What This Bill Does
This bill requires the Secretary of State to decide whether Hong Kong Economic and Trade Offices should keep special privileges and exemptions from U.S. law. The Secretary must make this decision based on whether Hong Kong maintains independence from China. If Hong Kong no longer has a high degree of autonomy, the offices must close within 180 days.
##
Who It Affects
- The Secretary of State
- Hong Kong Economic and Trade Offices operating in the United States
- Congress (through the approval/disapproval process)
- U.S. government agencies that partner with these offices
- The Committee on Foreign Relations of the Senate
- The Committee on Foreign Affairs of the House of Representatives
##
Key Provisions
- The Secretary of State must make a determination within 30 days of the law's enactment about whether Hong Kong Economic and Trade Offices merit extension of their special privileges and immunities, and must do this as part of existing yearly certifications. The determination must include a detailed report that may consider U.S. national security interests. (Sec. 2(a))
- If the Secretary determines the offices no longer merit these privileges, the offices must stop operations within 180 days after Congress is notified of that decision. (Sec. 2(c)(1))
- If the Secretary determines the offices do merit these privileges, they may continue operating for one year following the certification date unless Congress passes a disapproval resolution. (Sec. 2(c)(2))
- Congress can pass a disapproval resolution to reject the Secretary's decision that the offices merit continued privileges. Only the majority or minority leader can introduce this resolution. (Sec. 2(d)(1) and (d)(2))
- U.S. government agencies can only enter into partnerships with these offices if the Secretary has determined they merit privileges and no disapproval resolution passes within 90 days. The partnerships also cannot promote efforts to justify dismantling Hong Kong's autonomy or portray China's government as protecting rule of law and human rights in Hong Kong. (Sec. 3(a))
##
What Changes
If this law passes, the Secretary of State must begin evaluating Hong Kong Economic and Trade Offices under new criteria focused on Hong Kong's autonomy from China. The offices could be forced to close if the Secretary finds Hong Kong no longer maintains independence. U.S. government agencies face new restrictions on partnering with these offices and cannot promote messages that defend China's governance of Hong Kong.
##
Important Definitions
- "Hong Kong Economic and Trade Offices": Not specified in bill text (the bill refers to a definition from a 1997 law)
- "Appropriate congressional committees": The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives (Sec. 2(e)(1))
##
Effective Date
The determination must be made within 30 days after the law is enacted. (Sec. 2(a))
II
Calendar No. 527
118TH CONGRESS
2D SESSION
H. R. 1103
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 2024
Received; read twice and placed on the calendar
AN ACT
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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Hong Kong Economic
4
and Trade Office (HKETO) Certification Act’’.
5
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HR 1103 PCS
SEC. 2. DETERMINATION ON WHETHER TO EXTEND CER-
1
TAIN PRIVILEGES, EXEMPTIONS, AND IMMU-
2
NITIES TO THE HONG KONG ECONOMIC AND
3
TRADE OFFICES IN THE UNITED STATES.
4
(a) DETERMINATION REQUIRED.—Not later than 30
5
days after the date of the enactment of this Act, and
6
thereafter as part of each certification required by the Sec-
7
retary of State under section 205(a)(1)(A) of the United
8
States-Hong Kong Policy Act of 1992 (22 U.S.C.
9
5725(a)(1)(A)), the Secretary of State shall, as part of
10
such certification, include a separate determination that—
11
(1) the Hong Kong Economic and Trade Of-
12
fices—
13
(A) merit extension and application of the
14
privileges, exemptions, and immunities specified
15
in subsection (b); or
16
(B) no longer merit extension and applica-
17
tion of the privileges, exemptions, and immuni-
18
ties specified in subsection (b); and
19
(2) a detailed report justifying that determina-
20
tion, which may include considerations related to
21
United States national security interests.
22
(b) PRIVILEGES, EXEMPTIONS, AND IMMUNITIES
23
SPECIFIED.—The privileges, exemptions, and immunities
24
specified in this subsection are the privileges, exemptions,
25
and immunities extended and applied to the Hong Kong
26
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HR 1103 PCS
Economic and Trade Offices under section 1 of the Act
1
entitled ‘‘An Act to extend certain privileges, exemptions,
2
and immunities to Hong Kong Economic and Trade Of-
3
fices’’, approved June 27, 1997 (22 U.S.C. 288k).
4
(c) EFFECT OF DETERMINATION.—
5
(1) TERMINATION.—If the Secretary of State
6
determines under subsection (a)(1)(B) that the
7
Hong Kong Economic and Trade Offices no longer
8
merit extension and application of the privileges, ex-
9
emptions, and immunities specified in subsection (b),
10
the Hong Kong Economic and Trade Offices shall
11
terminate operations not later than 180 days after
12
the date on which that determination is delivered to
13
the appropriate congressional committees, as part of
14
the certification required under section 205(a)(1)(A)
15
of the United States-Hong Kong Policy Act of 1992
16
(22 U.S.C. 5725(a)(1)(A)).
