358 
(4) a plan and timeline for implementing out-
comes identified in paragraph (3) to facilitate expan-
sion of Peace Corps presence in the region, where ap-
propriate. 
TITLE III—INVESTING IN OUR 
VALUES 
SEC. 301. STATEMENT OF CONGRESS ON THE CONTINUED 
VIOLATION OF RIGHTS AND FREEDOMS OF 
THE PEOPLE OF HONG KONG. 
(a) FINDINGS.—Congress finds the following: 
(1) Despite international condemnation, the 
Government of the People’s Republic of China 
(‘‘PRC’’) continues to disregard its international 
legal obligations under the Joint Declaration of the 
Government of the United Kingdom of Great Britain 
and Northern Ireland and the Government of the Peo-
ple’s Republic of China on the Question of Hong 
Kong (‘‘Joint Declaration’’), in which the PRC com-
mitted that— 
(A) Hong Kong would enjoy a high degree 
of autonomy; 
(B) for at least 50 years the ‘‘social and 
economic systems in Hong Kong’’ would remain 
unchanged; and 
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(C) the personal rights and freedoms of the 
people of Hong Kong would be protected by law. 
(2) As part of its continued efforts to undermine 
the established rights of the Hong Kong people, the 
PRC National People’s Congress Standing Committee 
(‘‘Standing Committee’’) passed and imposed upon 
Hong Kong oppressive and intentionally vague na-
tional security legislation on June 30, 2020, that 
grants Beijing sweeping powers to punish acts of 
‘‘separating the country, subverting state power, and 
organizing terroristic activities’’. 
(3) The legislative process by which the Standing 
Committee imposed the national security law on 
Hong Kong bypassed Hong Kong’s local government 
in a potential violation of the Basic Law of the Hong 
Kong Special Administrative Region of the People’s 
Republic of China (‘‘Basic Law’’), and involved un-
usual secrecy, as demonstrated by the fact that the 
legislation was only the second law since 2008 that 
the Standing Committee has passed without releasing 
a draft for public comment. 
(4) On July 30, 2020, election officials of the 
Hong Kong Special Administrative Region (HKSAR) 
disqualified twelve pro-democracy candidates from 
participating in the September 6 Legislative Council 
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elections, which were subsequently postponed for a 
year until September 5, 2021, by citing the public 
health risk of holding elections during the COVID–19 
pandemic. 
(5) On July 31, 2020, in an attempt to assert 
extraterritorial jurisdiction, the HKSAR Government 
announced indictments of and arrest warrants for six 
Hong Kong activists living overseas, including United 
States citizen Samuel Chu, for alleged violations of 
the national security law. 
(6) On November 11, 2020, the HKSAR Govern-
ment removed four lawmakers from office for allegedly 
violating the law after the Standing Committee 
passed additional legislation barring those who pro-
moted or supported Hong Kong independence and re-
fused to acknowledge PRC sovereignty over Hong 
Kong, or otherwise violates the national security law, 
from running for or serving in the Legislative Coun-
cil. 
(7) On December 2, 2020, pro-democracy activ-
ists Joshua Wong, Agnes Chow, and Ivan Lam were 
sentenced to prison for participating in 2019 protests. 
(8) Ten of the twelve Hong Kong residents (also 
known as ‘‘the Hong Kong 12’’) who sought to flee by 
boat from Hong Kong to Taiwan on August 23, 2020, 
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were taken to mainland China and sentenced on De-
cember 30, 2020, to prison terms ranging from seven 
months to three years for illegal border crossing. 
(9) On December 31, 2020, Hong Kong’s highest 
court revoked bail for Jimmy Lai Chee-Ying, a pro- 
democracy figure and publisher, who was charged on 
December 12 with colluding with foreign forces and 
endangering national security under the national se-
curity legislation. 
(10) On January 4, 2021, the Departments of 
Justice in Henan and Sichuan province threatened to 
revoke the licenses of two lawyers hired to help the 
Hong Kong 12. 
(11) On January 5, 2021, the Hong Kong Police 
Force arrested more than fifty opposition figures, in-
cluding pro-democracy officials, activists, and an 
American lawyer, for their involvement in an infor-
mal July 2020 primary to select candidates for the 
general election originally scheduled for September 
2020, despite other political parties having held simi-
lar primaries without retribution. 
