SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hong Kong People’s 
Freedom and Choice Act of 2020’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) JOINT
DECLARATION.—The term ‘‘Joint 
Declaration’’ means the Joint Declaration of the 
Government of the United Kingdom of Great Britain 
and Northern Ireland and the Government of the 
People’s Republic of China on the Question of Hong 
Kong, 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— 
(i) holds no right to citizenship in any 
country or jurisdiction other than the Peo-
ple’s Republic of China (referred to in this 
Act as ‘‘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 10 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 section 7 of this 
Act; or 
(B) the spouse of a person described in 
subparagraph (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 
Safeguarding National Security in the Hong Kong 
Special Administrative Region that was passed 
unanimously by the National People’s Congress and 
signed by President Xi Jinping on June 30, 2020, 
and promulgated in the Hong Kong Special Admin-
istrative Region (referred to in this Act as ‘‘Hong 
Kong SAR’’) on July 1, 2020. 
(4) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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. 
SEC. 3. 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 (re-
ferred to in this Act as ‘‘the Basic Law’’) that 
provides in Article 23 that the Legislative 
Council of Hong Kong shall enact legislation re-
lated to national security; 
(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 pro-
mulgation 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 persons under U.S. law with respect to the 
issuance of immigrant and nonimmigrant visas. 
(3) The United States has a long and proud 
history as a destination for refugees and asylees flee-
ing persecution based on race, religion, nationality, 
political opinion, or membership in a particular so-
cial 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. 
(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 peo-
ple of the United States and those individuals seek-
ing to contribute to a free, open society founded on 
democracy, human rights, and the respect for the 
rule of law.
(6) The United States has reaped enormous 
economic, 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. 
SEC. 4. 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), namely that— 
(A) the United States has ‘‘a strong inter-
est in the continued vitality, prosperity, and 
stability 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 eco-
nomic prosperity’’; and 
(D) Hong Kong must remain sufficiently 
autonomous from the PRC to ‘‘justify treat-
ment under a particular law of the United 
States, or any provision thereof, different from 
that accorded the People’s Republic of China’’; 
(2) to continue to support the high degree of 
autonomy and fundamental rights and freedoms of 
the people of Hong Kong, as enumerated by— 
(A) the 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 aspi-
rations of the people of Hong Kong, including the 
‘‘ultimate aim’’ of the selection of the Chief Execu-
tive 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 en-
suring that Hong Kong voters freely enjoy the right 
to elect the Chief Executive and all members of the 
Hong Kong Legislative Council by universal suf-
frage; 
(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 es-
tablishment of open and direct democratic elections 
for all members of the Hong Kong Legislative Coun-
cil; 
(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 Inter-
national 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 pro-
vided by the International Covenant on Civil and Po-
litical Rights, and any encroachment upon the au-
tonomy 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 
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 
otherwise seeking a safe haven from violations by
the Government of the PRC of the fundamental 
rights of the people of Hong Kong. 
SEC. 5. TEMPORARY PROTECTED STATUS FOR HONG KONG 
RESIDENTS IN THE UNITED STATES. 
(a) DESIGNATION.— 
(1) IN GENERAL.—For purposes of section 244 
of the Immigration and Nationality Act (8 U.S.C. 
1254a), Hong Kong shall be treated as if it had 
been designated under subsection (b)(1)(C) of that 
section, subject to the provisions of this section. 
(2) PERIOD OF DESIGNATION.—The initial pe-
riod of the designation referred to in paragraph (1) 
shall be for the 18-month period beginning on the 
date of enactment of this Act. 
(b) ALIENS ELIGIBLE.—As a result of the designa-
tion made under subsection (a), an alien is deemed to sat-
isfy the requirements under paragraph (1) of section 
244(c) of the Immigration and Nationality Act (8 U.S.C. 
