S. 2922 — what changed

Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended by inserting after section 202 the following new section:

“202a. Treatment of Hong Kong under United States law

changed “(a) Presidential certification requirement—Hong Kong is ineligible for treatment different from that accorded the People's Republic of China under United States laws, agreements, or arrangements enacted or entered into after the date of the enactment Secretary of this Act unless the President certifies to Congress that Hong Kong is sufficiently autonomous to justify such different treatment.State certification requirement

changed “(b) Waiver authority—The President may waive “(1) In general—Not later than 90 days after the application date of subsection (a) if the President—enactment of the Hong Kong Human Rights and Democracy Act, and annually thereafter, the Secretary of State shall certify to Congress whether Hong Kong is sufficiently autonomous to justify separate treatment different from that accorded the People's Republic of China in any new laws, agreements, treaties, or arrangements entered into between the United States and Hong Kong after the date of the enactment of such Act.

changed “(1) determines that such “(2) Factor for consideration—In making a waiver is in certification under paragraph (1), the national security interests Secretary of State should consider the United States; andterms, obligations, and expectations expressed in the Joint Declaration with respect to Hong Kong.

added “(3) Exception—The certification under this subsection shall not be required with respect to any new laws, agreements, treaties, or arrangements that support human rights, rule of law, or democracy in Hong Kong.

added “(b) Waiver authority—The Secretary of State may waive the application of subsection (a) if the Secretary—

added “(1) determines that such a waiver is in the national interests of the United States; and

“(2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notice of and justification for the waiver.”