[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4801-S4802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2479. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

 Subtitle G--Hong Kong Economic and Trade Office (HKETO) Certification 
                                  Act

     SEC. 1291. SHORT TITLE.

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

     SEC. 1292. 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 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 1292(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:
       (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. 1293. 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 1292(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 1292(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. 1294. 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

[[Page S4802]]

     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.
                                 ______