1254a(c)), subject to paragraph (3) of such section, if the 
alien— 
(1) was a permanent resident of Hong Kong at 
the time such individual arrived into the United 
States and is a national of the PRC (or in the case 
of an individual having no nationality, is a person 
who last habitually resided in Hong Kong);
(2) has been continuously physically present in 
the United States since the date of the enactment of 
this Act; 
(3) is admissible as an immigrant, except as 
otherwise provided in paragraph (2)(A) of such sec-
tion, and is not ineligible for temporary protected 
status under paragraph (2)(B) of such section; and 
(4) registers for temporary protected status in 
a manner established by the Secretary of Homeland 
Security. 
(c) CONSENT TO TRAVEL ABROAD.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall give prior consent to travel abroad, in 
accordance with section 244(f)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1254a(f)(3)), to 
an alien who is granted temporary protected status 
pursuant to the designation made under subsection 
(a) if the alien establishes to the satisfaction of the 
Secretary of Homeland Security that emergency and 
extenuating circumstances beyond the control of the 
alien require the alien to depart for a brief, tem-
porary trip abroad. 
(2) TREATMENT UPON RETURN.—An alien re-
turning to the United States in accordance with an 
authorization described in paragraph (1) shall be
treated as any other returning alien provided tem-
porary protected status under section 244 of the Im-
migration and Nationality Act (8 U.S.C. 1254a). 
(d) FEE.— 
(1) IN GENERAL.—In addition to any other fee 
authorized by law, the Secretary of Homeland Secu-
rity is authorized to charge and collect a fee of $360 
for each application for temporary protected status 
under section 244 of the Immigration and Nation-
ality Act by a person who is only eligible for such 
status by reason of subsection (a). 
(2) WAIVER.—The Secretary of Homeland Se-
curity shall permit aliens to apply for a waiver of 
any fees associated with filing an application re-
ferred to in paragraph (1). 
SEC. 6. TREATMENT OF HONG KONG RESIDENTS FOR IMMI-
GRATION PURPOSES. 
Notwithstanding any other provision of law, during 
the 5 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 Nationality Act 
of 1990 (Public Law 101–649) for purposes of the numer-
ical limitations on immigrant visas under sections 201,
202, and 203 of the Immigration and Nationality Act (8 
U.S.C. 1151, 1152, and 1153). 
SEC. 7. VERIFICATION OF HONG KONG PRIORITY RESI-
DENTS. 
(a) 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 Homeland Security, 
shall publish in the Federal Register, an interim final rule 
establishing procedures for designation of Hong Kong Pri-
ority Residents. Notwithstanding section 553 of title 5, 
United States Code, the rule shall be effective, on an in-
terim basis, immediately upon publication, but may be 
subject to change and revision after public notice and op-
portunity for comment. The Secretary of State shall final-
ize such rule not later than 1 year after the date of the 
enactment of this Act. Such rule shall establish proce-
dures— 
(1) for individuals to register with any United 
States embassy or consulate outside of the United 
States, or with the Department of Homeland Secu-
rity in the United States, and request designation as 
a Priority Hong Kong Resident; and 
(2) for the appropriate Secretary to verify the 
residency of registered individuals and designate 
those who qualify as Priority Hong Kong Residents.
(b) DOCUMENTATION.—The procedures described in 
subsection (a) shall include the collection of— 
(1) biometric data; 
(2) copies of birth certificates, residency cards, 
and other documentation establishing residency; and 
(3) other personal information, data, and 
records deemed appropriate by the Secretary. 
(c) 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 enhance the abil-
ity of the Secretary to efficiently send and receive informa-
tion to and from the United Kingdom and other like-mind-
ed allies and partners for purposes of rapid verification 
of permanent residency in Hong Kong and designation of 
individuals as Priority Hong Kong Residents. 
(d) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit a report to the House Committees on Foreign Af-
fairs and the Judiciary and the Senate Committees on 
Foreign Relations and the Judiciary detailing plans to im-
plement the requirements described in this subsection. 
(e) PROTECTION FOR REFUGEES.—Nothing in this 
section shall be construed to prevent a Priority Hong 
Kong Resident from seeking refugee status under section 
207 of the Immigration and Nationality Act (8 U.S.C.
1157) or requesting asylum under section 208 of such Act 
(8 U.S.C. 1158). 
