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)
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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>
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Text: H.R.1630 — 117th Congress (2021-2022)All Information (Except Text)
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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>
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Text: H.R.4276 — 117th Congress (2021-2022)All Information (Except Text)
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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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