[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 490 Reported in Senate (RS)]
<DOC>
Calendar No. 148
118th CONGRESS
1st Session
S. 490
To require the President to remove the extension of certain privileges,
exemptions, and immunities to the Hong Kong Economic and Trade Offices
if Hong Kong no longer enjoys a high degree of autonomy from the
People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Rubio (for himself, Mr. Merkley, and Mr. Coons) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
July 25, 2023
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the President to remove the extension of certain privileges,
exemptions, and immunities to the Hong Kong Economic and Trade Offices
if Hong Kong no longer enjoys a high degree of autonomy from the
People's Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Hong Kong Economic and
Trade Office (HKETO) Certification Act''.</DELETED>
<DELETED>SEC. 2. CERTIFICATION ON WHETHER TO EXTEND CERTAIN PRIVILEGES,
EXEMPTIONS, AND IMMUNITIES TO THE HONG KONG ECONOMIC AND
TRADE OFFICES IN THE UNITED STATES.</DELETED>
<DELETED> (a) Certification Required.--Not later than 30 days after
the date of the enactment of this Act, and thereafter as part of each
certification required by the Secretary of State under section
205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5725(a)(1)(A)), the President shall submit to the appropriate
congressional committees a certification that--</DELETED>
<DELETED> (1) the Hong Kong Economic and Trade Offices--
</DELETED>
<DELETED> (A) merit extension and application of the
privileges, exemptions, and immunities specified in
subsection (b); or</DELETED>
<DELETED> (B) no longer merit extension and
application of the privileges, exemptions, and
immunities specified in subsection (b); and</DELETED>
<DELETED> (2) a detailed report justifying that
certification.</DELETED>
<DELETED> (b) Privileges, Exemptions, and Immunities Specified.--The
privileges, exemptions, and immunities specified in this subsection are
the privileges, exemptions, and immunities extended and applied to the
Hong Kong Economic and Trade Offices under section 1 of the Act
entitled ``An Act to extend certain privileges, exemptions, and
immunities to Hong Kong Economic and Trade Offices'', approved June 27,
1997 (22 U.S.C. 288k).</DELETED>
<DELETED> (c) Effect of Certification.--</DELETED>
<DELETED> (1) Termination.--If the President certifies under
subsection (a)(1)(B) that the Hong Kong Economic and Trade
Offices no longer merit extension and application of the
privileges, exemptions, and immunities specified in subsection
(b), the Hong Kong Economic and Trade Offices shall terminate
operations not later than 180 days after the date on which that
certification is delivered to the appropriate congressional
committees.</DELETED>
<DELETED> (2) Continued operations.--If the President
certifies under subsection (a)(1)(A) that the Hong Kong
Economic and Trade Offices merit extension and application of
the privileges, exemptions, and immunities specified in
subsection (b), the Hong Kong Economic and Trade Offices may
continue operations for the one-year period following the date
of that certification or until the next certification required
under section 205(a)(1)(A) of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5725(a)(1)(A)) is submitted,
whichever occurs first, unless a disapproval resolution is
enacted under subsection (f).</DELETED>
<DELETED> (d) Revocation of Extension and Application of Privileges,
Exemptions, and Immunities.--The President may revoke the extension and
application to the Hong Kong Economic and Trade Offices of the
privileges, exceptions, and immunities specified in subsection
(b).</DELETED>
<DELETED> (e) Termination of Certification Requirement.--If the Hong
Kong Economic and Trade Offices terminate operations in the United
States, whether pursuant to subsection (c) or otherwise, the President
shall not issue additional certifications under subsection (a)(1) after
the date on which those operations terminated.</DELETED>
<DELETED> (f) Congressional Review.--</DELETED>
<DELETED> (1) Disapproval resolution.--In this subsection,
the term ``disapproval resolution'' means only a joint
resolution of either House of Congress--</DELETED>
<DELETED> (A) the title of which is the following:
``A joint resolution disapproving the certification by
the President that the Hong Kong Economic and Trade
Offices continue to merit extension and application of
certain privileges, exemptions, and immunities.'';
and</DELETED>
<DELETED> (B) the sole matter after the resolving
clause of which is the following: ``Congress
disapproves of the certification by the President under
section 2(a)(1)(A) of the Hong Kong Economic and Trade
Office (HKETO) Certification Act that the Hong Kong
Economic and Trade Offices merit extension and
