What This Bill Does
This bill requires the Secretary of State to decide every year whether Hong Kong Economic and Trade Offices in the United States should keep special legal privileges. If Hong Kong loses its independence from China, the Secretary of State must say these offices no longer deserve those privileges and they must close within 180 days.
##
Who It Affects
- The Secretary of State (the official who runs U.S. foreign relations)
- Hong Kong Economic and Trade Offices operating in the United States
- U.S. government agencies that work with these Hong Kong offices
- Congress members who review these decisions
- Any U.S. company or organization with contracts with the Hong Kong offices
##
Key Provisions
- The Secretary of State must decide within 30 days of this law passing (and yearly after that) whether Hong Kong Economic and Trade Offices deserve special legal protections. The Secretary must explain the decision in a detailed report. (Sec. 2(a))
- If the Secretary decides these offices no longer deserve special protections, the offices must stop operating within 180 days. (Sec. 2(c)(1))
- Congress can vote to reject the Secretary's decision to keep the offices operating. The vote follows special fast-track rules in both the House and Senate. (Sec. 2(d))
- U.S. government agencies cannot partner with Hong Kong Economic and Trade Offices unless the Secretary says these offices deserve special protections AND Congress does not vote to reject that decision within 90 days. (Sec. 3(a))
- Any existing or new partnership between U.S. government agencies and these Hong Kong offices must not promote efforts to take away Hong Kong's freedom or mislead Americans about China's or Hong Kong's government. (Sec. 3(a)(3))
##
What Changes
If this law passes, U.S. government agencies lose the ability to freely work with Hong Kong Economic and Trade Offices. They must first get approval from the Secretary of State and avoid Congress's rejection. All government partnerships with these offices must include a certification that they do not promote Chinese government propaganda about Hong Kong's autonomy (independence from direct Chinese control).
##
Important Definitions
- **Hong Kong Economic and Trade Offices**: Not defined in this bill text. The law refers to the meaning given in a 1997 law (22 U.S.C. 288k).
- **Privileges, exemptions, and immunities**: Not defined in this bill text. The law refers to the protections extended by a 1997 law (22 U.S.C. 288k).
- **Autonomy**: Not explicitly defined but the bill uses it to mean Hong Kong's degree of independence from the People's Republic of China.
##
Effective Date
This bill becomes effective immediately upon being signed into law. The Secretary of State must issue the first decision within 30 days after the law is signed.
II
Calendar No. 148
118TH CONGRESS
1ST SESSION
S. 490
To require the President to remove the extension of certain privileges, exemp-
tions, 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 fol-
lowing bill; which was read twice and referred to the Committee on For-
eign 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 Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 490 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Hong Kong Economic
2
and Trade Office (HKETO) Certification Act’’.
3
SEC. 2. CERTIFICATION ON WHETHER TO EXTEND CERTAIN
4
PRIVILEGES, EXEMPTIONS, AND IMMUNITIES
5
TO THE HONG KONG ECONOMIC AND TRADE
6
OFFICES IN THE UNITED STATES.
7
(a) CERTIFICATION REQUIRED.—Not later than 30
8
days after the date of the enactment of this Act, and
9
thereafter as part of each certification required by the Sec-
10
retary of State under section 205(a)(1)(A) of the United
11
States-Hong
Kong
Policy
Act
of
1992
(22
U.S.C.
12
5725(a)(1)(A)), the President shall submit to the appro-
13
priate congressional committees a certification that—
14
(1) the Hong Kong Economic and Trade Of-
15
fices—
16
(A) merit extension and application of the
17
privileges, exemptions, and immunities specified
18
in subsection (b); or
19
(B) no longer merit extension and applica-
20
tion of the privileges, exemptions, and immuni-
21
ties specified in subsection (b); and
22
(2) a detailed report justifying that certifi-
23
cation.
24
(b) PRIVILEGES, EXEMPTIONS,
AND IMMUNITIES
25
SPECIFIED.—The privileges, exemptions, and immunities
26
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•S 490 RS
specified in this subsection are the privileges, exemptions,
1
and immunities extended and applied to the Hong Kong
2
Economic and Trade Offices under section 1 of the Act
3
entitled ‘‘An Act to extend certain privileges, exemptions,
4
and immunities to Hong Kong Economic and Trade Of-
5
fices’’, approved June 27, 1997 (22 U.S.C. 288k).
6
(c) EFFECT OF CERTIFICATION.—
7
(1) TERMINATION.—If the President certifies
8
under subsection (a)(1)(B) that the Hong Kong
9
Economic and Trade Offices no longer merit exten-
10
sion and application of the privileges, exemptions,
11
and immunities specified in subsection (b), the Hong
12
Kong Economic and Trade Offices shall terminate
13
operations not later than 180 days after the date on
14
which that certification is delivered to the appro-
15
priate congressional committees.
