Hong Kong People's Freedom and Choice Act
This bill provides for immigration benefits related to Hong Kong in the event that China puts into effect national security legislation in Hong Kong that would curtail political freedoms. (Hong Kong is part of China but has a separate legal system. U.S. law provides Hong Kong with special treatment due to this autonomy.)
If China promulgates the Hong Kong national security law, Hong Kong shall receive temporary protected status for 18 months. During this period, qualifying Hong Kong residents who have been continuously present in the United States since this bill's enactment and apply for such status shall have work authorization and may not be removed from the United States.
If the President suspends Hong Kong's special treatment under U.S. law, Hong Kong shall continue for five years to be treated as a separate foreign state when calculating annual per-country caps under immigration law.
The Department of Homeland Security (DHS) may provide special immigrant status to a qualifying Hong Kong resident who meets certain educational requirements or owns a company of a certain size. DHS may admit up to 50,000 principal aliens under this provision for each of the five fiscal years after this bill's enactment, and such aliens shall not be subject to other numerical limits.
Qualifying Hong Kong residents who fear political persecution from China and apply for permanent resident status shall be deemed to have an approved petition. Certain provisions, such as requiring applicants to have a valid entry document, shall not apply to such individuals.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7428 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7428
To reaffirm the principles and objectives set forth in the United
States-Hong Kong Policy Act of 1992, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2020
Mr. Malinowski (for himself, Mr. Kinzinger, Mr. Phillips, Mr. Curtis,
Mr. Lowenthal, and Mr. McGovern) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reaffirm the principles and objectives set forth in the United
States-Hong Kong Policy Act of 1992, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong People's Freedom and
Choice Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Joint declaration.--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, will be called the ``Sino-
British Joint Declaration''.
(2) Priority hong kong resident.--Priority Hong Kong
residents will be defined as lawful residents of Hong Kong and
lawful permanent residents of Hong Kong who hold no right to
citizenship or residency in any country or jurisdiction other
than the People's Republic of China (referred to in this Act as
``PRC''), Hong Kong, or Macau as of the date of enactment of
this Act and who have resided in Hong Kong for the last 10
years, or the immediate family member of such person.
(3) Appropriate congressional committees.--The appropriate
congressional committees are defined as--
(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 of the Judiciary of the Senate.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The National People's Congress (referred to in this Act
as ``NPC'') of the PRC has committed to pass national security
legislation which, if enacted, would--
(A) contravene the will of the people of Hong Kong
whose constitution, the Basic Law, provides in Article
23 that the Legislative Council of Hong Kong shall
enact legislation related to national security;
(B) violate the PRC's commitments under
international law, as defined by the Joint Declaration
of the Government of the United Kingdom of Great
Britain and Northern Ireland and the Government of the
PRC on the Question of Hong Kong (referred to in this
Act as ``Joint Declaration''), an international treaty
signed on December 19, 1984, and entered into force on
May 27, 1985; and
(C) cause severe and irreparable damage to the
``one country, two systems'' principle and further
erode global confidence in the PRC's commitment to
international law.
(2) The United States has a long and proud history as a
destination for refugees and asylees fleeing persecution based
on race, religion, nationality, political opinion, or
membership in a particular social group.
(3) 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.
(4) The United States has sheltered, protected, and
welcomed as American citizens individuals who have fled
oppression of authoritarian regimes, including citizens from
the PRC following the violent June 4, 1989, crackdown in
Tiananmen Square, deepening ties between the people of the
United States and those individuals, regardless of nationality,
seeking to contribute to a free, open society founded on
respect for the rule of law.
(5) The United States has reaped enormous economic,
cultural, and strategic benefit from welcoming successive
generations of scientists, doctors, entrepreneurs, artists,
intellectuals, and other freedom-loving people fleeing Fascism,
Communism, violent Islamist extremism, and other repressive
ideologies, including in the case of Nazi Germany, the Soviet
Union and Soviet-controlled Central Europe, Cuba, Vietnam, and
Iran.
(6) Offering prospective refuge to those who have
contributed the most to Hong Kong's success would signal to the
Chinese Communist Party that repression in Hong Kong would
result in losing its immense wealth and talent to the United
States.
(7) A mid-2020 Brookings report notes that ``Chinese
officials see the United States' continued ability to attract
and retain Chinese talent as a serious impediment to their
technological ambitions'' and a 2009 report of ``Issues in
Science and Technology'' notes that ``competition for [science
and technology] brainpower . . . will become one of the key
defining features of the West's interactions with the PRC over
the coming decades.''