SEC. 8. REPORTING REQUIREMENTS. 
(a) IN GENERAL.—On an annual basis, the Secretary 
of State and the Secretary of Homeland Security, in con-
sultation with other Federal agencies, as appropriate, shall 
submit a report to the appropriate congressional commit-
tees, detailing for the previous fiscal year— 
(1) the number of Hong Kong SAR residents 
who have applied for U.S. visas or immigration ben-
efits, disaggregated by visa type or immigration ben-
efit, including asylum, refugee status, temporary 
protected status, and lawful permanent residence; 
(2) the number of approvals, denials, or rejec-
tions of applicants for visas or immigration benefits 
described in paragraph (1), disaggregated by visa 
type or immigration benefit and basis for denial; 
(3) the number of pending refugee and asylum 
applications for Hong Kong SAR residents, and the 
length of time and reason for which such applica-
tions have been pending; and 
(4) other matters deemed relevant by the Secre-
taries relating to efforts to protect and facilitate the 
resettlement of refugees and victims of persecution 
in Hong Kong.
(b) FORM.—Each report under subsection (a) shall 
be submitted in unclassified form and published on a text- 
searchable, publicly available website of the Department 
of State and the Department of Homeland Security. 
SEC. 9. STRATEGY FOR INTERNATIONAL COOPERATION ON 
HONG KONG. 
(a) IN GENERAL.—It is the policy of the United 
States— 
(1) to support the people of Hong Kong by pro-
viding safe haven to Hong Kong SAR residents who 
are nationals of the PRC following the enactment of 
the Hong Kong National Security Law that places 
certain Hong Kong persons at risk of persecution; 
and 
(2) to encourage like-minded nations to make 
similar accommodations for Hong Kong people flee-
ing persecution by the Government of the PRC. 
(b) PLAN.—The Secretary of State, in consultation 
with the heads of other Federal agencies, as appropriate, 
shall develop a plan to engage with other nations, includ-
ing the United Kingdom, on cooperative efforts to— 
(1) provide refugee and asylum protections for 
victims of, and individuals with a fear of, persecu-
tion in Hong Kong, either by Hong Kong authorities 
or other authorities acting on behalf of the PRC;
(2) enhance protocols to facilitate the resettle-
ment of refugees and displaced persons from Hong 
Kong; 
(3) identify and prevent the exploitation of im-
migration and visa policies and procedures by cor-
rupt officials; and 
(4) expedite the sharing of information, as ap-
propriate, related to the refusal of individual appli-
cations for visas or other travel documents sub-
mitted by residents of the Hong Kong SAR based 
on— 
(A) national security or related grounds 
under section 212(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)); or 
(B) fraud or misrepresentation under sec-
tion 212(a)(6)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(6)(C)). 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State, in 
consultation with the heads of other Federal agencies, as 
appropriate, shall submit a report on the plan described 
in subsection (b) to the appropriate congressional commit-
tees.
SEC. 10. REFUGEE STATUS FOR CERTAIN RESIDENTS OF 
HONG KONG. 
(a) IN GENERAL.—Aliens described in subsection (b) 
may establish, for purposes of admission as a refugee 
under sections 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) or asylum under section 208 of such 
Act (8 U.S.C. 1158), that such alien has a well-founded 
fear of persecution on account of race, religion, nation-
ality, membership in a particular social group, or political 
opinion by asserting such a fear and a credible basis for 
concern about the possibility of such persecution. 
(b) ALIENS DESCRIBED.— 
(1) IN GENERAL.—An alien is described in this 
subsection if such alien— 
(A) is a Priority Hong Kong Resident 
and— 
(i) had a significant role in a civil so-
ciety organization supportive of the pro-
tests in 2019 and 2020 related to the 
Hong Kong National Security Law and the 
encroachment on the autonomy of Hong 
Kong by the PRC; 
(ii) was arrested, charged, detained, 
or convicted of an offense arising from 
their participation in an action as de-
scribed in section 206(b)(2) of the United
States-Hong Kong Policy Act of 1992 (22 
U.S.C. 5726(b)(2)) that was not violent in 
nature; or 
(iii) has had their citizenship, nation-
ality, or residency revoked for having sub-
mitted to any United States Government 
agency a nonfrivolous application for ref-
ugee status, asylum, or any other immigra-
tion benefit under the immigration laws 
(as defined in section 101(a) of that Act (8 
U.S.C. 1101(a))); 
(B) is a Priority Hong Kong Resident 
spouse or child of an alien described in sub-
paragraph (A); or 
(C) is the parent of an alien described in 
subparagraph (A), if such parent is a citizen of 
the PRC and no other foreign state. 