16
(2) CONTINUED OPERATIONS.—If the President
17
certifies under subsection (a)(1)(A) that the Hong
18
Kong Economic and Trade Offices merit extension
19
and application of the privileges, exemptions, and
20
immunities specified in subsection (b), the Hong
21
Kong Economic and Trade Offices may continue op-
22
erations for the one-year period following the date of
23
that certification or until the next certification re-
24
quired under section 205(a)(1)(A) of the United
25
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•S 490 RS
States-Hong Kong Policy Act of 1992 (22 U.S.C.
1
5725(a)(1)(A)) is submitted, whichever occurs first,
2
unless a disapproval resolution is enacted under sub-
3
section (f).
4
(d) REVOCATION OF EXTENSION AND APPLICATION
5
OF PRIVILEGES, EXEMPTIONS, AND IMMUNITIES.—The
6
President may revoke the extension and application to the
7
Hong Kong Economic and Trade Offices of the privileges,
8
exceptions, and immunities specified in subsection (b).
9
(e)
TERMINATION
OF
CERTIFICATION
REQUIRE-
10
MENT.—If the Hong Kong Economic and Trade Offices
11
terminate operations in the United States, whether pursu-
12
ant to subsection (c) or otherwise, the President shall not
13
issue additional certifications under subsection (a)(1) after
14
the date on which those operations terminated.
15
(f) CONGRESSIONAL REVIEW.—
16
(1) DISAPPROVAL RESOLUTION.—In this sub-
17
section, the term ‘‘disapproval resolution’’ means
18
only a joint resolution of either House of Congress—
19
(A) the title of which is the following: ‘‘A
20
joint resolution disapproving the certification by
21
the President that the Hong Kong Economic
22
and Trade Offices continue to merit extension
23
and application of certain privileges, exemp-
24
tions, and immunities.’’; and
25
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•S 490 RS
(B) the sole matter after the resolving
1
clause of which is the following: ‘‘Congress dis-
2
approves of the certification by the President
3
under section 2(a)(1)(A) of the Hong Kong
4
Economic and Trade Office (HKETO) Certifi-
5
cation Act that the Hong Kong Economic and
6
Trade Offices merit extension and application
7
of certain privileges, exemptions, and immuni-
8
ties, on lll.’’, with the blank space being
9
filled with the appropriate date.
10
(2) INTRODUCTION.—A disapproval resolution
11
may be introduced—
12
(A) in the House of Representatives, by
13
the majority leader or the minority leader; and
14
(B) in the Senate, by the majority leader
15
(or the majority leader’s designee) or the mi-
16
nority leader (or the minority leader’s des-
17
ignee).
18
(3) FLOOR CONSIDERATION IN HOUSE OF REP-
19
RESENTATIVES.—If a committee of the House of
20
Representatives to which a disapproval resolution
21
has been referred has not reported the resolution
22
within 10 legislative days after the date of referral,
23
that committee shall be discharged from further con-
24
sideration of the resolution.
25
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•S 490 RS
(4) CONSIDERATION IN SENATE.—
1
(A)
COMMITTEE
REFERRAL.—A
dis-
2
approval resolution introduced in the Senate
3
shall be referred to the Committee on Foreign
4
Relations.
5
(B) REPORTING AND DISCHARGE.—If the
6
Committee on Foreign Relations of the Senate
7
has not reported the resolution within 10 legis-
8
lative days after the date of referral of the reso-
9
lution, that committee shall be discharged from
10
further consideration of the resolution and the
11
resolution shall be placed on the appropriate
12
calendar.
13
(C) PROCEEDING
TO
CONSIDERATION.—
14
Notwithstanding Rule XXII of the Standing
15
Rules of the Senate, it is in order at any time
16
after the Committee on Foreign Relations re-
17
ports a disapproval resolution to the Senate or
18
has been discharged from consideration of such
19
a resolution (even though a previous motion to
20
the same effect has been disagreed to) to move
21
to proceed to the consideration of the resolu-
22
tion, and all points of order against the resolu-
23
tion (and against consideration of the resolu-
24
tion) are waived. The motion to proceed is not
25
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•S 490 RS
debatable. The motion is not subject to a mo-
1
tion to postpone. A motion to reconsider the
2
vote by which the motion is agreed to or dis-
3
agreed to shall not be in order.
4
(D) RULINGS OF THE CHAIR ON PROCE-
5
DURE.—Appeals from the decisions of the Chair
6
relating to the application of the rules of the
7
Senate, as the case may be, to the procedure re-
8
lating to a disapproval resolution shall be de-
9
cided without debate.
10
(E)
CONSIDERATION
OF
VETO
MES-
11
SAGES.—Debate in the Senate of any veto mes-
12
sage with respect to a disapproval resolution,
13
including all debatable motions and appeals in
14
connection with the resolution, shall be limited
15
to 10 hours, to be equally divided between, and
16
controlled by, the majority leader and the mi-
17
nority leader or their designees.
18
(5) RULES RELATING TO SENATE AND HOUSE
19
OF REPRESENTATIVES.—
20
(A) TREATMENT OF SENATE RESOLUTION
21
IN HOUSE.—In the House of Representatives,
22
the following procedures shall apply to a dis-
23
approval resolution received from the Senate
24
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•S 490 RS
(unless the House has already passed a resolu-
1
tion relating to the same proposed action):
2
(i) The resolution shall be referred to
3
the appropriate committees.
