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S. 3798 — what changed

Hong Kong Autonomy Act

From Introduced in Senate to Engrossed in Senate. 7 sections amended and 1 added between Introduced in Senate and Engrossed in Senate.

2. Definitions

In this Act:

(1)
Alien; national; national of the United States— The terms alien, national, and national of the United States have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2)
Appropriate congressional committees and leadership— The term appropriate congressional committees and leadership means—
(A)
the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and
(B)
the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
(3)
Basic Law— The term Basic Law means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.
(4)
China— The term China means the People's Republic of China.
(5)
Entity— The term entity means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any other form of business collaboration.
(6)
Financial institution— The term financial institution means a financial institution specified in section 5312(a)(2) of title 31, United States Code.
(7)
removed Foreign financial institution—
(A)
removed In general— Except as provided in subparagraph (B), the term foreign financial institution means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent, including—
(i)
removed a depository institution;
(ii)
removed a bank;
(iii)
removed a savings bank;
(iv)
removed a money service business;
(v)
removed a trust company;
(vi)
removed a securities broker or dealer;
(vii)
removed a commodity futures and options broker or dealer;
(viii)
removed a forward contract or foreign exchange merchant;
(ix)
removed a securities or commodities exchange;
(x)
removed a clearing corporation;
(xi)
removed an investment company;
(xii)
removed an employee benefit plan;
(xiii)
removed a dealer in precious metals, stones, or jewels; and
(xiv)
removed any holding company, affiliate, or subsidiary of an entity specified in any of clauses (i) through (xiii).
(B)
removed Exceptions— The term foreign financial institution does not include—
(i)
removed an international financial institution, as defined in section 1701(c) of the International Financial Institutions Act (22 U.S.C. 262r(c));
(ii)
removed the International Fund for Agricultural Development;
(iii)
removed the North American Development Bank; or
(iv)
removed any other international financial institution specified by the Office of Foreign Assets Control of the Department of the Treasury.
(8)
removed Foreign person— The term foreign person—
(A)
removed means—
(i)
removed any citizen or national of a foreign country; or
(ii)
removed any entity not organized under the laws of the United States or a jurisdiction within the United States; and
(B)
removed does not include the government of a foreign country.
(7)
renumbered was (11) Hong Kong— The term Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
(8)
renumbered was (12) Joint Declaration— The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984.
(9)
added Knowingly— The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge of the conduct, the circumstance, or the result.
(11)
removed Knowingly— The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(10)
renumbered was (14) Person— The term person means an individual or entity.
(13)
removed Significant transaction— The term significant transaction means a transaction determined by the Secretary of the Treasury to be significant on the basis of the following factors—
(A)
removed the size, number, and frequency of the transaction;
(B)
removed the nature of the transaction;
(C)
removed whether the transaction is part of a pattern of conduct;
(D)
removed the nexus between the transaction and a person subject to sanctions under this Act; and
(E)
removed the impact of the transaction on the objectives of this Act.
(11)
renumbered was (16) United States person— The term United States person means—
(A)
renumbered was (16)(3) any citizen or national of the United States;
(B)
renumbered was (16)(4) any alien lawfully admitted for permanent residence in the United States;
(C)
renumbered was (16)(5) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or
(D)
renumbered was (16)(6) any person located in the United States.

4. Sense of Congress regarding Hong Kong

It is the sense of Congress that—

(1)
the United States continues to uphold the principles and policy established in the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76; 22 U.S.C. 5701 note), which remain consistent with China’s obligations under the Joint Declaration and certain promulgated objectives under the Basic Law, including that—
(A)
as set forth in section 101(1) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), “The United States should play an active role, before, on, and after July 1, 1997, in maintaining Hong Kong's confidence and prosperity, Hong Kong's role as an international financial center, and the mutually beneficial ties between the people of the United States and the people of Hong Kong.”; and
(B)
as set forth in section 2(5) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701(5)), “Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997.”;
(2)
although the United States recognizes that, under the Joint Declaration, the Government of China “resumed the exercise of sovereignty over Hong Kong with effect on 1 July 1997”, the United States supports the autonomy of Hong Kong in furtherance of the United States-Hong Kong Policy Act of 1992 and the Hong Kong Human Rights and Democracy Act of 2019 and advances the desire of the people of Hong Kong to continue the “one country, two systems” regime, in addition to other obligations promulgated by China under the Joint Declaration and the Basic Law;
(3)
changed in order to support the benefits and protections that Hong Kong has been afforded by the Government of China under the Joint Declaration and the Basic Law, the United States should establish a clear and unambiguous set of penalties with respect to foreign persons determined by the Secretary of State State, in consultation with the Secretary of the Treasury, to be involved in the contravention of the obligations of China under the Joint Declaration and the Basic Law and the financial institutions trans­act­ing transacting with those foreign persons;
(4)
the Secretary of State should provide an unclassified assessment of the reason for imposition of certain economic penalties on entities, so as to permit a clear path for the removal of economic penalties if the sanctioned behavior is reversed and verified by the Secretary of State;
(5)
relevant Federal agencies should establish a multilateral sanctions regime with respect to foreign persons involved in the contravention of the obligations of China under the Joint Declaration and the Basic Law; and
(6)
in addition to the penalties on foreign persons, and financial institutions transacting with those foreign persons, for the contravention of the obligations of China under the Joint Declaration and the Basic Law, the United States should take steps, in a time of crisis, to assist permanent residents of Hong Kong who are persecuted or fear persecution as a result of the contravention by China of its obligations under the Joint Declaration and the Basic Law to become eligible to obtain lawful entry into the United States.

