Friday, October 15, 2021

Congressional-Executive Commission on China (CECC) Hearings: "Protection from Persecution: Establishing Humanitarian Pathways for Hong Kongers and Uyghurs"

 

 
The Congressional-Executive Commission on China (CECC) has recently announced hearings designed to push forward legislative agendas in the US Congress to produce measures targeting Chinese central authority policies in Hong Kong and Xinjiang. The hearings,  "Protection from Persecution: Establishing Humanitarian Pathways for Hong Kongers and Uyghurs" is intended to be a "catalyst for passage of legislation offered in the 117th Congress to extend protections for Hong Kongers and Uyghurs facing a well-founded fear of persecution, including legislation offered by CECC Commissioners." (Press Release).

The hearings are scheduled for Tuesday, October 19, 2021 (10:00am-12:30pm) at 106 Dirksen Senate Office Building. Included in the Press Release is the following:

 

The Chinese government not only continues to repress its people but also seeks the repatriation of those searching for protection elsewhere. It has sought the forcible return of Uyghurs and Kazakhs from Kazakhstan and Thailand, and reportedly threatened to withhold COVID-19 vaccines until the Turkish government turned over Uyghurs. In Hong Kong, those seeking refuge abroad face arrests and exit bans. This hearing will examine the threats faced by those seeking protection from persecution inside and outside of China and the Chinese government’s obligations to protect asylum seekers under international law. In addition, the hearing will explore the authorities available to the Administration and the international community to protect the people of Hong Kong, Uyghurs, Kazakhs, and others. The hearing also aims to be a catalyst for passage of legislation offered in the 117th Congress to extend protections for Hong Kongers and Uyghurs facing a well-founded fear of persecution, including legislation offered by CECC Commissioners, such as the following:

 

  • Hong Kong Safe Harbor Act, S. 295, H.R. 461
  • Hong Kong People’s Freedom and Choice Act, H.R. 4276
  • Uyghur Human Rights Protection Act, S. 1080, H.R. 1630

 

The hearing will be livestreamed on the CECC’s YouTube Channel.

 

Witnesses: Panel 1 (Members of Congress to be determined); Panel 2 Olivia Enos, Senior Policy Analyst, The Heritage Foundation; Sunny Cheung, Advisor, Hong Kong Democracy Council; and Tahir Hamut Izgil, Uyghur poet and filmmaker

 The Congressional-Executive Commission on China was created by the U.S. Congress in 2000 "with the legislative mandate to monitor human rights and the development of the rule of law in China, and to submit an annual report to the President and the Congress. The Commission consists of nine Senators, nine Members of the House of Representatives, and five senior Administration officials appointed by the President." (CECC About). The CECC FAQs provide useful information about the CECC. See CECC Frequently Asked Questions. They have developed positions on a number of issues.

CECC tends to serve as an excellent barometer of the thinking of political and academic elites in the United States about issues touching on China and the official American line developed in connection with those issues. As such it is an important source of information about the way official and academic sectors think about China. As one can imagine many of the positions of the CECC are critical of current Chinese policies and institutions (for some analysis see CECC). 

The texts of those proposed measures follow.

 

Text: H.R.461 — 117th Congress (2021-2022)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (01/25/2021)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 461 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 461

 To designate residents of the Hong Kong Special Administrative Region 
 as Priority 2 refugees of special humanitarian concern, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2021

Mr. Curtis (for himself, Mr. Gallagher, Mr. Stewart, Ms. Stefanik, Mr. 
 Kinzinger, Mr. Khanna, Mrs. Hartzler, Mr. Cohen, Mr. Rodney Davis of 
 Illinois, Mr. Wilson of South Carolina, Mr. Stanton, Mr. Schweikert, 
 and Mr. McClintock) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
  Foreign Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To designate residents of the Hong Kong Special Administrative Region 
 as Priority 2 refugees of special humanitarian concern, 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 Safe Harbor Act''.

SEC. 2. 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 Special 
        Administrative Region who 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 as described 
        in section 206(b)(2) of the United States-Hong Kong Policy Act 
        of 1992 (22 U.S.C. 5726).
            (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 citizen of the 
        United States; 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 Special Administrative Region 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, or 1157).
    (f) Reporting Requirements.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        submit a report on 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 by 
        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; and
                            (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 by 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. 3. WAIVER OF IMMIGRANT STATUS PRESUMPTION.

