,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gdbh ,,in ,,the ,,house ,,of ,,representatives ,june #cj1 #bjbj,mr4 ,malinowski 7for himself1 ,mr4 ,kinzinger1 ,mr4 ,phillips1 ,mr4 ,curtis1 ,mr4 ,lowenthal1 and ,mr4 ,mc,govern7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 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 #aiib1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hong ,kong ,people's ,freedom and ,choice ,act4 #b4 ,definitions ,for the purposes of this ,act3 7#a7 ,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 #ai1 #aihd1 and entered into force on ,may #bg1 #aihe1 will be called the ,sino-,british ,joint ,declaration4 7#b7 ,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 7referred to in this ,act as ,,prc71 ,hong ,kong1 or ,macau as of the date of enactment of this ,act and who have resided in ,hong ,kong for the last #aj years1 or the immediate family member of such person4 7#c7 ,appropriate congressional committees ,the appropriate congressional committees are defined as-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee of the ,judiciary of the ,senate4 #c4 ,findings ,congress finds the following3 7#a7 ,the ,national ,people's ,congress 7referred to in this ,act as ,,npc7 of the ,,prc has committed to pass national security legislation which1 if enacted1 would-- 7,a7 contravene the will of the people of ,hong ,kong whose constitution1 the ,basic ,law1 provides in ,article #bc that the ,legislative ,council of ,hong ,kong shall enact legislation related to national security2 7,b7 violate the ,,prc's commitments under international law1 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 7referred to in this ,act as ,joint ,declaration71 an international treaty signed on ,december #ai1 #aihd1 and entered into force on ,may #bg1 #aihe2 and 7,c7 cause severe and irreparable damage to the one country1 two systems principle and further erode global confidence in the ,,prc's commitment to international law4 7#b7 ,the ,united ,states has a long and proud history as a destination for refugees and asylees fleeing persecution based on race1 religion1 nationality1 political opinion1 or membership in a particular social group4 7#c7 ,the ,united ,states also shares deep social1 cultural1 and economic ties with the people of ,hong ,kong1 including a shared commitment to democracy1 to the rule of law1 and to the protection of human rights4 7#d7 ,the ,united ,states has sheltered1 protected1 and welcomed as ,american citizens individuals who have fled oppression of authoritarian regimes1 including citizens from the ,,prc following the violent ,june #d1 #aihi1 crackdown in ,tiananmen ,square1 deepening ties between the people of the ,united ,states and those individuals1 regardless of nationality1 seeking to contribute to a free1 open society founded on respect for the rule of law4 7#e7 ,the ,united ,states has reaped enormous economic1 cultural1 and strategic benefit from welcoming successive generations of scientists1 doctors1 entrepreneurs1 artists1 intellectuals1 and other freedom-loving people fleeing ,fascism1 ,communism1 violent ,islamist extremism1 and other repressive ideologies1 including in the case of ,nazi ,germany1 the ,soviet ,union and ,soviet-controlled ,central ,europe1 ,cuba1 ,vietnam1 and ,iran4 7#f7 ,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 ,states4 7#g7 ,a mid-#bjbj ,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 #bjji 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 decades4 7#h7 ,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 world1 irrespective of their race1 ethnicity or religion1 to immigrate to the ,united ,states and become ,american citizens4 #d4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to continue to reaffirm the principles and objectives set forth in the ,united ,states-,hong ,kong ,policy ,act of #aiib 7,public ,law #ajb-chc71 namely that-- 7,a7 the ,united ,states has a strong interest in the continued vitality1 prosperity1 and stability of ,hong ,kong2 7,b7 support for democratization is a fundamental principle of ,united ,states foreign policy and therefore naturally applies to ,united ,states policy toward ,hong ,kong2 7,c7 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 prosperity2 and 7,d7 ,hong ,kong must remain sufficiently autonomous from the ,,prc to justify treatment under a particular law of the ,united ,states1 or any provision thereof1 different from that accorded the ,people's ,republic of ,china2 7#b7 to continue to support the high degree of autonomy and fundamental rights and freedoms of the people of ,hong ,kong1 as enumerated by-- 7,a7 the ,joint ,declaration2 7,b7 the ,international ,covenant on ,civil and ,political ,rights1 done at ,new ,york ,december #ai1 #aiff2 and 7,c7 the ,universal ,declaration of ,human ,rights1 done at ,paris ,december #aj1 #aidh2 7#c7 to continue to support the democratic aspirations of the people of ,hong ,kong1 including the ultimate aim of the selection of the ,chief ,executive and all members of the ,legislative ,council by universal suffrage1 as articulated in the ,basic ,law of