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Title 22 — Foreign Relations and Intercourse

Chapter 66 — United States-Hong Kong Policy

§ 5731. Reporting requirement

Statutory text

(a)

In general

Not later than , and annually thereafter through 2024, the Secretary of State shall submit to the appropriate congressional committees a report on conditions in Hong Kong of interest to the United States. This report shall cover (in the case of the initial report) the period since , or (in the case of subsequent reports) the period since the most recent report pursuant to this section and shall describe—

(1)

significant developments in United States relations with Hong Kong, including a description of agreements that have entered into force between the United States and Hong Kong;

(2)

other matters, including developments related to the change in the exercise of sovereignty over Hong Kong, affecting United States interests in Hong Kong or United States relations with Hong Kong;

(3)

the nature and extent of United States-Hong Kong cultural, education, scientific, and academic exchanges, both official and unofficial;

(4)

the laws of the United States with respect to which the application of section 5721(a) of this title has been suspended pursuant to section 5722(a) of this title or with respect to which such a suspension has been terminated pursuant to section 5722(d) of this title, and the reasons for the suspension or termination, as the case may be;

(5)

treaties and other international agreements with respect to which the President has made a determination described in the last sentence of section 5721(b) of this title, and the reasons for each such determination;

(6)

significant problems in cooperation between Hong Kong and the United States in the area of export controls;

(7)

the development of democratic institutions in Hong Kong; and

(8)

the nature and extent of Hong Kong’s participation in multilateral forums.

(b)

Form

The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.

(c)

Appropriate congressional committees

In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and

(2)

the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. United States-Hong Kong Policy Act of 1992

    Pub. L. 102–383 title III § 301 · 106 Stat. 1448

    Enacted · 22 U.S.C. § 5731

    Pub. L. 102–383, title III, § 301, Oct. 5, 1992, 106 Stat. 1453

    Source evidence

    Code source credit
    Pub. L. 102–383, title III, § 301, Oct. 5, 1992, 106 Stat. 1453

    Enacted provision · exact public law section
    SEC. 301. REPORTING REQUIREMENT. Not later than March 31, 1993, March 31, 1995, March 31, 1997, March 31, 1998, March 31, 1999, and March 31, 2000, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on conditions in Hong Kong of interest to the United States. This report shall cover (in the case of the initial report) the period since the date of enactment of this Act or (in the case of subsequent reports) the period since the most recent report pursuant to this section and shall describe— (1) significant developments in United States relations with Hong Kong, including a description of agreements that have entered into force between the United States and Hong Kong; (2) other matters, including developments related to the change in the exercise of sovereignty over Hong Kong, affecting United States interests in Hong Kong or United States relations with Hong Kong; (3) the nature and extent of United States-Hong Kong cultural, education, scientific, and academic exchanges, both official and unofficial; (4) the laws of the United States with respect to which the application of section 201(a) has been suspended pursuant to section 202(a) or with respect to which such a suspension has been terminated pursuant to section 202(d), and the reasons for the suspension or termination, as the case may be; (5) treaties and other international agreements with respect to which the President has made a determination described in the last sentence of section 201(b), and the reasons for each such determination; (6) significant problems in cooperation between Hong Kong and the United States in the area of export controls; (7) the development of democratic institutions in Hong Kong; and (8) the nature and extent of Hong Kong’s participation in multilateral forums.

  2. Pub. L. 104–107 title V § 576(a) · 110 Stat. 704

    Inserted · 22 U.S.C. § 5731(a)

    Pub. L. 104–107 inserted “March 31, 1996,” after “March 31, 1995,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–107 inserted “March 31, 1996,” after “March 31, 1995,” in introductory provisions.

    Enacted provision · exact public law section
    (a) Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended in the text above paragraph (1) by inserting “March 31, 1996,” after “March 31, 1995,”.

  3. Pub. L. 107–115 title V § 586(a) · 115 Stat. 2118

    Substituted · 22 U.S.C. § 5731

    Pub. L. 107–115 substituted “March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005, and March 31, 2006” for “and March 31, 2000,” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 107–115 substituted “March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005, and March 31, 2006” for “and March 31, 2000,” in introductory provisions.

    Enacted provision · exact public law section
    (a) Section 301 of the United States-Hong Kong Policy Act (22 U.S.C. 5731) is amended by striking “and March 31, 2000,” and inserting: “March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005, and March 31, 2006”.

