#aafth ,,congress #b;d ,session ,h4 ,r4 #hdbh ,,an ,,act ,to provide for temporary protected status for residents of ,hong ,kong1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hong ,kong ,people's ,freedom and ,choice ,act of #bjbj4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,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 ,kong1 signed on ,december #ai1 #aihd1 and entered into force on ,may #bg1 #aihe4 7#b7 ,priority ,hong ,kong resident ,the term ,priority ,hong ,kong resident means-- 7,a7 a permanent resident of ,hong ,kong who-- 7i7 holds no right to citizenship 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 ,act2 7ii7 has resided in ,hong ,kong for not less than the last #aj years as of the date of enactment of this ,act2 and 7iii7 has been designated by the ,secretary of ,state or ,secretary of ,homeland ,security as having met the requirements of this subparagraph1 in accordance with the procedures described in section #g of this ,act2 or 7,b7 the spouse of a person described in subparagraph 7,a71 or the child of such person as such term is defined in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a771 except that a child shall be an unmarried person under twenty-seven years of age4 7#c7 ,hong kong national security law ,the term ,hong ,kong ,national ,security ,law means the ,law of the ,people's ,republic of ,china on ,safeguarding ,national ,security in the ,hong ,kong ,special ,administrative ,region that was passed unanimously by the ,national ,people's ,congress and signed by ,president ,xi ,jinping on ,june #cj1 #bjbj1 and promulgated in the ,hong ,kong ,special ,administrative ,region 7referred to in this ,act as ,hong ,kong ,,sar7 on ,july #a1 #bjbj4 7#d7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 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 on the ,judiciary of the ,senate4 #c4 ,findings ,congress finds the following3 7#a7 ,the ,hong ,kong ,national ,security ,law promulgated on ,july #a1 #bjbj-- 7,a7 contravenes the ,basic ,law of the ,hong ,kong ,special ,administrative ,region 7referred to in this ,act as the ,basic ,law7 that provides in ,article #bc that the ,legislative ,council of ,hong ,kong shall enact legislation related to national security2 7,b7 violates the ,,prc's commitments under international law1 as defined by the ,joint ,declaration2 and 7,c7 causes severe and irreparable damage to the one country1 two systems principle and further erodes global confidence in the ,,prc's commitment to international law4 7#b7 ,on ,july #ad1 #bjbj1 in response to the promulgation of the ,hong ,kong ,national ,security ,law1 ,president ,trump signed an ,executive order on ,hong ,kong normalization that1 among other policy actions1 suspended the special treatment of ,hong ,kong persons under ,u4,s4 law with respect to the issuance of immigrant and nonimmigrant visas4 7#c7 ,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#d7 ,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#e7 ,the ,united ,states has sheltered1 protected1 and welcomed individuals who have fled 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 individuals seeking to contribute to a free1 open society founded on democracy1 human rights1 and the respect for the rule of law4 7#f7 ,the ,united ,states has reaped enormous economic1 cultural1 and strategic benefits 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 cases of ,nazi ,germany1 the ,soviet ,union1 and ,soviet-controlled ,central ,europe1 ,cuba1 ,vietnam1 and ,iran4 7#g7 ,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 ethnicity1 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 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 ,law2 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 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 ,kong1 including the reinstatement of the ,fulbright exchange program with regard to ,hong ,kong at the earliest opportunity2 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 to welcome and protect in the ,united ,states residents of ,hong ,kong fleeing persecution or otherwise seeking a safe haven from violations by the ,government of the ,,prc of the fundamental rights of the people of ,hong ,kong4 #e4 ,temporary protected status 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 on the date of enactment of this ,act4 7b7 ,aliens eligible ,as a result of the designation made under subsection 7a71 an alien 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 was a permanent resident of ,hong ,kong at the time such individual arrived into the ,united ,states and is a national of the ,,prc 7or in the case of an individual having no nationality1 is a person who last habitually resided in ,hong ,kong72 7#b7 has been continuously physically present in the ,united ,states since the date of the enactment of this ,act2 7#c7 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#d7 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 ,treatment of ,hong ,kong residents for immigration purposes ,notwithstanding any other provision of law1 during the #e fiscal year period beginning on the first day of the first full fiscal year after the date of enactment of this ,act1 ,hong ,kong shall continue to be considered a foreign state separate and apart from the ,,prc as mandated under section #ajc of the ,immigration and ,nationality ,act of #aiij 7,public ,law #aja-fdi7 for purposes of the numerical limitations on immigrant visas under sections #bja1 #bjb1 and #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 #g4 ,verification of ,hong ,kong priority residents 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall publish in the ,federal ,register1 an interim final rule establishing procedures for designation of ,hong ,kong ,priority ,residents4 ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the rule shall be effective1 on an interim basis1 immediately upon publication1 but may be subject to change and revision after public notice and opportunity for comment4 ,the ,secretary of ,state shall finalize such rule not later than #a year after the date of the enactment of this ,act4 ,such rule shall establish procedures-- 7#a7 for individuals to register with any ,united ,states embassy or consulate outside of the ,united ,states1 or with the ,department of ,homeland ,security in the ,united ,states1 and request designation as a ,priority ,hong ,kong ,resident2 and 7#b7 for the appropriate ,secretary to verify the residency of registered individuals and designate those who qualify as ,priority ,hong ,kong ,residents4 7b7 ,documentation ,the procedures described in subsection 7a7 shall include the collection of-- 7#a7 biometric data2 7#b7 copies of birth certificates1 residency cards1 and other documentation establishing residency2 and 7#c7 other personal information1 data1 and records deemed appropriate by the ,secretary4 7c7 ,guidance ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall issue guidance outlining actions to enhance the ability of the ,secretary to efficiently send and receive information to and from the ,united ,kingdom and other like-minded allies and partners for purposes of rapid verification of permanent residency in ,hong ,kong and designation of individuals as ,priority ,hong ,kong ,residents4 7d7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit a report to the ,house ,committees on ,foreign ,affairs and the ,judiciary and the ,senate ,committees on ,foreign ,relations and the ,judiciary detailing plans to implement the requirements described in this subsection4 7e7 ,protection for refugees ,nothing in this section shall be construed to prevent a ,priority ,hong ,kong ,resident from seeking refugee status under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 or requesting asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh74 #h4 ,reporting requirements 7a7 ,in general ,on an annual basis1 the ,secretary of ,state and the ,secretary of ,homeland ,security1 in consultation with other ,federal agencies1 as appropriate1 shall submit a report to the appropriate congressional committees1 detailing for the previous fiscal year-- 7#a7 the number of ,hong ,kong ,,sar residents who have applied for ,u4,s4 visas or immigration benefits1 disaggregated by visa type or immigration benefit1 including asylum1 refugee status1 temporary protected status1 and lawful permanent residence2 7#b7 the number of approvals1 denials1 or rejections of applicants for visas or immigration benefits described in paragraph 7#a71 disaggregated by visa type or immigration benefit and basis for denial2 7#c7 the number of pending refugee and asylum applications for ,hong ,kong ,,sar residents1 and the length of time and reason for which such applications have been pending2 and 7#d7 other matters deemed relevant by the ,secretaries relating to efforts to protect and facilitate the resettlement of refugees and victims of 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 ,state and the ,department of ,homeland ,security4 #i4 ,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 safe haven to ,hong ,kong ,,sar residents who are nationals of the ,,prc following the enactment of the ,hong ,kong ,national ,security ,law that places certain ,hong ,kong persons at risk of persecution2 and 7#b7 to encourage like-minded nations to make similar accommodations for ,hong ,kong people fleeing persecution 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 asylum protections for victims of1 and individuals with a fear of1 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 resettlement of refugees and displaced persons from ,hong ,kong2 7#c7 identify and prevent the exploitation of immigration and visa policies and procedures by corrupt officials2 and 7#d7 expedite the sharing of information1 as appropriate1 related to the refusal of individual applications for visas or other travel documents submitted by residents of the ,hong ,kong ,,sar based on-- 7,a7 national security or related grounds under section #bab7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c772 or 7,b7 fraud or misrepresentation under section #bab7;a77#f77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c774 7c7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the heads of other ,federal agencies1 as appropriate1 shall submit a report on the plan described in subsection 7b7 to the appropriate