The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“HONG KONG PEOPLE'S FREEDOM AND CHOICE ACT OF 2020” mentioning the U.S. Dept of State was published in the House of Representatives section on pages H6872-H6877 on Dec. 7, 2020.
The State Department is responsibly for international relations with a budget of more than $50 billion. Tenure at the State Dept. is increasingly tenuous and it's seen as an extension of the President's will, ambitions and flaws.
The publication is reproduced in full below:
HONG KONG PEOPLE'S FREEDOM AND CHOICE ACT OF 2020
Mr. ENGEL. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 8428) to provide for temporary protected status for residents of Hong Kong, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8428
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 2020''.
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 on which the alien files an application for refugee or asylum status 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--
(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. 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. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New York (Mr. Engel) and the gentleman from Texas (Mr. McCaul) each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. ENGEL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 8428.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York?
There was no objection.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank Congressman Malinowski for his tireless work on the Foreign Affairs Committee and particularly his advocacy on behalf of those maligned and abused by the Chinese Government.
Mr. Speaker, China's attacks on Hong Kong's autonomy came to a head this year when they rammed through the National Security Law, effectively undermining the one country, two systems framework the Hong Kongers were promised.
Since then, Beijing has used the law to arrest a number of pro-
democracy activists. Just last week, Joshua Wong, Agnes Chow, and Ivan Lam were sentenced to prison in an attempt by the People's Republic of China to silence dissent.
When the National Security Law was passed, the Trump administration abruptly eliminated a number of policies that gave Hong Kongers preferential treatment under U.S. law, including terminating immigration-related benefits to Hong Kong passport holders just when they needed it most.
While the United States has shut our doors to the people of Hong Kong, the United Kingdom was welcoming those fleeing Xi Jinping's tyranny, with Canada now following suit. H.R. 8428 would allow the United States to do the same, telling the people of Hong Kong that the U.S. is open to them, that we want Hong Kongers to come to America and contribute their talents to our society.
{time} 1300
China is currently detaining 12 young Hong Kong activists who bravely tried to hold their government accountable for the commitments under international law. These are the kinds of people we should be helping. We really need to admire them. They are really on the front line, and we should not let China, the Beijing regime, get away with this.
This legislation corrects the unforced error of the administration which closed our doors to people whom we should be defending.
Congress has constantly demonstrated strong bipartisan support for Hong Kong, and I urge my colleagues to do the same today. It is really terrible to allow Beijing to get away with this.
People of Hong Kong, as I said before, were promised that, when the United Kingdom gave up Hong Kong, the agreement with the Beijing Government was that Hong Kong would have lots of autonomy and lots of freedom. And as they are doing in many places around the world, the People's Republic of China, the Beijing Government, is just taking all their promises and throwing them away.
We cannot allow that to happen. The United States must play a very major role, a very vocal role, and that is what the Congress is doing here today. It has bipartisan support by Democrats and Republicans. It should be supported by all Americans. I think perhaps it is, and we will send a clear message, not only to China, but all around the world.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, December 1, 2020.Hon. Eliot Engel,Chairman, Committee on Foreign Affairs,House of Representatives, Washington, DC.
Dear Chairman Engel: This is to advise you that the Committee on the Judiciary has now had an opportunity to review the provisions in H.R. 8428, ``Hong Kong People's Freedom and Choice Act of 2020'' that fall within our Rule X jurisdiction. I appreciate your consulting with us on those provisions. The Judiciary Committee has no objection to your including them in the bill for consideration on the House floor, and to expedite that consideration is willing to forgo action on H.R. 8428, with the understanding that we do not thereby waive any future jurisdictional claim over those provisions or their subject matters.
In the event a House-Senate conference on this or similar legislation is convened, the Judiciary Committee reserves the right to request an appropriate number of conferees to address any concerns with these or similar provisions that may arise in conference.
Please place this letter into the Congressional Record during consideration of the measure on the House floor. Thank you for the cooperative spirit in which you have worked regarding this matter and others between our committees.
Sincerely,
Jerrold Nadler,Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, November 11, 2020.Hon. Jerrold Nadler,Chairman, Committee on the Judiciary,House of Representatives, Washington, DC.
Dear Chairman Nadler: I am writing to you concerning H.R. 8428, Hong Kong People's Freedom and Choice Act of 2020. I appreciate your willingness to work cooperatively on this legislation.
I acknowledge that provisions of the bill fall within the jurisdiction of the House Committee on the Judiciary under House Rule X, and that your Committee will forgo action on H.R. 8428 to expedite floor consideration. I further acknowledge that the inaction of your Committee with respect to the bill does not waive any future jurisdictional claim over the matters contained in the bill that fall within your jurisdiction. I will also support the appointment of Committee on the Judiciary conferees during any House-Senate conference convened on this legislation.