(12) On April 22, 2021, a Hong Kong court con-
victed Choy Yuk-ling, a video producer with Radio 
Television Hong Kong, in relation to her investigative 
reporting on the Hong Kong police. 
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(13) On June 24, 2021, Apple Daily, Hong 
Kong’s only surviving pro-democracy newspaper, 
published its final edition following months of intimi-
dation and repression by the HKSAR Government, 
including through the arrest of its senior editors, po-
lice raids on its offices, and the freezing of its finan-
cial assets. 
(b) STATEMENT OF CONGRESS.—Congress— 
(1) condemns the actions taken by the Govern-
ment of the People’s Republic of China (‘‘PRC’’) and 
the Government of the Hong Kong Special Adminis-
trative Region (‘‘HKSAR’’), including the adoption 
and implementation of national security legislation 
for Hong Kong through irregular procedures, that vio-
late the rights and freedoms of the people of Hong 
Kong that are guaranteed by the Joint Declaration 
and its implementing document, the Basic Law; 
(2) reaffirms its support for the people of Hong 
Kong, who face grave threats to their rights and free-
doms; 
(3) calls on the Governments of the PRC and 
HKSAR to— 
(A) respect and uphold— 
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(i) commitments made to the inter-
national community and the people of Hong 
Kong under the Joint Declaration; and 
(ii) the judicial independence of the 
Hong Kong legal system; and 
(B) release pro-democracy activists and 
politicians arrested under the national security 
law; and 
(4) encourages the President, the Secretary of 
State, and the Secretary of the Treasury to coordinate 
with allies and partners and continue United States 
efforts to respond to developments in Hong Kong, in-
cluding by— 
(A) providing protection for Hong Kong 
residents who fear persecution; 
(B) supporting those who may seek to file a 
case before the International Court of Justice to 
hold the Government of the PRC accountable for 
violating its binding legal commitments under 
the Joint Declaration; 
(C) encouraging allies and partner coun-
tries to instruct, as appropriate, their respective 
representatives to the United Nations to use their 
voice, vote, and influence to press for the ap-
pointment of a United Nations special mandate 
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holder to monitor and report on human rights 
developments in Hong Kong; 
(D) ensuring the private sector, particularly 
United States companies with economic interests 
in Hong Kong, is aware of risks the national se-
curity legislation poses to the security of United 
States citizens and to the medium and long-term 
interest of United States businesses in Hong 
Kong; 
(E) continuing to implement sanctions au-
thorities, especially authorities recently enacted 
to address actions undermining the rights and 
freedoms of the Hong Kong people, such as the 
Hong Kong Autonomy Act (Public Law 116– 
149) and the Hong Kong Human Rights and 
Democracy Act of 2019 (Public Law 116–76), 
with respect to officials of the Chinese Com-
munist Party, the Government of the PRC, or 
the Government of the HKSAR who are respon-
sible for undermining such rights and freedoms; 
and 
(F) coordinating with allies and partners to 
ensure that such implementation of sanctions is 
multilateral. 
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SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
MOTION OF DEMOCRACY IN HONG KONG. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 for fiscal year 
2022 for the Bureau of Democracy, Human Rights, and 
Labor of the Department of State to promote democracy in 
Hong Kong. 
(b) ADMINISTRATION.—The Secretary of State shall 
designate an office with the Department of State to admin-
ister and coordinate the provision of such funds described 
in subsection (a) within the Department of State and across 
the United States Government. 
SEC. 303. HONG KONG PEOPLE’S FREEDOM AND CHOICE. 
(a) DEFINITIONS.—For purposes of this section: 
(1) JOINT DECLARATION.—The term ‘‘Joint Dec-
laration’’ means the Joint Declaration of the Govern-
ment 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, 
signed on December 19, 1984, and entered into force 
on May 27, 1985. 
(2) PRIORITY HONG KONG RESIDENT.—The term 
‘‘Priority Hong Kong resident’’ means— 
(A) a permanent resident of Hong Kong 
who— 
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(i) holds no right to citizenship in any 
country or jurisdiction other than the Peo-
ple’s Republic of China (referred to in this 
section as the ‘‘PRC’’), Hong Kong, or 
Macau as of the date of enactment of this 
Act; 
(ii) has resided in Hong Kong for not 
less than the last ten years as of the date of 
enactment of this Act; and 
(iii) has been designated by the Sec-
retary of State or Secretary of Homeland 
Security as having met the requirements of 
this subparagraph, in accordance with the 
procedures described in subsection (f) of this 
section; or 
(B) the spouse of a person described in sub-
paragraph (A), or the child of such person as 
such term is defined in section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(b)(1)), except that a child shall be an un-
married person under twenty-seven years of age. 