the ,hong ,kong ,special ,administrative ,region of the ,,prc 7referred to in this ,act as the ,basic ,law72 7#d7 to urge the ,government of the ,,prc1 despite its recent actions1 to uphold its commitments to ,hong ,kong1 including allowing the people of ,hong ,kong to govern ,hong ,kong with a high degree of autonomy and without undue interference1 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 suffrage2 7#e7 to support the establishment of a genuine democratic option to freely and fairly nominate and elect the ,chief ,executive of ,hong ,kong1 and the establishment by #bjbj of open and direct democratic elections for all members of the ,hong ,kong ,legislative ,council2 7#f7 to support the robust exercise by residents of ,hong ,kong of the rights to free speech1 the press1 and other fundamental freedoms1 as provided by the ,basic ,law1 the ,joint ,declaration1 and the ,international ,covenant on ,civil and ,political ,rights2 7#g7 to support freedom from arbitrary or unlawful arrest1 detention1 or imprisonment for all ,hong ,kong residents1 as provided by the ,basic ,law1 the ,joint ,declaration1 and the ,international ,covenant on ,civil and ,political ,rights2 7#h7 to draw international attention to any violations by the ,government of the ,,prc of the fundamental rights of the people of ,hong ,kong1 as provided by the ,international ,covenant on ,civil and ,political ,rights1 and any encroachment upon the autonomy guaranteed to ,hong ,kong by the ,basic ,law and the ,joint ,declaration2 7#i7 to protect ,united ,states citizens and long-term permanent residents living in ,hong ,kong1 as well as people visiting and transiting through ,hong ,kong2 7#aj7 to maintain the economic and cultural ties that provide significant benefits to both the ,united ,states and ,hong ,kong2 7#aa7 to coordinate with allies1 including the ,united ,kingdom1 ,australia1 ,canada1 ,japan1 and the ,republic of ,korea1 to promote democracy and human rights in ,hong ,kong2 and 7#ab7 in the case of the promulgation of new national security legislation in ,hong ,kong1 to review immigration1 asylum1 and residency regulations such that those residents of ,hong ,kong fleeing persecution and seeking better opportunities will be welcomed in the ,united ,states4 #e4 ,protection for ,hong ,kong residents in the ,united ,states 7a7 ,designation 7#a7 ,in general ,for purposes of section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a71 ,hong ,kong shall be treated as if it had been designated under subsection 7b77#a77;,c7 of that section1 subject to the provisions of this section4 7#b7 ,period of designation ,the initial period of the designation referred to in paragraph 7#a7 shall be for the #ah-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 ,law4 7b7 ,aliens eligible ,as a result of the designation made under subsection 7a71 an alien who is a resident of ,hong ,kong is deemed to satisfy the requirements under paragraph 7#a7 of section #bdd7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c771 subject to paragraph 7#c7 of such section1 if the alien-- 7#a7 has been continuously physically present in the ,united ,states since the date of the enactment of this ,act2 7#b7 is admissible as an immigrant1 except as otherwise provided in paragraph 7#b77;,a7 of such section1 and is not ineligible for temporary protected status under paragraph 7#b77;,b7 of such section2 and 7#c7 registers for temporary protected status in a manner established by the ,secretary of ,homeland ,security4 7c7 ,consent ,to travel abroad 7#a7 ,in general ,the ,secretary of ,homeland ,security shall give prior consent to travel abroad1 in accordance with section #bdd7;f77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7f77#c771 to an alien who is granted temporary protected status pursuant to the designation made under subsection 7a7 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 brief1 temporary trip abroad4 7#b7 ,treatment upon return ,an alien returning to the ,united ,states in accordance with an authorization described in paragraph 7#a7 shall be treated as any other returning alien provided temporary protected status under section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a74 7d7 ,fee 7#a7 ,in general ,in addition to any other fee authorized by law1 the ,secretary of ,homeland ,security is authorized to charge and collect a fee of #cfj for each application for temporary protected status under section #bdd of the ,immigration and ,nationality ,act by a person who is only eligible for such status by reason of subsection 7a74 7#b7 ,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 7#a74 #f4 ,differential treatment of ,hong ,kong residents for immigration purposes 7a7 ,in general ,for not less than #e years from such time as the ,president suspends1 in whole or in part1 special treatment of ,hong ,kong under ,united ,states law1 ,hong ,kong will continue to be considered a separate foreign state apart from the ,,prc as mandated in section #ajc of ,public ,law #aja-fdi and thus ,hong ,kong will continue to be treated as a separate foreign state for purposes of a numerical