22 U.S.C. § 5731: Reporting requirement

Summary

The Secretary of State must send a report to Congress by March 31, 2019, and then once a year through 2024. The first report must cover events since October 5, 1992. Later reports must cover the time since the last report. The report must describe key U.S.-Hong Kong developments and agreements; effects of the change in who governs Hong Kong; cultural, education, science, and academic exchanges; U.S. laws where special Hong Kong treatment was paused or ended and why; treaties or international agreements where the President made a particular determination and why; problems with export-control cooperation; the state of democratic institutions in Hong Kong; and Hong Kong’s role in international groups. The report must be unclassified and posted on the State Department’s public website. It must go to four congressional committees: the Senate Committees on Foreign Relations and Armed Services, and the House Committees on Foreign Affairs and Armed Services.

Title 22, §5731

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

Not later than March 31, 2019, 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 October 5, 1992, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—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). 2002—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. 1996—Subsec. (a). Pub. L. 104–107 inserted “

March 31, 1996,” after “

March 31, 1995,” in introductory provisions.

Statutory Notes and Related Subsidiaries

Extension of Reporting Time Pub. L. 107–115, title V, § 586(b), Jan. 10, 2002, 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

March 31, 2001, shall be considered satisfied by the transmittal of such report by

August 7, 2001.” Report on Sino-British Joint Declaration on Question of Hong Kong Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 571], Sept. 30, 1996, 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), Feb. 12, 1996, 110 Stat. 750.

§5731 Reporting Requirement