Us Congress 2025-2026 Regular Session

Us Congress House Bill HB2661 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 2661
55 To require the President to remove the extension of certain privileges, exemp-
66 tions, and immunities to the Hong Kong Economic and Trade Offices
77 if Hong Kong no longer enjoys a high degree of autonomy from the
88 People’s Republic of China, and for other purposes.
99 IN THE HOUSE OF REPRESENTATIVES
1010 APRIL7, 2025
1111 Mr. S
1212 MITHof New Jersey (for himself and Mr. MCGOVERN) introduced the
1313 following bill; which was referred to the Committee on Foreign Affairs,
1414 and in addition to the Committee on Rules, for a period to be subse-
1515 quently determined by the Speaker, in each case for consideration of such
1616 provisions as fall within the jurisdiction of the committee concerned
1717 A BILL
1818 To require the President to remove the extension of certain
1919 privileges, exemptions, and immunities to the Hong Kong
2020 Economic and Trade Offices if Hong Kong no longer
2121 enjoys a high degree of autonomy from the People’s
2222 Republic of China, and for other purposes.
2323 Be it enacted by the Senate and House of Representa-1
2424 tives of the United States of America in Congress assembled, 2
2525 SECTION 1. SHORT TITLE. 3
2626 This Act may be cited as the ‘‘Hong Kong Economic 4
2727 and Trade Office (HKETO) Certification Act’’. 5
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3030 •HR 2661 IH
3131 SEC. 2. DETERMINATION ON WHETHER TO EXTEND CER-1
3232 TAIN PRIVILEGES, EXEMPTIONS, AND IMMU-2
3333 NITIES TO THE HONG KONG ECONOMIC AND 3
3434 TRADE OFFICES IN THE UNITED STATES. 4
3535 (a) D
3636 ETERMINATIONREQUIRED.—Not later than 30 5
3737 days after the date of the enactment of this Act, and 6
3838 thereafter as part of each certification required by the Sec-7
3939 retary of State under section 205(a)(1)(A) of the United 8
4040 States-Hong Kong Policy Act of 1992 (22 U.S.C. 9
4141 5725(a)(1)(A)), the Secretary of State shall, as part of 10
4242 such certification, include a separate determination that— 11
4343 (1) the Hong Kong Economic and Trade Of-12
4444 fices— 13
4545 (A) merit extension and application of the 14
4646 privileges, exemptions, and immunities specified 15
4747 in subsection (b); or 16
4848 (B) no longer merit extension and applica-17
4949 tion of the privileges, exemptions, and immuni-18
5050 ties specified in subsection (b); and 19
5151 (2) a detailed report justifying that determina-20
5252 tion, which may include considerations related to 21
5353 United States national security interests. 22
5454 (b) P
5555 RIVILEGES, EXEMPTIONS, ANDIMMUNITIES 23
5656 S
5757 PECIFIED.—The privileges, exemptions, and immunities 24
5858 specified in this subsection are the privileges, exemptions, 25
5959 and immunities extended and applied to the Hong Kong 26
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6262 •HR 2661 IH
6363 Economic and Trade Offices under section 1 of the Act 1
6464 entitled ‘‘An Act to extend certain privileges, exemptions, 2
6565 and immunities to Hong Kong Economic and Trade Of-3
6666 fices’’, approved June 27, 1997 (22 U.S.C. 288k). 4
6767 (c) E
6868 FFECT OFDETERMINATION.— 5
6969 (1) T
7070 ERMINATION.—If the Secretary of State 6
7171 determines under subsection (a)(1)(B) that the 7
7272 Hong Kong Economic and Trade Offices no longer 8
7373 merit extension and application of the privileges, ex-9
7474 emptions, and immunities specified in subsection (b), 10
7575 the Hong Kong Economic and Trade Offices shall 11
7676 terminate operations not later than 180 days after 12
7777 the date on which that determination is delivered to 13
7878 the appropriate congressional committees, as part of 14
7979 the certification required under section 205(a)(1)(A) 15
8080 of the United States-Hong Kong Policy Act of 1992 16
8181 (22 U.S.C. 5725(a)(1)(A)). 17
8282 (2) C
8383 ONTINUED OPERATIONS .—If the Secretary 18
8484 of State determines under subsection (a)(1)(A) that 19
8585 the Hong Kong Economic and Trade Offices merit 20
8686 extension and application of the privileges, exemp-21
8787 tions, and immunities specified in subsection (b), the 22
8888 Hong Kong Economic and Trade Offices may con-23
8989 tinue operations for the one-year period following 24
9090 the date of the certification that includes that deter-25
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9393 •HR 2661 IH
9494 mination or until the next certification required 1
9595 under section 205(a)(1)(A) of the United States- 2
9696 Hong Kong Policy Act of 1992 (22 U.S.C. 3
9797 5725(a)(1)(A)) is submitted, whichever occurs first, 4
9898 unless a disapproval resolution is enacted under sub-5
9999 section (d). 6
100100 (d) C
101101 ONGRESSIONALREVIEW.— 7
102102 (1) D
103103 ISAPPROVAL RESOLUTION .—In this sub-8
