[Congressional Record Volume 165, Number 185 (Tuesday, November 19, 2019)]
[Senate]
[Pages S6660-S6661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PROHIBITING THE COMMERCIAL EXPORT OF COVERED MUNITIONS ITEMS TO THE 
                         HONG KONG POLICE FORCE

  Mr. MERKLEY. Madam President, on June 9, the streets of Hong Kong 
filled with over 1 million individuals peacefully protesting what they 
saw as an unjust law and attack on democracy. It was an incredible 
visual of people standing up for democracy and standing up for human 
rights.
  Here we are 5 months later, and the images are much different. You 
would be forgiven if you saw them and thought they were in a war zone. 
Hundreds of student protesters barricaded themselves in a Hong Kong 
university surrounded by armored riot police, pummeled by rubber 
bullets and tear gas, fires raging, destruction, devastation, and smoke 
everywhere.
  There have been 5 months of protests, rising anger, and tension. 
There have been 5 months of police crackdowns on peaceful protests, 
spurring further protests and resistance, and U.S.-made, U.S.-exported 
police equipment being misused by the Hong Kong police to violate the 
human rights of protesters. So far, over 10,000 rounds of tear gas have 
been fired into the crowds of protesters.
  We believe in free speech, freedom to assemble, freedom to protest, 
not state-sponsored oppression and violence. It is time to ban the 
export of U.S.-made police equipment to Hong Kong that is being used to 
abuse their human rights. That is why I am so pleased to introduce, in 
partnership with my colleague from Texas, S. 2710, which prohibits the 
export of munitions and crowd-control equipment to the Hong Kong Police 
Force.
  Since the protests in June, over 1,700 Hong Kong residents have been 
injured and over 5,000 have been arrested. Amnesty International 
verified incidents involving the dangerous use of U.S.-made pepper 
spray, batons used to beat protesters, rubber bullets, and tear gas. 
One young woman was clubbed from behind with a police baton and 
continued to be beaten even after she was on the ground with her arms 
zip-tied behind her.
  We have seen tear gas fired into confined spaces, in violation of the 
U.N. Basic Principles on the Use of Force and Firearms. We have seen 
brutal police tactics that continued even when women and men were held 
in captivity or in custody. There has been report after report of 
violent assaults taking place inside police stations.
  We cannot turn a blind eye. It is time to stand with the people of 
Hong Kong who are demanding a democratic future and against the violent 
suppression of free speech.
  The bill the Senator from Texas and I have introduced lays out a 
series of products that we will no longer export to the Hong Kong 
Police Force: tear gas, pepper spray, rubber bullets, foam and bean bag 
rounds, pepper balls, water cannons, handcuffs, shackles, stun guns, 
and tasers.
  This bill is backed by many colleagues on both sides of the aisle. I 
say a huge thank-you to Senator Markey, Senator Blackburn, Senator 
Leahy, Senator Scott, Senator Coons, Senator Wicker, Senator 
Blumenthal, Senator Inhofe, Senator Gillibrand, Senator Cardin, Senator 
Wyden, Senator Braun, Senator Gardner, and Senator Van Hollen.
  I am really proud to stand here in a bipartisan representation 
tonight, to stand with my colleagues who have introduced the Hong Kong 
Human Rights Democracy Act, and to stand together in a bipartisan 
fashion to ban the export of these brutal crowd-control strategies 
being misused in Hong Kong by their police to abuse the protesters.
  I turn to my colleague from Texas.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Madam President, for months, the world has watched as the 
brave citizens of Hong Kong have sustained protests against China's 
decades-long degradation of their civil liberties.
  The U.N. High Commissioner has found credible evidence of the Hong 
Kong Police Force using nonlethal crowd-control weapons in ways that 
violate international norms and standards. That is why I am proud to 
support the bipartisan PROTECT Hong Kong Act, as described by our 
colleague Senator Merkley.
  The PROTECT Hong Kong Act would direct the President to ban the 
issuance of licenses for commercial export of riot-control weapons like 
tear gas, pepper spray, rubber bullets, stun guns, and tasers to the 
Hong Kong Police Force. This ensures that the Hong Kong pro-democracy 
protesters are not subjected to police brutality using products made in 
the United States of America. I am also proud to support the just-
passed Hong Kong Human Rights and Democracy Act.
  I think the statement being made by the passage of these two pieces 
of legislation and the presence today of so many of our colleagues on a 
bipartisan basis standing with the people of Hong Kong against this 
oppression by their Communist overlords is very, very significant.
  Now more than ever, the United States must send a clear message to

