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

Page 1694 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5731 erwise qualified applicants who resided in Hong Kong in 2014 and later, may not be denied pri- marily on the basis of the applicant’s subjection to politically-motivated arrest, detention, or other adverse government action. (b) Implementation The Secretary of State shall take such steps as may be necessary to ensure that consular of- ficers are aware of the policy described in sub- section (a) and receive appropriate training and support to ensure that the policy is carried out so that affected individuals do not face discrimi- nation or unnecessary delay in the processing of their visa applications, including— (1) providing specialized training for all con- sular officers posted to the United States Em- bassy in Beijing or to any United States con- sulate in the People’s Republic of China, the Hong Kong Special Administrative Region, or the Macau Special Administrative Region; (2) instructing the United States Consulate in Hong Kong to maintain an active list of in- dividuals who are known to have been for- mally charged, detained, or convicted by the Government of Hong Kong Special Adminis- trative Region or by the Government of the People’s Republic of China, or intermediaries of such governments, based on politically-mo- tivated considerations related to their exer- cise of rights enumerated in the Universal Declaration of Human Rights, done at Paris December 10, 1948, or the International Cov- enant on Civil and Political Rights, done at New York December 19, 1966, to facilitate the cross-checking of visa applications for Hong Kong residents; and (3) updating any relevant United States Gov- ernment websites with information on the pol- icy described in subsection (a). (c) Cooperation with like-minded countries The Secretary of State shall contact appro- priate representatives of other democratic coun- tries, particularly those who receive a large number of applicants for student and employ- ment visas from Hong Kong— (1) to inform them of the United States pol- icy regarding arrests for participation in non- violent protests in Hong Kong; and (2) to encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Government of Hong Kong and of the Government of the People’s Republic of China. (Pub. L. 102–383, title II, § 206, as added Pub. L. 116–76, § 4(b), Nov. 27, 2019, 133 Stat. 1165.) SUBCHAPTER III—REPORTING PROVISIONS § 5731. Reporting requirement (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 sov- ereignty 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 unoffi- cial; (4) the laws of the United States with re- spect to which the application of section 5721(a) of this title has been suspended pursu- ant to section 5722(a) of this title or with re- spect to which such a suspension has been ter- minated 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 agree- ments 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 be- tween Hong Kong and the United States in the area of export controls; (7) the development of democratic institu- tions 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 pub- lished on a publicly available website of the De- partment of State. (c) Appropriate congressional committees In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Foreign Relations and the Committee on Armed Services of the Sen- ate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (Pub. L. 102–383, title III, § 301, Oct. 5, 1992, 106 Stat. 1453; Pub. L. 104–107, title V, § 576(a), Feb. 12, 1996, 110 Stat. 750; Pub. L. 107–115, title V, § 586(a), Jan. 10, 2002, 115 Stat. 2173; Pub. L. 115–232, div. A, title XII, § 1256, Aug. 13, 2018, 132 Stat. 2056.) 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 annu- ally 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 ‘‘trans- mit to the Speaker of the House of Representatives and Page 1695 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5801 1 See References in Text note below. 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 provi- sions. 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 informa- tion 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 sub- sequent 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. § 5732. Separate part of country reports Whenever a report is transmitted to the Con- gress on a country-by-country basis there shall be included in such report, where applicable, a separate subreport on Hong Kong under the heading of the state that exercises sovereignty over Hong Kong. The reports to which this sec- tion applies include the reports transmitted under— (1) sections 2151n(d) and 2304(b) of this title (relating to human rights); (2) section 2241 of title 19 (relating to trade barriers); and (3) section 4711 1 of title 15 (relating to eco- nomic policy and trade practices). (Pub. L. 102–383, title III, § 302, Oct. 5, 1992, 106 Stat. 1454.) Editorial Notes REFERENCES IN TEXT Section 4711 of title 15, referred to in par. (3), was re- pealed by Pub. L. 107–228, div. A, title VI, § 671(1), Sept. 30, 2002, 116 Stat. 1407. CHAPTER 67—FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND OPEN MARKETS SUPPORT Sec. 5801. Definition of independent states. SUBCHAPTER I—GENERAL PROVISIONS 5811. Findings. 5812. Program coordination, implementation, and oversight. Sec. 5813. Report on overall assistance and economic cooperation strategy. 5814. Repealed. SUBCHAPTER II—BUSINESS AND COMMERCIAL DEVELOPMENT 5821. American Business Centers. 5822. Business and Agriculture Advisory Council. 5823. Funding for export promotion activities and capital projects. 5824. Interagency working group on energy of the Trade Promotion Coordinating Committee. 5825. Repealed. 5826. Policy on combatting tied aid practices. 5827. Technical assistance for Russian Far East. 5828. Funding for OPIC programs. SUBCHAPTER III—THE DEMOCRACY CORPS 5841. Authorization for establishment of Democ- racy Corps. SUBCHAPTER IV—NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES 5851. Findings. 5852. Eligibility. 5853. Nonproliferation and disarmament activities in independent states. 5854. Nonproliferation and disarmament fund. 5855. Limitations on defense conversion authori- ties. 5856. Soviet weapons destruction. 5857. Waiver of certain provisions. 5858. Notice and reports to Congress. 5859. International nonproliferation initiative. 5859a. International nonproliferation initiative. 5860. Report on special nuclear materials. 5861. Research and Development Foundation. SUBCHAPTER V—SPACE TRADE AND COOPERATION 5871. Facilitating discussions regarding acquisition of space hardware, technology, and services from former Soviet Union. 5872. Office of Space Commerce. 5873. Report to Congress. 5874. Definitions. § 5801. Definition of independent states For purposes of this Act, the terms ‘‘inde- pendent states of the former Soviet Union’’ and ‘‘independent states’’ mean the following: Arme- nia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. (Pub. L. 102–511, § 3, Oct. 24, 1992, 106 Stat. 3321.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 102–511, Oct. 24, 1992, 106 Stat. 3320, known as the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 and also as the FREEDOM Support Act. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. FF, title III, § 321, Dec. 27, 2020, 134 Stat. 3101, provided that: ‘‘This subtitle [subtitle C (§§ 321–330) of title III of div. FF of Pub. L. 116–260, amending provisions set out as a note under section 5811 of this title] may be cited as the ‘Belarus Democ- racy, Human Rights, and Sovereignty Act of 2020’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–82, § 1, Jan. 3, 2012, 125 Stat. 1863, provided that: ‘‘This Act [amending provisions set out as a note