5. Identification of foreign persons involved in the erosion of the obligations of China under the Joint Declaration or the Basic Law and foreign financial institutions that conduct significant transactions with those persons

(a)
changed In general— Not later than 90 days after the date of the enactment of this Act, and annually thereafter, if the Secretary of State State, in consultation with the Secretary of the Treasury, determines that a foreign person is materially contributing to, has materially contributed to, or attempts to materially contribute to the failure of the Government of China to meet its obligations under the Joint Declaration or the Basic Law, the Secretary of State shall submit to the appropriate congressional committees and leadership a report that includes—
(1)
changed an identification of the foreign person;person; and
(2)
changed a clear explanation for why the foreign person was identified and a description of the activity that resulted in the identification; andidentification.
(b)
added Identifying foreign financial institutions— Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees and leadership the report under subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees and leadership a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report under subsection (a).
(c)
added Exclusion of certain information—
(1)
added Intelligence— The Secretary of State shall not disclose the identity of a person in a report submitted under subsection (a) or (b), or an update under subsection (e), if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.
(2)
added Law enforcement— The Secretary of State shall not disclose the identity of a person in a report submitted under subsection (a) or (b), or an update under subsection (e), if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the head of any other appropriate Federal law enforcement agency, and the Secretary of the Treasury, determines that such disclosure could reasonably be expected—
(3)
removed an identification of any foreign financial institution that knowingly conducts a significant transactions with the foreign person.
(b)
removed Exclusion of certain information—
(1)
removed Intelligence— The Secretary of State shall not disclose the identity of a person in a report submitted under subsection (a) if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.
(2)
removed Law enforcement— The Secretary of State shall not disclose the identity of a person in a report submitted under subsection (a) if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the head of any other appropriate Federal law enforcement agency, and the Secretary of the Treasury, determines that such disclosure could reasonably be expected—
(A)
renumbered was (3)(3)(3) to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;
(B)
renumbered was (3)(3)(4) to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;
(C)
renumbered was (3)(3)(5) to endanger the life or physical safety of any person; or
(D)
renumbered was (3)(3)(6) to cause substantial harm to physical property.
(3)
renumbered was (3)(4) Notification required— If the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attorney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
(d)
added Exclusion or removal of foreign persons and foreign financial institutions—
(1)
added Foreign persons— The President may exclude a foreign person from the report under subsection (a), or an update under subsection (e), or remove a foreign person from the report or update prior to the imposition of sanctions under section 6(a) if the material contribution (as described in subsection (g)) that merited inclusion in that report or update—
(c)
removed Exclusion of foreign persons and foreign financial institutions—
(1)
removed Foreign persons— The President may exclude a foreign person from the report under subsection (a) if the material contribution (as described in subsection (d)) that merited inclusion in that report—
(A)
renumbered was (4)(2)(3) does not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
(B)
renumbered was (4)(2)(4) is not likely to be repeated in the future; and
(C)
renumbered was (4)(2)(5) has been reversed or otherwise mitigated through positive countermeasures taken by that foreign person.
(2)
added Foreign financial institutions— The President may exclude a foreign financial institution from the report under subsection (b), or an update under subsection (e), or remove a foreign financial institution from the report or update prior to the imposition of sanctions under section 7(a) if the significant transaction or significant transactions of the foreign financial institution that merited inclusion in that report or update—
(2)
removed Foreign financial institutions— The President may exclude a foreign financial institution from the report under subsection (a) if the significant transaction or significant transactions of the foreign financial institution that merited inclusion in that report—
(A)
renumbered was (4)(3)(3) does not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
(B)
renumbered was (4)(3)(4) is not likely to be repeated in the future; and
(C)
renumbered was (4)(3)(5) has been reversed or otherwise mitigated through positive countermeasures taken by that foreign financial institution.
(3)
added Notification required— If the President makes a determination under paragraph (1) or (2) to exclude or remove a foreign person or foreign financial institution from a report under subsection (a) or (b), as the case may be, the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
(d)
removed Form of report— Each report under subsection (a) shall be submitted in unclassified form but may include a classified annex.
(e)
changed Timing Update of report—reports—
(1)
changed In general— Each report submitted under subsection (a), subsections (a) and (b) shall be updated in an ongoing manner and, to the extent practicable, updated reports shall be submitted resubmitted with the annual report under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731).
(2)
changed Rule of construction— Nothing in this subsection shall be construed to terminate the requirement to submit update the report reports under subsection subsections (a) and (b) upon the termination of the requirement to submit the annual report under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731).
(f)
added Form of reports—
(1)
added In general— Each report under subsection (a) or (b) (including updates under subsection (e)) shall be submitted in unclassified form and made available to the public.
(2)
added Classified annex— The explanations and descriptions included in the report under subsection (a)(2) (including updates under subsection (e)) may be expanded on in a classified annex.
(g)
renumbered was (7) Material contributions related to obligations of China described— For purposes of this section, a foreign person materially contributes to the failure of the Government of China to meet its obligations under the Joint Declaration or the Basic Law if the person—
(1)
renumbered was (7)(3) took action that resulted in the inability of the people of Hong Kong—
(A)
renumbered was (7)(3)(2) to enjoy freedom of assembly, speech, press, or independent rule of law; or
(B)
renumbered was (7)(3)(3) to participate in democratic outcomes; or
(2)
renumbered was (7)(4) otherwise took action that reduces the high degree of autonomy of Hong Kong.