    (a) In General.--The presumption under the first sentence of 
section 214(b) (8 U.S.C. 1184(b)) that every alien is an immigrant 
until the alien establishes that the alien is entitled to nonimmigrant 
status shall not apply to an alien described in subsection (b).
    (b) Alien Described.--
            (1) In general.--An alien described in this paragraph is an 
        alien who--
                    (A) on June 30, 2020, is a resident of the Hong 
                Kong Special Administrative Region;
                    (B) is seeking entry to the United States to apply 
                for asylum under section 208 of the Immigration and 
                Nationality Act (8 U.S.C. 1158); and
                    (C)(i) had a leadership role in civil society 
                organizations supportive of the protests in 2019 and 
                2020 relating to the Hong Kong extradition bill and the 
                encroachment on the autonomy of Hong Kong by the 
                People's Republic of China;
                    (ii) had an organizing role for such protests;
                    (iii) acted as a first aid responder for such 
                protests;
                    (iv) suffered harm while covering such protests as 
                a journalist;
                    (v) provided paid or pro-bono legal services to 1 
                or more individuals arrested for participating in such 
                protests; or
                    (vi) during the period beginning on June 9, 2019, 
                and ending on June 30, 2020, was formally charged, 
                detained, or convicted for his or her participation in 
                such protests.
            (2) Exclusion.--An alien described in this paragraph does 
        not include any alien who is a citizen of a country other than 
        the People's Republic of China.

SEC. 4. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND 
              NATIONALITY ACT.

    (a) Persecution on Account of Political Opinion.--
            (1) In general.--For purposes of refugee determinations 
        under this Act in accordance with section 207 of the 
        Immigration and Nationality Act (8 U.S.C. 1157), an individual 
        whose citizenship, nationality, or residency is revoked for 
        having submitted to any United States Government agency a 
        nonfrivolous application for refugee status, asylum, or any 
        other immigration benefit under the immigration laws (as 
        defined in section 101(a) of that Act (8 U.S.C. 1101(a)) shall 
        be considered to have suffered persecution on account of 
        political opinion.
            (2) Nationals of the people's republic of china.--For 
        purposes of refugee determinations under this Act in accordance 
        with section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157), a national of the People's Republic of China 
        whose residency in the Hong Kong Special Administrative region, 
        or any other area within the jurisdiction of the People's 
        Republic of China, as determined by the Secretary of State, is 
        revoked for having submitted to any United States Government 
        agency a nonfrivolous application for refugee status, asylum, 
        or any other immigration benefit under the immigration laws 
        shall be considered to have suffered persecution on account of 
        political opinion.
    (b) Changed Circumstances.--For purposes of asylum determinations 
under this Act in accordance with section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, 
nationality, or residency of an individual for having submitted to any 
United States Government agency a nonfrivolous application for refugee 
status, asylum, or any other immigration benefit under the immigration 
laws shall be considered to be a changed circumstance under subsection 
(a)(2)(D) of that section.

SEC. 5. 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 China.

SEC. 6. TERMINATION.

    This Act, and the amendments made by this Act, shall cease to have 
effect on the date that is 5 years after the date of the enactment of 
this Act.
                                 <all>

________

 

Text: H.R.1630 — 117th Congress (2021-2022)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (03/08/2021)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1630 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1630

  To designate residents of the Xinjiang Uyghur Autonomous Region as 
  Priority 2 refugees of special humanitarian concern, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2021