application of certain privileges, exemptions, and
immunities, on ___.'', with the blank space being
filled with the appropriate date.</DELETED>
<DELETED> (2) Introduction.--A disapproval resolution may be
introduced--</DELETED>
<DELETED> (A) in the House of Representatives, by
the majority leader or the minority leader;
and</DELETED>
<DELETED> (B) in the Senate, by the majority leader
(or the majority leader's designee) or the minority
leader (or the minority leader's designee).</DELETED>
<DELETED> (3) Floor consideration in house of
representatives.--If a committee of the House of
Representatives to which a disapproval resolution has been
referred has not reported the resolution within 10 legislative
days after the date of referral, that committee shall be
discharged from further consideration of the
resolution.</DELETED>
<DELETED> (4) Consideration in senate.--</DELETED>
<DELETED> (A) Committee referral.--A disapproval
resolution introduced in the Senate shall be referred
to the Committee on Foreign Relations.</DELETED>
<DELETED> (B) Reporting and discharge.--If the
Committee on Foreign Relations of the Senate has not
reported the resolution within 10 legislative days
after the date of referral of the resolution, that
committee shall be discharged from further
consideration of the resolution and the resolution
shall be placed on the appropriate calendar.</DELETED>
<DELETED> (C) Proceeding to consideration.--
Notwithstanding Rule XXII of the Standing Rules of the
Senate, it is in order at any time after the Committee
on Foreign Relations reports a disapproval resolution
to the Senate or has been discharged from consideration
of such a resolution (even though a previous motion to
the same effect has been disagreed to) to move to
proceed to the consideration of the resolution, and all
points of order against the resolution (and against
consideration of the resolution) are waived. The motion
to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order.</DELETED>
<DELETED> (D) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a disapproval
resolution shall be decided without debate.</DELETED>
<DELETED> (E) Consideration of veto messages.--
Debate in the Senate of any veto message with respect
to a disapproval resolution, including all debatable
motions and appeals in connection with the resolution,
shall be limited to 10 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.</DELETED>
<DELETED> (5) Rules relating to senate and house of
representatives.--</DELETED>
<DELETED> (A) Treatment of senate resolution in
house.--In the House of Representatives, the following
procedures shall apply to a disapproval resolution
received from the Senate (unless the House has already
passed a resolution relating to the same proposed
action):</DELETED>
<DELETED> (i) The resolution shall be
referred to the appropriate
committees.</DELETED>
<DELETED> (ii) If a committee to which a
resolution has been referred has not reported
the resolution within 10 legislative days after
the date of referral, that committee shall be
discharged from further consideration of the
resolution.</DELETED>
<DELETED> (iii) Beginning on the third
legislative day after each committee to which a
resolution has been referred reports the
resolution to the House or has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider the
resolution in the House. All points of order
against the motion are waived. Such a motion
shall not be in order after the House has
disposed of a motion to proceed on the
resolution. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of
shall not be in order.</DELETED>
<DELETED> (iv) The resolution shall be
considered as read. All points of order against
the resolution and against its consideration
are waived. The previous question shall be
considered as ordered on the resolution to
final passage without intervening motion except
2 hours of debate equally divided and
controlled by the offeror of the motion to
proceed (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
resolution shall not be in order.</DELETED>
<DELETED> (B) Treatment of house resolution in
senate.--</DELETED>
<DELETED> (i) Received before passage of
senate resolution.--If, before the passage by
the Senate of a disapproval resolution, the
Senate receives an identical resolution from
the House of Representatives, the following
procedures shall apply:</DELETED>
<DELETED> (I) That resolution shall
not be referred to a
committee.</DELETED>
<DELETED> (II) With respect to that
resolution--</DELETED>
<DELETED> (aa) the procedure
in the Senate shall be the same
as if no resolution had been
received from the House of
Representatives; but</DELETED>
<DELETED> (bb) the vote on
passage shall be on the
resolution from the House of
Representatives.</DELETED>
<DELETED> (ii) Received after passage of
