S.Amdt. 1898

SA 1898. Mr. MENENDEZ (for himself, Mr. Merkley, Mr. Rubio, and Mr.
Coons) submitted an amendment intended to be proposed to amendment SA
1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new
Directorate for Technology and Innovation in the National Science
Foundation, to establish a regional technology hub program, to require
a strategy and report on economic security, science, research,
innovation, manufacturing, and job creation, to establish a critical
supply chain resiliency program, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title III of division C, add the following:

SEC. 33__. ADMISSION OF CERTAIN HONG KONG RESIDENTS.

(a) Short Title.--This section may be cited as the ``Hong
Kong Safe Harbor Act''.
(b) Designation of Certain Residents of Hong Kong as
Priority 2 Refugees.--
(1) 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:
(A) 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.
(B) 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).
(C) 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 subparagraph (A) or (B), except such
parents who are citizens of a country other than the People's
Republic of China.
(2) Processing of hong kong refugees.--The processing of
individuals described in paragraph (1) for classification as
refugees may occur in Hong Kong or in a third country.
(3) Eligibility for admission as refugees.--An alien may
not be denied the opportunity to apply for admission as a
refugee under this subsection primarily because such alien--
(A) qualifies as an immediate relative of a citizen of the
United States; or
(B) is eligible for admission to the United States under
any other immigrant classification.
(4) 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.
(5) Exclusion from numerical limitations.--Aliens provided
refugee status under this subsection 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, and 1157).
(6) Reporting requirements.--
(A) 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 regarding the matters described in
subparagraph (B) to--
(i) the Committee on the Judiciary of the Senate;
(ii) the Committee on Foreign Relations of the Senate;
(iii) the Committee on the Judiciary of the House of
Representatives; and
(iv) the Committee on Foreign Affairs of the House of
Representatives.
(B) Matters to be included.--Each report required under
subparagraph (A) shall include--
(i) the total number of applications that are pending at
the end of the reporting period;
(ii) 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; or
(IV) the completion of security checks; and

(iii) the number of denials of applications for refugee
status, disaggregated by the reason for each such denial.
(C) Form.--Each report required under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(D) Public reports.--The Secretary of State shall make each
report submitted under this paragraph available to the public
on the internet website of the Department of State.
(7) Satisfaction of other requirements.--Aliens granted
status under this subsection 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.
(c) Waiver of Immigrant Status Presumption.--
(1) 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 paragraph
(2).
(2) Alien described.--
(A) In general.--An alien described in this paragraph is an
alien who--
(i) is a resident of the Hong Kong Special Administrative
Region on February 8, 2021;
(ii) 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
(iii)(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

[[Page S3301]]

(VI) during the period beginning on June 9, 2019, and
ending on February 8, 2021, was formally charged, detained,
or convicted for his or her participation in such protests.
(B) 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.
(d) Refugee and Asylum Determinations Under the Immigration
and Nationality Act.--
(1) Persecution on account of political opinion.--
(A) In general.--For purposes of refugee determinations
under 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
such Act (8 U.S.C. 1101(a))) shall be considered to have
suffered persecution on account of political opinion.
(B) Nationals of the people's republic of china.--For
purposes of refugee determinations under 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.
(2) Changed circumstances.--For purposes of asylum
determinations under 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 such section.
(e) 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 under 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.
(f) Termination.--This section shall cease to have effect
on the date that is 5 years after the date of the enactment
of this Act.
______