No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5454 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5454
To update the United States policy towards Hong Kong, and for other
purposes.
_______________________________________________________________________
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.
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 Policy Act of 2024''.
SEC. 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.
SEC. 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:
``SEC. 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'.''.
SEC. 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:
``SEC. 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.''.
SEC. 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:
``SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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:
``SEC. 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).''.
SEC. 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.
SEC. 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''.
SEC. 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,''.
SEC. 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).
SEC. 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.
SEC. 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.
SEC. 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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