Special Administrative Re3 gion who are fleeing oppression by the Government of the 

4 People’s Republic of China. 

5 SEC. 12. TERMINATION. 

6 Except as provided in section 6 of this Act, this Act 

7 shall cease to have effect on the date that is 5 years after 

8 the date of the enactment of this Act. 

Passed the House of Representatives December 7, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


pbinns on DSKJLVW7X2PROD with BILLS