17
(2) CONTINUED OPERATIONS.—If the Secretary
18
of State determines under subsection (a)(1)(A) that
19
the Hong Kong Economic and Trade Offices merit
20
extension and application of the privileges, exemp-
21
tions, and immunities specified in subsection (b), the
22
Hong Kong Economic and Trade Offices may con-
23
tinue operations for the one-year period following
24
the date of the certification that includes that deter-
25
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HR 1103 PCS
mination or until the next certification required
1
under section 205(a)(1)(A) of the United States-
2
Hong Kong Policy Act of 1992 (22 U.S.C.
3
5725(a)(1)(A)) is submitted, whichever occurs first,
4
unless a disapproval resolution is enacted under sub-
5
section (d).
6
(d) CONGRESSIONAL REVIEW.—
7
(1) DISAPPROVAL RESOLUTION.—In this sub-
8
section, the term ‘‘disapproval resolution’’ means
9
only a joint resolution of either House of Congress—
10
(A) the title of which is the following: ‘‘A
11
joint resolution disapproving the certification by
12
the President that the Hong Kong Economic
13
and Trade Offices continue to merit extension
14
and application of certain privileges, exemp-
15
tions, and immunities.’’; and
16
(B) the sole matter after the resolving
17
clause of which is the following: ‘‘Congress dis-
18
approves of the certification by the President
19
under section 2(a)(1)(A) of the Hong Kong
20
Economic and Trade Office (HKETO) Certifi-
21
cation Act that the Hong Kong Economic and
22
Trade Offices merit extension and application
23
of certain privileges, exemptions, and immuni-
24
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HR 1103 PCS
ties, on lll.’’, with the blank space being
1
filled with the appropriate date.
2
(2) INTRODUCTION.—A disapproval resolution
3
may be introduced—
4
(A) in the House of Representatives, by
5
the majority leader or the minority leader; and
6
(B) in the Senate, by the majority leader
7
(or the majority leader’s designee) or the mi-
8
nority leader (or the minority leader’s des-
9
ignee).
10
(3) FLOOR CONSIDERATION IN HOUSE OF REP-
11
RESENTATIVES.—If a committee of the House of
12
Representatives to which a disapproval resolution
13
has been referred has not reported the resolution
14
within 10 legislative days after the date of referral,
15
that committee shall be discharged from further con-
16
sideration of the resolution.
17
(4) CONSIDERATION IN SENATE.—
18
(A)
COMMITTEE
REFERRAL.—A
dis-
19
approval resolution introduced in the Senate
20
shall be referred to the Committee on Foreign
21
Relations.
22
(B) REPORTING AND DISCHARGE.—If the
23
Committee on Foreign Relations of the Senate
24
has not reported the resolution within 10 legis-
25
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HR 1103 PCS
lative days after the date of referral of the reso-
1
lution, that committee shall be discharged from
2
further consideration of the resolution and the
3
resolution shall be placed on the appropriate
4
calendar.
5
(C) PROCEEDING
TO
CONSIDERATION.—
6
Notwithstanding Rule XXII of the Standing
7
Rules of the Senate, it is in order at any time
8
after the Committee on Foreign Relations re-
9
ports a disapproval resolution to the Senate or
10
has been discharged from consideration of such
11
a resolution (even though a previous motion to
12
the same effect has been disagreed to) to move
13
to proceed to the consideration of the resolu-
14
tion, and all points of order against the resolu-
15
tion (and against consideration of the resolu-
16
tion) are waived. The motion to proceed is not
17
debatable. The motion is not subject to a mo-
18
tion to postpone. A motion to reconsider the
19
vote by which the motion is agreed to or dis-
20
agreed to shall not be in order.
21
(D) RULINGS OF THE CHAIR ON PROCE-
22
DURE.—Appeals from the decisions of the Chair
23
relating to the application of the rules of the
24
Senate, as the case may be, to the procedure re-
25
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HR 1103 PCS
lating to a disapproval resolution shall be de-
1
cided without debate.
2
(E)
CONSIDERATION
OF
VETO
MES-
3
SAGES.—Debate in the Senate of any veto mes-
4
sage with respect to a disapproval resolution,
5
including all debatable motions and appeals in
6
connection with the resolution, shall be limited
7
to 10 hours, to be equally divided between, and
8
controlled by, the majority leader and the mi-
9
nority leader or their designees.
10
(5) RULES RELATING TO SENATE AND HOUSE
11
OF REPRESENTATIVES.—
12
(A) TREATMENT OF SENATE RESOLUTION
13
IN HOUSE.—In the House of Representatives,
14
the following procedures shall apply to a dis-
15
approval resolution received from the Senate
16
(unless the House has already passed a resolu-
17
tion relating to the same proposed action):
18
(i) The resolution shall be referred to
19
the appropriate committees.
20
(ii) If a committee to which a resolu-
21
tion has been referred has not reported the
22
resolution within 10 legislative days after
23
the date of referral, that committee shall
24
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HR 1103 PCS
be discharged from further consideration
1
of the resolution.
