[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1354-1357]
[From the U.S. Government Publishing Office, www.gpo.gov]
36. Hong Kong Autonomy Act [22 U.S.C. 5701 note]
Sec. 8. waiver, termination, exceptions, and congressional review
process
* * *
(a) National Security Waiver--Unless a disapproval resolution
is enacted under subsection (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
[[Page 1355]]
and the reasons for the determination.
(b) Termination of Sanctions and Removal From Report--Unless a
disapproval resolution is enacted under subsection (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 the foreign person from the
report required under section 5(a) or the foreign financial
institution from the report required under section 5(b), as the
case may be, if the Secretary of 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.
* * *
(e) Congressional Review--
(1) Resolutions--
(A) Disapproval Resolution--In this section, the
term ``disapproval resolution'' means only a joint
resolution of either House of Congress--
(i) 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) 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
[[Page 1356]]
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.
(B) Termination Resolution--In this section, the
term ``termination resolution'' means only a joint
resolution of either House of Congress--
(i) 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
(ii) 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) Covered Resolution--In this subsection, the
term ``covered resolution'' means a disapproval
resolution or a termination resolution.
(2) Introduction--A covered resolution may be
introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader
(or the minority leader's designee).
(3) 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 legislative days after the date
of referral, that committee shall be discharged from
further consideration of the resolution.
* * *
(5) Rules Relating to Senate and House of
Representatives--
(A) Treatment of Senate Resolution in House--In
the House of Representatives, the following
procedures shall apply to a covered resolution
[[Page 1357]]
received from the Senate (unless the
House has already passed a resolution relating to
the same proposed action):
(i) The resolution shall be referred to the
appropriate committees.
(ii) If a committee to which a resolution has
been referred has not reported the resolution within
10 legislative days after the date of referral, that
committee shall be discharged from further
consideration of the resolution.
(iii) 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) 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 offeror of the motion to proceed
(or a designee) and an opponent. A motion to
reconsider the vote on passage of the resolution
shall not be in order.
* * *
(C) 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.
* * *