[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4270 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4270
_______________________________________________________________________
AN ACT
To prohibit commercial exports of certain nonlethal crowd control items
and defense articles and services to the Hong Kong Police, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Placing Restrictions on Teargas
Exports and Crowd Control Technology to Hong Kong Act'' or the
``PROTECT Hong Kong Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United Nations High Commissioner for Human Rights,
along with human rights organizations, has called for an
investigation of the use of crowd control tactics used in Hong
Kong which fall short of international standards, including the
United Nations Code of Conduct for Law Enforcement Officials
and the Basic Principles on the Use of Force and Firearms for
Law Enforcement Officials.
(2) United States companies have reportedly provided the
Hong Kong Police Force with munitions and non-lethal crowd
control equipment that were reportedly used by the police.
(3) Hong Kong citizens and the international community have
called for changes to the Hong Kong Police's crowd control
tactics and these requests have gone unheeded by the Hong Kong
Special Administrative Region Government.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to restrict the export of security assistance and crime
control and detection instruments and equipment to any
government that engages in a consistent pattern of gross
violations of internationally recognized human rights,
consistent with the requirements of section 502B(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)); and
(2) to use export controls on crime control and detection
instruments and equipment to deter the development of a
consistent pattern of human rights abuses, distance the United
States from such abuses, and avoid contributing to civil
disorder in a country or region, in accordance with section
742.7(b) of part 774 of subtitle B of title 15, Code of Federal
Regulations.
SEC. 4. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE ARTICLES
AND SERVICES AND COVERED MUNITIONS ITEMS TO THE HONG KONG
POLICE.
(a) In General.--Beginning on the date that is 30 days after the
date of the enactment of this Act, except as provided in subsection
(b), the President shall prohibit the issuance of licenses to export
covered defense articles and services and covered munitions items to
the Hong Kong Police.
(b) Waiver.--The prohibition under subsection (a) shall not apply
to the issuance of a license with respect to which the President
submits to the appropriate congressional committees, not fewer than 30
days before the date of such issuance, a written certification that the
exports to be covered by such license are important to the national
interests and foreign policy goals of the United States, including a
description of the manner in which such exports will promote such
interests and goals.
(c) Termination.--The prohibition under subsection (a) shall
terminate on the date on which the President certifies to the
appropriate congressional committees that--
(1) the Hong Kong Police have not engaged in gross
violations of human rights during the 1-year period ending on
the date of such certification; and
(2) there has been an independent examination of human
rights concerns related to the crowd control tactics of the
Hong Kong Police and the Government of the Hong Kong Special
Administrative Region has adequately addressed those concerns.
SEC. 5. REPORT ON COVERED DEFENSE ARTICLES AND SERVICES AND COVERED
MUNITIONS ITEMS EXPORTED TO THE HONG KONG POLICE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Commerce, in consultation with the heads of other relevant Federal
departments and agencies, shall jointly submit to the appropriate
congressional committees a report that lists and provides a description
of all covered defense articles and services and covered munitions
items exported to the Hong Kong Police during the 5-year period ending
on such date of enactment.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives;
(B) the Committee on Foreign Relations of the
Senate; and
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Covered defense articles and services.--The term
``covered defense articles and services'' means defense
articles and defense services designated by the President under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
(3) Covered munitions items.--The term ``covered munitions
items'' means--
(A) items controlled under section 742.7 of part
742 of subtitle B of title 15, Code of Federal
Regulations (relating to crime control and detection
instruments and equipment and related technology and
software); and
(B) items listed under the ``600 series'' of the
Commerce Control List contained in Supplement No. 1 to
part 774 of subtitle B of title 15, Code of Federal
Regulations.
(4) Hong kong.--The term ``Hong Kong'' has the meaning
given such term in section 3 of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5702).
(5) Hong kong police.--The term ``Hong Kong Police''
means--
(A) the Hong Kong Police Force; and
(B) the Hong Kong Auxiliary Police Force.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives October 15, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 4270
_______________________________________________________________________
AN ACT
To prohibit commercial exports of certain nonlethal crowd control items
and defense articles and services to the Hong Kong Police, and for
other purposes.