6. Sanctions with respect to foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law

(a)
Imposition of sanctions—
(1)
changed In general— On and after the date on which a foreign person is included in a the report under section 5(a)(1), 5(a) or an update to that report under section 5(e), the President may impose sanctions described in subsection (b) with respect to that foreign person.
(2)
changed Mandatory sanctions— On and Not later than one year after the date on which a foreign person is included in 2 reports submitted the report under section 5(a)(1), 5(a) or an update to that report under section 5(e), the President shall impose sanctions described in subsection (b) with respect to that foreign person.
(b)
Sanctions described— The sanctions described in this subsection with respect to a foreign person are the following:
(1)
Property transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
(A)
acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
(B)
dealing in or exercising any right, power, or privilege with respect to such property; or
(C)
conducting any transaction involving such property.
(2)
Exclusion from the United States and revocation of visa or other documentation— In the case of a foreign person who is an individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the foreign person, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

7. Sanctions with respect to foreign financial institutions that conduct significant transactions with foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law

(a)
added Imposition of sanctions—
(1)
added Initial sanctions— Not later than one year after the date on which a foreign financial institution is included in the report under section 5(b) or an update to that report under section 5(e), the President shall impose not fewer than 5 of the sanctions described in subsection (b) with respect to that foreign financial institution.
(a)
removed Imposition of sanctions— With respect to any financial institution included in a report under section 5(a)(3)—
(2)
changed Expanded sanctions— not Not later than one year two years after the submittal of date on which a foreign financial institution is included in the report, report under section 5(b) or an update to that report under section 5(e), the President shall impose not fewer than five each of the sanctions described in subsection (b); and(b).
(2)
removed not later than 2 years after the submittal of the report, the President shall impose each of the sanctions described in subsection (b).
(b)
changed Sanctions described— The sanctions that may imposed described in this subsection with respect to a foreign financial institution included in the report under section 5(a)(3) are the following:
(1)
Loans from United States financial institutions— The United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign financial institution.
(2)
Prohibition on designation as primary dealer— Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the foreign financial institution as a primary dealer in United States Government debt instruments.
(3)
Prohibition on service as a repository of government funds— The foreign financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
(4)
changed Foreign exchange— The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which involve the foreign financial institution has any interest.institution.
(5)
changed Banking transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign financial institution.
(6)
Property transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
(A)
acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign financial institution has any interest;
(B)
dealing in or exercising any right, power, or privilege with respect to such property; or
(C)
conducting any transaction involving such property.
(7)
changed Restriction on exports—exports, reexports, and transfers— The President President, in consultation with the Secretary of Commerce, may restrict or prohibit exports exports, reexports, and transfers (in-country) of goods, technology, or services, directly or indirectly, from commodities, software, and technology subject to the jurisdiction of the United States directly or indirectly to the foreign financial institution.
(8)
Ban on investment in equity or debt— The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign financial institution.
(9)
changed Exclusion of corporate officers— The President may direct the Secretary of State to deny a visa to, State, in consultation with the Secretary of the Treasury and the Secretary of Homeland Security Security, to exclude from the United States, States any alien that the President determines is determined to be a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign financial institution.institution, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(10)
Sanctions on principal executive officers— The President may impose on the principal executive officer or officers of the foreign financial institution, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.
(c)
changed Timing of sanctions— The President may impose sanctions required under subsection (a) with respect to a financial institution included in a the report under section 5(a)(3) 5(b) or an update to that report under section 5(e) beginning on the day on which the financial institution is included in that report.report or update.