Mr. Deutch (for himself, Mr. Diaz-Balart, Ms. Wexton, and Mr. Smith of 
 New Jersey) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To designate residents of the Xinjiang Uyghur Autonomous Region as 
  Priority 2 refugees of special humanitarian concern, 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 ``Uyghur Human Rights Protection 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Government of the People's Republic of China has a 
        long history of repressing Turkic Muslims and other Muslim 
        minority groups, particularly Uyghurs, in Xinjiang Uyghur 
        Autonomous Region (``Xinjiang'' or ``XUAR''), also known as 
        East Turkestan. Central and regional Chinese government 
        policies have systematically discriminated against these 
        minority groups by denying them a range of civil and political 
        rights, particularly freedom of religion.
            (2) In May 2014, the Government of the People's Republic of 
        China launched its latest ``Strike Hard Against Violent 
        Extremism'' campaign, using wide-scale, internationally linked 
        threats of terrorism as a pretext to justify pervasive 
        restrictions on and serious human rights violations against 
        members of ethnic minority communities in Xinjiang. The August 
        2016 appointment of former Tibet Autonomous Region Party 
        Secretary Chen Quanguo to be Party Secretary of the XUAR 
        accelerated the crackdown across the region. Scholars, human 
        rights organizations, journalists, and think tanks have 
        provided ample evidence substantiating the establishment by the 
        Government of the People's Republic of China of internment 
        camps. Since 2017, the Government of the People's Republic of 
        China has detained more than 1,000,000 Uyghurs, ethnic Kazakhs, 
        Kyrgyz, and members of other Muslim minority groups in these 
        camps. The total ethnic minority population of Xinjiang Uyghur 
        Autonomous Region was approximately 13,000,000 at the time of 
        the last census conducted by the People's Republic of China in 
        2010.
            (3) The Government of the People's Republic of China's 
        actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of 
        other Muslim minority groups in Xinjiang violate international 
        human rights laws and norms, including--
                    (A) the International Convention on the Elimination 
                of All Forms of Racial Discrimination, to which the 
                People's Republic of China has acceded;
                    (B) the Convention against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, which the 
                People's Republic of China has signed and ratified;
                    (C) The Convention on the Prevention and Punishment 
                of the Crime of Genocide, which the People's Republic 
                of China has signed and ratified;
                    (D) the International Covenant on Civil and 
                Political Rights, which the People's Republic of China 
                has signed; and
                    (E) the Universal Declaration of Human Rights and 
                the International Labor Organization's Force Labor 
                Convention (no. 29) and the Abolition of Forced Labor 
                Convention (no. 105).
            (4) Senior Chinese Communist Party officials bear direct 
        responsibility for gross human rights violations committed 
        against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
        Muslim minority groups. These abuses include the arbitrary 
        detention of more than 1,000,000 Uyghurs, ethnic Kazakhs, 
        Kyrgyz, and members of other Muslim minority groups, separation 
        of working age adults from their children and elderly parents, 
        and the integration of forced labor into supply chains.
            (5) Those held in detention facilities and internment camps 
        in the Xinjiang Uyghur Autonomous Region have described forced 
        political indoctrination, torture, beatings, food deprivation, 
        sexual assault, coordinated campaigns to reduce birth rates 
        among Uyghurs and other Turkic Muslims through forced 
        sterilization, and denial of religious, cultural, and 
        linguistic freedoms. These victims have confirmed they were 
        told by guards that the only way to secure their release was to 
        demonstrate adequate political loyalty. Poor conditions and 
        lack of medical treatment at such facilities appear to have 
        contributed to the deaths of some detainees, including the 
        elderly and infirm. Recent media reports indicate that since 
        2019 the Government of the People's Republic of China has newly 
        constructed, expanded, or fortified at least 60 detention 
        facilities with higher security or prison-like features.
            (6) In September 2018, United Nations High Commissioner for 
        Human Rights Michelle Bachelet noted ``the deeply disturbing 
        allegations of large-scale arbitrary detentions of Uighurs and 
        other Muslim communities, in so-called reeducation camps across 
        Xinjiang''.
            (7) In 2019, the Congressional-Executive Commission on 
        China concluded that, based on available evidence, the 
        establishment and actions committed in the internment camps in 
        Xinjiang Uyghur Autonomous Region may constitute ``crimes 
        against humanity''.
            (8) Uyghurs and ethnic Kazaks resettled or residing in 
        third countries report being subjected to threats and 
        harassment from People's Republic of China officials.
            (9) There is a backlog of approximately 3.6 million visa 
        applicants waiting to enter the United States. Wait times for 
        certain visas are between 5 and 18 years.

SEC. 3. DESIGNATION OF CERTAIN RESIDENTS OF THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) In General.--Persons of special humanitarian concern eligible 
for Priority 2 processing under the refugee resettlement priority 
system shall include the following:
            (1) Individuals who are residents of or fled the Xinjiang 
        Uyghur Autonomous Region who suffered persecution or have a 
        well-founded fear of persecution on account of their peaceful 
        expression of political opinions, religious or cultural 
        beliefs, or peaceful participation in political, religious, or 
        cultural activities or associations.
            (2) Individuals residing in other provinces of China, or 
        individuals not firmly resettled in third countries, who fled 
        the Xinjiang Uyghur Autonomous Region because of the causes 
        described in paragraph (1).
            (3) Individuals who have been formally charged, detained, 
        or convicted on account of their peaceful actions as described 
        in the Uyghur Human Rights Policy Act of 2020 (Public Law 116-
        145).
            (4) 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), (2), or (3), except such parents 
        who are citizens of a country other than the People's Republic 
        of China.
    (b) Processing of Xinjiang Uyghur Autonomous Region Refugees.--The 
processing of individuals described in subsection (a) for 
classification as refugees may occur in China 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 citizen of the 
        United States; or
            (2) is eligible for admission to the United States under 
        any other immigrant classification.
    (d) Facilitation of Admissions.--Certain applicants for admission 
to the United States from the Xinjiang Uyghur Autonomous Region, as 
described in subsection (a), may not be denied primarily on the basis 
of a politically, religiously, or culturally 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, or 1157).
    (f) Priority.--The Secretary of State shall prioritize bilateral 
diplomacy with third countries hosting former residents from the 
Xinjiang Uyghur Autonomous Region, as described in subsection (a), and 
who face significant diplomatic pressure from the Government of the 
People's Republic of China.
    (g) Reporting Requirements.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        submit a report on 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 by 
        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 and number of applicants 
                who are currently pending--
                            (i) a pre-screening interview with a 
                        resettlement support center;
                            (ii) an interview with U.S. Citizenship and 
                        Immigration Services;
                            (iii) the completion of security checks; 
                        and
                            (iv) receipt of a final decision after 
                        completion of an interview with U.S. 
                        Citizenship and Immigration Services; and
                    (C) the number of denials of applications for 
                refugee status, disaggregated by the reason for each 
                such denial.
            (3) Form.--Each report required by 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.
    (h) Satisfaction of Other Requirements.--Aliens eligible under this 
section for Priority 2 processing 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. 4. WAIVER OF IMMIGRANT STATUS PRESUMPTION.

