S 490 — Hong Kong Economic and Trade Office (HKETO) Certification Act

(B)but</DELETED> Treatment<DELETED> of(bb) housethe vote on passage shall be on the resolution infrom senate.--the (i)House of Representatives.</DELETED> <DELETED> (ii) Received beforeafter passage of senate resolution.--If, beforefollowing the passage by the Senate of a disapproval resolution,resolution in the Senate, the Senate receives an identical resolution from the House of Representatives, that resolution shall be placed on the followingappropriate 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: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;

(I)and</DELETED> That<DELETED> resolution(B) shallwith notfull berecognition referredof the constitutional right of either House to achange committee.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.

(II)288k).</DELETED> With<DELETED>SEC. 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;

but3. (bb) the vote on passage shall be on the resolution from the House of Representatives.

(ii)LIMITATION ReceivedON CONTRACTING RELATING TO HONG KONG ECONOMIC AND TRADE OFFICES.</DELETED> <DELETED> (a) In General.--On and after passagethe date of senatethe resolution.--If,enactment followingof passagethis Act, an entity of athe disapprovalUnited resolutionStates inGovernment may enter into an agreement or partnership with the Senate,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 receivesand anthe identicalCommittee resolutionon fromForeign Affairs of the House of Representatives,Representatives thata resolutioncertification shallunder besection placed2(a)(1)(A) onthat the appropriateHong SenateKong calendar.Economic and Trade Offices merit extension and application of certain privileges, exemptions, and immunities;

(iii)and</DELETED> No<DELETED> senate(2) companion.--If a disapproval resolution under section 2(f) is receivednot fromenacted during the House90-day period following the submission of Representatives,that certification.</DELETED> <DELETED> (b) Certification.--</DELETED> <DELETED> (1) Existing agreements and nopartnerships.--Not companionlater resolutionthan 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 beenin introducedeffect 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 Senate,Hong Kong Economic and Trade Offices, an entity of the SenateUnited proceduresStates underGovernment thisor subsectionan entity that holds a current Federal contract with the United States Government shall applysubmit to the resolutionSecretary fromof State and the HouseAdministrator of Representatives.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;

(C)or</DELETED> Application<DELETED> (B) to revenueportray measures.--Thewithin provisionsthe 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 subparagraphsection, shallthe notterm apply``Hong inKong Economic and Trade Offices'' has the Housemeaning given that term in section 1(c) of Representativesthe Act entitled ``An Act to aextend disapprovalcertain resolutionprivileges, thatexemptions, isand aimmunities revenueto measure.Hong Kong Economic and Trade Offices'', approved June 27, 1997 (22 U.S.C.

(6)288k).</DELETED> Rules<DELETED>SEC. 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;

and4. (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)POLICY Definitions.--InOF thisUNITED section: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, (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:

(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 PresidentSecretary 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 certificationdetermination 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)2(d) is not enacted during the 90-day period following the submission of that certification.determination;

(b)and Certification.--(3) (1)the Existingagreement agreementsor andpartnership partnerships.--Notdoes laternot thanpromote daysefforts afterby the dateGovernment of the enactmentHong ofKong thisSpecial Act,Administrative anyRegion entityand of the United States Government orof anythe entityPeople's thatRepublic holdsof aChina-- current(A) Federalto contractjustify with the Uniteddismantling Statesof Governmentthe thatautonomy hasof in effect an agreement or partnership with the Hong Kong Economic and Trade Offices, shall submit to the Secretaryfreedoms of State and therule Administrator of thelaw Generalguaranteed Servicesby Administrationthe aSino-British certificationJoint describedDeclaration inof paragraph1984; (3) with respect to each such agreement or partnership.

(2) New agreements and partnerships.--Not(B) laterto thanportray 15within daysthe afterUnited enteringStates intothe anGovernment agreementof or partnership with the Hong Kong EconomicSpecial andAdministrative TradeRegion Offices,or anthe entityGovernment of the UnitedPeople's StatesRepublic Governmentof orChina anas entityprotecting that holds a current Federal contract with the Unitedrule Statesof Governmentlaw shallor submit to the Secretaryhuman ofrights State and thecivil Administratorliberties of the Generalpeople Servicesof AdministrationHong aKong. certification described in paragraph (3) with respect to that agreement or partnership.

(3)(b) Certification described.--With respect to an agreement or partnership with the Hong Kong Economic and Trade Offices,Offices aDefined.--In certification described in this paragraphsection, is a certification that the agreementterm or``Hong partnershipKong doesEconomic notand promoteTrade effortsOffices'' byhas the Governmentmeaning ofgiven thethat Hongterm Kongin Specialsection Administrative1(c) Region and the Government of the People'sAct Republicentitled of``An China--Act (A) to justifyextend thecertain dismantlingprivileges, ofexemptions, theand autonomyimmunities ofto Hong Kong andEconomic the freedoms and ruleTrade ofOffices'', lawapproved guaranteedJune by27, the1997 Sino-British(22 JointU.S.C. 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.

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 certifydetermine under section 205(a)(1) of the United States-Hong Kong Policy Act of (22 U.S.C.

<all>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