Lastly, I will ensure that our exchange of letters is included in the Congressional Record during floor consideration of the bill. Thank you again for your cooperation regarding the legislation. I look forward to continuing to work with you as the measure moves through the legislative process.
Sincerely,
Eliot L. Engel,
Chairman.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, over the last year, the world has watched as the Chinese Communist Party has systematically destroyed the political freedoms that were guaranteed to the people of Hong Kong under the British-Sino treaty.
Hong Kongers are no longer allowed to exercise their rights of freedom of speech, freedom of expression, or freedom to peacefully assemble. Many protestors in Hong Kong have been beaten in the streets; others have been arrested and thrown in jail without due process.
Last week, we learned Hong Kong pro-democracy activist Joshua Wong was sentenced to 13 months in jail for simply demanding the freedoms he was promised. Other activists like Agnes Chow and Ivan Lam were sentenced to 10 months in jail as well.
This is the Chinese Communist Party showing its true colors as enemies of freedom and brutal oppressors of its own people.
I have had the privilege to speak with Joshua Wong on several occasions, including last year when he testified before our committee. He is devoted to Hong Kong, to his people, and to democracy. The Chinese Communist Party has jailed him for more than a year in what is an appalling injustice.
It is no wonder that the Director of National Intelligence recently wrote that the People's Republic of China poses the greatest threat to America today, and the greatest threat to democracy and freedom worldwide since World War II. I couldn't agree more.
That is why I was proud to chair the China Task Force earlier this year. And after months of classified and unclassified briefings, the China Task Force released a report with 82 key findings and more than 400 recommendations, many of which are focused on what steps we should take to help the people of Hong Kong, including providing support to Hong Kong refugees fleeing the Chinese Communist Party persecution, which this bill does.
The Hong Kong People's Freedom and Choice Act serves as a reminder to the Chinese Communist Party that America stands with the people of Hong Kong, and it will stand for freedom.
Mr. Speaker, I want to thank, also, the sponsor of this bill, a member of the Foreign Affairs Committee, Mr. Malinowski, for bringing this bill forward here today. I urge my colleagues to join us in support of this important legislation, and I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, as you can see, there is bipartisan support for this. As Americans, we have an absolute stake in what goes on in China and Hong Kong.
Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr. Malinowski), the author of this important bill, a valued member of the Foreign Affairs Committee.
Mr. MALINOWSKI. Mr. Speaker, I thank Chairman Engel for his leadership for human rights on this issue and on so many issues as the leader of our committee, and for the very strong words that he just delivered on this important legislation, the Hong Kong People's Freedom and Choice Act.
Mr. Speaker, I want to thank the bipartisan sponsors, Representatives Kinzinger, Castro, and Curtis. I want to thank Ranking Member McCaul and leadership on both sides of the aisle for making the issue of Hong Kong and our efforts to provide safe haven for its people a bipartisan issue.
As the gentleman mentioned, the China Task Force that he chaired, recommended an approach very similar to the one that we will be embracing here today. I think the reason why we are united on this issue is that, although we may sometimes use different language, we do have a common understanding of the challenge that the United States faces with respect to China.
We understand that we are in a contest, not with China the country, not with the Chinese people, but with the Chinese Government, the Chinese Communist Party. It is a contest of ideas and ideals. It is about the most fundamental questions: how the world should be organized, whether there are any rules that apply to the most powerful nations and the most powerful governments, or whether those nations and governments can impose their will on anyone as they choose; a contest between democracy and kleptocracy.
It is a contest that we win, in my view, by remembering what we stand for as a country, by staying true to that, by winning allies to that, by rallying hearts and minds around the world to that.
So with that in mind, I would like to make just two points that are relevant to this bill.
Number one, Hong Kong is very important to this contest. It is a city on the front lines, geographically and morally, just like Berlin was during the Cold War. It is a place where the Chinese Government made a promise to respect the autonomy of Hong Kong, to respect the freedom of speech, the freedom of assembly, the rule of law that people enjoyed there.
China, today, is plainly breaking those promises, and by breaking them, it is testing us, because those promises were made not just to the people of Hong Kong but to the United States and to the international community. It is testing to see whether we will do something; and, therefore, we must.
The second point I will make is that we know something as a country about how to win a contest like this because we waged one during the Cold War. We have learned lessons about what to do and what not to do, and one of those lessons is that the best way to win against a dictatorship is to pit the strength of our system against the weakness of theirs, to hold up the glaring contrast between our free, open, and self-confident democracy, against the weakness of the oppressive, closed, and fearful system that the Communist Party has imposed on the Chinese people, including, now, in Hong Kong.