    (a) In General.--The presumption under the first sentence of 
section 214(b) of the Immigration and Nationality Act (8 U.S.C. 
1184(b)) that every alien is an immigrant until the alien establishes 
that the alien is entitled to nonimmigrant status shall not apply to an 
alien described in subsection (b).
    (b) Alien Described.--
            (1) In general.--An alien described in this paragraph is an 
        alien who--
                    (A) on January 1, 2021, is a resident of the 
                Xinjiang Special Administrative Region;
                    (B) fled the Xinjiang Special Administrative Region 
                after June 30, 2009, and now resides in a different 
                province of China or third country;
                    (C) is seeking entry to the United States to apply 
                for asylum under section 208 of the Immigration and 
                Nationality Act (8 U.S.C. 1158); and
                    (D) is facing repression in the Xinjiang Uyghur 
                Autonomous Region by the Government of the People's 
                Republic of China including--
                            (i) forced and arbitrary detention 
                        including in internment and so-called re-
                        education camps;
                            (ii) forced political indoctrination, 
                        torture, beatings, food deprivation, and denial 
                        of religious, cultural, and linguistic 
                        freedoms;
                            (iii) forced labor;
                            (iv) forced separation from family members; 
                        or
                            (v) other forms of systemic threats, 
                        harassment, and gross human rights violations.
            (2) Exclusion.--An alien described in this paragraph does 
        not include any alien who--
                    (A) is a citizen or permanent resident of a country 
                other than the People's Republic of China; or
                    (B) is determined to have committed a gross 
                violation of human rights.
    (c) Intention To Abandon Foreign Residence.--The fact that an alien 
described in this section is or was the beneficiary of an application 
for refugee status, or is seeking entry to the United States to apply 
for asylum under section 208 of the Immigration and Nationality Act (8 
U.S.C. 1158), shall not constitute evidence of an intention to abandon 
a foreign residence for purposes of obtaining or maintaining the status 
of a nonimmigrant described in section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)).

SEC. 5. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND 
              NATIONALITY ACT.

    (a) Persecution on Account of Political, Religious, or Cultural 
Expression or Association.--
            (1) In general.--In the case of an alien who is within a 
        category of aliens established under this Act, the alien may 
        establish, for purposes of section 3(a)(1) of this Act, that 
        the alien has a well-founded fear of persecution on account of 
        race, religion, nationality, membership in a particular social 
        group, or political opinion by asserting such a fear and 
        asserting a credible basis for concern about the possibility of 
        such persecution.
            (2) Nationals of the people's republic of china.--For 
        purposes of refugee determinations under this Act in accordance 
        with section 207 of the Immigration and Nationality Act (8 
        U.S.C. 1157), a national of the People's Republic of China 
        whose residency in the Xinjiang Uyghur Autonomous Region, or 
        any other area within the jurisdiction of the People's Republic 
        of China, as determined by the Secretary of State, is revoked 
        for having submitted to any United States Government agency a 
        nonfrivolous application for refugee status, asylum, or any 
        other immigration benefit under the immigration laws shall be 
        considered to have suffered persecution on account of political 
        opinion.
    (b) Changed Circumstances.--For purposes of asylum determinations 
under this Act in accordance with section 208 of the Immigration and 
Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, 
nationality, or residency of an individual for having submitted to any 
United States Government agency a nonfrivolous application for refugee 
status, asylum, or any other immigration benefit under the immigration 
laws shall be considered to be a changed circumstance under subsection 
(a)(2)(D) of that section.
    (c) Definition.--For purposes of this section, the term 
``immigration laws'' has the meaning given such term in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17)).

SEC. 6. 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 Xinjiang Uyghur 
Autonomous Region who are fleeing oppression by the Government of the 
People's Republic of China.

SEC. 7. TERMINATION.

