,,ii #aafth ,,congress #b;d ,session ,s4 #dbbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjbj,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hong ,kong ,people's ,freedom and ,choice ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,findings4,sec4 #d4 ,statement of policy4,sec4 #e4 ,protection for ,hong ,kong residents in the ,united ,states4,sec4 #f4 ,differential treatment of ,hong ,kong residents for immigration purposes4,sec4 #g4 ,admission for certain highly skilled ,hong ,kong residents4,sec4 #h4 ,adjustment to lawful permanent resident status of certain nationals of the ,,prc4,sec4 #i4 ,reporting requirements4,sec4 #aj4 ,strategy for international cooperation on ,hong ,kong4,sec4 #aa4 ,sunset4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,basic law ,the term ,basic ,law means the ,basic ,law of the ,hong ,kong ,special ,administrative ,region of the ,,prc4 7#c7 ,hong kong ,the term ,hong ,kong means the ,hong ,kong ,special ,administrative ,region4 7#d7 ,,npc ,the term ,,npc means the ,national ,people's ,congress of the ,,prc4 7#e7 ,,prc ,the term ,,prc means the ,people's ,republic of ,china4 7#f7 ,priority hong kong resident ,the term priority ,hong ,kong resident means-- 7,a7 any lawful resident of ,hong ,kong or lawful permanent residents of ,hong ,kong who1 as of the date of the enactment of this ,act-- 7i7 holds no right to citizenship or residency in any country or jurisdiction other than in the ,,prc1 ,hong ,kong1 or ,macau2 and 7ii7 has continuously resided in ,hong ,kong during the #aj-year period ending on such date of enactment2 and 7,b7 the immediate family member of any person described in subparagraph 7,a74 7#g7 ,sino-,british joint declaration ,the term ,sino-,british ,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 done at ,beijing ,december #ai1 #aihd4 #c4 ,findings ,congress finds the following3 7#a7 ,the ,,npc 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 ,sino-,british ,joint ,declaration2 and 7,c7 cause severe and irreparable damage to the 8one country1 two systems0 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 individuals who have fled oppression of authoritarian regimes1 including citizens from the ,,prc following the violent ,june #d1 #aihi1 crackdown in ,tiananmen ,square1 which has deepened ties between the people of the ,united ,states and individuals1 regardless of nationality1 who are 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 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 ,nazi ,germany1 the ,soviet ,union1 ,soviet-controlled ,central ,europe1 ,cuba1 ,vietnam1 and ,iran4 7#f7 ,offering prospective refuge to the people 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 some of its immense wealth and talent to the ,united ,states4 7#g7 ,a mid-#bjbj ,brookings report states1 ,chinese officials see the ,united ,states' continued ability to attract and retain ,chinese talent as a serious impediment to their technological ambitions4 7#h7 ,a #bjji report published in ,issues in ,science and ,technology states1 competition for science and technology brainpower 4 4 4 will become one of the key defining features of the ,west's interactions with the ,,prc over the coming decades4 7#i7 ,a major asymmetric advantage for the ,united ,states in its long-term1 strategic competition with the ,communist ,party of ,china is the ability of people from every country in the world1 regardless of their race1 ethnicity1 or religion1 to immigrate to the ,united ,states and become ,united ,states 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-chc2 #bb ,u4,s4,c4 #egja et seq471 including-- 7,a7 the strong interest of the ,united ,states in the continued vitality1 prosperity1 and stability of ,hong ,kong2 7,b7 support for democratization is a fundamental principle of ,united ,states foreign policy that 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 ,sino-,british ,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-- 7,a7 allowing the people of ,hong ,kong to govern ,hong ,kong with a high degree of autonomy and without undue interference2 and 7,b7 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-- 7,a7 a genuine democratic option to freely and fairly nominate and elect the ,chief ,executive of ,hong ,kong2 and 7,b7 open and direct democratic elections for all members of the ,hong ,kong ,legislative ,council by the end of #bjbj2 7#f7 to support the robust exercise ,hong ,kong residents of the rights to free speech1 the press1 and other fundamental freedoms1 as provided by the ,basic ,law1 the ,sino-,british ,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 ,sino-,british ,joint ,declaration1 and the ,international ,covenant on ,civil and ,political ,rights2 7#h7 to draw international attention to-- 7,a7 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 ,rights2 and 7,b7 any encroachment upon the autonomy guaranteed to ,hong ,kong by the ,basic ,law and the ,sino-,british ,joint ,declaration2 7#i7 to protect ,united ,states citizens and long-term permanent residents living in ,hong ,kong and people visiting and transiting through ,hong ,kong2 7#aj7 to maintain the economic and cultural ties that provide significant benefits to 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 with respect to new national security legislation in ,hong ,kong1 to review ,united ,states immigration1 asylum1 and residency laws to ensure that residents of ,hong ,kong who are fleeing persecution and seeking better opportunities will be welcomed in the ,united ,states4 #e4 ,protection for ,hong ,kong residents in the ,united ,states ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7 is amended by adding at the end the following3 7j7 ,protection for ,hong ,kong residents in the ,united ,states 7#a7 ,definitions ,in this subsection1 the terms ,basic ,law and ,,npc have the meanings given such terms in section #b of the ,hong ,kong ,people's ,freedom and ,choice ,act4 7#b7 ,designation 7,a7 ,in general ,hong ,kong shall be treated as having been designated under subsection 7b77#a77;,c71 subject to the provisions of this subsection4 7,b7 ,period of designation ,the initial period of the designation described in subparagraph 7,a7 shall be for the #ah-month period beginning on the date on which the ,standing ,committee of the ,,npc promulgates national security legislation with respect to ,hong ,kong that amends ,article ,,iii of the ,basic ,law4 7#c7 ,aliens eligible ,as a result of the designation described in paragraph 7#b71 an alien who is a resident of ,hong ,kong is deemed to satisfy the requirements under subsection 7c77#a7 7subject to subsection7c77#c77 if the alien-- 7,a7 has been continuously physically present in the ,united ,states since the date of the enactment of the ,hong ,kong ,people's ,freedom and ,choice ,act2 7,b7 is admissible as an immigrant1 except as otherwise provided in subsection 7c77#b77;,a72 7,c7 is not ineligible for temporary protected status under subsection 7c77#b77;,b72 and 7,d7 registers for temporary protected status in a manner established by the ,secretary of ,homeland ,security4 7#d7 ,consent to travel abroad 7,a7 ,in general ,the ,secretary of ,homeland ,security shall give prior consent to travel abroad1 in accordance with subsection 7f77#c71 to an alien who is granted temporary protected status pursuant to the designation described in paragraph 7#b7 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 subparagraph 7,a7 shall be treated as any other returning alien provided temporary protected status under this section4 7#e7 ,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 this section #bdd by a person who is only eligible for such status by reason of paragraph 7#b74 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 subparagraph 7,a74 4 #f4 ,differential treatment of ,hong ,kong residents for immigration purposes 7a7 ,in general ,during the #e-year period beginning on the date on which the ,president suspends1 in whole or in part1 special treatment of ,hong ,kong under ,united ,states law1 ,hong ,kong will continue-- 7#a7 to be considered a separate foreign state apart from the ,,prc in accordance with section #ajc of the ,immigration ,act of #aiij 7,public ,law #aja-fdi2 #h ,u4,s4,c4 #aaeb note72 and 7#b7 to be treated as a separate foreign state for purposes of a numerical level established under section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb74 7b7 ,responsibilities of the ,secretary of ,state 7#a7 ,rulemaking ,in order to facilitate the future verification of ,hong ,kong residency status of visa applicants from the ,,prc1 the ,secretary of ,state1 not later than #a year after the date of the enactment of this ,act1 shall issue regulations 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-- 7,a7 recording biometric data2 7,b7 officially registering and scanning of birth certificates1 residency cards1 and other documentation establishing long-term residency2 and 7,c7 collecting other personal information1 data1 and records considered appropriate by the ,secretary4 7#b7 ,guidance ,not later than #ahj 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 ,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 ,states4 7#c7 ,briefing requirement ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall provide a briefing to the ,committee on ,foreign ,relations of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives describing the plans to implement the requirements described in 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 or the ,secretary of ,state1 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#bg77 if the alien1 or an agent acting on behalf of the alien-- 7#a7 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 clears 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-- 7,a7 is a citizen of the ,,prc2 7,b7 was born in1 or has been a resident or permanent resident of1 ,hong ,kong for at least #aj years as of the date of the enactment of this ,act2 and 7,c7 7i7 has received a graduate diploma from an accredited institution2 7ii7 has completed undergraduate or graduate education in the ,united ,states2 or 7iii7 is the sole or majority owner of a company with more than #ej direct employees or greater than #e1jjj1jjj in assets4 7#b7 ,spouses and children ,an alien is described in this subsection if the alien is the spouse or child of an 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 for any of the #e fiscal years beginning after the date of the enactment of this ,act4 7#b7 ,,stem degree ,in admitting aliens under this section1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 may give priority to aliens who have earned a college degree in science1 technology1 engineering1 or mathematics1 including the physical and life sciences1 computer science1 engineering1 technology1 and medicine4 7#c7 ,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 subsection 7b7 who is applying for a special immigrant visa under subsection 7a7 with protection or the immediate removal from the ,,prc1 to the extent possible1 if the ,secretary determines 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 classification under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7f7 ,timeline for processing