One way we do that is by self-confidently opening our doors. That is what we did during the Cold War.
Hundreds of thousands of people from the former Soviet Union, including 400,000 religious refugees from the former Soviet Union itself and many, many more from Hungary, Poland--my family, for example--Czechoslovakia, and others, came to the United States over the decades. Yes, they were dissidents. Sometimes they were protestors; sometimes they were political; but mostly, they were the people with open and inquiring minds, the risk-takers, the entrepreneurs, the scientists, the artists, and the best and brightest.
And the Soviet bloc's loss was our gain. They made us stronger, and their success here was a constant reproach to the Communist regimes that they left behind, a constant reminder to the people still trapped behind the Iron Curtain, that there is a better way to live than in a dictatorship.
So that is what we are doing in this bill. We are saying that we are willing to provide temporary refuge to Hong Kongers who are already in the United States, to expedite processing of refugee applications for Hong Kongers fleeing persecution. We call for a strategy to work with our allies, because the United States, obviously, cannot do this by itself, but we can lead this effort.
We are saying, by passing this legislation, something very, very important to the Chinese Government. We are saying: If you crush Hong Kong, you will lose its best and brightest citizens, the people responsible for its vitality, but we will let them come to the United States and contribute to our vitality instead.
So it is a humanitarian gesture, but it is actually much more than a humanitarian gesture. It is one of the best ways we have to deter China from crushing Hong Kong. The Chinese Government understands perfectly well that this is a threat.
When the United Kingdom offered asylum and citizenship to Hong Kongers earlier this year, they said it was a gross interference, and they condemned it.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ENGEL. Mr. Speaker, I yield an additional 2 minutes to the gentleman from New Jersey (Mr. Malinowski).
Mr. MALINOWSKI. Mr. Speaker, they condemned Canada for doing exactly the same thing a few months ago.
I don't believe they expect us to do it. They surely expect us to condemn them. They surely expect us to slap a few sanctions on their leadership, as the State Department did today, which I am fine with. But they do not expect us to use the strength of our society against the weakness of theirs by opening our doors to Hong Kongers fleeing persecution, giving them that option that is being denied to them in Hong Kong itself.
So let's stand by the brave people of Hong Kong. Let's make the Chinese Communist Party uncomfortable, as this sure will, and let's do it in the best traditions of America's openness to people seeking freedom from oppression around the world.
Mr. McCAUL. Mr. Speaker, I yield 2 minutes to the gentleman from Arkansas (Mr. Hill).
Mr. HILL of Arkansas. Mr. Speaker, I thank my friend, Chairman Engel, and Ranking Member McCaul for their leadership on this matter and all the members on the Foreign Affairs Committee who worked so diligently to support the people of Hong Kong, their autonomy, and their freedoms.
In my travel to Hong Kong, I witnessed firsthand the innovative spirit and work ethic of the citizens of that special place. Hong Kongers, like people all around the globe, look to the United States as a symbol for freedom and democracy, that beacon of hope in a sea of global despair that we have been for some 2\1/2\ centuries.
Today, as the CCP tightens its grip on Hong Kong, we must provide unwavering support for the democratic desires of the people of Hong Kong and be steadfast in our solidarity with these democracy-loving, hardworking people.
That is why I am pleased to support and urge all my colleagues to support this important bill, H.R. 8428, the Hong Kong People's Freedom and Choice Act, to give those seeking refuge on our shores the protection they need.
As the people of Hong Kong cry out to the free world for support against tyranny, the United States stands at their side to join those calling on the CCP to honor their 1984 treaty commitments and those aiding those Hong Kongers seeking refuge.
Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, at this point in time, I would like to take a moment of personal privilege to honor my dear friend, the gentleman from New York.
This may perhaps be our last time on the floor debating together. We have become good friends over the last 2 years as chairman and ranking member. I would argue that is the way it is supposed to be.
Chairman Engel often says, and I agree, that when it comes to foreign policy, that partisanship stops at the water's edge. In fact, just last year, RealClearPolitics described the Foreign Affairs Committee as an island of calm in a sea of partisanship. An island of calm in a sea of partisanship--I take that as a great compliment, and I know you should, too.
No one embodies that more than our committee chairman, Eliot Engel. I am honored to call him my friend.
Anyone who has ever worked with Chairman Engel, or just even had the opportunity to meet him, knows that he is truly a gentleman in every sense of the word. He always puts civility first, and he values public service and honor above everything else.
