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H.R. 8428 — what changed

Hong Kong People’s Freedom and Choice Act of 2020

From Introduced in House to Engrossed in House. 8 sections amended and 1 added between Introduced in House and Engrossed in House.

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)
changed a lawful 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)
changed has been verified as a resided in Hong Kong resident by for not less than the Secretary of State or Secretary last 10 years as of Homeland Security in accordance with the procedures described in section 6(b) date of enactment of this Act; and
(iii)
changed has resided been designated by the Secretary of State or Secretary of Homeland Security as having met the requirements of this subparagraph, in Hong Kong for not less than accordance with the last 10 years; procedures described in section 7 of this Act; or
(B)
changed is 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)
changed 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 (referred to in this Act as “NPC”) 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 “SAR”) “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. 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)
changed was a lawful permanent resident of Hong Kong at the time such individual arrived into the United States and is a national of the PRC;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

added 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).

(a)
removed In general— 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).
(b)
removed Procedures—
(1)
removed 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 implementing this section. 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—
(A)
removed 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
(B)
removed for the appropriate Secretary to verify the residency of registered individuals and designate those who qualify as Priority Hong Kong Residents.
(2)
removed Documentation— The procedures described in paragraph (1) shall include the collection of—
(A)
removed biometric data;
(B)
removed copies of birth certificates, residency cards, and other documentation establishing residency; and
(C)
removed other personal information, data, and records deemed appropriate by the Secretary.
(3)
removed 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 lawful permanent residency in Hong Kong and designation of individuals as Priority Hong Kong Residents.
(4)
removed 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.
(c)
removed 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. 1107) or requesting asylum under section 208 of such Act (8 U.S.C. 1108).

Sec. 7 Verification of Hong Kong priority residents

(a)
changed In general— On an annual basis, Not later than 180 days after the date of the enactment of this Act, the Secretary of State and State, in consultation with the Secretary of Homeland Security, shall publish in consultation with other the Federal agencies, as appropriate, 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 submit a report be effective, on an interim basis, immediately upon publication, but may be subject to the appropriate congressional committees, detailing 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 previous fiscal year—date of the enactment of this Act. Such rule shall establish procedures—
(1)
changed the number of Hong Kong SAR residents who have applied for U.S. visas individuals to register with any United States embassy or immigration benefits, disaggregated by visa type consulate outside of the United States, or immigration benefit, including asylum, refugee status, temporary protected status, with the Department of Homeland Security in the United States, and lawful permanent residence;request designation as a Priority Hong Kong Resident; and
(2)
changed for the number of approvals, denials, or rejections appropriate Secretary to verify the residency of applicants for visas or immigration benefits described in paragraph (1), disaggregated by visa type or immigration benefit registered individuals and basis for denial;designate those who qualify as Priority Hong Kong Residents.
(3)
removed 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)
removed 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)
changed Form—Documentation— Each report under The procedures described in subsection (a) shall be submitted in unclassified form and published on a text-searchable, publicly available website of the Department of State and include the Department of Homeland Security.collection of—
(1)
added biometric data;
(2)
added copies of birth certificates, residency cards, and other documentation establishing residency; and
(3)
added other personal information, data, and records deemed appropriate by the Secretary.
(c)
added 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)
added 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)
added 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)
changed In general— It is On an annual basis, the policy Secretary of State and the United States—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)
changed to support the people number 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; andhave 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)
changed to encourage like-minded nations to make similar accommodations for Hong Kong people fleeing persecution by the Government number of the PRC.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)
added 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)
added 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)
changed Plan—Form— The Secretary of State, Each report under subsection (a) shall be submitted in consultation with unclassified form and published on a text-searchable, publicly available website of the heads Department of other Federal agencies, as appropriate, shall develop a plan to engage with other nations, including State and the United Kingdom, on cooperative efforts to—Department of Homeland Security.
(1)
removed 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)
removed enhance protocols to facilitate the resettlement of refugees and displaced persons from Hong Kong;
(3)
removed identify and prevent the exploitation of immigration and visa policies and procedures by corrupt officials; and
(4)
removed 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)
removed 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)
removed fraud or misrepresentation under section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)).
(c)
removed 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. 9 Strategy for international cooperation on Hong Kong

