Hong Kong Policy Act of 2024

Bill: 118-s-5454
Sponsor: full_name: Sen. Cardin, Benjamin L. [D-MD]
Introduced: 2024-12-09
Policy area: International Affairs
Latest action: action_date: 2024-12-09
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5454 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. Short title This Act may be cited as the Hong Kong Policy Act of 2024 . 2. Definitions In this Act: (1) Alien The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (2) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Article 23 The term Article 23 means Article 23 of the Basic Law. (4) Basic Law The term Basic Law means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China. (5) Foreign person The term foreign person means an individual or entity that is not a United States person. (6) Hong Kong SAR The term Hong Kong SAR means the Hong Kong Special Administrative Region of the People's Republic of China. (7) Hong Kong Economic and Trade Offices The term Hong Kong Economic and Trade Offices has the meaning given that term in section 1(c) of the Act entitled An Act to extend certain privileges, exemptions, and immunities to Hong Kong Economic and Trade Offices , approved June 27, 1997 ( 22 U.S.C. 288k ). (8) Joint Declaration The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the question of Hong Kong, done at Beijing December 19, 1984. (9) National Security Law The term Hong Kong National Security Law means the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, signed on June 30, 2020. (10) Safeguarding National Security Ordinance The term Safeguarding National Security Ordinance means the ordinance that implemented Article 23 that was passed by the Legislative Council of the Hong Kong Special Administrative Region on March 19, 2024. (11) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. 3. Findings Section 101 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5711 ) is amended to read as follows: 101. Findings Congress finds the following: (1) The passage and implementation of this Act in 1992 reflected an expectation that the People’s Republic of China would faithfully adhere to the conditions set forth between the Governments of the United Kingdom and the People’s Republic of China in the Joint Declaration, which declared that Hong Kong would enjoy a high degree of autonomy under the principle of one country, two systems of the People’s Republic of China, for 50 years after the transfer of Hong Kong from the United Kingdom to the People’s Republic of China in 1997. (2) The Government of the People’s Republic of China, in the lead-up to the 1997 transfer of Hong Kong from the United Kingdom to the People’s Republic of China, did not consult Hong Kongers on the conditions for the transfer of sovereignty, did not provide Hong Kongers the ability to decide the future of Hong Kong, and continues to deny Hong Kongers the free exercise of human rights as protected under international law. (3) Article 1 of the International Covenant on Civil and Political Rights and Article 1 of the International Covenant on Economic, Social and Cultural Rights provide, and Article 2 of the Declaration on the Granting of Independence to Colonial Countries and Peoples states, that all peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development . (4) Despite the rights and freedoms for Hong Kong delineated in the Joint Declaration and in the Basic Law, the Government of the People’s Republic of China has repeatedly undermined the autonomy of the Government of Hong Kong since the transfer of Hong Kong in 1997, including through actions that have resulted in widespread political protests in Hong Kong. (5) On June 30, 2020, the Standing Committee of the National People’s Congress of the People’s Republic of China enacted the National Security Law, which provided a legal pretext to drastically reduce the autonomy of Hong Kong and led to widespread repression by Hong Kong authorities. (6) The National Security Law has eroded the rights and freedoms promised to the people in Hong Kong under the Joint Declaration and the Basic Law, including freedoms of speech, assembly, and the press. (7) Since the passage of the National Security Law— (A) hundreds of pro-democracy activists, lawmakers, and journalists have been arrested; (B) civil society organizations have been disbanded; (C) independent media outlets have closed; and (D) academic freedoms and an independent judiciary in Hong Kong have been eroded. (8) Forty-seven individuals (commonly known as the Hong Kong 47 ), including Joshua Wong and Gwyneth Ho, are facing politically motivated charges of conspiracy to commit subversion after holding an unofficial primary election in 2020, less than 2 weeks after the National Security Law came into effect, and 14 of these individuals were found guilty on May 30, 2024, in a judicial proceeding that lacked independence, and now face prison terms ranging from 3 years to life. (9) Jimmy Lai, a 76-year old Hong Kong pro-democracy advocate and media entrepreneur, has been subjected to multiple prosecutions for his peaceful activities, has spent approximately 4 years in prison, has been sentenced to more than 5 years of imprisonment under politically motivated fraud charges, and is awaiting a verdict on additional charges of collusion with foreign forces and sedition , which could carry a sentence