104104 section, the term ‘‘disapproval resolution’’ means 9
105105 only a joint resolution of either House of Congress— 10
106106 (A) the title of which is the following: ‘‘A 11
107107 joint resolution disapproving the certification by 12
108108 the President that the Hong Kong Economic 13
109109 and Trade Offices continue to merit extension 14
110110 and application of certain privileges, exemp-15
111111 tions, and immunities.’’; and 16
112112 (B) the sole matter after the resolving 17
113113 clause of which is the following: ‘‘Congress dis-18
114114 approves of the certification by the President 19
115115 under section 2(a)(1)(A) of the Hong Kong 20
116116 Economic and Trade Office (HKETO) Certifi-21
117117 cation Act that the Hong Kong Economic and 22
118118 Trade Offices merit extension and application 23
119119 of certain privileges, exemptions, and immuni-24
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122122 •HR 2661 IH
123123 ties, on lll.’’, with the blank space being 1
124124 filled with the appropriate date. 2
125125 (2) I
126126 NTRODUCTION.—A disapproval resolution 3
127127 may be introduced— 4
128128 (A) in the House of Representatives, by 5
129129 the majority leader or the minority leader; and 6
130130 (B) in the Senate, by the majority leader 7
131131 (or the majority leader’s designee) or the mi-8
132132 nority leader (or the minority leader’s des-9
133133 ignee). 10
134134 (3) F
135135 LOOR CONSIDERATION IN HOUSE OF REP -11
136136 RESENTATIVES.—If a committee of the House of 12
137137 Representatives to which a disapproval resolution 13
138138 has been referred has not reported the resolution 14
139139 within 10 legislative days after the date of referral, 15
140140 that committee shall be discharged from further con-16
141141 sideration of the resolution. 17
142142 (4) C
143143 ONSIDERATION IN SENATE .— 18
144144 (A) C
145145 OMMITTEE REFERRAL .—A dis-19
146146 approval resolution introduced in the Senate 20
147147 shall be referred to the Committee on Foreign 21
148148 Relations. 22
149149 (B) R
150150 EPORTING AND DISCHARGE .—If the 23
151151 Committee on Foreign Relations of the Senate 24
152152 has not reported the resolution within 10 legis-25
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156156 lative days after the date of referral of the reso-1
157157 lution, that committee shall be discharged from 2
158158 further consideration of the resolution and the 3
159159 resolution shall be placed on the appropriate 4
160160 calendar. 5
161161 (C) P
162162 ROCEEDING TO CONSIDERATION .— 6
163163 Notwithstanding Rule XXII of the Standing 7
164164 Rules of the Senate, it is in order at any time 8
165165 after the Committee on Foreign Relations re-9
166166 ports a disapproval resolution to the Senate or 10
167167 has been discharged from consideration of such 11
168168 a resolution (even though a previous motion to 12
169169 the same effect has been disagreed to) to move 13
170170 to proceed to the consideration of the resolu-14
171171 tion, and all points of order against the resolu-15
172172 tion (and against consideration of the resolu-16
173173 tion) are waived. The motion to proceed is not 17
174174 debatable. The motion is not subject to a mo-18
175175 tion to postpone. A motion to reconsider the 19
176176 vote by which the motion is agreed to or dis-20
177177 agreed to shall not be in order. 21
178178 (D) R
179179 ULINGS OF THE CHAIR ON PROCE -22
180180 DURE.—Appeals from the decisions of the Chair 23
181181 relating to the application of the rules of the 24
182182 Senate, as the case may be, to the procedure re-25
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185185 •HR 2661 IH
186186 lating to a disapproval resolution shall be de-1
187187 cided without debate. 2
188188 (E) C
189189 ONSIDERATION OF VETO MES -3
190190 SAGES.—Debate in the Senate of any veto mes-4
191191 sage with respect to a disapproval resolution, 5
192192 including all debatable motions and appeals in 6
193193 connection with the resolution, shall be limited 7
194194 to 10 hours, to be equally divided between, and 8
195195 controlled by, the majority leader and the mi-9
196196 nority leader or their designees. 10
197197 (5) R
198198 ULES RELATING TO SENATE AND HOUSE 11
199199 OF REPRESENTATIVES .— 12
200200 (A) T
201201 REATMENT OF SENATE RESOLUTION 13
202202 IN HOUSE.—In the House of Representatives, 14
203203 the following procedures shall apply to a dis-15
204204 approval resolution received from the Senate 16
205205 (unless the House has already passed a resolu-17
206206 tion relating to the same proposed action): 18
207207 (i) The resolution shall be referred to 19
208208 the appropriate committees. 20
209209 (ii) If a committee to which a resolu-21
210210 tion has been referred has not reported the 22