8. Waiver, termination, exceptions, and congressional review process

(a)
changed National security waiver— Unless a disapproval resolution is enacted under subsection (d), (e), the President may waive the application of sanctions under section 6 or 7 with respect to a foreign person or foreign financial institution if the President—
(1)
determines that the waiver is in the national security interest of the United States; and
(2)
submits to the appropriate congressional committees and leadership a report on the determination and the reasons for the determination.
(b)
changed Termination of sanctions and removal from report— Unless a disapproval resolution is enacted under subsection (d), (e), the President may terminate the application of sanctions under section 6 or 7 with respect to a foreign person or foreign financial institution and remove that the foreign person from the report required under section 5(a) or the foreign financial institution from the report required under section 5(a) 5(b), as the case may be, if the Secretary of State State, in consultation with the Secretary of the Treasury, determines that the actions taken by the foreign person or foreign financial institution that led to the imposition of sanctions—
(1)
do not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
(2)
are not likely to be repeated in the future; and
(3)
have been reversed or otherwise mitigated through positive countermeasures taken by that foreign person or foreign financial institution.
(c)
Termination of Act—
(1)
Report—
(A)
In general— Not later than July 1, 2046, the President, in consultation with the Secretary of State, the Secretary of the Treasury, and the heads of such other Federal agencies as the President considers appropriate, shall submit to Congress a report evaluating the implementation of this Act and sanctions imposed pursuant to this Act.
(B)
changed Elements— The President shall include in the report submitted under paragraph (1) subparagraph (A) an assessment of whether this Act and the sanctions imposed pursuant to this Act should be terminated.
(2)
changed Termination— This Act and the sanctions imposed pursuant to this Act shall remain in effect unless a termination resolution is enacted under subsection (d) (e) after July 1, 2047.
(d)
changed Congressional review—Exception relating to importation of goods—
(1)
added In general— The authorities and requirements to impose sanctions under sections 6 and 7 shall not include the authority or requirement to impose sanctions on the importation of goods.
(2)
added Good defined— In this subsection, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
(e)
added Congressional review—
(1)
added Resolutions—
(1)
removed Resolutions—
(A)
renumbered was (5)(2)(2) Disapproval resolution— In this section, the term disapproval resolution means only a joint resolution of either House of Congress—
(i)
added the title of which is as follows: “A joint resolution disapproving the waiver or termination of sanctions with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong or a foreign financial institution that conducts a significant transaction with that person.”; and
(ii)
added the sole matter after the resolving clause of which is the following: “Congress disapproves of the action under section 8 of the Hong Kong Autonomy Act relating to the application of sanctions imposed with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong, or a foreign financial institution that conducts a significant transaction with that person, on _______ relating to ________.”, with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
(i)
removed the title of which is as follows: “A joint resolution disapproving the waiver or termination of sanctions with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong or a foreign financial institution that provides services to that person.”; and
(ii)
removed the sole matter after the resolving clause of which is the following: “Congress disapproves of the action under section 8 of the Hong Kong Autonomy Act relating to the application of sanctions imposed with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong, or a foreign financial institution that provides services to that person, on _______ relating to ________.”, with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
(B)
renumbered was (5)(2)(3) Termination resolution— In this section, the term termination resolution means only a joint resolution of either House of Congress—
(i)
added the title of which is as follows: “A joint resolution terminating sanctions with respect to foreign persons that contravene the obligations of China with respect to Hong Kong and foreign financial institutions that conduct significant transactions with those persons.”; and
(i)
removed the title of which is as follows: “A joint resolution terminating sanctions with respect to foreign persons that contravene the obligations of China with respect to Hong Kong and foreign financial institutions that provide services to those persons.”; and
(ii)
renumbered was (5)(2)(3)(4) the sole matter after the resolving clause of which is the following: “The Hong Kong Autonomy Act and any sanctions imposed pursuant to that Act shall terminate on ____.”, with the blank space being filled with the termination date.
(C)