4
(ii) If a committee to which a resolu-
5
tion has been referred has not reported the
6
resolution within 10 legislative days after
7
the date of referral, that committee shall
8
be discharged from further consideration
9
of the resolution.
10
(iii) Beginning on the third legislative
11
day after each committee to which a reso-
12
lution has been referred reports the resolu-
13
tion to the House or has been discharged
14
from further consideration thereof, it shall
15
be in order to move to proceed to consider
16
the resolution in the House. All points of
17
order against the motion are waived. Such
18
a motion shall not be in order after the
19
House has disposed of a motion to proceed
20
on the resolution. The previous question
21
shall be considered as ordered on the mo-
22
tion to its adoption without intervening
23
motion. The motion shall not be debatable.
24
A motion to reconsider the vote by which
25
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•S 490 RS
the motion is disposed of shall not be in
1
order.
2
(iv) The resolution shall be considered
3
as read. All points of order against the res-
4
olution and against its consideration are
5
waived. The previous question shall be con-
6
sidered as ordered on the resolution to
7
final passage without intervening motion
8
except 2 hours of debate equally divided
9
and controlled by the offeror of the motion
10
to proceed (or a designee) and an oppo-
11
nent. A motion to reconsider the vote on
12
passage of the resolution shall not be in
13
order.
14
(B) TREATMENT OF HOUSE RESOLUTION
15
IN SENATE.—
16
(i) RECEIVED
BEFORE
PASSAGE
OF
17
SENATE RESOLUTION.—If, before the pas-
18
sage by the Senate of a disapproval resolu-
19
tion, the Senate receives an identical reso-
20
lution from the House of Representatives,
21
the following procedures shall apply:
22
(I) That resolution shall not be
23
referred to a committee.
24
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•S 490 RS
(II) With respect to that resolu-
1
tion—
2
(aa) the procedure in the
3
Senate shall be the same as if no
4
resolution had been received from
5
the
House
of
Representatives;
6
but
7
(bb)
the
vote
on
passage
8
shall be on the resolution from
9
the House of Representatives.
10
(ii) RECEIVED
AFTER
PASSAGE
OF
11
SENATE
RESOLUTION.—If, following pas-
12
sage of a disapproval resolution in the Sen-
13
ate, the Senate receives an identical resolu-
14
tion from the House of Representatives,
15
that resolution shall be placed on the ap-
16
propriate Senate calendar.
17
(iii) NO
SENATE
COMPANION.—If a
18
disapproval resolution is received from the
19
House of Representatives, and no com-
20
panion resolution has been introduced in
21
the Senate, the Senate procedures under
22
this subsection shall apply to the resolution
23
from the House of Representatives.
24
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•S 490 RS
(C)
APPLICATION
TO
REVENUE
MEAS-
1
URES.—The provisions of this subparagraph
2
shall not apply in the House of Representatives
3
to a disapproval resolution that is a revenue
4
measure.
5
(6) RULES
OF
HOUSE
OF
REPRESENTATIVES
6
AND SENATE.—This paragraph is enacted by Con-
7
gress—
8
(A) as an exercise of the rulemaking power
9
of the Senate and the House of Representa-
10
tives, respectively, and as such is deemed a part
11
of the rules of each House, respectively, and su-
12
persedes other rules only to the extent that it
13
is inconsistent with such rules; and
14
(B) with full recognition of the constitu-
15
tional right of either House to change the rules
16
(so far as relating to the procedure of that
17
House) at any time, in the same manner, and
18
to the same extent as in the case of any other
19
rule of that House.
20
(g) DEFINITIONS.—In this section:
21
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
22
TEES.—The term ‘‘appropriate congressional com-
23
mittees’’ means the Committee on Foreign Relations
24
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•S 490 RS
of the Senate and the Committee on Foreign Affairs
1
of the House of Representatives.
2
(2) HONG
KONG
ECONOMIC
AND
TRADE
OF-
3
FICES.—The
term
‘‘Hong
Kong
Economic
and
4
Trade Offices’’ has the meaning given that term in
5
section 1(c) of the Act entitled ‘‘An Act to extend
6
certain privileges, exemptions, and immunities to
7
Hong Kong Economic and Trade Offices’’, approved
8
June 27, 1997 (22 U.S.C. 288k).
9
SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG
10
KONG ECONOMIC AND TRADE OFFICES.
11
(a) IN GENERAL.—On and after the date of the en-
12
actment of this Act, an entity of the United States Gov-
13
ernment may enter into an agreement or partnership with
14
the Hong Kong Economic and Trade Offices to promote
15
tourism, culture, business, or other matters relating to
16
Hong Kong only if—
17
(1) the President has submitted to the Com-
18
mittee on Foreign Relations of the Senate and the
19
Committee on Foreign Affairs of the House of Rep-
20
resentatives a certification under section 2(a)(1)(A)
[Text truncated for display. Full text available on Congress.gov.]