of life in prison. (10) The Government of the People’s Republic of China and the Government of Hong Kong are— (A) using the National Security Law to pursue acts of transnational repression against members of Hong Kong diaspora communities outside of Hong Kong; and (B) harassing, threatening, and placing extraterritorial bounties on Hong Kong and non-Hong Kong residents, including a United States citizen, for their courageous advocacy for the rights and freedoms of people in Hong Kong. (11) On March 19, 2024, despite widespread opposition from the international community, civil society, and other stakeholders in Hong Kong, and after a limited period of public consultation for the legislation, the Legislative Council of the Hong Kong Special Administrative Region passed legislation to implement Article 23, the Safeguarding National Security Ordinance, which grants authorities in Hong Kong additional powers to further curtail civil rights and freedoms, establishes severe penalties, including life imprisonment, for vaguely defined offenses, and creates risks for Hong Kong residents who interact with foreigners. (12) The Safeguarding National Security Ordinance— (A) includes other offenses such as external interference and state secrets , which could create risks for multinational companies and international groups operating in Hong Kong; (B) in combination with the ongoing implementation of the National Security Law, likely will have a further chilling effect on a wide range of individuals and organizations in Hong Kong, including civil society representatives, independent journalists, pro-democracy lawmakers, entrepreneurs, businesses, and others; and (C) has already been applied by Hong Kong authorities to target Hong Kongers for peacefully expressing their views, including Chow Hang-tung, who was arrested on May 28, 2024, for alleged seditious social media posts related to the commemoration of the Tiananmen Square massacre. (13) Annually since 2020, the Secretary of State has certified that Hong Kong does not warrant treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997. (14) Despite the commitments made by the People's Republic of China in the Joint Declaration, the People’s Republic of China has declared that the legal basis for the Chinese government’s governance of Hong Kong is China’s constitution and the Basic Law of the Hong Kong Special Administrative Region, not the Sino-British Joint Declaration . (15) The People’s Republic of China and the Government of Hong Kong continue to insist that they are implementing the one country, two systems framework and the Basic Law. (16) During a June 2017 press conference, a spokesperson for the Ministry of Foreign Affairs of the People's Republic of China referred to the Joint Declaration as a historical document that no longer has any realistic meaning . (17) During a February 2024 press briefing, in response to criticism from the United Kingdom regarding the undermining of the autonomy of Hong Kong by the People's Republic of China, a spokesperson for the Ministry of Foreign Affairs of the People's Republic of China stated that the Joint Declaration by no means put the UK in a position or gave it any right to interfere in Hong Kong affairs. Second, one of the principles that guide the legislation on Article 23 of the Basic Law is to respect and protect human rights . . 4. Sense of Congress Section 102 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5712 ) is amended to read as follows: 102. Sense of Congress It is the sense of Congress that— (1) this Act, which has faithfully guided United States policy toward Hong Kong for more than 3 decades, was originally predicated on the Government of the People’s Republic of China upholding its commitments with respect to Hong Kong, such that the Government of Hong Kong— (A) maintained sufficient autonomy from the Government of the People's Republic of China in managing affairs within Hong Kong; and (B) safeguarded the democratic rights, culture, and unique way of life of the people of Hong Kong, including through adherence to the rule of law and the maintenance of a credible, independent judicial system; (2) the commitments made under the Joint Declaration, and by extension one country, two systems and the Basic Law, have been abrogated by the Government of the People’s Republic of China to the point that such commitments are no longer advancing autonomy, democratic institutions, or the protection of human rights for the people in Hong Kong; (3) United States policy towards Hong Kong should be updated with a new policy framework that protects United States national security interests and is centered on the people in Hong Kong, including their aspirations, their human rights and well-being, and their desire for autonomy and a democratic system of government in Hong Kong; (4) with the undermining of the autonomy of Hong Kong, and widespread repression and violations of the human rights of Hong Kongers, the Government of the People’s Republic of China has demonstrated that it will blatantly violate or misconstrue its own constitution and laws, and international law, to justify its human rights abuses and rule by law approach and seek to exercise absolute control over the population of Hong Kong, as it does within mainland China; (5) the United States and the international community