    This Act, and the amendments made by this Act, shall cease to have 
effect on the date that is 10 years after the date of the enactment of 
this Act.
                                 <all>

__________

 

Text: H.R.4276 — 117th Congress (2021-2022)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House (06/30/2021)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4276 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4276

 To provide for temporary protected status for residents of Hong Kong, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2021

Mr. Malinowski (for himself, Mr. Kinzinger, Mr. Meeks, Mr. Fitzpatrick, 
Mr. Bera, Mr. Stewart, Mr. Lowenthal, Mr. Rodney Davis of Illinois, Mr. 
Phillips, Mr. Taylor, Mr. McGovern, Mrs. Kim of California, Mr. Khanna, 
Mr. Wilson of South Carolina, Ms. Porter, Mr. Crenshaw, Mr. Cicilline, 
   Ms. Tenney, Mr. Raskin, Mrs. Steel, Mr. Connolly, Ms. Cheney, Mr. 
Suozzi, Mr. Gonzalez of Ohio, Mr. Kim of New Jersey, Mr. Moore of Utah, 
 and Mr. Allred) introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
  Foreign Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for temporary protected status for residents of 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 People's Freedom and 
Choice Act of 2021''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) 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, signed on December 19, 1984, and entered into force 
        on May 27, 1985.
            (2) Priority hong kong resident.--The term ``Priority Hong 
        Kong resident'' means--
                    (A) a permanent resident of Hong Kong who--
                            (i) holds no right to citizenship in any 
                        country or jurisdiction other than the People's 
                        Republic of China (referred to in this Act as 
                        ``PRC''), Hong Kong, or Macau as of the date of 
                        enactment of this Act;
                            (ii) has resided in Hong Kong for not less 
                        than the last 10 years as of the date of 
                        enactment of this Act; and
                            (iii) has been designated by the Secretary 
                        of State or Secretary of Homeland Security as 
                        having met the requirements of this 
                        subparagraph, in accordance with the procedures 
                        described in section 7 of this Act; or
                    (B) the spouse of a person described in 
                subparagraph (A), or the child of such person as such 
                term is defined in section 101(b)(1) of the Immigration 
                and Nationality Act (8 U.S.C. 1101(b)(1)), except that 
                a child shall be an unmarried person under twenty-seven 
                years of age.
            (3) 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 30, 2020, and promulgated in the Hong Kong 
        Special Administrative Region (referred to in this Act as 
        ``Hong Kong SAR'') on July 1, 2020.
            (4) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on the Judiciary of the Senate.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Hong Kong National Security Law promulgated on July 
        1, 2020--
                    (A) contravenes the Basic Law of the Hong Kong 
                Special Administrative Region (referred to in this Act 
                as ``the Basic Law'') that provides in Article 23 that 
                the Legislative Council of Hong Kong shall enact 
                legislation related to national security;
                    (B) violates the PRC's commitments under 
                international law, as defined by the Joint Declaration; 
                and
                    (C) causes severe and irreparable damage to the 
                ``one country, two systems'' principle and further 
                erodes global confidence in the PRC's commitment to 
                international law.
            (2) On July 14, 2020, in response to the promulgation of 
        the Hong Kong National Security Law, President Trump signed an 
        Executive order on Hong Kong normalization that, among other 
        policy actions, suspended the special treatment of Hong Kong 
        persons under U.S. law with respect to the issuance of 
        immigrant and nonimmigrant visas.
            (3) The United States has a long and proud history as a 
        destination for refugees and asylees fleeing persecution based 
        on race, religion, nationality, political opinion, or 
        membership in a particular social group.
            (4) The United States also shares deep social, cultural, 
        and economic ties with the people of Hong Kong, including a 
        shared commitment to democracy, to the rule of law, and to the 
        protection of human rights.
            (5) The United States has sheltered, protected, and 
        welcomed individuals who have fled authoritarian regimes, 
        including citizens from the PRC following the violent June 4, 
        1989, crackdown in Tiananmen Square, deepening ties between the 
        people of the United States and those individuals seeking to 
        contribute to a free, open society founded on democracy, human 
        rights, and the respect for the rule of law.
            (6) The United States has reaped enormous economic, 
        cultural, and strategic benefits from welcoming successive 
        generations of scientists, doctors, entrepreneurs, artists, 
        intellectuals, and other freedom-loving people fleeing fascism, 
        communism, violent Islamist extremism, and other repressive 
        ideologies, including in the cases of Nazi Germany, the Soviet 
        Union, and Soviet-controlled Central Europe, Cuba, Vietnam, and 
        Iran.
            (7) A major asymmetric advantage of the United States in 
        its long-term strategic competition with the Communist Party of 
        China is the ability of people from every country in the world, 
        irrespective of their race, ethnicity, or religion, to 
        immigrate to the United States and become American citizens.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to reaffirm the principles and objectives set forth in 
        the United States-Hong Kong Policy Act of 1992 (Public Law 102-
        383), namely that--
                    (A) the United States has ``a strong interest in 
                the continued vitality, prosperity, and stability of 
                Hong Kong'';
                    (B) ``support for democratization is a fundamental 
                principle of United States foreign policy'' and 
                therefore ``naturally applies to United States policy 
                toward Hong Kong'';
                    (C) ``the human rights of the people of Hong Kong 
                are of great importance to the United States and are 
                directly relevant to United States interests in Hong 
                Kong and serve as a basis for Hong Kong's continued 
                economic prosperity''; and
                    (D) Hong Kong must remain sufficiently autonomous 
                from the PRC to ``justify treatment under a particular 
                law of the United States, or any provision thereof, 
                different from that accorded the People's Republic of 
                China'';
            (2) to continue to support the high degree of autonomy and 
        fundamental rights and freedoms of the people of Hong Kong, as 
        enumerated by--
                    (A) the Joint Declaration;
                    (B) the International Covenant on Civil and 
                Political Rights, done at New York December 19, 1966; 
                and
                    (C) the Universal Declaration of Human Rights, done 
                at Paris December 10, 1948;
            (3) to continue to support the democratic aspirations of 
        the people of Hong Kong, including the ``ultimate aim'' of the 
        selection of the Chief Executive and all members of the 
        Legislative Council by universal suffrage, as articulated in 
        the Basic Law;
            (4) to urge the Government of the PRC, despite its recent 
        actions, to uphold its commitments to Hong Kong, including 
        allowing the people of Hong Kong to govern Hong Kong with a 
        high degree of autonomy and without undue interference, and 
        ensuring that Hong Kong voters freely enjoy the right to elect 
        the Chief Executive and all members of the Hong Kong 
        Legislative Council by universal suffrage;
            (5) to support the establishment of a genuine democratic 
        option to freely and fairly nominate and elect the Chief 
        Executive of Hong Kong, and the establishment of open and 
        direct democratic elections for all members of the Hong Kong 
        Legislative Council;
            (6) to support the robust exercise by residents of Hong 
        Kong of the rights to free speech, the press, and other 
        fundamental freedoms, as provided by the Basic Law, the Joint 
        Declaration, and the International Covenant on Civil and 
        Political Rights;
            (7) to support freedom from arbitrary or unlawful arrest, 
        detention, or imprisonment for all Hong Kong residents, as 
        provided by the Basic Law, the Joint Declaration, and the 
        International Covenant on Civil and Political Rights;
            (8) to draw international attention to any violations by 
        the Government of the PRC of the fundamental rights of the 
        people of Hong Kong, as provided by the International Covenant 
        on Civil and Political Rights, and any encroachment upon the 
        autonomy guaranteed to Hong Kong by the Basic Law and the Joint 
        Declaration;
            (9) to protect United States citizens and long-term 
        permanent residents living in Hong Kong, as well as people 
        visiting and transiting through Hong Kong;
            (10) to maintain the economic and cultural ties that 
        provide significant benefits to both the United States and Hong 
        Kong, including the reinstatement of the Fulbright exchange 
        program with regard to Hong Kong at the earliest opportunity;
            (11) to coordinate with allies, including the United 
        Kingdom, Australia, Canada, Japan, and the Republic of Korea, 
        to promote democracy and human rights in Hong Kong; and
            (12) 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 Kong.