level established under section #aaeb of title #h1 ,united ,states ,code4 7b7 ,regulations ,in order to facilitate the future verification of ,hong ,kong residency status of visa applicants from the ,,prc1 the ,secretary of ,state shall-- 7#a7 issue regulations within #cfe 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 ,states1 including through such means as-- 7,a7 recording of biometric data2 7,b7 official registration and scanning of birth certificates1 residency cards1 and other documentation establishing long-term residency2 and 7,c7 collection of other personal information1 data1 and records deemed appropriate by the ,secretary2 7#b7 issue guidance within #ahj 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 ,states2 and 7#c7 provide within #ahj 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 7#a7 and 7#b74 #g4 ,admission for certain highly skilled ,hong ,kong residents 7a7 ,in general ,subject to subsection 7c71 the ,secretary of ,homeland ,security1 or1 notwithstanding any other provision of law1 the ,secretary of ,state in consultation with the ,secretary of ,homeland ,security1 may provide an alien described in subsection 7b7 with the status of a special immigrant under section #aja7;a77#bg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg771 if the alien-- 7#a7 or an agent acting on behalf of the alien1 submits a petition for classification under section #bjc7;b77#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#d772 7#b7 is otherwise eligible to receive an immigrant visa2 7#c7 is otherwise admissible to the ,united ,states for permanent residence 7excluding the grounds for inadmissibility specified in section #bab7;a77#d7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#d772 and 7#d7 cleared a background check and appropriate screening1 as determined by the ,secretary of ,homeland ,security4 7b7 ,aliens described 7#a7 ,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 #aj years as of the date of enactment of this ,act1 and-- 7,a7 has received a graduate diploma from an accredited institution2 7,b7 has completed undergraduate or graduate education in the ,united ,states2 or 7,c7 is the sole or majority owner of a company with more than #ej direct employees or greater than #e million in assets4 7#b7 ,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 7#a74 7c7 ,numerical limitations 7#a7 ,in general ,the total number of principal aliens who may be provided special immigrant status under this section may not exceed #ej1jjj per year for each of the #e fiscal years beginning after the date of the enactment of this ,act4 ,the ,secretary may1 in consultation with the ,secretary of ,state1 prioritize holders of diplomas in ,,stem fields1 including the physical and life sciences1 computer science1 engineering1 technology1 math1 and medicine4 7#b7 ,exclusion from numerical limitations ,aliens provided immigrant status under this section shall not be counted against any numerical limitation under section #bja1 #bjb1 #bjc1 or #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 #aaec1 and #aaeg74 7d7 ,protection of aliens ,the ,secretary of ,state1 in consultation with the heads of other relevant ,federal agencies1 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 possible1 of such alien if the ,secretary determines after consultation that such alien is in imminent danger4 7e7 ,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 classification4 7f7 ,timeline for processing applications 7#a7 ,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 applications1 including required screenings and background checks1 are completed not later than #b years after the date on which an eligible applicant submits an application under subsection 7a74 7#b7 ,exception ,notwithstanding paragraph 7#a71 the relevant ,federal agencies may take additional time to process applications described in paragraph 7#a7 if satisfaction of national security concerns requires such additional time1 provided that the ,secretary of ,homeland ,security1 or the designee of the ,secretary1 has determined that the applicant meets the requirements for status as a special immigrant under this section and has so notified the applicant4 #h4 ,adjustment to lawful permanent resident status of certain nationals of the ,,prc 7a7 ,in general ,subject to subsection 7c77#a71 whenever an alien described in subsection 7b7 applies for adjustment of status under section #bde of the ,immigration and ,nationality ,act during the application period 7as defined in subsection 7e77 the following rules shall apply with respect to such adjustment3 7#a7 ,the alien shall be deemed to have had a petition approved under section #bjd7;a7 of such ,act for classification under section #bjc7;b77#c77;,a77i7 of such ,act4 7#b7 ,the application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed4 7#c7 ,in determining the alien's admissibility as an immigrant1 and the alien's eligibility for an immigrant visa-- 7,a7 paragraphs 7#e7 and 7#g77;,a7 of section #bab7;a7 and section #bab7;e7 of such ,act shall not apply2 and 7,b7 the ,attorney ,general may waive any other provision