senate resolution.--If, following passage of a
disapproval resolution in the Senate, the
Senate receives an identical resolution from
the House of Representatives, that resolution
shall be placed on the appropriate Senate
calendar.</DELETED>
<DELETED> (iii) No senate companion.--If a
disapproval resolution is received from the
House of Representatives, and no companion
resolution has been introduced in the Senate,
the Senate procedures under this subsection
shall apply to the resolution from the House of
Representatives.</DELETED>
<DELETED> (C) Application to revenue measures.--The
provisions of this subparagraph shall not apply in the
House of Representatives to a disapproval resolution
that is a revenue measure.</DELETED>
<DELETED> (6) Rules of house of representatives and
senate.--This paragraph is enacted by Congress--</DELETED>
<DELETED> (A) as an exercise of the rulemaking power
of the Senate and the House of Representatives,
respectively, and as such is deemed a part of the rules
of each House, respectively, and supersedes other rules
only to the extent that it is inconsistent with such
rules; and</DELETED>
<DELETED> (B) with full recognition of the
constitutional right of either House to change the
rules (so far as relating to the procedure of that
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of that
House.</DELETED>
<DELETED> (g) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives.</DELETED>
<DELETED> (2) Hong kong economic and trade offices.--The
term ``Hong Kong Economic and Trade Offices'' has the meaning
given that term in section 1(c) of the Act entitled ``An Act to
extend certain privileges, exemptions, and immunities to Hong
Kong Economic and Trade Offices'', approved June 27, 1997 (22
U.S.C. 288k).</DELETED>
<DELETED>SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG KONG
ECONOMIC AND TRADE OFFICES.</DELETED>
<DELETED> (a) In General.--On and after the date of the enactment of
this Act, an entity of the United States Government may enter into an
agreement or partnership with the Hong Kong Economic and Trade Offices
to promote tourism, culture, business, or other matters relating to
Hong Kong only if--</DELETED>
<DELETED> (1) the President has submitted to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a certification under
section 2(a)(1)(A) that the Hong Kong Economic and Trade
Offices merit extension and application of certain privileges,
exemptions, and immunities; and</DELETED>
<DELETED> (2) a disapproval resolution under section 2(f) is
not enacted during the 90-day period following the submission
of that certification.</DELETED>
<DELETED> (b) Certification.--</DELETED>
<DELETED> (1) Existing agreements and partnerships.--Not
later than 100 days after the date of the enactment of this
Act, any entity of the United States Government or any entity
that holds a current Federal contract with the United States
Government that has in effect an agreement or partnership with
the Hong Kong Economic and Trade Offices, shall submit to the
Secretary of State and the Administrator of the General
Services Administration a certification described in paragraph
(3) with respect to each such agreement or
partnership.</DELETED>
<DELETED> (2) New agreements and partnerships.--Not later
than 15 days after entering into an agreement or partnership
with the Hong Kong Economic and Trade Offices, an entity of the
United States Government or an entity that holds a current
Federal contract with the United States Government shall submit
to the Secretary of State and the Administrator of the General
Services Administration a certification described in paragraph
(3) with respect to that agreement or partnership.</DELETED>
<DELETED> (3) Certification described.--With respect to an
agreement or partnership with the Hong Kong Economic and Trade
Offices, a certification described in this paragraph is a
certification that the agreement or partnership does not
promote efforts by the Government of the Hong Kong Special
Administrative Region and the Government of the People's
Republic of China--</DELETED>
<DELETED> (A) to justify the dismantling of the
autonomy of Hong Kong and the freedoms and rule of law
guaranteed by the Sino-British Joint Declaration of
1984; or</DELETED>
<DELETED> (B) to portray within the United States
the Government of the Hong Kong Special Administrative
Region or the Government of the People's Republic of
China as protecting the rule of law or the human rights
and civil liberties of the people of Hong
Kong.</DELETED>
<DELETED> (c) Hong Kong Economic and Trade Offices Defined.--In this
section, the term ``Hong Kong Economic and Trade Offices'' has the
meaning given that term in section 1(c) of the Act entitled ``An Act to
extend certain privileges, exemptions, and immunities to Hong Kong
Economic and Trade Offices'', approved June 27, 1997 (22 U.S.C.