But not everyone knows that the man has got a great sense of humor. He is one of the funniest guys I know.
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And that is why if you watch videos of us in the Foreign Affairs Committee on the dais, you will often see him lean over and whisper something to me, and I couldn't help but respond with laughter. And I have shared that sense of humor with him over the last 2 years.
Perhaps one of the fondest memories I have, Mr. Speaker, is traveling to Normandy on the 75th anniversary of D-day to see our D-day veterans, ones like my father, who fought in World War II as part of the D-day air campaign, to see those brave patriots who crushed and destroyed the evils of Nazi Germany.
Now, for those of you who may not know, there is a younger picture of Eliot that really looks just like one of the Beatles, and that would be John Lennon. And I was thinking about blowing it up and putting it on the floor, but I wanted to save you that. But it is not a bad looking picture.
So when we were on this codel, we decided, you know what, we are going to break away from the pack and have our own private dinner at Le Meurice in Paris. And I bought this really cool pair of sunglasses. They had to be readers, but they were sunglasses, and maybe for a guy from Texas they were a little too funky, but then when I looked at Eliot and that John Lennon look, I handed the glasses to Eliot, he put them on, and he looked absolutely fantastic in those glasses. So I said, Eliot, you can have those glasses. And it always charms me when he puts those glasses on sometimes at a committee hearing.
But no matter where he goes, Eliot is always the one to lighten the mood and make people feel more at ease. And that is really his way. He wants people to know that they are heard and that he is in their corner.
I will never forget the trip we took to the Colombia-Venezuela border at the height of the humanitarian crisis. We saw firsthand the six million people who fled the corrupt Maduro regime and the fallout that it caused. It was truly the worst humanitarian and refugee crisis facing the Western Hemisphere.
Eliot and I knew that something needed to be done, and as a result we introduced the United States-Northern Triangle Enhanced Engagement Act, which aimed to curb illegal migration, spur economic development, and combat corruption in the area.
And not long after that, we introduced the bipartisan Global Fragility Act to improve the way the United States deals with fragile nations. And I am proud to say this bipartisan bill was signed into law last year.
Both of these legislative achievements are aimed at helping people who need it the most because that is who Chairman Engel truly is.
He sees this very large world that we live in and immediately wants to come to the aid of those who are suffering, those who are sick, and those who are needing a helping hand.
Under Chairman Engel's leadership on issues like these he has played a pivotal role in shaping United States foreign policy. The world is and will continue to be a more stable and secure place because of him.
In light of these accomplishments and so much more, I found it only fitting to name this year's State Department Authorization Act after the chairman, and I am proud to say the Eliot Engel State Department Act passed the House last year.
You know, most people could not imagine a Democrat from the Bronx and a Republican from the heart of Texas could not only work so well together, but that we would become best of friends, especially not in a town that is so often divided by politics.
But Mr. Engel and I decided early on from the start that we could achieve more if we focused on the things we agreed on than the things we didn't agree on. And the fact is, we agree on 95 percent of foreign policy issues and it is through our friendship that we have been able to accomplish so much.
I would say that serving with Chairman Engel has truly been a highlight of my political and professional career on the Hill. I know that wherever he goes next and wherever his lovely wife, Pat, and he go next that he will continue to serve our country honorably.
For his decades of service to this country, for his unwavering support for Israel and his long opposition to the Ayatollah in Iran and his long list of policy achievements, I believe that I speak for all of us here in the Chamber and all of us in the House when I say, ``Thank you, sir. Thank you for your service.'' It has been an honor.
Your legacy of pursuing bipartisanship policy solutions that strengthen our country will live on for years to come, and I hope it will be a role model for future committees and chairmen and ranking members as to how to work together to get good things done for the American people because that is what most Americans care about. They don't care about our political stripes; they want to know: What are you doing for the American people? And we have shown and led by example.
It is going to be hard for me to watch you, Mr. Chairman, leave this Chamber. You are my favorite chairman. But there is so much to celebrate with your time in Congress and the legacy that you will leave behind. So from the bottom of my heart to my dear friend, Chairman Engel, and to your wonderful wife Pat, who I have gotten to know over the years, who is a beautiful, precious woman, let me just say that both of you will truly be missed. We will miss you, but we know you are not going to be far away. And we know that you will be there in the future. And I look forward to working with you in your future position, which we discussed over dinner last Saturday night with Ed Royce, as well, your other dear friend, who has my utmost respect.
I would say this: Sometimes you have respect for a chairman because you fear them. We have respect for you because we admire you because you are an honest, decent man, and you are a true leader. You lead by example, and people want to follow a good man like that. You are a good man, Mr. Chairman, and it has been a great experience the time we have had together.