(8) 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 continue 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 interest in
the continued vitality, prosperity, and stability of
Hong Kong'';
(B) ``support for democratization is a fundamental
principle of United States foreign policy'' 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 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 December 19, 1966;
and
(C) the Universal Declaration of Human Rights, done
at Paris December 10, 1948;
(3) to continue to support the democratic aspirations of
the people of Hong Kong, including the ``ultimate aim'' of the
selection of the Chief Executive and all members of the
Legislative Council by universal suffrage, as articulated in
the Basic Law of the Hong Kong Special Administrative Region of
the PRC (referred to in this Act as 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 establishment by 2020 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 unlawful 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 violations by
the Government of the PRC of the fundamental 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 States and Hong
Kong;
(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) in the case of the promulgation of new national
security legislation in Hong Kong, to review immigration,
asylum, and residency regulations such that those residents of
Hong Kong fleeing persecution and seeking better opportunities
will be welcomed in the United States.
SEC. 5. PROTECTION 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 period of the
designation referred to in paragraph (1) shall be for the 18-
month period beginning from such time as the Standing Committee
of the NPC of the PRC promulgates national security legislation
with respect to Hong Kong that amends Article III of Hong
Kong's Basic Law.
(b) Aliens Eligible.--As a result of the designation made under
subsection (a), an alien who is a resident of Hong Kong 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) has been continuously physically present in the United
States since the date of the enactment of this Act;
(2) 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
(3) 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).
(d) Fee.--
(1) 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
protected status under section 244 of the Immigration and
Nationality Act by a person who is only eligible for such
status by reason of subsection (a).
(2) Waiver.--The Secretary of Homeland Security shall
permit aliens to apply for a waiver of any fees associated with
filing an application referred to in paragraph (1).
SEC. 6. DIFFERENTIAL TREATMENT OF HONG KONG RESIDENTS FOR IMMIGRATION
PURPOSES.
(a) In General.--For not less than 5 years from such time as the
President suspends, in whole or in part, special treatment of Hong Kong
under United States law, Hong Kong will continue to be considered a
separate foreign state apart from the PRC as mandated in section 103 of
Public Law 101-649 and thus Hong Kong will continue to be treated as a
separate foreign state for purposes of a numerical level established
under section 1152 of title 8, United States Code.
(b) Regulations.--In order to facilitate the future verification of
Hong Kong residency status of visa applicants from the PRC, the
Secretary of State shall--
(1) issue regulations within 365 days of enactment
establishing a process for Hong Kong residents to register
their status with embassies of the United States and the
Department of State globally for purposes of adjudicating an
individual's claim to Hong Kong residency as part of a future
visa application for entry to the United States, including
through such means as--
(A) recording of biometric data;
(B) official registration and scanning of birth
certificates, residency cards, and other documentation
establishing long-term residency; and
(C) collection of other personal information, data,
and records deemed appropriate by the Secretary;
(2) issue guidance within 180 days of enactment outlining
actions to enhance the ability of the Department of State to
efficiently share information with the United Kingdom and other
allies for purposes of rapidly adjudicating residency of Hong
Kong applicants for admission to the United States; and
(3) provide within 180 days of enactment a briefing to the
House Committees on Foreign Affairs and Judiciary and the
Senate Committees on Foreign Relations and Judiciary on plans
to implement the requirements pursuant to paragraphs (1) and
(2).
SEC. 7. 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 under section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) 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) is otherwise eligible to receive an immigrant visa;
(3) 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.
1182(a)(4)); and
(4) cleared 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 is a citizen of the PRC and was born in
or has been a resident or permanent resident of Hong Kong for
at least 10 years as of the date of enactment of this Act,
and--
(A) has received a graduate diploma from an
accredited institution;
(B) has completed undergraduate or graduate
education in the United States; or
(C) is the sole or majority owner of a company with
more than 50 direct employees or greater than $5
million in assets.
(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 50,000 per year for each of the 5 fiscal years
beginning after the date of the enactment of this Act. The
Secretary may, in consultation with the Secretary of State,
prioritize holders of diplomas in STEM fields, including the
physical and life sciences, computer science, engineering,
technology, math, and medicine.
(2) 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) Protection of Aliens.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall make a
reasonable effort to provide an alien described in this section who is
applying for a special immigrant visa with protection or the immediate
removal from the PRC if possible, of such alien if the Secretary
determines after consultation that such alien is in imminent danger.
(e) 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.
(f) 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 such applications, including required screenings
and background checks, are completed not later than 2 years
after the date on which an eligible applicant submits an
application under subsection (a).
(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 the
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.
SEC. 8. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN
NATIONALS OF THE PRC.
(a) In General.--Subject to subsection (c)(1), whenever an alien
described in subsection (b) applies for adjustment of status under
section 245 of the Immigration and Nationality Act during the
application period (as defined in subsection (e)) the following rules
shall apply with respect to such adjustment:
(1) The alien shall be deemed to have had a petition
approved under section 204(a) of such Act for classification
under section 203(b)(3)(A)(i) of such Act.