(3) HONG KONG NATIONAL SECURITY LAW.—The 
term ‘‘Hong Kong National Security Law’’ means the 
Law of the People’s Republic of China on Safe-
guarding National Security in the Hong Kong Spe-
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367 
cial Administrative Region that was passed unani-
mously by the National People’s Congress and signed 
by President Xi Jinping on June 30, 2020, and pro-
mulgated in the Hong Kong Special Administrative 
Region (referred to in this section as ‘‘Hong Kong 
SAR’’) on July 1, 2020. 
(4) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on the Judiciary of the House of 
Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on the Judiciary of the Sen-
ate. 
(b) FINDINGS.—Congress finds the following: 
(1) The Hong Kong National Security Law pro-
mulgated on July 1, 2020— 
(A) contravenes the Basic Law of the Hong 
Kong Special Administrative Region (referred to 
in this Act as ‘‘the Basic Law’’) that provides in 
Article 23 that the Legislative Council of Hong 
Kong shall enact legislation related to national 
security; 
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(B) violates the PRC’s commitments under 
international law, as defined by the Joint Dec-
laration; and 
(C) causes severe and irreparable damage to 
the ‘‘one country, two systems’’ principle and 
further erodes global confidence in the PRC’s 
commitment to international law. 
(2) On July 14, 2020, in response to the promul-
gation of the Hong Kong National Security Law, 
President Trump signed an Executive order on Hong 
Kong normalization that, among other policy actions, 
suspended the special treatment of Hong Kong per-
sons under U.S. law with respect to the issuance of 
immigrant and nonimmigrant visas. 
(3) The United States has a long and proud his-
tory as a destination for refugees and asylees fleeing 
persecution based on race, religion, nationality, polit-
ical opinion, or membership in a particular social 
group. 
(4) The United States also shares deep social, 
cultural, and economic ties with the people of Hong 
Kong, including a shared commitment to democracy, 
to the rule of law, and to the protection of human 
rights. 
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(5) The United States has sheltered, protected, 
and welcomed individuals who have fled authori-
tarian regimes, including citizens from the PRC fol-
lowing the violent June 4, 1989, crackdown in 
Tiananmen Square, deepening ties between the people 
of the United States and those individuals seeking to 
contribute to a free, open society founded on democ-
racy, human rights, and the respect for the rule of 
law. 
(6) The United States has reaped enormous eco-
nomic, cultural, and strategic benefits from wel-
coming successive generations of scientists, doctors, 
entrepreneurs, artists, intellectuals, and other free-
dom-loving people fleeing fascism, communism, vio-
lent 
Islamist 
extremism, 
and 
other 
repressive 
ideologies, including in the cases of Nazi Germany, 
the Soviet Union, and Soviet-controlled Central Eu-
rope, Cuba, Vietnam, and Iran. 
(7) A major asymmetric advantage of the United 
States in its long-term strategic competition with the 
Communist Party of China is the ability of people 
from every country in the world, irrespective of their 
race, ethnicity, or religion, to immigrate to the 
United States and become American citizens. 