2
(iii) Beginning on the third legislative
3
day after each committee to which a reso-
4
lution has been referred reports the resolu-
5
tion to the House or has been discharged
6
from further consideration thereof, it shall
7
be in order to move to proceed to consider
8
the resolution in the House. All points of
9
order against the motion are waived. Such
10
a motion shall not be in order after the
11
House has disposed of a motion to proceed
12
on the resolution. The previous question
13
shall be considered as ordered on the mo-
14
tion to its adoption without intervening
15
motion. The motion shall not be debatable.
16
A motion to reconsider the vote by which
17
the motion is disposed of shall not be in
18
order.
19
(iv) The resolution shall be considered
20
as read. All points of order against the res-
21
olution and against its consideration are
22
waived. The previous question shall be con-
23
sidered as ordered on the resolution to
24
final passage without intervening motion
25
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HR 1103 PCS
except 2 hours of debate equally divided
1
and controlled by the offeror of the motion
2
to proceed (or a designee) and an oppo-
3
nent. A motion to reconsider the vote on
4
passage of the resolution shall not be in
5
order.
6
(B) TREATMENT OF HOUSE RESOLUTION
7
IN SENATE.—
8
(i) RECEIVED
BEFORE
PASSAGE
OF
9
SENATE RESOLUTION.—If, before the pas-
10
sage by the Senate of a disapproval resolu-
11
tion, the Senate receives an identical reso-
12
lution from the House of Representatives,
13
the following procedures shall apply:
14
(I) That resolution shall not be
15
referred to a committee.
16
(II) With respect to that resolu-
17
tion—
18
(aa) the procedure in the
19
Senate shall be the same as if no
20
resolution had been received from
21
the House of Representatives;
22
but
23
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HR 1103 PCS
(bb) the vote on passage
1
shall be on the resolution from
2
the House of Representatives.
3
(ii) RECEIVED
AFTER
PASSAGE
OF
4
SENATE
RESOLUTION.—If, following pas-
5
sage of a disapproval resolution in the Sen-
6
ate, the Senate receives an identical resolu-
7
tion from the House of Representatives,
8
that resolution shall be placed on the ap-
9
propriate Senate calendar.
10
(iii) NO
SENATE
COMPANION.—If a
11
disapproval resolution is received from the
12
House of Representatives, and no com-
13
panion resolution has been introduced in
14
the Senate, the Senate procedures under
15
this subsection shall apply to the resolution
16
from the House of Representatives.
17
(C) APPLICATION
TO
REVENUE
MEAS-
18
URES.—The provisions of this subparagraph
19
shall not apply in the House of Representatives
20
to a disapproval resolution that is a revenue
21
measure.
22
(6) RULES
OF
HOUSE
OF
REPRESENTATIVES
23
AND SENATE.—This paragraph is enacted by Con-
24
gress—
25
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HR 1103 PCS
(A) as an exercise of the rulemaking power
1
of the Senate and the House of Representa-
2
tives, respectively, and as such is deemed a part
3
of the rules of each House, respectively, and su-
4
persedes other rules only to the extent that it
5
is inconsistent with such rules; and
6
(B) with full recognition of the constitu-
7
tional right of either House to change the rules
8
(so far as relating to the procedure of that
9
House) at any time, in the same manner, and
10
to the same extent as in the case of any other
11
rule of that House.
12
(e) DEFINITIONS.—In this section:
13
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
14
TEES.—The term ‘‘appropriate congressional com-
15
mittees’’ means the Committee on Foreign Relations
16
of the Senate and the Committee on Foreign Affairs
17
of the House of Representatives.
18
(2) HONG
KONG
ECONOMIC
AND
TRADE
OF-
19
FICES.—The term ‘‘Hong Kong Economic and
20
Trade Offices’’ has the meaning given that term in
21
section 1(c) of the Act entitled ‘‘An Act to extend
22
certain privileges, exemptions, and immunities to
23
Hong Kong Economic and Trade Offices’’, approved
24
June 27, 1997 (22 U.S.C. 288k).
25
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HR 1103 PCS
SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG
1
KONG ECONOMIC AND TRADE OFFICES.
2
(a) IN GENERAL.—On and after the date of the en-
3
actment of this Act, an entity of the United States Gov-
4
ernment may enter into an agreement or partnership with
5
the Hong Kong Economic and Trade Offices to promote
6
tourism, culture, business, or other matters relating to
7
Hong Kong only if—
8
(1) the Secretary of State has submitted to the
9
Committee on Foreign Relations of the Senate and
10
the Committee on Foreign Affairs of the House of
11
Representatives a determination under section
12
2(a)(1)(A) that the Hong Kong Economic and
13
Trade Offices merit extension and application of cer-
14
tain privileges, exemptions, and immunities;
15
(2) a disapproval resolution under section 2(d)
16
is not enacted during the 90-day period following the
17
submission of that determination; and
18
(3) the agreement or partnership does not pro-
19
mote efforts by the Government of the Hong Kong
20
Special Administrative Region and the Government
21
of the People’s Republic of China—
22
(A) to justify the dismantling of the auton-
23
omy of Hong Kong and the freedoms and rule
24
of law guaranteed by the Sino-British Joint
25
Declaration of 1984; and
26
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[Text truncated for display. Full text available on Congress.gov.]