(a)
changed In general— Aliens described in subsection (b) may establish, for purposes of admission as a refugee under sections 207 of It is 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 policy 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.United States—
(1)
added 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)
added to encourage like-minded nations to make similar accommodations for Hong Kong people fleeing persecution by the Government of the PRC.
(b)
added 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—
(b)
removed Aliens described—
(1)
removed In general— An alien is described in this subsection if such alien—
(A)
removed is a Priority Hong Kong Resident and—
(i)
removed 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; or
(ii)
removed 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) that was not violent in nature;
(B)
removed is a Priority Hong Kong Resident spouse or child of an alien described in subparagraph (A);
(C)
removed is the parent of an alien described in subparagraph (A), if such parent is a citizen of the PRC and no other foreign state; or
(D)
removed 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))).
(1)
changed Other categories— The Secretary of Homeland Security, in consultation with the Secretary of State, may designate other categories of aliens provide refugee and asylum protections for purposes of establishing victims of, and individuals with a well-founded fear of persecution under subsection (a) if such aliens share common characteristics that identify them as targets of of, persecution in the PRC Hong Kong, either by Hong Kong authorities or other authorities acting on account behalf of race, religion, nationality, membership in a particular social group, or political opinion.the PRC;
(2)
changed Significant role— For purposes of clause (i) of subsection (b)(1)(A), a significant role shall include, with respect enhance protocols to facilitate the protests described in such clause—resettlement of refugees and displaced persons from Hong Kong;
(3)
added identify and prevent the exploitation of immigration and visa policies and procedures by corrupt officials; and
(4)
added 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)
added 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)
added fraud or misrepresentation under section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)).
(A)
removed an organizing role;
(B)
removed a first aid responder;
(C)
removed a journalist or member of the media covering or offering public commentary;
(D)
removed a provider of legal services to one or more individuals arrested for participating in such protests; or
(E)
removed 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)
changed Age out protections—Report— For purposes of this section, a determination Not later than 90 days after the date of whether an alien is a child shall be made using the age enactment of this Act, the alien on Secretary of State, in consultation with the date heads of other Federal agencies, as appropriate, shall submit a report on which the alien files an application for refugee or asylum status with plan described in subsection (b) to the Secretary of Homeland Security.appropriate congressional committees.
(d)
removed 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)
removed Reporting requirements—
(1)
removed 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)
removed the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and
(B)
removed the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives.
(2)
removed Matters to be included— Each report required by paragraph (1) shall include—
(A)
removed the total number of refugee and asylum applications that are pending at the end of the reporting period;
(B)
removed the average wait-times for all applicants for refugee status or asylum pending—
(i)
removed a prescreening interview with a resettlement support center;
(ii)
removed an interview with U.S. Citizenship and Immigration Services; and
(iii)
removed the completion of security checks;
(C)
removed 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)
removed 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)
removed Form— Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(4)
removed 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. 10 Refugee status for certain residents of Hong Kong

(a)
added 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)
added Aliens described—
(1)
added In general— An alien is described in this subsection if such alien—
(A)
added is a Priority Hong Kong Resident and—
(i)
added 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)
added 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)
added 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)
added is a Priority Hong Kong Resident spouse or child of an alien described in subparagraph (A); or
(C)
added 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)
added 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)
added 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)
added an organizing role;
(B)
added a first aid responder;
(C)
added a journalist or member of the media covering or offering public commentary;
(D)
added a provider of legal services to one or more individuals arrested for participating in such protests; or
(E)
added 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)
added 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 on which the alien files an application for refugee or asylum status with the Secretary of Homeland Security.
(d)
added 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)
added Reporting requirements—
(1)
added 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)
added the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and
(B)
added the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives.
(2)
added Matters to be included— Each report required by paragraph (1) shall include—
(A)
added the total number of refugee and asylum applications that are pending at the end of the reporting period;
(B)
added the average wait-times for all applicants for refugee status or asylum pending—
(i)
added a prescreening interview with a resettlement support center;
(ii)
added an interview with U.S. Citizenship and Immigration Services; and
(iii)
added the completion of security checks;
(C)
added 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)
added 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)
added Form— Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(4)
added 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.

removed 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. 11 Statement of policy on encouraging allies and partners to make similar accommodations

changed Except as provided in section 6 It is the policy of this Act, the United States to encourage allies and partners of the United States to make accommodations similar to the accommodations made in this Act shall cease to have effect on for residents of the date that is 5 years after Hong Kong Special Administrative Region who are fleeing oppression by the date Government of the enactment People’s Republic of this Act.China.

Sec. 12 Termination

added

added 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.