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(c) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to reaffirm the principles and objectives set 
forth in the United States-Hong Kong Policy Act of 
1992 (Public Law 102–383), specifically that— 
(A) the United States has ‘‘a strong interest 
in the continued vitality, prosperity, and sta-
bility of Hong Kong’’; 
(B) ‘‘support for democratization is a fun-
damental principle of United States foreign pol-
icy’’, and therefore ‘‘naturally applies to United 
States policy toward Hong Kong’’; 
(C) ‘‘the human rights of the people of Hong 
Kong are of great importance to the United 
States and are directly relevant to United States 
interests in Hong Kong and serve as a basis for 
Hong Kong’s continued economic prosperity’’; 
and 
(D) Hong Kong must remain sufficiently 
autonomous from the PRC to ‘‘justify treatment 
under a particular law of the United States, or 
any provision thereof, different from that ac-
corded the People’s Republic of China’’; 
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(2) to continue to support the high degree of au-
tonomy and fundamental rights and freedoms of the 
people of Hong Kong, as enumerated by— 
(A) the Joint Declaration; 
(B) the International Covenant on Civil 
and Political Rights, done at New York, Decem-
ber 19, 1966; and 
(C) the Universal Declaration of Human 
Rights, done at Paris, December 10, 1948; 
(3) to continue to support the democratic aspira-
tions of the people of Hong Kong, including the ‘‘ulti-
mate aim’’ of the selection of the Chief Executive and 
all members of the Legislative Council by universal 
suffrage, as articulated in the Basic Law; 
(4) to urge the Government of the PRC, despite 
its recent actions, to uphold its commitments to Hong 
Kong, including allowing the people of Hong Kong to 
govern Hong Kong with a high degree of autonomy 
and without undue interference, and ensuring that 
Hong Kong voters freely enjoy the right to elect the 
Chief Executive and all members of the Hong Kong 
Legislative Council by universal suffrage; 
(5) to support the establishment of a genuine 
democratic option to freely and fairly nominate and 
elect the Chief Executive of Hong Kong, and the estab-
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lishment of open and direct democratic elections for 
all members of the Hong Kong Legislative Council; 
(6) to support the robust exercise by residents of 
Hong Kong of the rights to free speech, the press, and 
other fundamental freedoms, as provided by the Basic 
Law, the Joint Declaration, and the International 
Covenant on Civil and Political Rights; 
(7) to support freedom from arbitrary or unlaw-
ful arrest, detention, or imprisonment for all Hong 
Kong residents, as provided by the Basic Law, the 
Joint Declaration, and the International Covenant on 
Civil and Political Rights; 
(8) to draw international attention to any viola-
tions by the Government of the PRC of the funda-
mental rights of the people of Hong Kong, as provided 
by the International Covenant on Civil and Political 
Rights, and any encroachment upon the autonomy 
guaranteed to Hong Kong by the Basic Law and the 
Joint Declaration; 
(9) to protect United States citizens and long- 
term permanent residents living in Hong Kong, as 
well as people visiting and transiting through Hong 
Kong; 
(10) to maintain the economic and cultural ties 
that provide significant benefits to both the United 
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States and Hong Kong, including the reinstatement of 
the Fulbright exchange program with regard to Hong 
Kong at the earliest opportunity; 
(11) to coordinate with allies, including the 
United Kingdom, Australia, Canada, Japan, and the 
Republic of Korea, to promote democracy and human 
rights in Hong Kong; and 
(12) to welcome and protect in the United States 
residents of Hong Kong fleeing persecution or other-
wise seeking a safe haven from violations by the Gov-
ernment of the PRC of the fundamental rights of the 
people of Hong Kong. 
(d) TEMPORARY PROTECTED STATUS FOR HONG KONG 
RESIDENTS IN THE UNITED STATES.— 
(1) DESIGNATION.— 
(A) 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 had been designated under subsection (b)(1)(C) 
of such section, subject to the provisions of this 
section. 
(B) PERIOD OF DESIGNATION.—The initial 
period of the designation referred to in subpara-
graph (A) shall be for the 18-month period begin-
ning on the date of enactment of this Act. 
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374 
(2) ALIENS ELIGIBLE.—As a result of the des-
ignation made under subsection (a), an alien is 
deemed to satisfy the requirements under paragraph 
(1) of section 244(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1254a(c)), subject to paragraph 
(3) of such section, if the alien— 
(A) was a permanent resident of Hong 
Kong at the time such individual arrived into 
the United States and is a national of the PRC 
(or in the case of an individual having no na-
tionality, is a person who last habitually resided 
in Hong Kong); 
(B) 
has 
been 
continuously 
physically 
present in the United States since the date of the 
enactment of this Act; 
(C) 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 
(D) registers for temporary protected status 
in a manner established by the Secretary of 
Homeland Security. 
(3) CONSENT TO TRAVEL ABROAD.— 
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(A) IN GENERAL.—The Secretary of Home-
land 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 tem-
porary protected status pursuant to the designa-
tion made under paragraph (1) if the alien es-
tablishes to the satisfaction of the Secretary of 
Homeland Security that emergency and extenu-
ating circumstances beyond the control of the 
alien require the alien to depart for a brief, tem-
porary trip abroad. 
(B) TREATMENT UPON RETURN.—An alien 
returning to the United States in accordance 
with an authorization described in subparagraph 
(A) shall be treated as any other returning alien 
provided temporary protected status under sec-
tion 244 of the Immigration and Nationality Act 
(8 U.S.C. 1254a). 