288k).</DELETED>
<DELETED>SEC. 4. POLICY OF UNITED STATES ON PROMOTION OF AUTONOMY OF
GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE
REGION.</DELETED>
<DELETED> It is the policy of the United States--</DELETED>
<DELETED> (1) to ensure that entities of the United States
Government do not knowingly assist in the promotion of Hong
Kong as a free and autonomous city or the Government of the
Hong Kong Special Administrative Region as committed to
protecting the human rights of the people of Hong Kong or fully
maintaining the rule of law required for human rights and
economic prosperity as long as the Secretary of State continues
to certify under section 205(a)(1) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5725(a)(1)) that Hong Kong
does not enjoy a high degree of autonomy from the People's
Republic of China and does not warrant treatment under the laws
of the United States in the same manner as those laws were
applied to Hong Kong before July 1, 1997;</DELETED>
<DELETED> (2) to recognize that promotion of Hong Kong as
described in paragraph (1) should be considered propaganda for
the efforts of the People's Republic of China to dismantle
rights and freedom guaranteed to the residents of Hong Kong by
the International Covenant on Civil and Political Rights and
the Sino-British Joint Declaration of 1984;</DELETED>
<DELETED> (3) to ensure that entities of the United States
Government do not engage in or assist with propaganda of the
People's Republic of China regarding Hong Kong; and</DELETED>
<DELETED> (4) to engage with the Government of the Hong Kong
Special Administrative Region, through all relevant entities of
the United States Government, seeking the release of political
prisoners, the end of arbitrary detentions, the resumption of a
free press and fair and free elections open to all candidates,
and the restoration of an independent judiciary.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Economic and Trade Office
(HKETO) Certification Act''.
SEC. 2. DETERMINATION ON WHETHER TO EXTEND CERTAIN PRIVILEGES,
EXEMPTIONS, AND IMMUNITIES TO THE HONG KONG ECONOMIC AND
TRADE OFFICES IN THE UNITED STATES.
(a) Determination Required.--Not later than 30 days after the date
of the enactment of this Act, and thereafter as part of each
certification required by the Secretary of State under section
205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5725(a)(1)(A)), the Secretary of State shall, as part of such
certification, include a separate determination that--
(1) the Hong Kong Economic and Trade Offices--
(A) merit extension and application of the
privileges, exemptions, and immunities specified in
subsection (b); or
(B) no longer merit extension and application of
the privileges, exemptions, and immunities specified in
subsection (b); and
(2) a detailed report justifying that determination, which
may include considerations related to United States national
security interests.
(b) Privileges, Exemptions, and Immunities Specified.--The
privileges, exemptions, and immunities specified in this subsection are
the privileges, exemptions, and immunities extended and applied to the
Hong Kong Economic and Trade Offices under section 1 of the Act
entitled ``An Act to extend certain privileges, exemptions, and
immunities to Hong Kong Economic and Trade Offices'', approved June 27,
1997 (22 U.S.C. 288k).
(c) Effect of Determination.--
(1) Termination.--If the Secretary of State determines
under subsection (a)(1)(B) that the Hong Kong Economic and
Trade Offices no longer merit extension and application of the
privileges, exemptions, and immunities specified in subsection
(b), the Hong Kong Economic and Trade Offices shall terminate
operations not later than 180 days after the date on which that
determination is delivered to the appropriate congressional
committees, as part of the certification required under section
205(a)(1)(A) of the United States-Hong Kong Policy Act of 1992
(22 U.S.C. 5725(a)(1)(A)).
(2) Continued operations.--If the Secretary of State
determines under subsection (a)(1)(A) that the Hong Kong
Economic and Trade Offices merit extension and application of
the privileges, exemptions, and immunities specified in
subsection (b), the Hong Kong Economic and Trade Offices may
continue operations for the one-year period following the date
of the certification that includes that determination or until
the next certification required under section 205(a)(1)(A) of
the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5725(a)(1)(A)) is submitted, whichever occurs first, unless a
disapproval resolution is enacted under subsection (d).
