H.R. 1103House118th Congress (2023-2025)Passed House

Hong Kong Economic and Trade Office (HKETO) Certification Act

Introduced February 17, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:47 AM UTC

The Hong Kong Economic and Trade Office (HKETO) Certification Act requires the President, through the Secretary of State, to decide each year whether Hong Kong’s Economic and Trade Offices in the United States should keep the special privileges, exemptions, and immunities they have enjoyed since 1997. If Hong Kong is judged no longer to have a high degree of autonomy from China, the offices must shut down within 180 days. The bill also sets up a congressional process to block the extension of those privileges and limits U.S. government contracts with the offices unless the certification is positive and no disapproval resolution is passed.

Key Provisions

  • Within 30 days of the law’s enactment and with each annual certification, the Secretary of State must state whether HKETO merits continued privileges and provide a detailed justification.
  • If the Secretary decides the offices no longer merit the privileges, they must cease operations within 180 days of that determination.
  • If the offices are deemed to merit the privileges, they can continue for up to one year or until the next certification, unless Congress passes a disapproval resolution.
  • Congress may introduce a joint disapproval resolution to block the certification; specific rules outline how the resolution moves through both the House and Senate.
  • U.S. government agencies may only enter agreements with HKETO if the Secretary’s positive certification is in place, no disapproval resolution is passed within 90 days, and the agreement does not support Chinese efforts to undermine Hong Kong’s autonomy or human‑rights protections.

Legislative Activity

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12 earlier actions
SenateCalendars Latest Action

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 527.

September 25, 2024

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HouseIntro Referral

Introduced in House

February 17, 2023

HouseIntro Referral

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.

February 17, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

November 29, 2023

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 39 - 0.

November 29, 2023

HouseFloor

Mr. Barr moved to suspend the rules and pass the bill, as amended.

September 9, 2024 • 5:36 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5068-5071)

September 9, 2024 • 5:36 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1103.

September 9, 2024 • 5:36 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed. (text: CR H5068-5069)

September 9, 2024 • 5:50 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5119)

September 10, 2024 • 2:02 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 413 - 3 (Roll no. 405).

September 10, 2024 • 2:10 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 413 - 3 (Roll no. 405).

September 10, 2024 • 2:10 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 10, 2024 • 2:10 PM

SenateCalendars

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 527.

September 25, 2024

Floor Debate

4 members

What members said about H.R. 1103 on the floor

2 Republicans2 Democrats
Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Sep 9, 2024

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…

Andy Barr
Rep. Andy BarrR-KY-6 · Sep 9, 2024

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…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-5 · Sep 9, 2024

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…

Mark Takano
Rep. Mark TakanoD-CA-39 · Sep 10, 2024

Mr. Speaker, on Roll Call No. 405, I mistakenly voted NAY when I intended to vote YEA.

Bill Text

3 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued September 25, 2024

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.


1.

Short title

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

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).

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).

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.

Passed the House of Representatives September 10, 2024.

Kevin F. McCumber,

Clerk.

September 25, 2024

Received; read twice and placed on the calendar