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

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4270

To prohibit commercial exports of certain nonlethal crowd control items 
    and defense articles and services to the Hong Kong Disciplined 
                   Services, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2019

  Mr. McGovern (for himself, Mr. Smith of New Jersey, and Mr. Khanna) 
 introduced the following bill; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
To prohibit commercial exports of certain nonlethal crowd control items 
    and defense articles and services to the Hong Kong Disciplined 
                   Services, 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 AND STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) During the 2019 anti-extradition bill and pro-democracy 
        protests, the Hong Kong Police Force used non-lethal crowd 
        control articles such as water cannon trucks, tear gas, rubber 
        bullets, sponge grenades, beanbag rounds, batons, pepper spray, 
        pepper balls, and projectile launchers.
            (2) The United Nations High Commissioner for Human Rights, 
        along with human rights organizations, have 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.
            (3) United States companies received export licenses to 
        sell the Hong Kong Police Force munitions and non-lethal crowd 
        control defense articles and services and at least some of 
        those articles were used by the police unnecessarily and 
        disproportionately during largely peaceful demonstrations.
            (4) The Government of the United Kingdom suspended export 
        licenses for the sale of tear gas and other non-lethal crowd 
        control equipment to Hong Kong until concerns about human 
        rights abuses are addressed by the Hong Kong Special 
        Administrative Region government.
            (5) The European Parliament adopted a resolution calling on 
        European governments and the international community to impose 
        export-control mechanisms to deny the Hong Kong and Chinese 
        governments access to technologies used to violate basic 
        rights.
            (6) 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.
    (b) 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 country 
        the government of which engages in a consistent pattern of 
        gross violations of internationally recognized human rights as 
        required by 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. 3. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE ARTICLES 
              AND SERVICES AND COVERED MUNITIONS ITEMS TO THE HONG KONG 
              DISCIPLINED SERVICES.

    (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 
defense articles and services and covered munitions items to the Hong 
Kong Disciplined Services.
    (b) Exception.--The prohibition in subsection (a) shall not take 
effect if--
            (1) the President certifies to the appropriate 
        congressional committees before the date specified in such 
        subsection (a) that--
                    (A) extraordinary circumstances exist that 
                necessitate the continuation of the export of covered 
                defense articles and services and covered munitions 
                items to the Hong Kong Disciplined Services and 
                includes a description of such circumstances; or
                    (B) exports of covered defense articles and 
                services and covered munitions items to parts of the 
                Hong Kong Disciplined Services other than the Hong Kong 
                Police Force are required to advance United States 
                foreign policy goals and includes--
                            (i) a description of the articles, 
                        services, and items; and
                            (ii) the number of articles, services, and 
                        items required to meet such goals; or
            (2) the President has issued an Executive order under 
        section 202 of the United States-Hong Kong Policy Act of 1992 
        (22 U.S.C. 5722) before the date specified in such subsection 
        (a) suspending the application of section 201(a) of such Act to 
        any United States law related to the sale of covered defense 
        articles and services and covered munitions items to the Hong 
        Kong Disciplined Services.

SEC. 4. REPORT ON COVERED DEFENSE ARTICLES AND SERVICES AND COVERED 
              MUNITIONS ITEMS EXPORTED TO THE HONG KONG DISCIPLINED 
              SERVICES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Commerce and the heads of other relevant Federal 
departments and agencies, shall 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 Disciplined Services during the five-year 
period ending on such date of enactment.
    (b) Form.--The report required by subsection (a) shall be--
            (1) submitted in unclassified form; and
            (2) submitted as either a separate written report or as an 
        annex to testimony offered by Department of State officials 
        before one or more of the appropriate congressional committees.

SEC. 5. 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; and
                    (B) the Committee on Foreign Relations 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 disciplined services.--The term ``Hong Kong 
        Disciplined Services'' means--
                    (A) the Hong Kong Police Force;
                    (B) the Hong Kong Auxiliary Police Force;
                    (C) the Hong Kong Immigration Department;
                    (D) the Hong Kong Customs and Excise Department;
                    (E) the Hong Kong Fire Services Department;
                    (F) the Hong Kong Correctional Services Department; 
                and
                    (G) the Hong Kong Government Flying Service.
                                 <all>
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