211211 resolution within 10 legislative days after 23
212212 the date of referral, that committee shall 24
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216216 be discharged from further consideration 1
217217 of the resolution. 2
218218 (iii) Beginning on the third legislative 3
219219 day after each committee to which a reso-4
220220 lution has been referred reports the resolu-5
221221 tion to the House or has been discharged 6
222222 from further consideration thereof, it shall 7
223223 be in order to move to proceed to consider 8
224224 the resolution in the House. All points of 9
225225 order against the motion are waived. Such 10
226226 a motion shall not be in order after the 11
227227 House has disposed of a motion to proceed 12
228228 on the resolution. The previous question 13
229229 shall be considered as ordered on the mo-14
230230 tion to its adoption without intervening 15
231231 motion. The motion shall not be debatable. 16
232232 A motion to reconsider the vote by which 17
233233 the motion is disposed of shall not be in 18
234234 order. 19
235235 (iv) The resolution shall be considered 20
236236 as read. All points of order against the res-21
237237 olution and against its consideration are 22
238238 waived. The previous question shall be con-23
239239 sidered as ordered on the resolution to 24
240240 final passage without intervening motion 25
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244244 except 2 hours of debate equally divided 1
245245 and controlled by the offeror of the motion 2
246246 to proceed (or a designee) and an oppo-3
247247 nent. A motion to reconsider the vote on 4
248248 passage of the resolution shall not be in 5
249249 order. 6
250250 (B) T
251251 REATMENT OF HOUSE RESOLUTION 7
252252 IN SENATE.— 8
253253 (i) R
254254 ECEIVED BEFORE PASSAGE OF 9
255255 SENATE RESOLUTION .—If, before the pas-10
256256 sage by the Senate of a disapproval resolu-11
257257 tion, the Senate receives an identical reso-12
258258 lution from the House of Representatives, 13
259259 the following procedures shall apply: 14
260260 (I) That resolution shall not be 15
261261 referred to a committee. 16
262262 (II) With respect to that resolu-17
263263 tion— 18
264264 (aa) the procedure in the 19
265265 Senate shall be the same as if no 20
266266 resolution had been received from 21
267267 the House of Representatives; 22
268268 but 23
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272272 (bb) the vote on passage 1
273273 shall be on the resolution from 2
274274 the House of Representatives. 3
275275 (ii) R
276276 ECEIVED AFTER PASSAGE OF 4
277277 SENATE RESOLUTION .—If, following pas-5
278278 sage of a disapproval resolution in the Sen-6
279279 ate, the Senate receives an identical resolu-7
280280 tion from the House of Representatives, 8
281281 that resolution shall be placed on the ap-9
282282 propriate Senate calendar. 10
283283 (iii) N
284284 O SENATE COMPANION .—If a 11
285285 disapproval resolution is received from the 12
286286 House of Representatives, and no com-13
287287 panion resolution has been introduced in 14
288288 the Senate, the Senate procedures under 15
289289 this subsection shall apply to the resolution 16
290290 from the House of Representatives. 17
291291 (C) A
292292 PPLICATION TO REVENUE MEAS -18
293293 URES.—The provisions of this subparagraph 19
294294 shall not apply in the House of Representatives 20
295295 to a disapproval resolution that is a revenue 21
296296 measure. 22
297297 (6) R
298298 ULES OF HOUSE OF REPRESENTATIVES 23
299299 AND SENATE.—This paragraph is enacted by Con-24
300300 gress— 25
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304304 (A) as an exercise of the rulemaking power 1
305305 of the Senate and the House of Representa-2
306306 tives, respectively, and as such is deemed a part 3
307307 of the rules of each House, respectively, and su-4
308308 persedes other rules only to the extent that it 5
309309 is inconsistent with such rules; and 6
310310 (B) with full recognition of the constitu-7
311311 tional right of either House to change the rules 8
312312 (so far as relating to the procedure of that 9
313313 House) at any time, in the same manner, and 10
314314 to the same extent as in the case of any other 11
315315 rule of that House. 12
316316 (e) D
317317 EFINITIONS.—In this section: 13
318318 (1) A
319319 PPROPRIATE CONGRESSIONAL COMMIT -14
320320 TEES.—The term ‘‘appropriate congressional com-15
321321 mittees’’ means the Committee on Foreign Relations 16
322322 of the Senate and the Committee on Foreign Affairs 17
323323 of the House of Representatives. 18
324324 (2) H
325325 ONG KONG ECONOMIC AND TRADE OF -19
326326 FICES.—The term ‘‘Hong Kong Economic and 20
327327 Trade Offices’’ has the meaning given that term in 21