(4) FEE.— 
(A) IN GENERAL.—In addition to any other 
fee authorized by law, the Secretary of Homeland 
Security is authorized to charge and collect a fee 
of $360 for each application for temporary pro-
tected status under section 244 of the Immigra-
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tion and Nationality Act by a person who is 
only eligible for such status by reason of para-
graph (1). 
(B) WAIVER.—The Secretary of Homeland 
Security shall permit aliens to apply for a waiv-
er of any fees associated with filing an applica-
tion referred to in subparagraph (A). 
(e) TREATMENT OF HONG KONG RESIDENTS FOR IM-
MIGRATION PURPOSES.—Notwithstanding any other provi-
sion of law, during the five fiscal year period beginning 
on the first day of the first full fiscal year after the date 
of enactment of this Act, Hong Kong shall continue to be 
considered a foreign state separate and apart from the PRC 
as mandated under section 103 of the Immigration and Na-
tionality Act of 1990 (Public Law 101–649) for purposes 
of the numerical limitations on immigrant visas under sec-
tions 201, 202, and 203 of the Immigration and Nation-
ality Act (8 U.S.C. 1151, 1152, and 1153). 
(f) VERIFICATION OF PRIORITY HONG KONG RESI-
DENTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
State, in consultation with the Secretary of Home-
land Security, shall publish in the Federal Register, 
an interim final rule establishing procedures for des-
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ignation of Priority Hong Kong Residents. Notwith-
standing section 553 of title 5, United States Code, 
the rule shall be effective, on an interim basis, imme-
diately upon publication, but may be subject to 
change and revision after public notice and oppor-
tunity for comment. The Secretary of State shall fi-
nalize such rule not later than one year after the date 
of the enactment of this Act. Such rule shall establish 
procedures— 
(A) for individuals to register with any 
United States embassy or consulate outside of the 
United States, or with the Department of Home-
land Security in the United States, and request 
designation as a Priority Hong Kong Resident; 
and 
(B) for the appropriate Secretary to verify 
the residency of registered individuals and des-
ignate those who qualify as Priority Hong Kong 
Residents. 
(2) DOCUMENTATION.—The procedures described 
in paragraph (1) shall include the collection of— 
(A) biometric data; 
(B) copies of birth certificates, residency 
cards, and other documentation establishing resi-
dency; and 
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(C) other personal information, data, and 
records deemed appropriate by the Secretary. 
(3) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of 
State shall issue guidance outlining actions to en-
hance the ability of the Secretary to efficiently send 
and receive information to and from the United 
Kingdom and other like-minded allies and partners 
for purposes of rapid verification of permanent resi-
dency in Hong Kong and designation of individuals 
as Priority Hong Kong Residents. 
(4) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of 
State shall submit to the appropriate congressional 
committees, the Committee on the Judiciary of the 
House of Representatives, and the Committee on the 
Judiciary of the Senate a report detailing plans to 
implement the requirements described in this sub-
section. 
(5) PROTECTION
FOR
REFUGEES.—Nothing in 
this section may be construed to prevent a Priority 
Hong Kong Resident from seeking refugee status 
under section 207 of the Immigration and Nation-
ality Act (8 U.S.C. 1157) or requesting asylum under 
section 208 of such Act (8 U.S.C. 1158). 
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that since 2019, the PRC government has newly con-
structed, expanded, or fortified at least 60 detention 
facilities with higher security or prison-like features 
in Xinjiang. 
(3) The PRC government’s actions against 
Uyghurs, ethnic Kazakhs, Kyrgyz, and members of 
other Muslim minority groups in the XUAR violate 
international human rights laws and norms, includ-
ing— 
(A) the International Convention on the 
Elimination of All Forms of Racial Discrimina-
tion, to which the PRC has acceded; 
(B) the Convention against Torture and 
Other Cruel, Inhuman or Degrading Treatment 
or Punishment, which the PRC has signed and 
ratified; 
(C) The Convention on the Prevention and 
Punishment of the Crime of Genocide, which the 
PRC has signed and ratified; 
(D) the International Covenant on Civil 
and Political Rights, which the PRC has signed; 
and 
(E) the Universal Declaration of Human 
Rights and the International Labor Organiza-
VerDate Sep 11 2014 
21:34 Dec 30, 2022
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Frm 00429
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H3524
kjohnson on DSK79L0C42PROD with BILLS