SEC. 5. 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 had been designated under subsection 
        (b)(1)(C) of that section, subject to the provisions of this 
        section.
            (2) Period of designation.--The initial period of the 
        designation referred to in paragraph (1) shall be for the 18-
        month period beginning 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 PRC (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).
    (d) Fee.--
            (1) In general.--In addition to any other fee authorized by 
        law, the Secretary of Homeland Security is authorized to charge 
        and collect a fee of $360 for each application for temporary 
        protected status under section 244 of the Immigration and 
        Nationality Act by a person who is only eligible for such 
        status by reason of subsection (a).
            (2) Waiver.--The Secretary of Homeland Security shall 
        permit aliens to apply for a waiver of any fees associated with 
        filing an application referred to in paragraph (1).

SEC. 6. TREATMENT OF HONG KONG RESIDENTS FOR IMMIGRATION PURPOSES.

    Notwithstanding any other provision of law, during the 5 fiscal 
year period beginning on the first day of the first full fiscal year 
after the date of enactment of this Act, Hong Kong shall continue to be 
considered a foreign state separate and apart from the PRC as mandated 
under section 103 of the Immigration and Nationality Act of 1990 
(Public Law 101-649) for purposes of the numerical limitations on 
immigrant visas under sections 201, 202, and 203 of the Immigration and 
Nationality Act (8 U.S.C. 1151, 1152, and 1153).