328328 section 1(c) of the Act entitled ‘‘An Act to extend 22
329329 certain privileges, exemptions, and immunities to 23
330330 Hong Kong Economic and Trade Offices’’, approved 24
331331 June 27, 1997 (22 U.S.C. 288k). 25
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335335 SEC. 3. LIMITATION ON CONTRACTING RELATING TO HONG 1
336336 KONG ECONOMIC AND TRADE OFFICES. 2
337337 (a) I
338338 NGENERAL.—On and after the date of the en-3
339339 actment of this Act, an entity of the United States Gov-4
340340 ernment may enter into an agreement or partnership with 5
341341 the Hong Kong Economic and Trade Offices to promote 6
342342 tourism, culture, business, or other matters relating to 7
343343 Hong Kong only if— 8
344344 (1) the Secretary of State has submitted to the 9
345345 Committee on Foreign Relations of the Senate and 10
346346 the Committee on Foreign Affairs of the House of 11
347347 Representatives a determination under section 12
348348 2(a)(1)(A) that the Hong Kong Economic and 13
349349 Trade Offices merit extension and application of cer-14
350350 tain privileges, exemptions, and immunities; 15
351351 (2) a disapproval resolution under section 2(d) 16
352352 is not enacted during the 90-day period following the 17
353353 submission of that determination; and 18
354354 (3) the agreement or partnership does not pro-19
355355 mote efforts by the Government of the Hong Kong 20
356356 Special Administrative Region and the Government 21
357357 of the People’s Republic of China— 22
358358 (A) to justify the dismantling of the auton-23
359359 omy of Hong Kong and the freedoms and rule 24
360360 of law guaranteed by the Sino-British Joint 25
361361 Declaration of 1984; and 26
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364364 •HR 2661 IH
365365 (B) to portray within the United States 1
366366 the Government of the Hong Kong Special Ad-2
367367 ministrative Region or the Government of the 3
368368 People’s Republic of China as protecting the 4
369369 rule of law or the human rights and civil lib-5
370370 erties of the people of Hong Kong. 6
371371 (b) H
372372 ONGKONGECONOMIC AND TRADEOFFICES 7
373373 D
374374 EFINED.—In this section, the term ‘‘Hong Kong Eco-8
375375 nomic and Trade Offices’’ has the meaning given that 9
376376 term in section 1(c) of the Act entitled ‘‘An Act to extend 10
377377 certain privileges, exemptions, and immunities to Hong 11
378378 Kong Economic and Trade Offices’’, approved June 27, 12
379379 1997 (22 U.S.C. 288k). 13
380380 SEC. 4. POLICY OF UNITED STATES ON PROMOTION OF AU-14
381381 TONOMY OF GOVERNMENT OF THE HONG 15
382382 KONG SPECIAL ADMINISTRATIVE REGION. 16
383383 It is the policy of the United States— 17
384384 (1) to ensure that entities of the United States 18
385385 Government do not knowingly assist in the pro-19
386386 motion of Hong Kong as a free and autonomous city 20
387387 or the Government of the Hong Kong Special Ad-21
388388 ministrative Region as committed to protecting the 22
389389 human rights of the people of Hong Kong or fully 23
390390 maintaining the rule of law required for human 24
391391 rights and economic prosperity as long as the Sec-25
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394394 •HR 2661 IH
395395 retary of State continues to determine under section 1
396396 205(a)(1) of the United States-Hong Kong Policy 2
397397 Act of 1992 (22 U.S.C. 5725(a)(1)) that Hong 3
398398 Kong does not enjoy a high degree of autonomy 4
399399 from the People’s Republic of China and does not 5
400400 warrant treatment under the laws of the United 6
401401 States in the same manner as those laws were ap-7
402402 plied to Hong Kong before July 1, 1997; 8
403403 (2) to recognize that promotion of Hong Kong 9
404404 as described in paragraph (1) should be considered 10
405405 propaganda for the efforts of the People’s Republic 11
406406 of China to dismantle rights and freedom guaran-12
407407 teed to the residents of Hong Kong by the Inter-13
408408 national Covenant on Civil and Political Rights and 14
409409 the Sino-British Joint Declaration of 1984; 15
410410 (3) to ensure that entities of the United States 16
411411 Government do not engage in or assist with propa-17
412412 ganda of the People’s Republic of China regarding 18
413413 Hong Kong; and 19
414414 (4) to engage with the Government of the Hong 20
415415 Kong Special Administrative Region, through all rel-21
416416 evant entities of the United States Government, 22
417417 seeking the release of political prisoners, the end of 23
418418 arbitrary detentions, the resumption of a free press 24
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422422 and fair and free elections open to all candidates, 1
423423 and the restoration of an independent judiciary. 2
424424 Æ
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