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title XII § 1256 · 132 Stat. 1636

    1. Amended · 22 U.S.C. § 5731

      Pub. L. 115–232 designated existing provisions as subsec. (a)

    2. Substituted · 22 U.S.C. § 5731

      Pub. L. 115–232 inserted heading, in introductory provisions substituted “Not later than March 31, 2019, and annually thereafter through 2024,” for “Not later than March 31, 1993, March 31, 1995, March 31, 1996, March 31, 1997, March 31, 1998, March 31, 1999, March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005, and March 31, 2006”

    3. Substituted · 22 U.S.C. § 5731

      Pub. L. 115–232 inserted heading, in introductory provisions substituted “submit to the appropriate congressional committees” for “transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate”

    4. Added · 22 U.S.C. § 5731

      Pub. L. 115–232 added subsecs. (b) and (c)

    Source evidence

    Code amendment note
    Pub. L. 115–232 designated existing provisions as subsec. (a), inserted heading, in introductory provisions substituted “Not later than March 31, 2019, and annually thereafter through 2024,” for “Not later than March 31, 1993, March 31, 1995, March 31, 1996, March 31, 1997, March 31, 1998, March 31, 1999, March 31, 2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 2004, March 31, 2005, and March 31, 2006” and “submit to the appropriate congressional committees” for “transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate”, and added subsecs. (b) and (c).

    Enacted provision · exact public law section
    SEC. 1256. REINSTATEMENT OF REPORTING REQUIREMENTS WITH RESPECT TO UNITED STATES-HONG KONG RELATIONS.   Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended— (1) in the matter preceding paragraph (1)— (A) by striking “Not later than” and inserting “(a) In General.— Not later than”; (B) by striking “March 31, 1993” and all that follows through “March 31, 2006” and inserting “March 31, 2019, and annually thereafter through 2024,”; and (C) by striking “transmit to the Speaker” and all that follows through “the Senate” and inserting “submit to the appropriate congressional committees”; and (2) by adding at the end the following new subsections: “(b) Form.— The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State. “(c) Appropriate Congressional Committees.— In this section, the term ‘appropriate congressional committees’ means— “(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and “(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.” .

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1996–2018 · 3 rounds

2018

Pub. L. 115–232 designated existing provisions as subsec. (a), inserted heading, in introductory provisions substituted “Not later than , and annually thereafter through 2024,” for “Not later than , , , , , , , , , , , , and ” and “submit to the appropriate congressional committees” for “transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate”, and added subsecs. (b) and (c).

2002

Pub. L. 107–115 substituted “, , , , , , and ” for “and ,” in introductory provisions.

1996

Subsec. (a). Pub. L. 104–107 inserted “,” after “,” in introductory provisions.

Statutory Notes and Related Subsidiaries

Extension of Reporting Time

Pub. L. 107–115, title V, § 586(b), , 115 Stat. 2173, provided that: “The requirement in section 301 of the United States-Hong Kong Policy Act [22 U.S.C. 5731], as amended by subsection (a), that a report under that section shall be transmitted not later than , shall be considered satisfied by the transmittal of such report by .”

Report on Sino-British Joint Declaration on Question of Hong Kong

Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 571], , 110 Stat. 3009–121, 3009–167, which directed that the additional report required to be submitted during 1997 under this section include detailed information on the status of, and other developments affecting, implementation of the Sino-British Joint Declaration on the Question of Hong Kong, was from the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation act:

Pub. L. 104–107, title V, § 576(b), , 110 Stat. 750.

Credits

1992–2018 · 4 acts
  1. 1992Pub. L. 102–383, title III, § 301, , 106 Stat. 1453
  2. 1996Pub. L. 104–107, title V, § 576(a), , 110 Stat. 750
  3. 2002Pub. L. 107–115, title V, § 586(a), , 115 Stat. 2173
  4. 2018Pub. L. 115–232, div. A, title XII, § 1256, , 132 Stat. 2056.
Show as published

(Pub. L. 102–383, title III, § 301, , 106 Stat. 1453; Pub. L. 104–107, title V, § 576(a), , 110 Stat. 750; Pub. L. 107–115, title V, § 586(a), , 115 Stat. 2173; Pub. L. 115–232, div. A, title XII, § 1256, , 132 Stat. 2056.)

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