[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4270 Engrossed in House (EH)]

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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.