should develop policies towards Hong Kong that offer unwavering support for people in Hong Kong, including support for the human rights of Hong Kongers and the autonomy of Hong Kong; (6) United States policy toward Hong Kong should include support to prisoners of conscience, activists fighting for freedom and democracy in Hong Kong, Hong Kong residents wishing to emigrate from the repressive environment in Hong Kong, and Hong Kong diaspora communities; (7) United States policy toward Hong Kong should recognize that the actions of the People’s Republic of China in Hong Kong are emblematic of the larger efforts of the People’s Republic of China to reshape international institutions and norms, especially institutions and norms related to human rights, and to advance a new global order that has at its foundation the authoritarian model of non-interference of the People’s Republic of China, which authoritarian states use to justify violating the human rights of their citizens and, when advantageous for the strategic interests of the state, the citizens of other states, with impunity; and (8) the United States should intensify efforts to collaborate with partners and allies to highlight the violations of the human rights of Hong Kongers and the autonomy of Hong Kong by the Governments of the People’s Republic of China and Hong Kong, and empower the voices of Hong Kongers seeking to advance their fundamental freedoms and aspirations, democratic institutions in Hong Kong, and the ability of Hong Kongers to have a say in the Government of Hong Kong. . 5. Statement of policy (a) In general Section 103 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5713 ) is amended to read as follows: 103. Statement of policy It is the policy of the United States— (1) that Hong Kong should no longer be afforded special privileges separate from the People’s Republic of China under United States law; (2) that the people of Hong Kong should have the ability to nominate and elect the leaders of their choice and should be empowered to advance the human rights and democratic ambitions of Hong Kongers; (3) to encourage the immediate and unconditional release of the Hong Kong 47, Jimmy Lai, Chow Hang-tung, and all other prisoners of conscience in Hong Kong; (4) to promote accountability using all available diplomatic and economic tools, including sanctions, for human rights violations by the Government of the People’s Republic of China against people in Hong Kong; (5) to work with United States partners and allies to apply multilateral pressure on the People’s Republic of China to protect the human rights of people in Hong Kong and the autonomy of Hong Kong, and to ensure the ability of Hong Kongers to have a say in the Government of Hong Kong; (6) to support people in Hong Kong and Hong Kong diaspora communities with initiatives that promote human rights and democracy in Hong Kong and by providing humanitarian relief for Hong Kongers fleeing repression; and (7) to provide timely, accurate, and easily accessible guidance regarding the risks to United States citizens, businesses, and other organizations working or operating in Hong Kong. . (b) Repeal Sections 104 and 105 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5714 and 5715) are repealed. 6. Application of United States law to Hong Kong (a) In general The United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5701 et seq. ) is amended— (1) in section 201 ( 22 U.S.C. 5721 )— (A) by striking the section heading and inserting the following: Application of United States law to Hong Kong ; and (B) by striking subsection (a) and inserting the following: (a) In general The laws of the United States shall apply with respect to Hong Kong in the same manner as the laws of the United States are applied to the People’s Republic of China, including with respect to the following statutes: (1) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (2) section 721(m) of the Defense Production Act of 1950, as amended ( 50 U.S.C. 4565(m) ); (3) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); and (4) section 1304 of title 19, United States Code. ; and (2) in section 202 ( 22 U.S.C. 5722 )— (A) by striking subsection (a) and inserting the following: (a) Differential treatment Notwithstanding section 201, the President may, on a case-by-case basis and after submitting to the appropriate congressional committees a certification that such action is in the national security interest of the United States, extend differential treatment to Hong Kong than that which is given to the People’s Republic of China under the laws of the United States ; and (B) by striking subsections (c) and (d). (b) Effective date This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of the enactment of this Act. 7. Supporting human rights and civilian security in Hong Kong (a) In general The United States Government shall, to the maximum extent possible, leverage all existing and appropriate authorities to continue to support democracy, human rights, and civilian security in Hong Kong. (b) Continuation of programs (1) In general The Secretary of State, in coordination with the United States Agency for International Development and other Federal agencies, as appropriate, shall continue to carry out programs, including through nongovernmental organizations, that prioritize the protection