[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2972 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2972
To restrict the export, reexport, and in-country transfers of certain
items that provide a critical capability to the Government of the
People's Republic of China to suppress individual privacy, freedom, and
other basic human rights.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2019
Mr. Cornyn (for himself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To restrict the export, reexport, and in-country transfers of certain
items that provide a critical capability to the Government of the
People's Republic of China to suppress individual privacy, freedom, and
other basic human rights.
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 ``Uighur Intervention and Global
Humanitarian Unified Response and Protection Act of 2019'' or the
``UIGHUR Protection Act of 2019''.
SEC. 2. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS OF
CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO SUPPRESS
INDIVIDUAL PRIVACY, FREEDOM, AND OTHER BASIC HUMAN
RIGHTS.
(a) Statement of Policy.--It is the policy of the United States to
protect the basic human rights of Uighurs and other ethnic minorities
in the People's Republic of China.
(b) List of Covered Items.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and as appropriate thereafter, the
President--
(A) shall identify those items that provide a
critical capability to the Government of the People's
Republic of China, or any person acting on behalf of
such Government, to suppress individual privacy,
freedom of movement, and other basic human rights,
specifically through--
(i) surveillance, interception, and
restriction of communications;
(ii) monitoring of individual location or
movement or restricting individual movement;
(iii) monitoring or restricting access to
and use of the internet;
(iv) monitoring or restricting use of
social media;
(v) identification of individuals through
facial recognition, voice recognition, or
biometric indicators;
(vi) detention of individuals who are
exercising basic human rights; and
(vii) forced labor in manufacturing; and
(B) shall, pursuant to the Export Control Reform
Act of 2018 (50 U.S.C. 4801 et seq.), include items
identified pursuant to subparagraph (A) on the Commerce
Control List in a category separate from other items,
as appropriate, on the Commerce Control List.
(2) Support and cooperation.--Upon request, the head of a
Federal agency shall provide full support and cooperation to
the President in carrying out this subsection.
(3) Consultation.--In carrying out this subsection, the
President shall consult with the relevant technical advisory
committees of the Department of Commerce to ensure that the
composition of items identified under paragraph (1)(A) and
included on the Commerce Control List under paragraph (1)(B)
does not unnecessarily restrict commerce between the United
States and the People's Republic of China, consistent with the
purposes of this section.
(c) Special License or Other Authorization.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, the President shall,
pursuant to the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.), require a license or other authorization for the
export, reexport, or in-country transfer to or within the
People's Republic of China of an item identified pursuant to
subsection (b)(1)(A) and included on the Commerce Control List
pursuant to subsection (b)(1)(B).
(2) Presumption of denial.--An application for a license or
other authorization described in paragraph (1) shall be subject
to a presumption of denial.
(3) Public notice and comment.--The President shall provide
for notice and public comment with respect actions necessary to
carry out this subsection.
(d) International Coordination and Multilateral Controls.--It shall
be the policy of the United States to seek to harmonize United States
export control regulations with international export control regimes
with respect to the items identified pursuant to subsection (b)(1)(A),
including through the Wassenaar Arrangement and other bilateral and
multilateral mechanisms involving countries that export such items.
(e) Termination of Suspension of Certain Other Programs and
Activities.--Section 902(b)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151
note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``and China's Xinjiang Uighur Autonomous Region'' after
``Tibet'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking ``or'' after the
semicolon and inserting ``and''; and
(4) by adding at the end the following new subparagraph:
``(F) the ending of the mass internment of ethnic
Uighurs and other Turkic Muslims in the Xinjiang Uighur
Autonomous Region, including the intrusive system of
high-tech surveillance and policing in the region;
or''.
(f) Definitions.--In this section:
(1) Commerce control list.--The term ``Commerce Control
List'' means the list set forth in Supplement No. 1 to part 774
of the Export Administration Regulations under subchapter C of
chapter VII of title 15, Code of Federal Regulations.
(2) Export, in-country transfer, item, and reexport.--The
terms ``export'', ``in-country transfer'', ``item'', and
``reexport'' have the meanings given such terms in section 1742
of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
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