applications 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary of ,state and the ,secretary of ,homeland ,security shall ensure that the ,united ,states ,government takes all necessary actions incidental to the approval of applications submitted under subsection 7a71 including required screenings and background checks1 are completed not later than #b years after the submission of such applications by an eligible applicant4 7#b7 ,exception ,notwithstanding paragraph 7#a71 the relevant ,federal agencies may take additional time to process applications submitted under subsection 7a7 after the #b-year deadline to the extent satisfaction of national security concerns requires such additional time if the ,secretary of ,homeland ,security1 or a designee of the ,secretary1 not later than such deadline-- 7,a7 determines that the applicant meets the requirements for status as a special immigrant under this section2 and 7,b7 notifies the applicant of such determination4 #h4 ,adjustment to lawful permanent resident status of certain nationals of the ,,prc 7a7 ,in general ,subject to subsection 7c77#a71 if an alien described in subsection 7b7 applies for adjustment of status under section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 during the period described in subsection 7e77#b7 of such section-- 7#a7 the alien shall be deemed to have had a petition approved under section #bjd7;a7 of such ,act 7#h ,u4,s4,c4 #aaed7;a77 for classification under section #bjc7;b77#c77;,a77i7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#c77;,a77i772 7#b7 the application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed2 7#c7 in determining the alien's admissibility as an immigrant and the alien's eligibility for an immigrant visa-- 7,a7 subsections 7a77#e71 7a77#g77;,a71 and 7e7 of section #bab of such ,act 7#h ,u4,s4,c4 #aahb7 shall not apply2 and 7,b7 the ,attorney ,general may waive any other provision of section #bab7;a7 of such ,act 7other than paragraphs 7#b77;,c71 7#c77;,a71 7#c77;,c71 and 7#c77;,e7 of such section7 with respect to such adjustment for humanitarian purposes1 to ensure family unity1 or if otherwise in the public interest2 7#d7 the numerical limitation under section #bjb7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 shall not apply2 and 7#e7 section #bde7;c7 of such ,act 7#h ,u4,s4,c4 #abee7;c77 shall not apply4 7b7 ,aliens covered ,an alien is described in this subsection if the alien-- 7#a7 faces a fear of persecution on account of his or her political opinion by the ,government of the ,,prc or ,hong ,kong authorities2 7#b7 was born in1 or has been a resident or permanent resident of1 ,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 after the date of the enactment of this ,act2 and 7#d7 was not physically present in the ,,prc for longer than #ij days after the date he or she established 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 determines and certifies to ,congress1 before the first day of the period referred to in subsection 7a71 that conditions in the ,,prc permit aliens described in subsection 7b7 to return to such the ,,prc in safety4 7#b7 ,dissemination of information ,if the ,president does not made the certification described in paragraph 7#a7 before the first day of the period referred to in subsection 7a71 the ,secretary of ,homeland ,security1 subject to the availability of appropriations1 shall-- 7,a7 immediately broadly disseminate information respecting the benefits available under this section to aliens described in subsection 7b72 and 7,b7 to the extent practicable1 provide notice of such 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 section #bja1 #bjb1 or #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea1 #aaeb1 and #aaec74 #i4 ,reporting requirements 7a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and other ,federal agencies1 as appropriate1 shall submit an annual report to the appropriate congressional committees that identifies-- 7#a7 the number of ,hong ,kong residents who have applied for admittance1 have been admitted1 and have 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 denial1 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 residents that have applied for political asylum during the preceding fiscal year1 including the number of rejections1 disaggregated by the basis for denial2 and 7#d7 other matters deemed relevant by the ,secretary regarding 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 if the ,,prc enacts legislation that renders certain ,hong ,kong residents at risk of persecution due to their political beliefs2 and 7#b7 to encourage like-minded nations to make similar accommodations for the people of ,hong ,kong 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 to carry out cooperative efforts-- 7#a7 to 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 to enhance protocols to facilitate the relocation of refugees and displaced persons from ,hong ,kong2 and 7#c7 to expedite information sharing1 as appropriate1 related to individual visa or travel document rejections of applicants from ,hong ,kong resulting from-- 7,a7 national security concerns2 7,b7 fraudulent or corrupt practices related to immigration or victim protection1 including refugee and asylee protections2 or 7,c7 fraud and corruption4 7c7 ,report ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 or his or her designee1 shall submit a report containing the plan described in subsection 7b7 to the appropriate congressional committees4 #aa4 ,sunset ,this ,act shall be effective during the #e-year period beginning on the date of the enactment of this ,act4