SEC. 7. VERIFICATION OF HONG KONG PRIORITY RESIDENTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Homeland Security, shall publish in the Federal Register, 
an interim final rule establishing procedures for designation of Hong 
Kong Priority Residents. Notwithstanding section 553 of title 5, United 
States Code, the rule shall be effective, on an interim basis, 
immediately upon publication, but may be subject to change and revision 
after public notice and opportunity for comment. The Secretary of State 
shall finalize such rule not later than 1 year after the date of the 
enactment of this Act. Such rule shall establish procedures--
            (1) for individuals to register with any United States 
        embassy or consulate outside of the United States, or with the 
        Department of Homeland Security in the United States, and 
        request designation as a Priority Hong Kong Resident; and
            (2) for the appropriate Secretary to verify the residency 
        of registered individuals and designate those who qualify as 
        Priority Hong Kong Residents.
    (b) Documentation.--The procedures described in subsection (a) 
shall include the collection of--
            (1) biometric data;
            (2) copies of birth certificates, residency cards, and 
        other documentation establishing residency; and
            (3) other personal information, data, and records deemed 
        appropriate by the Secretary.
    (c) Guidance.--Not later than 90 days after the date of the 
enactment of this Act, 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 Residents.
    (d) Report.--Not later than 90 days after the date of the enactment 
of this Act, 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 subsection.
    (e) Protection for Refugees.--Nothing in this section shall be 
construed to prevent a Priority Hong Kong Resident from seeking refugee 
status under section 207 of the Immigration and Nationality Act (8 
U.S.C. 1157) or requesting asylum under section 208 of such Act (8 
U.S.C. 1158).

SEC. 8. REPORTING REQUIREMENTS.

    (a) In General.--On an annual basis, the Secretary of State and the 
Secretary of Homeland Security, in consultation with other Federal 
agencies, as appropriate, shall submit a report to the appropriate 
congressional committees, detailing for the previous fiscal year--
            (1) the number of Hong Kong SAR residents who have applied 
        for U.S. visas or immigration benefits, disaggregated by visa 
        type or immigration benefit, including asylum, refugee status, 
        temporary protected status, and lawful permanent residence;
            (2) the number of approvals, denials, or rejections of 
        applicants for visas or immigration benefits described in 
        paragraph (1), disaggregated by visa type or immigration 
        benefit and basis for denial;
            (3) the number of pending refugee and asylum applications 
        for Hong Kong SAR residents, and the length of time and reason 
        for which such applications have been pending; and
            (4) other matters deemed relevant by the Secretaries 
        relating to efforts to protect and facilitate the resettlement 
        of refugees and victims of persecution in Hong Kong.
    (b) Form.--Each report under subsection (a) shall be submitted in 
unclassified form and published on a text-searchable, publicly 
available website of the Department of State and the Department of 
Homeland Security.

SEC. 9. STRATEGY FOR INTERNATIONAL COOPERATION ON HONG KONG.

    (a) In General.--It is the policy of the United States--
            (1) to support the people of Hong Kong by providing 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 persecution; 
        and
            (2) to encourage like-minded nations to make similar 
        accommodations for Hong Kong people fleeing persecution by the 
        Government of the PRC.
    (b) Plan.--The Secretary of State, in consultation with the heads 
of other Federal agencies, as appropriate, shall develop a plan to 
engage with other nations, including the United Kingdom, on cooperative 
efforts to--
            (1) provide refugee and asylum protections for victims of, 
        and individuals with a fear of, persecution in Hong Kong, 
        either by Hong Kong authorities or other authorities acting on 
        behalf of the PRC;
            (2) enhance protocols to facilitate the resettlement of 
        refugees and displaced persons from Hong Kong;
            (3) identify and prevent the exploitation of immigration 
        and visa policies and procedures by corrupt officials; and
            (4) expedite the sharing of information, as appropriate, 
        related to the refusal of individual applications for visas or 
        other travel documents submitted by residents of the Hong Kong 
        SAR based on--
                    (A) national security or related grounds under 
                section 212(a)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)); or
                    (B) fraud or misrepresentation under section 
                212(a)(6)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1182(a)(6)(C)).
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State, in consultation with the heads of 
other Federal agencies, as appropriate, shall submit a report on the 
plan described in subsection (b) to the appropriate congressional 
committees.

SEC. 10. REFUGEE STATUS FOR CERTAIN RESIDENTS OF HONG KONG.