and advancement of the freedoms of association, assembly, religion, and expression for democracy and human rights activists, women, and ethnic and religious minorities in Hong Kong. (2) Security programs The Secretary of State, in coordination with other Federal agencies as appropriate, shall carry out programs focused on civilian security in Hong Kong, including through law enforcement and counter-narcotics collaboration with relevant Hong Kong government and civil society representatives. (c) Consultation requirement In carrying out this section, the Secretary of State shall consult with the appropriate congressional committees. (d) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary of State for the promotion of democracy, human rights, and civilian security in Hong Kong $5,000,000 for each of fiscal years 2026 through 2030 to carry out this section. (2) Administration The Secretary of State shall designate an office or offices within the Department of State to administer and coordinate the distribution of the funds appropriated under paragraph (1) within the Department of State and across the United States Government. 8. Supporting internet freedom in Hong Kong (a) Hong Kong Internet Freedom Program (1) Department of state The Secretary of State shall establish within the Bureau of Democracy, Human Rights, and Labor a program to be known as the Hong Kong Internet Freedom Program . (2) Grants authorized The Secretary of State, working through the Hong Kong Internet Freedom Program, is authorized to award grants to private organizations to support and develop programs in Hong Kong that promote or expand— (A) online information access; (B) freedom of the press; (C) disruptive technologies that bypass internet blocking, filtering, and other censorship techniques; (D) virtual private networks; (E) firewall circumvention tools; (F) distributed denial of service mitigation techniques; (G) digital security capacity building for internet users; or (H) digital resiliency for international organizations, pro-democracy activists, and other civil society actors in Hong Kong, including emergency support. (3) Security audits Any new technologies developed using grants authorized under this subsection shall undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by the Bureau of Democracy, Human Rights, and Labor or the Open Technology Fund. (b) Independence During the period beginning on the effective date of this Act and ending on September 30, 2030, the program established pursuant to subsection (a) shall be carried out independently from the internet freedom portfolios relating to mainland China in order to focus on internet freedom in Hong Kong. (c) Consolidation of Department of State program Beginning on October 1, 2030, the Secretary of State may— (1) consolidate the Hong Kong Internet Freedom Program with the initiatives relating to mainland China in the Bureau of Democracy, Human Rights, and Labor; or (2) continue to carry out the Hong Kong Internet Freedom Program in accordance with subsection (b). (d) Authorization of appropriations There is authorized to be appropriated to the Office of Internet Freedom Programs of the Bureau of Democracy, Human Rights, and Labor of the Department of State $5,000,000 for each of fiscal years 2026 through 2030 to carry out this section. 9. Report on requests from the Government of Hong Kong to United States entities for content takedowns or law enforcement assistance (a) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on requests issued by the Government of Hong Kong to United States entities operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To be included The report required by subsection (a) shall, with respect to the 1-year period preceding the date of submission of the report, include the following: (1) The number of requests issued by the Government of Hong Kong to United States entities operating in Hong Kong for content takedowns or law enforcement assistance that were fulfilled and by which United States entities. (2) An identification of the Hong Kong laws under which such requests were issued. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Content takedown The term content takedown means the removal of, disabling of access to, or restriction of access to any material, including— (A) material on a website or online service; (B) a software application; and (C) any feature of a software application. (3) United States entity The term United States entity means a corporation, non-governmental organization, media organization, or other similar entity that is organized under the laws of the United States or any jurisdiction within the United States. 