[Congressional Record Volume 170, Number 139 (Monday, September 9, 2024)]
[House]
[Pages H5068-H5071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONG KONG ECONOMIC AND TRADE OFFICE (HKETO) CERTIFICATION ACT
Mr. BARR. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1103) 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, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1103
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.
[[Page H5069]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Barr) and the gentleman from New York (Mr. Meeks) each
will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. BARR. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. BARR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 1103, the Hong Kong
Economic and Trade Office Certification Act introduced by the gentleman
from New Jersey (Mr. Smith).
Hong Kong was once a shining beacon in Asia and the gateway into
China, known for its economic freedom, rule of law, and vibrant civil
society. Tragically, this ended when the Chinese
[[Page H5070]]
Communist Party crushed democracy and free enterprise in Hong Kong.
People of all walks of life, and much international capital, have
fled this authoritarian wave, and the city has never been the same.
We cannot allow the CCP to use Hong Kong's former legitimacy as a
continuing gateway into U.S. systems. Both Secretary of State Pompeo
and Secretary Blinken have certified that because of the Chinese
Communist Party's control over Hong Kong's legislature, judicial
system, and police force, Hong Kong can no longer be considered a
separate entity from the People's Republic of China.
We must adjust our treatment of Hong Kong Economic and Trade Offices
to match the sad current reality.
This bill would require the President to annually certify whether
those offices should be covered by the International Organizations
Immunities Act. If certification is not granted, they must terminate
their operations in the United States.
The bipartisan membership of the Foreign Affairs Committee voted
unanimously in favor of this bill at our markup last year.
Mr. Speaker, I urge all of our colleagues to support the Hong Kong
Economic and Trade Office Certification Act, and I reserve the balance
of my time.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 1103, the Hong Kong
Economic and Trade Office Certification Act, as amended.
This bill recognizes that Beijing has ripped apart any credible
notion of Hong Kong's autonomy and has undone the ``one country, two
systems'' framework. In doing so, Beijing betrayed not only the people
of Hong Kong but the commitments it made to the whole world.
Hong Kong is no longer a bastion of the rule of law, no longer a
place of political freedom, and no longer a place where opinions can be
voiced freely. Today, over 1,800 political prisoners sit behind bars.
Trials are held in secret, and justice is sent to mainland China. The
freedoms once cherished in Hong Kong are disappearing rapidly.
The bill in front of us today calls on the President to determine
whether the Hong Kong Economic and Trade Offices in the United States
should continue to get the privileges, exemptions, and immunities which
were offered based on Hong Kong's distinct autonomous status. After
all, why should we treat Hong Kong as different from China now when the
Chinese Communist Party is tightening its grip over Hong Kong's
political and governing system?
This bill is timely and necessary. As we move forward, it is critical
the State Department has the ability to assist both the hundreds of
U.S. businesses operating and the over 80,000 American citizens living
in Hong Kong. We need to make sure that our actions aren't indirectly
strengthening Beijing's grip on Hong Kong's politics or its governance.
I had proposed changes to this legislation during our markup to
address some of these concerns, but, unfortunately, these were not
accepted by the majority.
After this bill passes, I hope that the executive branch and Congress
can consider these issues together in a bipartisan manner so that we
have one voice and so that with that one voice we may hold Beijing and
Hong Kong accountable and protect American interests with one voice.
Finally, I will thank Representatives Chris Smith for all of his hard
work on the bill as well as Representative Jim McGovern for
introducing this important piece of legislation. In that spirit, I
encourage all of my colleagues to support this bill, and I reserve the
balance of my time.
Mr. BARR. Mr. Speaker, I yield 5 minutes to the gentleman from New
Jersey (Mr. Smith), who is a tireless champion for human rights. He is
the chairman of the Foreign Affairs Subcommittee on Global Health,
Global Human Rights, and International Organizations, and he is the
author of this bill.
Mr. SMITH of New Jersey. Mr. Speaker, I thank my good friend for
yielding, and I thank him for his leadership, as well as the leadership
of Mr. Meeks and, of course, Chairman McCaul.
As the prime author of the Hong Kong Human Rights and Democracy Act,
which I first introduced in 2014 when the umbrella revolution was
occurring, many of us thought that if we did not take definitive
actions, then Hong Kong would be lost.
Unfortunately, Congress refused for years to bring up that bill. We
did get it enacted into law, but it was a day late and a dollar short.
However, this legislation, H.R. 1103, is a necessary next step in
tangibly demonstrating our solidarity with the persecuted citizens of
Hong Kong.