of section #bab7;a7 7other than paragraph 7#b77;,c7 and subparagraph 7,a71 7,b71 7,c71 or 7,e7 of paragraph 7#c77 of such ,act with respect to such adjustment for humanitarian purposes1 for purposes of assuring family unity1 or if otherwise in the public interest4 7#d7 ,the numerical level of section #bjb7;a77#b7 of such ,act shall not apply4 7#e7 ,section #bde7;c7 of such ,act shall not apply4 7b7 ,aliens covered ,for purposes of this section1 an alien described in this subsection is an alien who-- 7#a7 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 ,region2 7#b7 was born in or has been a resident or permanent resident of ,hong ,kong for at least #aj years2 7#c7 has initiated permanent residence in the ,united ,states 7other than brief1 casual1 and innocent absences7 during the period beginning ,june #a1 #bjai1 and ending on the date that is #e years from the date of enactment of this ,act2 and 7#d7 was not physically present in the ,,prc for longer than #ij days after the date of establishment of such permanent residence4 7c7 ,condition2 dissemination of information 7#a7 ,not applicable if safe return permitted ,subsection 7a7 shall not apply to any alien if the ,secretary of ,state has determined and certified to ,congress1 before the first day of the application period1 that conditions in the ,,prc permit aliens described in subsection 7b77#a7 to return to that foreign state in safety4 7#b7 ,dissemination of information ,if the ,president has not made the certification described in paragraph 7#a7 by the first day of the application period1 the ,secretary of ,homeland ,security shall1 subject to the availability of appropriations1 immediately broadly disseminate to aliens described in subsection 7b7 information respecting the benefits available under this section4 ,to the extent practicable1 the ,secretary shall provide notice of these benefits to the last known mailing address of each such alien4 7d7 ,exclusion from numerical limitations ,aliens provided immigrant visas under this section shall not be counted against any numerical limitation under sections #bja1 #bjb1 or #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 or #aaec74 #i4 ,reporting requirements 7a7 ,in general ,on an annual basis1 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and other ,federal agencies1 as appropriate1 shall submit a report to the appropriate congressional committees on-- 7#a7 the number of ,hong ,kong ,,sar residents who have applied for admittance1 been admitted1 and been provided permanent residence in the ,united ,states during the preceding fiscal year1 disaggregated by visa type or residence status1 including refugee1 temporary protected status1 special immigrant visa1 and legal permanent residence status provided for under this ,act2 7#b7 the number of denials or rejections of applicants1 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 year2 7#c7 the number of ,hong ,kong ,,sar residents that have applied for political asylum by fiscal year1 including number of rejections1 and disaggregated by basis for denial during the previous fiscal year2 and 7#d7 other matters deemed relevant by the ,secretary on efforts to protect and facilitate the resettlement of refugees and victims of political persecution in ,hong ,kong4 7b7 ,form ,each report under subsection 7a7 shall be submitted in unclassified form and published on a text-searchable1 publicly available website of the ,department of ,state4 #aj4 ,strategy for international cooperation on ,hong ,kong 7a7 ,in general ,it is the policy of the ,united ,states-- 7#a7 to support the people of ,hong ,kong by providing temporary relief1 refugee status1 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 beliefs2 and 7#b7 to encourage like-minded nations to make similar accommodations for ,hong ,kong people fleeing oppression by the ,government of the ,,prc4 7b7 ,plan ,the ,secretary of ,state1 in consultation with the heads of other ,federal agencies1 as appropriate1 shall develop a plan to engage with other nations1 including the ,united ,kingdom1 on cooperative efforts to-- 7#a7 provide refugee and asylee protections for victims of1 and individuals with a fear of1 political persecution in ,hong ,kong1 either by ,hong ,kong authorities or other authorities acting on behalf of the ,,prc2 7#b7 enhance protocols to facilitate the relocation of refugees and displaced persons from ,hong ,kong2 and 7#c7 expedite sharing of information1 as appropriate1 related to individual visa or travel document rejections of applicants from the ,hong ,kong ,,sar for reasons of-- 7,a7 national security concerns2 7,b7 fraudulent or corrupt practices related to immigration or victim protection1 including refugee and asylee protections2 and 7,c7 fraud and corruption4 7c7 ,report ,within #ij days of enactment of this ,act1 the ,secretary of ,state or his or her designee shall submit a report on such plan described in paragraphs 7#a7 through 7#c7 of subsection 7b7 to the appropriate congressional committees4 #aa4 ,sunset ,this ,act shall sunset on the date that is #e years after the date of enactment of this ,act4