10. Strategy for United States engagement with Hong Kong (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate congressional committees an interagency strategy for United States policy towards Hong Kong, which may include a classified annex. (b) Elements The strategy required by subsection (a) shall include the following elements: (1) An interagency assessment of existing United States laws, regulations, formal and informal government policies, and procedures towards Hong Kong that can be reasonably anticipated to be impacted by any amendment to the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5701 et seq. ) made under this Act. (2) A strategy to mitigate negative impacts on— (A) United States-Hong Kong bilateral trade; (B) the international financial system; (C) immigration and the treatment of visa applicants from Hong Kong; and (D) academic and cultural exchanges for citizens of Hong Kong. (3) An interagency plan to carry out the requirements in subsections (a) and (b) of section 7, including— (A) to support freedom from arbitrary or unlawful arrest, detention, or imprisonment for all Hong Kong residents; (B) to support the robust exercise by residents of Hong Kong of the rights to free speech, the press, and other fundamental freedoms; and (C) coordination with allies, including the United Kingdom, Australia, Canada, Japan, and the Republic of Korea, to promote democracy and human rights in Hong Kong. (c) Consultation requirement In developing the strategy required by this section, the President shall consult with the appropriate congressional committees. 11. Separate part of country reports Whenever a report is transmitted to Congress on a country-by-country basis, there shall be included in such report, where applicable, a separate section on Hong Kong under the heading of the state that exercises sovereignty over Hong Kong. The reports to which this section applies include the reports transmitted under— (1) sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) and 2304(b)), relating to human rights; and (2) section 181 of the Trade Act of 1974 ( 19 U.S.C. 2241 ), relating to trade barriers. 12. Secretary of State certification report regarding the status of Hong Kong Section 205 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725 ) is amended to read as follows: 205. Secretary of State report regarding the status of Hong Kong (a) Report (1) In general The Secretary of State, not later than one year after the effective date of section 12 of the Hong Kong Policy Act of 2024 and annually thereafter, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the heads of such other Federal agencies as the Secretary of State considers appropriate, shall submit to the appropriate congressional committees a report that addresses the status of— (A) sanctions and export control violations within the Hong Kong SAR; (B) official and unofficial United States-Hong Kong cultural, education, scientific, and academic exchanges; (C) human rights in Hong Kong, including freedom of assembly, freedom of speech, freedom of expression, freedom of the press, including the internet, and other rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, and the International Covenant on Civil and Political Rights, done at New York December 19, 1966; (D) judicial and prosecutorial independence; (E) police and security functions, including the role of security agencies from mainland China and the extent of coordination between the Hong Kong Police and security agencies from mainland China; (F) the implementation of the National Security Law and Article 23 of the Basic Law, and any other laws or regulations regarding treason, secession, sedition, collusion with foreign forces , theft of state secrets, or subversion against the People’s Republic of China; (G) laws or regulations regarding foreign non-governmental, civil society, or media organizations; (H) Hong Kong’s participation in multilateral forums and bodies; and (I) specific actions taken by the United States Government within the reporting year in relation to— (i) the People’s Republic of China and Hong Kong government’s human rights abuses in Hong Kong and transnational repression against Hong Kongers globally; (ii) support and advocacy on behalf of political prisoners in Hong Kong; (iii) humanitarian and other support, including immigration pathways, for Hong Kongers fleeing repression in Hong Kong or otherwise emigrating from Hong Kong; (iv) sanctions and export control violations within the Hong Kong SAR; and (v) any failure to fulfill obligations to the United States under international agreements identified in this report. (2) Justification and recommendation required If the Secretary of State determines that Hong Kong has regained sufficient autonomy to warrant consideration for treatment under United States law distinct from that applied to mainland China, then the report required by paragraph (1) shall include— (A) a detailed justification for such determination; and (B) a recommendation to Congress to reconsider the treatment of Hong Kong under United States law, including a recommendation regarding reinstatement of some or all of the differential treatment or status that had been afforded to Hong Kong under this Act (as in effect on the day before the date of the enactment of the Hong Kong Policy Act of 2024 ). . 13. Reporting on risks to United States citizens and businesses in Hong Kong (a) Sense of Congress It is the sense of Congress that the Secretary of State should update the travel advisory applicable to Hong Kong, within the China travel advisory of the Department of State, not less than every 24 months. (b) Business advisory (1) In general Not later than 180 days after the effective date of this Act, the Secretary of State shall issue an updated Hong Kong Business Advisory assessing the risks faced by United States businesses in Hong Kong given the ongoing implementation of the National Security Law and the Safeguarding National Security Ordinance. (2) Exception Paragraph (1) shall not apply if the Secretary of State determines that business conditions in Hong Kong did not warrant an update to the Hong Kong Business Advisory and provides a certification of such determination to the appropriate congressional committees. 