renumbered was (5)(2)(4) Covered resolution— In this subsection, the term covered resolution means a disapproval resolution or a termination resolution.
(2)
renumbered was (5)(3) Introduction— A covered resolution may be introduced—
(A)
renumbered was (5)(3)(3) in the House of Representatives, by the majority leader or the minority leader; and
(B)
renumbered was (5)(3)(4) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).
(3)
renumbered was (5)(4) Floor consideration in House of Representatives— If a committee of the House of Representatives to which a covered resolution has been referred has not reported the resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the resolution.
(4)
added Consideration in the Senate—
(A)
added Committee referral—
(4)
removed Consideration in the Senate—
(A)
removed Committee referral—
(i)
renumbered was (5)(5)(2)(2) Disapproval resolution— A disapproval resolution introduced in the Senate shall be—
(I)
renumbered was (5)(5)(2)(2)(3) referred to the Committee on Banking, Housing, and Urban Affairs if the resolution relates to an action that is not intended to significantly alter United States foreign policy with regard to China; and
(II)
renumbered was (5)(5)(2)(2)(4) referred to the Committee on Foreign Relations if the resolution relates to an action that is intended to significantly alter United States foreign policy with regard to China.
(ii)
renumbered was (5)(5)(2)(3) Termination resolution— A termination resolution introduced in the Senate shall be referred to the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations.
(B)
renumbered was (5)(5)(3) Reporting and discharge— If a committee to which a covered resolution was referred has not reported the resolution within 10 calendar 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)
renumbered was (5)(5)(4) Proceeding to consideration— Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may be, reports a covered 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)
renumbered was (5)(5)(5) 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 covered resolution shall be decided without debate.
(E)
renumbered was (5)(5)(6) Consideration of veto messages— Debate in the Senate of any veto message with respect to a covered 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)
added Rules relating to Senate and House of Representatives—
(5)
removed Rules relating to Senate and House of Representatives—
(A)
renumbered was (5)(6)(2) Treatment of Senate resolution in House— In the House of Representatives, the following procedures shall apply to a covered resolution received from the Senate (unless the House has already passed a resolution relating to the same proposed action):
(i)
renumbered was (5)(6)(2)(3) The resolution shall be referred to the appropriate committees.
(ii)
renumbered was (5)(6)(2)(4) If a committee to which a resolution has been referred has not reported the resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the resolution.
(iii)
renumbered was (5)(6)(2)(5) 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)
renumbered was (5)(6)(2)(6) 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 sponsor of the resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the resolution shall not be in order.
(B)
added Treatment of House resolution in Senate—
(B)
removed Treatment of House resolution in Senate—
(i)
renumbered was (5)(6)(3)(2) Received before passage of Senate resolution— If, before the passage by the Senate of a covered resolution, the Senate receives an identical resolution from the House of Representatives, the following procedures shall apply:
(I)
renumbered was (5)(6)(3)(2)(3) That resolution shall not be referred to a committee.
(II)
renumbered was (5)(6)(3)(2)(4) With respect to that resolution—
(aa)
renumbered was (5)(6)(3)(2)(4)(2) the procedure in the Senate shall be the same as if no resolution had been received from the House of Representatives; but
(bb)
renumbered was (5)(6)(3)(2)(4)(3) the vote on passage shall be on the resolution from the House of Representatives.
(ii)
renumbered was (5)(6)(3)(3) Received after passage of Senate resolution— If, following passage of a covered 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)
renumbered was (5)(6)(3)(4) No Senate companion— If a covered 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)
renumbered was (5)(6)(4) Application to revenue measures— The provisions of this paragraph shall not apply in the House of Representatives to a covered resolution that is a revenue measure.
(6)
renumbered was (5)(7) Rules of House of Representatives and Senate— This subsection is enacted by Congress—
(A)
renumbered was (5)(7)(3) 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)
renumbered was (5)(7)(4) 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.

9. Implementation; penalties

(a)
added Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this Act.
(b)
added Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of section 6 or 7 or any regulation, license, or order issued to carry out that section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

removed Nothing in this Act shall be construed as an authorization of military force against China.

10. Rule of construction

added

added Nothing in this Act shall be construed as an authorization of military force against China.