US House Finalizes China Bill

Bill includes key provisions focused on Hong Kong and human rights

Washington DC, (Wednesday, January 26, 2022) - Today, the US House of Representatives put forth the final version of the America Competes Act of 2022, a comprehensive set of policies designed to boost US competitiveness, hold China accountable for human rights abuses, and counter China's growing influences in the US and globally. In response, The Campaign for Hong Kong releases a statement from Samuel Chu, Founder and President of The Campaign for Hong Kong (with a summary of Hong Kong-related measures):

"I applaud and urge the swift passage of the America Competes Act of 2022 in the US House, which includes critical measures in support of the pro-democracy movement and human rights in Hong Kong. There is no 'silver bullet' regarding how the US can and must respond to China's growing abuses and malignant influences in the US and around the world.

The America Competes Act of 2022 takes a comprehensive view. It combines economic, diplomatic, humanitarian, enforcement, and investment strategies to ensure that the US and its allies can effectively and sustainably compete and counter China's authoritarian expansion within its border, on foreign soil, and virtually online.

I am particularly encouraged by the proposals included in the bill that specifically address the rapidly deteriorating conditions in Hong Kong. Some have been championed by bipartisan groups of Members in the Senate and House over the past 2.5 years. Hong Kongers, Uyghurs, Taiwanese, and Americans are all confronted by China's actions - this bill, together with similar legislation already passed by the Senate last year, is a big step in the right direction.

I specifically want to highlight the 'Hong Kong People's Freedom and Choice' language in the bill initially introduced by Rep. Tom Malinowski and Rep. Adam Kinzinger. So many Hong Kongers are at risk of political persecution and imprisonment now, and the US and its allies must utilize every tool and option at their disposal to rescue and protect the best and the bravest from Hong Kong. Congress must pass these life-saving measures as soon as possible."

Hong Kong-related measures in the America Competes Act of 2022:

  • Authorizes $10M for the State Department's Bureau of Democracy, Human Rights, and Labor to promote democracy in Hong Kong.

  • Hong Kong people's freedom and choice:

    • Provides temporary protected status and refugee status for qualifying Hong Kong residents for the 18-month period beginning after enactment.

    • Stipulates that Hong Kong continues to be considered a foreign state separate and apart from the PRC for purposes of the numerical limitations on immigrant visas.

    • Directs the Secretary of State, in consultation with the Secretary of Homeland Security, to publish an interim final rule establishing procedures for designation of Priority Hong Kong Residents and finalize such rule no later than one year after enactment.

    • Directs the Secretary of State and the Secretary of Homeland Security, in consultation with other Federal agencies, to submit a report detailing the number of HKSAR residents who have applied for US visas or immigration benefits; the number of approvals, denials, or rejections of applicants for visas or immigration benefits; the number of pending refugee and asylum applications for HKSAR residents, and the length of time and reason for which such applications have been pending.

    • Directs the Secretary of State and the Secretary of Homeland Security to report on refugee and asylum-related matters related to HKSAR applications, average wait times, approvals, referrals, denials, and refugee circuit rides to interview populations that would include Hong Kong SAR.

    • Authorizes the Secretary of Homeland Security and the Secretary of State in consultation with the Secretary of Homeland Security to provide special immigrant status admission for certain priority highly skilled Hong Kong residents, not to exceed 5,000 per year for each of the 5 FYs.

  • Export prohibition of munitions items to the Hong Kong police force.

  • Development and deployment of internet freedom and Great Firewall circumvention tools for the people of Hong Kong.

  • Authorizes the Secretary of State to establish a Hong Kong Internet Freedom Program in DRL to develop a strategy to bolster internet resiliency and online access in Hong Kong. Authorizes the President of the Technology Fund to establish a Hong Kong Internet Freedom Program. Authorizes $10M to the Open Technology Fund and $20M to DRL's Office of Internet Freedom Programs.

  • Directs the Secretary of State and the working group to submit a classified report on the Federal Government's strategy to promote and support Great Firewall circumvention and internet freedom in Hong Kong, influence global internet legal standards at international organizations, and multilateral fora, and other related topics.

  • Requires the State Department to submit a report to Congress on how the PRC uses the status of Hong Kong to circumvent US laws and protections.

###