Mr. Speaker, I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time.
In closing, we can no longer deny the Chinese Communist Party is an enemy of democracy and a threat to international security and to freedom.
Nowhere is that more clear than in Hong Kong.
We cannot turn a blind eye to the CCP's brutal crackdown on freedom and democracy there.
That is why I urge my colleagues to join me in supporting the Hong Kong People's Freedom and Choice Act.
With this legislation, we have the opportunity to assist the freedom-
loving people of Hong Kong and to remind the world the United States of America stands with anyone who stands for freedom.
I thank my friends and colleagues, Congressmen Malinowski and Kinzinger and, most importantly, the chairman, Chairman Engel, for their hard work on this issue.
Mr. Speaker, I yield back the balance of my time.
Mr. ENGEL. Mr. Speaker, I yield myself the balance of my time for the purpose of closing.
I want to first comment on some of the things that my good friend Mr. McCaul said. I am touched by his statement. I am touched by the work we have done together. It has been a pleasure. And I think that the way we work on the Foreign Affairs Committee is the way I think all committees should work and Congress should work. I think people are tired of fighting and people want to see us work together.
It has been a pleasure for me to be chairman of the Foreign Affairs Committee, and it has been a pleasure for me to work with such good people like Mr. McCaul of Texas.
Saturday night we, as you alluded to, we got together for dinner, actually in your house, with Mr. Royce, as well, and we had a very good time. Most of the time we talked about work, but many of the other times we just talked about our relationships and the general direction that we would like to see the United States take in the international field.
It is very difficult to leave a place that you love. I have been fortunate to have spent 32 years in this robust body. These have been the 32 best years of my life, and something that I will always remember. I will remember it because we have done good work for people. We have done good work for Americans. We have done good work for people around the world. But I will remember it even more because of the good friends that I met, friends like Mr. McCaul who work hard, who reach out to the other side of the aisle.
And you know what, when you get together with people on the other side of the aisle, you realize that you have so much in common with them that perhaps you didn't even realize because the truth of the matter is, here in Congress, if somebody is not on your committee and they are from the other party, you hardly ever get to see them. You hardly ever get to know them. You hardly ever get to be able to work with them. I have tried to change that. So has Mr. McCaul. And we have succeeded. We really have succeeded.
I hope that the rest of the Congress in the years to come will see what we have done and will try to emulate us and try to do things that really push the government and the people of this great country to work together on issues because we all want the same thing for this wonderful country. We are all pleased to serve this wonderful country. And we want to make sure that others will get all of the benefits that we have, as well, being able to just be free, support freedom, and work together.
In closing, I want to, again, say to Mr. McCaul that it is a pleasure working with you. It has been a pleasure. But we are going to continue to do other things together. And I hope that all our colleagues on both sides of the aisle will see what we have done on the Foreign Affairs Committee and try to do the same thing. People want us to work together. We may disagree on issues. That is what this body is for. But I don't disagree with anybody's right to say what they want, and I don't disagree with people wanting to let everyone know how strongly they feel about the issues.
To Mr. McCaul, my good friend, I hope you will invite me back for dinner. It has been a pleasure being your friend. It has been a pleasure working with you.
Again, the Foreign Affairs Committee has just been a wonderful place. It was the first committee which I joined when I came to this body 32 years ago.
So I tell my friends that I am not going away. I will be around. And, hopefully, we can continue all the good things that we have done like this bill, the national security law. It is a devastating blow to the cause of human rights, democracy, and prosperity in Hong Kong. It is the national security law that Beijing has forced Hong Kong to swallow. It is a blow to the cause of human rights. We will not countenance it. H.R. 8428 opens America's doors to Hong Kongers searching for freedom from Beijing's aggression.
I once again thank Mr. Malinowski for authoring this legislation, which not only protects U.S. interests but supports the people of Hong Kong whose independence has slowly been stripped away from them.
Again, let me thank all my colleagues on both sides of the aisle. It has been a pleasure working with you. Let me especially thank my friend, Mr. McCaul. In working together, we are going to make sure that the American people get the kind of government they deserve, get the kind of things that they deserve.
This is a wonderful country, and we are fortunate to be representing our home districts in this country. So let me say, God bless America. God bless all the people in our country who work every day, who want help.
We are undergoing difficulty right now with the virus in this country, but as Americans we will persevere, and we will continue to have our role as the leaders of the free world.
Mr. Speaker, I urge my colleagues to support this important legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New York (Mr. Engel) that the House suspend the rules and pass the bill, H.R. 8428, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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