[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2661 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2661
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 HOUSE OF REPRESENTATIVES
April 7, 2025
Mr. Smith of New Jersey (for himself and Mr. McGovern) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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. 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 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.
(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.
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