(2) The application shall be considered without regard to
whether an immigrant visa number is immediately available at
the time the application is filed.
(3) In determining the alien's admissibility as an
immigrant, and the alien's eligibility for an immigrant visa--
(A) paragraphs (5) and (7)(A) of section 212(a) and
section 212(e) of such Act shall not apply; and
(B) the Attorney General may waive any other
provision of section 212(a) (other than paragraph
(2)(C) and subparagraph (A), (B), (C), or (E) of
paragraph (3)) of such Act with respect to such
adjustment for humanitarian purposes, for purposes of
assuring family unity, or if otherwise in the public
interest.
(4) The numerical level of section 202(a)(2) of such Act
shall not apply.
(5) Section 245(c) of such Act shall not apply.
(b) Aliens Covered.--For purposes of this section, an alien
described in this subsection is an alien who--
(1) faces a fear of persecution on account of his or her
political opinion by the PRC of the government or other
authorities in the Hong Kong Special Administrative Region;
(2) was born in or has been a resident or permanent
resident of Hong Kong for at least 10 years;
(3) has initiated permanent residence in the United States
(other than brief, casual, and innocent absences) during the
period beginning June 1, 2019, and ending on the date that is 5
years from the date of enactment of this Act; and
(4) was not physically present in the PRC for longer than
90 days after the date of establishment of such permanent
residence.
(c) Condition; Dissemination of Information.--
(1) Not applicable if safe return permitted.--Subsection
(a) shall not apply to any alien if the Secretary of State has
determined and certified to Congress, before the first day of
the application period, that conditions in the PRC permit
aliens described in subsection (b)(1) to return to that foreign
state in safety.
(2) Dissemination of information.--If the President has not
made the certification described in paragraph (1) by the first
day of the application period, the Secretary of Homeland
Security shall, subject to the availability of appropriations,
immediately broadly disseminate to aliens described in
subsection (b) information respecting the benefits available
under this section. To the extent practicable, the Secretary
shall provide notice of these benefits to the last known
mailing address of each such alien.
(d) Exclusion From Numerical Limitations.--Aliens provided
immigrant visas under this section shall not be counted against any
numerical limitation under sections 201, 202, or 203 of the Immigration
and Nationality Act (8 U.S.C. 1151, 1152, or 1153).
SEC. 9. REPORTING REQUIREMENTS.
(a) In General.--On an annual basis, the Secretary of State, in
consultation with the Secretary of Homeland Security and other Federal
agencies, as appropriate, shall submit a report to the appropriate
congressional committees on--
(1) the number of Hong Kong SAR residents who have applied
for admittance, been admitted, and been provided permanent
residence in the United States during the preceding fiscal
year, disaggregated by visa type or residence status, including
refugee, temporary protected status, special immigrant visa,
and legal permanent residence status provided for under this
Act;
(2) the number of denials or rejections of applicants,
including a description of the basis for denial and
disaggregated by the basis for denial and by visa type or
residency status during the previous fiscal year;
(3) the number of Hong Kong SAR residents that have applied
for political asylum by fiscal year, including number of
rejections, and disaggregated by basis for denial during the
previous fiscal year; and
(4) other matters deemed relevant by the Secretary on
efforts to protect and facilitate the resettlement of refugees
and victims of political 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.
SEC. 10. 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 providing
temporary relief, refugee status, and appropriate immigration
incentives to Hong Kong residents of the Hong Kong Special
Administrative Region of the PRC in the event that the PRC
enacts legislation that renders certain Hong Kong persons at
risk of persecution due to their political beliefs; and
(2) to encourage like-minded nations to make similar
accommodations for Hong Kong people fleeing oppression 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, including the United Kingdom, on cooperative
efforts to--
(1) provide refugee and asylee protections for victims of,
and individuals with a fear of, political persecution in Hong
Kong, either by Hong Kong authorities or other authorities
acting on behalf of the PRC;
(2) enhance protocols to facilitate the relocation of
refugees and displaced persons from Hong Kong; and
(3) expedite sharing of information, as appropriate,
related to individual visa or travel document rejections of
applicants from the Hong Kong SAR for reasons of--
(A) national security concerns;
(B) fraudulent or corrupt practices related to
immigration or victim protection, including refugee and
asylee protections; and
(C) fraud and corruption.
(c) Report.--Within 90 days of enactment of this Act, the Secretary
of State or his or her designee shall submit a report on such plan
described in paragraphs (1) through (3) of subsection (b) to the
appropriate congressional committees.
SEC. 11. SUNSET.
This Act shall sunset on the date that is 5 years after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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