[[Page S6661]]

China that the free world stands with Hongkongers in their struggle.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. Madam President, I want to take a moment to 
congratulate my colleague from Oregon and a distinguished member of the 
Foreign Relations Committee who has worked on this issue, alongside of 
Senator Cornyn, with great skill in a way that allowed the legislation 
we just passed to take place, which he strongly supports, and to make 
his legislation, along with Senator Cornyn, a reality shortly. He has 
been very adept about it and very constructive. It is going to be a 
great moment when we send a message that U.S. weaponry isn't going to 
be part of the oppression in Hong Kong. I salute him, and I join him in 
his effort.


                          Additional Cosponsor

  Madam President, I ask unanimous consent to be included as an 
original cosponsor of the legislation.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Oregon.
  Mr. MERKLEY. Madam President, on behalf of myself and Senator Cornyn, 
as in legislative session, I ask unanimous consent that the Committee 
on Banking, Housing, and Urban Affairs be discharged from consideration 
of S. 2710 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 2710) to prohibit the commercial export of 
     covered munitions items to the Hong Kong Police Force.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. MERKLEY. Madam President, I further ask unanimous consent that 
the Merkley amendments, which are at the desk, be considered and agreed 
to; that the bill, as amended, be considered read a third time and 
passed; and that the motion to reconsider be considered made and laid 
upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 1247 and 1248) were agreed to as follows:


                           AMENDMENT NO. 1247

   (Purpose: To include the Committee on Banking, Housing, and Urban 
     Affairs of the Senate as part of the notification requirement)

       On page 1, line 7, insert ``the Committee on Banking, 
     Housing, and Urban Affairs and'' before ``the Committee on 
     Foreign Relations''.


                           AMENDMENT NO. 1248

                (Purpose: To provide a one-year sunset)

       At the end, add the following:

     SEC. 3. SUNSET.

       The prohibition under section 2 shall expire one year after 
     the date of the enactment of this Act.

  The bill (S. 2710), as amended, was ordered to be engrossed for a 
third reading and was read the third time and passed, as follows:

                                S. 2710

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEFINITIONS.

       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Covered munitions items.--The term ``covered munitions 
     items'' means tear gas, pepper spray, rubber bullets, foam 
     rounds, bean bag rounds, pepper balls, water cannons, 
     handcuffs, shackles, stun guns, and tasers.
       (3) 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).
       (4) Hong kong police force.--The term ``Hong Kong Police 
     Force'' means--
       (A) the Hong Kong Police Force; and
       (B) the Hong Kong Auxiliary Police Force.

     SEC. 2. PROHIBITION ON COMMERCIAL EXPORT OF COVERED MUNITIONS 
                   ITEMS TO THE HONG KONG POLICE FORCE.

       (a) In General.--Except as provided in subsection (b), 
     beginning on the date that is 30 days after the date of the 
     enactment of this Act, the President shall prohibit the 
     issuance of licenses to export covered munitions items to the 
     Hong Kong Police Force.
       (b) Exceptions.--The prohibition set forth in 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 notice--
       (1) certifying that the exports to be covered by such 
     license are important to the national interests and foreign 
     policy goals of the United States; and
       (2) describing the manner in which such exports will 
     promote such interests and goals.

     SEC. 3. SUNSET.

       The prohibition under section 2 shall expire one year after 
     the date of the enactment of this Act.

  The PRESIDING OFFICER. The Senator from Texas.

                          ____________________