congressional committees4 #aj4 ,refugee status for certain residents of ,hong ,kong 7a7 ,in general ,aliens described in subsection 7b7 may establish1 for purposes of admission as a refugee under sections #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 or asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh71 that such alien has a well-founded fear of persecution on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion by asserting such a fear and a credible basis for concern about the possibility of such persecution4 7b7 ,aliens described 7#a7 ,in general ,an alien is described in this subsection if such alien-- 7,a7 is a ,priority ,hong ,kong ,resident and-- 7i7 had a significant role in a civil society organization supportive of the protests in #bjai and #bjbj related to the ,hong ,kong ,national ,security ,law and the encroachment on the autonomy of ,hong ,kong by the ,,prc2 7ii7 was arrested1 charged1 detained1 or convicted of an offense arising from their participation in an action as described in section #bjf7;b77#b7 of the ,united ,states-,hong ,kong ,policy ,act of #aiib 7#bb ,u4,s4,c4 #egbf7;b77#b77 that was not violent in nature2 or 7iii7 has had their citizenship1 nationality1 or residency revoked for having submitted to any ,united ,states ,government agency a nonfrivolous application for refugee status1 asylum1 or any other immigration benefit under the immigration laws 7as defined in section #aja7;a7 of that ,act 7#h ,u4,s4,c4 #aaja7;a7772 7,b7 is a ,priority ,hong ,kong ,resident spouse or child of an alien described in subparagraph 7,a72 or 7,c7 is the parent of an alien described in subparagraph 7,a71 if such parent is a citizen of the ,,prc and no other foreign state4 7#b7 ,other categories ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may designate other categories of aliens for purposes of establishing a well-founded fear of persecution under subsection 7a7 if such aliens share common characteristics that identify them as targets of persecution in the ,,prc on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion4 7#c7 ,significant role ,for purposes of clause 7i7 of subsection 7b77#a77;,a71 a significant role shall include1 with respect to the protests described in such clause-- 7,a7 an organizing role2 7,b7 a first aid responder2 7,c7 a journalist or member of the media covering or offering public commentary2 7,d7 a provider of legal services to one or more individuals arrested for participating in such protests2 or 7,e7 a participant who during the period beginning on ,june #i1 #bjai1 and ending on ,june #cj1 #bjbj1 was arrested1 charged1 detained1 or convicted as a result of such participation4 7c7 ,age out protections ,for purposes of this section1 a determination of whether an alien is a child shall be made using the age of the alien on the date on which the alien files an application for refugee or asylum status with the ,secretary of ,homeland ,security4 7d7 ,exclusion from numerical limitations ,aliens provided refugee status under this section shall not be counted against the numerical limitation on refugees established in accordance with the procedures described in section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg74 7e7 ,reporting requirements 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and every #ij days thereafter1 the ,secretary of ,state and the ,secretary of ,homeland ,security shall submit a report on the matters described in paragraph 7#b7 to-- 7,a7 the ,committee on the ,judiciary and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,matters to be included ,each report required by paragraph 7#a7 shall include-- 7,a7 the total number of refugee and asylum applications that are pending at the end of the reporting period2 7,b7 the average wait-times for all applicants for refugee status or asylum pending-- 7i7 a prescreening interview with a resettlement support center2 7ii7 an interview with ,u4,s4 ,citizenship and ,immigration ,services2 and 7iii7 the completion of security checks2 7,c7 the number of approvals1 referrals including the source of the referral1 denials of applications for refugee status or asylum1 disaggregated by the reason for each such denial2 and 7,d7 the number of refugee circuit rides to interview populations that would include ,hong ,kong ,,sar completed in the last #ij days1 and the number planned for the subsequent #ij-;day period4 7#c7 ,form ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7#d7 ,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 ,state4 #aa4 ,statement of policy on encouraging allies and partners to make similar accommodations ,it is the policy of the ,united ,states to encourage allies and partners of the ,united ,states to make accommodations similar to the accommodations made in this ,act for residents of the ,hong ,kong ,special ,administrative ,region who are fleeing oppression by the ,government of the ,people's ,republic of ,china4 #ab4 ,termination ,except as provided in section #f of this ,act1 this ,act shall cease to have effect on the date that is #e years after the date of the enactment of this ,act4 ,passed the ,house of ,representatives ,december #g1 #bjbj4;,clerk4