    (a) In General.--Aliens described in subsection (b) may establish, 
for purposes of admission as a refugee under sections 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) or asylum under section 
208 of such Act (8 U.S.C. 1158), that such alien has a well-founded 
fear of persecution on account of race, religion, nationality, 
membership in a particular social group, or political opinion by 
asserting such a fear and a credible basis for concern about the 
possibility of such persecution.
    (b) Aliens Described.--
            (1) In general.--An alien is described in this subsection 
        if such alien--
                    (A) is a Priority Hong Kong Resident and--
                            (i) had a significant role in a civil 
                        society organization supportive of the protests 
                        in 2019 and 2020 related to the Hong Kong 
                        National Security Law and the encroachment on 
                        the autonomy of Hong Kong by the PRC;
                            (ii) was arrested, charged, detained, or 
                        convicted of an offense arising from their 
                        participation in an action as described in 
                        section 206(b)(2) of the United States-Hong 
                        Kong Policy Act of 1992 (22 U.S.C. 5726(b)(2)) 
                        that was not violent in nature; or
                            (iii) has had their citizenship, 
                        nationality, or residency revoked for having 
                        submitted to any United States Government 
                        agency a nonfrivolous application for refugee 
                        status, asylum, or any other immigration 
                        benefit under the immigration laws (as defined 
                        in section 101(a) of that Act (8 U.S.C. 
                        1101(a)));
                    (B) is a Priority Hong Kong Resident spouse or 
                child of an alien described in subparagraph (A); or
                    (C) is the parent of an alien described in 
                subparagraph (A), if such parent is a citizen of the 
                PRC and no other foreign state.
            (2) Other categories.--The Secretary of Homeland Security, 
        in consultation with the Secretary of State, may designate 
        other categories of aliens for purposes of establishing a well-
        founded fear of persecution under subsection (a) if such aliens 
        share common characteristics that identify them as targets of 
        persecution in the PRC on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion.
            (3) Significant role.--For purposes of clause (i) of 
        subsection (b)(1)(A), a significant role shall include, with 
        respect to the protests described in such clause--
                    (A) an organizing role;
                    (B) a first aid responder;
                    (C) a journalist or member of the media covering or 
                offering public commentary;
                    (D) a provider of legal services to one or more 
                individuals arrested for participating in such 
                protests; or
                    (E) a participant who during the period beginning 
                on June 9, 2019, and ending on June 30, 2020, was 
                arrested, charged, detained, or convicted as a result 
                of such participation.
    (c) Age Out Protections.--For purposes of this section, a 
determination of whether an alien is a child shall be made using the 
age of the alien on the date an application for refugee or asylum 
status, in which the alien is a named beneficiary, is filed with the 
Secretary of Homeland Security.
    (d) 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 207 of the Immigration and Nationality Act (8 
U.S.C. 1157).
    (e) Reporting Requirements.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 90 days thereafter, the 
        Secretary of State and the Secretary of Homeland Security shall 
        submit a report on 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 by 
        paragraph (1) shall include, with respect to applications 
        submitted under this section--
                    (A) the total number of refugee and asylum 
                applications that are pending at the end of the 
                reporting period;
                    (B) the average wait-times for all applicants for 
                refugee status or asylum pending--
                            (i) a prescreening interview with a 
                        resettlement support center;
                            (ii) an interview with U.S. Citizenship and 
                        Immigration Services; and
                            (iii) the completion of security checks;
                    (C) the number of approvals, referrals including 
                the source of the referral, denials of applications for 
                refugee status or asylum, disaggregated by the reason 
                for each such denial; and
                    (D) the number of refugee circuit rides to 
                interview populations that would include Hong Kong SAR 
                completed in the last 90 days, and the number planned 
                for the subsequent 90-day period.
            (3) Form.--Each report required by 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.

SEC. 11. ADMISSION FOR CERTAIN HIGHLY SKILLED HONG KONG RESIDENTS.

    (a) In General.--Subject to subsection (c), the Secretary of 
Homeland Security, or, notwithstanding any other provision of law, the 
Secretary of State in consultation with the Secretary of Homeland 
Security, may provide an alien described in subsection (b) with the 
status of a special immigrant under section 101(a)(27) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
            (1) or an agent acting on behalf of the alien, submits a 
        petition for classification under section 203(b)(4) of such Act 
        (8 U.S.C. 1153(b)(4));
            (2) is otherwise eligible to receive an immigrant visa;
            (3) is otherwise admissible to the United States for 
        permanent residence (excluding the grounds for inadmissibility 
        specified in section 212(a)(4) of such Act (8 U.S.C. (a)(4))); 
        and
            (4) 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--
                    (A) the alien--
                            (i) is a Hong Kong Priority Resident; and
                            (ii) has earned a bachelor's or higher 
                        degree from an institution of higher education; 
                        and
                    (B) the Secretary of Homeland Security determines 
                that such alien's relocation to the United States would 
                provide a significant benefit to the United States.
            (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. 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, medicine, health care, or 
        medicine.
            (2) Exclusion from numerical limitations.--Aliens provided 
        immigrant status under this section shall not be counted 
        against any numerical limitation under section 201, 202, 203, 
        or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 
        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 such applications, including required screenings 
        and background checks, are completed not later than 2 years 
        after the date on which an eligible applicant submits an 
        application under subsection (a).
            (2) Exception.--Notwithstanding paragraph (1), the relevant 
        Federal agencies may take additional time to process 
        applications described in paragraph (1) if satisfaction of 
        national security concerns requires such additional time, 
        provided that the Secretary of Homeland Security, or the 
        designee of the Secretary, has determined that the applicant 
        meets the requirements for status as a special immigrant under 
        this section and has so notified the applicant.

SEC. 12. TERMINATION.

    Except as provided in section 6 of this Act, this Act shall cease 
to have effect on the date that is 5 years after the date of the 
enactment of this Act.
                                 <all>


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