(2) OTHER
CATEGORIES.—The Secretary of 
Homeland Security, in consultation with the Sec-
retary of State, may designate other categories of 
aliens for purposes of establishing a well-founded 
fear of persecution under subsection (a) if such 
aliens share common characteristics that identify 
them as targets of persecution in the PRC on ac-
count of race, religion, nationality, membership in a 
particular social group, or political opinion. 
(3) SIGNIFICANT
ROLE.—For purposes of 
clause (i) of subsection (b)(1)(A), a significant role 
shall include, with respect to the protests described 
in such clause— 
(A) an organizing role; 
(B) a first aid responder; 
(C) a journalist or member of the media 
covering or offering public commentary; 
(D) a provider of legal services to one or 
more individuals arrested for participating in 
such protests; or 
(E) a participant who during the period 
beginning on June 9, 2019, and ending on June 
30, 2020, was arrested, charged, detained, or 
convicted as a result of such participation. 
(c) AGE OUT PROTECTIONS.—For purposes of this 
section, a determination of whether an alien is a child shall 
be made using the age of the alien on the date on which 
the alien files an application for refugee or asylum status 
with the Secretary of Homeland Security. 
(d) EXCLUSION FROM NUMERICAL LIMITATIONS.— 
Aliens provided refugee status under this section shall not 
be counted against the numerical limitation on refugees
established in accordance with the procedures described in 
section 207 of the Immigration and Nationality Act (8 
U.S.C. 1157). 
(e) REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and every 90 
days thereafter, the Secretary of State and the Sec-
retary of Homeland Security shall submit a report 
on the matters described in paragraph (2) to— 
(A) the Committee on the Judiciary and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on the Judiciary and 
the Committee on Foreign Affairs of the House 
of Representatives. 
(2) MATTERS TO BE INCLUDED.—Each report 
required by paragraph (1) shall include— 
(A) the total number of refugee and asy-
lum applications that are pending at the end of 
the reporting period; 
(B) the average wait-times for all appli-
cants for refugee status or asylum pending— 
(i) a prescreening interview with a re-
settlement support center;
(ii) an interview with U.S. Citizenship 
and Immigration Services; and 
(iii) the completion of security checks; 
(C) the number of approvals, referrals in-
cluding the source of the referral, denials of ap-
plications 
for 
refugee 
status 
or 
asylum, 
disaggregated by the reason for each such de-
nial; and 
(D) the number of refugee circuit rides to 
interview populations that would include Hong 
Kong SAR completed in the last 90 days, and 
the number planned for the subsequent 90-day 
period. 
(3) FORM.—Each report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
(4) PUBLIC REPORTS.—The Secretary of State 
shall make each report submitted under this sub-
section available to the public on the internet website 
of the Department of State. 
SEC. 11. STATEMENT OF POLICY ON ENCOURAGING ALLIES 
AND PARTNERS TO MAKE SIMILAR ACCOM-
MODATIONS. 
It is the policy of the United States to encourage al-
lies and partners of the United States to make accom-
modations similar to the accommodations made in this Act 
for residents of the Hong Kong Special Administrative Re-
gion who are fleeing oppression by the Government of the 
People’s Republic of China. 
SEC. 12. TERMINATION. 
Except as provided in section 6 of this Act, this Act 
shall cease to have effect on the date that is 5 years after 
the date of the enactment of this Act. 
Passed the House of Representatives December 7, 
2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 8428 
AN ACT 
To provide for temporary protected status for 
residents of Hong Kong, and for other purposes.