I want to thank Jim McGovern, my friend and colleague, for
cosponsoring it. It is a bipartisan bill, and, again, I appreciate Mr.
Meeks' statement just a moment ago.
At one time, the Hong Kong Economic and Trade Offices in the United
States represented a city whose prosperity was based on its protection
of fundamental human rights and freedom of the Hong Kong people.
The U.S. gifted these offices, commonly known as HKETOs for short,
with diplomatic privileges and immunities on the assumption that Hong
Kong would remain free from Communist rule. However, 3 years after the
CCP imposed the national security law on Hong Kong, we must deal with
this new reality. The Hong Kong all of us knew, loved, and respected is
gone. The city that was once a bastion of freedom in a sea of
oppression is now governed by CCP puppets who have become as repressive
as their masters in Beijing.
Hong Kong unjustly detains political prisoners at a rate only
surpassed by a handful of dictatorships such as Belarus and Burma.
There are over 1,000 political prisoners in Hong Kong today. Renowned
pro-democracy figures like Jimmy Lai--I actually chaired a hearing
where we heard from his son, Sebastien, pleading with the world to
speak up on behalf of his father--is now languishing in prison.
Joshua Wong, whom we all met with during the great days when it
looked like democracy was going to be protected, he, too, is
languishing, as well as Tonyee Chow and so many others who are living
in these horrible gulags in Hong Kong.
{time} 1745
But most of Hong Kong's political prisoners actually are unknown.
They are university and high school students, medical workers, first
responders, lawyers, teachers, moms and dads, businesspeople,
journalists, and municipal policymakers jailed and sometimes tortured
for peacefully demonstrating and organizing to protect democracy and
human rights.
The HKETOs are complicit in persecuting them. These offices serve as
Beijing's propaganda arm in the United States, defending and
dismantling the freedom of Hong Kong and obscuring the truth.
In addition, HKETOs help the Chinese Communist Party track exiled
Hong Kong activists in our own country. Anna Kwok, the executive
director of the Hong Kong Democracy Council, testified at one of my
China hearings and made very clear that they are using these so-called
economic leaders to track individuals and to hold family members and
the like responsible back in the PRC as well as to put bounties on
these individuals.
This must stop, Mr. Speaker. The United States should not be granting
diplomatic privileges and immunities to a network of Communist spies
and propagandists.
I spent a whole day reading each of the three HKETO websites. It was
filled--overflowing with lies and deception, especially about the
National Security Act, which is as draconian as any law that has ever
been enacted.
I do hope Members will support this. Even during last year's Asia-
Pacific Economic Cooperation summit in San Francisco, who was
organizing the counterprotests to the wonderful men and women of Hong
Kong simply demanding freedom and democracy? Yes. It was HKETO there.
Mr. Speaker, I urge Members to support H.R. 1103.
Mr. MEEKS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, over the last year alone, we have seen Beijing and Hong
Kong authorities crack down further on dissent and free expression at
home and abroad.
In March, they enacted national security legislation under article 23
of
[[Page H5071]]
the Basic Law to once again fundamentally erode the rights and freedoms
of Hong Kongers.
I am also especially concerned about Beijing's use of transnational
repression on our shores, where we have seen democracy advocates,
including a U.S. citizen, charged under the national security law, with
rewards offered for their capture.
This bill is necessary right now because we need to ensure that Hong
Kong's economic and trade offices in the United States are not being
used by Beijing to execute its transnational repression here in the
United States against those simply standing for freedom and democracy.
I hope all of our colleagues will join all of us here on the floor in
supporting this timely and important bill.
Mr. Speaker, I yield back the balance of my time.
Mr. BARR. Mr. Speaker, I yield myself the balance of my time for the
purpose of closing.
Mr. Speaker, I thank Mr. Smith as well as Mr. McGovern and their
bipartisan cosponsors for bringing this bill forward.
The tragedy that has unfolded in Hong Kong and the ripping up of an
international treaty by the Chinese Communist Party is a stark lesson
that Beijing cannot be trusted, which we have to learn, especially when
it comes to deterrence in Taiwan. We cannot allow what happened in Hong
Kong to happen to the democracy in Taiwan.
We also cannot allow the Chinese Communist Party to use Hong Kong's
economic and trade offices as a back door into the United States. They
must not be able to use the preferential treatment previously afforded
to the city and society they continue to brutalize and oppress.
For these and many other reasons, I urge all Members to vote in favor
of H.R. 1103, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Barr) that the House suspend the rules and
pass the bill, H.R. 1103, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BARR. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________