14. Extension of authorities to impose sanctions under the Hong Kong Human Rights and Democracy Act Section 7(h) of the Hong Kong Human Rights and Democracy Act of 2019 ( 22 U.S.C. 5701 note) is amended by striking 5 years and inserting 10 years . 15. Treatment of Hong Kong applications for visas to study or work in the United States Section 206 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5725 ) is amended— (1) by striking subsections (a) and (c); (2) by redesignating subsection (b) as subsection (d); (3) by inserting before subsection (d), as so redesignated, the following: (a) In general The laws of the United States pertaining to the issuance of visas, immigration, and application for entry to the United States shall continue to apply to Hong Kong, and to natives and residents of Hong Kong, in the same manner as such laws were applied to Hong Kong, and to natives and residents of Hong Kong, prior to the date of the enactment of the Hong Kong Policy Act of 2024 . (b) Consistency with Immigration and Nationality Act Hong Kong residents shall be treated as a separate foreign state from the People’s Republic of China for the purposes of visas to visit or reside permanently in the United States, so long as such treatment is consistent with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (c) Visa eligibility for certain Hong Kong students Notwithstanding any other provision of law— (1) applications for visas to enter, study, or work in the United States, which are submitted by otherwise qualified applicants who resided in Hong Kong in 2014 and later, may not be denied primarily on the basis of the applicant’s subjection to politically motivated arrest, detention, or other adverse government action; and (2) an applicant’s prior subjection to politically motivated arrest, detention, or other adverse government action may not be considered as a primary factor in evaluating the applicant’s immigrant intent. ; and (4) in subsection (d)(2), as so redesignated, by inserting irrespective of whether any such individual was charged, detained, or convicted for a national security offense or under a non-national security offense for which there are reasonable grounds to believe the non-national security offense was used as a pretext for politically motivated action, after December 19, 1966, . 16. Temporary protected status for Hong Kong residents in the United States (a) Designation (1) In general For purposes of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), Hong Kong shall be treated as if it has been designated under subsection (b)(1)(C) of that section, subject to the provisions of this section. (2) Period of designation The initial period of the designation referred to in paragraph (1) shall be for the 5-year period beginning on the date of enactment of this Act. (b) Aliens eligible As a result of the designation made under subsection (a), an alien is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) ), subject to paragraph (3) of such section, if the alien— (1) was a permanent resident of Hong Kong at the time such individual arrived into the United States and is a national of the People’s Republic of China (or in the case of an individual having no nationality, is a person who last habitually resided in Hong Kong); (2) has been continuously physically present in the United States since the date of the enactment of this Act; (3) is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section, and is not ineligible for temporary protected status under paragraph (2)(B) of such section; and (4) registers for temporary protected status in a manner established by the Secretary of Homeland Security. (c) Consent To travel abroad (1) In general The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(f)(3) ), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. (2) Treatment upon return An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ). 17. Admission for certain highly skilled Hong Kong residents (a) In general Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State, in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant (as that term is defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )), if— (1) the alien, or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ); (2) the alien is otherwise eligible to receive an immigrant visa; (3) the alien is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. (a)(4))); and (4) the alien clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. (b) Aliens described (1) Principal aliens An alien is described in this subsection if the alien— (A) holds no right to citizenship in any country or jurisdiction other than the People’s Republic of China, Hong Kong, or the Macau Special Administrative Region as of the date of enactment of this Act; (B) has resided in Hong Kong for not less than the 10 years immediately prior to the date of enactment of this Act; (C) has been designated by the Secretary of State or Secretary of Homeland Security as having met the requirements of subparagraphs (A) and (B) through a credible verification process; and (D) has earned a bachelor’s or higher degree from