(d) Congressional Review.--
(1) Disapproval resolution.--In this subsection, the term
``disapproval resolution'' means only a joint resolution of
either House of Congress--
(A) the title of which is the following: ``A joint
resolution disapproving the determination by the
President that the Hong Kong Economic and Trade Offices
continue to merit extension and application of certain
privileges, exemptions, and immunities.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress disapproves of the
determination by the Secretary of State under section
2(a)(1)(A) of the Hong Kong Economic and Trade Office
(HKETO) Certification Act that the Hong Kong Economic
and Trade Offices merit extension and application of
certain privileges, exemptions, and immunities, on
___.'', with the blank space being filled with the
appropriate date.
(2) Introduction.--A disapproval resolution may be
introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Hong kong economic and trade offices.--The term ``Hong
Kong Economic and Trade Offices'' has the meaning given that
term in section 1(c) of the Act entitled ``An Act to extend
certain privileges, exemptions, and immunities to Hong Kong
Economic and Trade Offices'', approved June 27, 1997 (22 U.S.C.
288k).
SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG KONG ECONOMIC AND
TRADE OFFICES.
(a) In General.--On and after the date of the enactment of this
Act, an entity of the United States Government may enter into an
agreement or partnership with the Hong Kong Economic and Trade Offices
to promote tourism, culture, business, or other matters relating to
Hong Kong only if--
(1) the Secretary of State has submitted to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a determination under
section 2(a)(1)(A) that the Hong Kong Economic and Trade
Offices merit extension and application of certain privileges,
exemptions, and immunities;
(2) a disapproval resolution under section 2(d) is not
enacted during the 90-day period following the submission of
that determination; and
(3) the agreement or partnership does not promote efforts
by the Government of the Hong Kong Special Administrative
Region and the Government of the People's Republic of China--
(A) to justify the dismantling of the autonomy of
Hong Kong and the freedoms and rule of law guaranteed
by the Sino-British Joint Declaration of 1984; and
(B) to portray within the United States the
Government of the Hong Kong Special Administrative
Region or the Government of the People's Republic of
China as protecting the rule of law or the human rights
and civil liberties of the people of Hong Kong.
(b) Hong Kong Economic and Trade Offices Defined.--In this section,
the term ``Hong Kong Economic and Trade Offices'' has the meaning given
that term in section 1(c) of the Act entitled ``An Act to extend
certain privileges, exemptions, and immunities to Hong Kong Economic
and Trade Offices'', approved June 27, 1997 (22 U.S.C. 288k).
SEC. 4. POLICY OF UNITED STATES ON PROMOTION OF AUTONOMY OF GOVERNMENT
OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
It is the policy of the United States--
(1) to ensure that entities of the United States Government
do not knowingly assist in the promotion of Hong Kong as a free
and autonomous city or the Government of the Hong Kong Special
Administrative Region as committed to protecting the human
rights of the people of Hong Kong or fully maintaining the rule
of law required for human rights and economic prosperity as
long as the Secretary of State continues to determine under
section 205(a)(1) of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5725(a)(1)) that Hong Kong does not enjoy a
high degree of autonomy from the People's Republic of China and
does not warrant treatment under the laws of the United States
in the same manner as those laws were applied to Hong Kong
before July 1, 1997;
(2) to recognize that promotion of Hong Kong as described
in paragraph (1) should be considered propaganda for the
efforts of the People's Republic of China to dismantle rights
and freedom guaranteed to the residents of Hong Kong by the
International Covenant on Civil and Political Rights and the
Sino-British Joint Declaration of 1984;
(3) to ensure that entities of the United States Government
do not engage in or assist with propaganda of the People's
Republic of China regarding Hong Kong; and
(4) to engage with the Government of the Hong Kong Special
Administrative Region, through all relevant entities of the
United States Government, seeking the release of political
prisoners, the end of arbitrary detentions, the resumption of a
free press and fair and free elections open to all candidates,
and the restoration of an independent judiciary.
Calendar No. 148
118th CONGRESS
1st Session
S. 490
_______________________________________________________________________
A BILL
To require the President to remove the extension of certain privileges,
exemptions, and immunities to the Hong Kong Economic and Trade Offices
if Hong Kong no longer enjoys a high degree of autonomy from the
People's Republic of China, and for other purposes.
_______________________________________________________________________
July 25, 2023
Reported with an amendment