Hong Kong Economic and Trade Office (HKETO) Certification Act

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 490 Introduced in Senate (IS)]

&lt;DOC&gt;






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 and Mr. Merkley) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hong Kong Economic and Trade Office 
(HKETO) Certification Act''.

SEC. 2. CERTIFICATION ON WHETHER TO EXTEND CERTAIN PRIVILEGES, 
              EXEMPTIONS, AND IMMUNITIES TO THE HONG KONG ECONOMIC AND 
              TRADE OFFICES IN THE UNITED STATES.

    (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--
            (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 certification.
    (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 Certification.--
            (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.
            (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).
    (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).
    (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.
    (f) 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 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
                    (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.
            (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).
            (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.
            (4) Consideration in senate.--
                    (A) Committee referral.--A disapproval resolution 
                introduced in the Senate shall be referred to the 
                Committee on Foreign Relations.
                    (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.
                    (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.
                    (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.
                    (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.
            (5) Rules relating to senate and house of 
        representatives.--
                    (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):
                            (i) The resolution shall be referred to the 
                        appropriate committees.
                            (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.
                            (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.
                            (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.
                    (B) Treatment of house resolution in senate.--
                            (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:
                                    (I) That resolution shall not be 
                                referred to a committee.
                                    (II) With respect to that 
                                resolution--
                                            (aa) the procedure in the 
                                        Senate shall be the same as if 
                                        no resolution had been received 
                                        from the House of 
                                        Representatives; but
                                            (bb) the vote on passage 
                                        shall be on the resolution from 
                                        the House of Representatives.
                            (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.
                            (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.
                    (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.
            (6) Rules of house of representatives and senate.--This 
        paragraph is enacted by Congress--
                    (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
                    (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.
    (g) 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 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
            (2) a disapproval resolution under section 2(f) is not 
        enacted during the 90-day period following the submission of 
        that certification.
    (b) Certification.--
            (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.
            (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.
            (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--
                    (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
                    (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.
    (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).

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 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;
            (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.
                                 &lt;all&gt;
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