an institution of higher education. (2) Spouses and children An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1). (c) Numerical limitations (1) In general The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the 5 fiscal years beginning after the date of the enactment of this Act. (2) Prioritization The Secretary of Homeland Security may, in consultation with the Secretary of State, prioritize the issuance of visas to individuals with a bachelor’s or higher degree in science, technology, engineering, mathematics, health care, or medicine. (3) Exclusion from numerical limitations Aliens provided immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, 1153, and 1157). (d) Eligibility for admission under other classification No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. (e) Timeline for processing applications (1) In general The Secretary of State and the Secretary of Homeland Security shall ensure that all steps under the control of the United States Government incidental to the approval of an application under subsection (a), including required screenings and background checks, are completed not later than 1 year after the date on which an eligible applicant submits such an application. (2) Exception Notwithstanding paragraph (1), the relevant Federal agencies may take additional time to process applications described in paragraph (1) if satisfaction of national security concerns requires such additional time, provided that the Secretary of Homeland Security, or a designee of the Secretary, has determined that the applicant meets the requirements for status as a special immigrant under this section and has so notified the applicant. 18. Designation of certain residents of Hong Kong as Priority 2 refugees (a) In general The Secretary of State, in consultation with the Secretary of Homeland Security, shall designate, as Priority 2 refugees of special humanitarian concern, the following categories of aliens: (1) Individuals who are residents of the Hong Kong SAR who have suffered persecution, or have a well-founded fear of persecution, on account of their peaceful expression of political opinions or peaceful participation in political activities or associations. (2) Individuals who have been formally charged, detained, or convicted on account of their peaceful actions or advocacy. (3) The spouses, children, and parents (as such terms are defined in subsections (a) and (b) of section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) of individuals described in paragraph (1) or (2), except such parents who are citizens of a country other than the People’s Republic of China. (b) Processing of Hong Kong refugees The processing of individuals described in subsection (a) for classification as refugees may occur in Hong Kong or in a third country. (c) Eligibility for admission as refugees An alien may not be denied the opportunity to apply for admission as a refugee under this section primarily because such alien— (1) qualifies as an immediate relative of a United States citizen; or (2) is eligible for admission to the United States under any other immigrant classification. (d) Facilitation of admissions An applicant for admission to the United States from the Hong Kong SAR may not be denied primarily on the basis of a politically motivated arrest, detention, or other adverse government action taken against such applicant as a result of the participation by such applicant in protest activities. (e) Exclusion from numerical limitations Aliens provided refugee status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, 1153, and 1157). (f) Reporting requirements (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Homeland Security shall submit a report regarding the matters described in paragraph (2) to— (A) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and (B) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives. (2) Matters to be included Each report required under paragraph (1) shall include— (A) the total number of applications that are pending at the end of the reporting period; (B) the average wait times for all applicants who are currently pending— (i) employment verification; (ii) a prescreening interview with a resettlement support center; (iii) an interview with U.S. Citizenship and Immigration Services; or (iv) the completion of security checks; and (C) the number of denials of applications for refugee status, disaggregated by the reason for each such denial. (3) Form Each report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) Public reports The Secretary of State shall make each report submitted under this subsection available to the public on the internet website of the Department of State. (g) Satisfaction of other requirements Aliens granted status under this section as Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system shall be considered to satisfy the requirements under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) for admission to the United States. 19. Extension of prohibition on commercial export of covered munitions items to the Hong Kong Police Force Section 3 of the Act entitled An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force , approved November 27, 2019 ( Public Law 116–77 ; 133 Stat. 1173), is amended by striking shall expire and all that follows and inserting shall expire on December 31, 2034. .