On March 28, 2022, The Senate amended and passed H.R.4521 America Competes Act of 2022.

The amended Senate version does not include critical humanitarian and immigration measures for Hong Kongers.

The Senate version must now be returned to the House and a "conference committee" will be formed to reconcile the differences in the legislation that has passed both chambers.

We respectfully urge the adoption of House-passed provisions in Sec. 30303 of H.R. 5421 as the conference committee completes the work of reconciling the bills.

Sec. 30303 of HR 4521 includes vital and urgent 'Hong Kong People's Freedom and Choice' language originally 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 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.