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II
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, Hous-
ing, 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 sup-
press individual privacy, freedom, and other basic human
rights.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Uighur Intervention
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and Global Humanitarian Unified Response and Protec-
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tion Act of 2019’’ or the ‘‘UIGHUR Protection Act of
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2019’’.
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•S 2972 IS
SEC. 2. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-
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COUNTRY TRANSFERS OF CERTAIN ITEMS
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THAT PROVIDE A CRITICAL CAPABILITY TO
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THE GOVERNMENT OF THE PEOPLE’S REPUB-
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LIC OF CHINA TO SUPPRESS INDIVIDUAL PRI-
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VACY, FREEDOM, AND OTHER BASIC HUMAN
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RIGHTS.
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(a) STATEMENT OF POLICY.—It is the policy of the
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United States to protect the basic human rights of
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Uighurs and other ethnic minorities in the People’s Re-
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public of China.
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(b) LIST OF COVERED ITEMS.—
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(1) IN
GENERAL.—Not later than 120 days
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after the date of the enactment of this Act, and as
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appropriate thereafter, the President—
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(A) shall identify those items that provide
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a critical capability to the Government of the
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People’s Republic of China, or any person act-
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ing on behalf of such Government, to suppress
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individual privacy, freedom of movement, and
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other basic human rights, specifically through—
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(i) surveillance, interception, and re-
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striction of communications;
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(ii) monitoring of individual location
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or movement or restricting individual
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movement;
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•S 2972 IS
(iii) monitoring or restricting access
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to and use of the internet;
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(iv) monitoring or restricting use of
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social media;
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(v)
identification
of
individuals
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through facial recognition, voice recogni-
6
tion, or biometric indicators;
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(vi) detention of individuals who are
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exercising basic human rights; and
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(vii) forced labor in manufacturing;
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and
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(B) shall, pursuant to the Export Control
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Reform Act of 2018 (50 U.S.C. 4801 et seq.),
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include items identified pursuant to subpara-
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graph (A) on the Commerce Control List in a
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category separate from other items, as appro-
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priate, on the Commerce Control List.
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(2) SUPPORT
AND
COOPERATION.—Upon re-
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quest, the head of a Federal agency shall provide
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full support and cooperation to the President in car-
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rying out this subsection.
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(3) CONSULTATION.—In carrying out this sub-
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section, the President shall consult with the relevant
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technical advisory committees of the Department of
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Commerce to ensure that the composition of items
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•S 2972 IS
identified under paragraph (1)(A) and included on
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the Commerce Control List under paragraph (1)(B)
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does not unnecessarily restrict commerce between
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the United States and the People’s Republic of
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China, consistent with the purposes of this section.
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(c) SPECIAL LICENSE OR OTHER AUTHORIZATION.—
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(1) IN
GENERAL.—Beginning not later than
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180 days after the date of the enactment of this Act,
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the President shall, pursuant to the Export Control
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Reform Act of 2018 (50 U.S.C. 4801 et seq.), re-
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quire a license or other authorization for the export,
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reexport, or in-country transfer to or within the Peo-
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ple’s Republic of China of an item identified pursu-
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ant to subsection (b)(1)(A) and included on the
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Commerce Control List pursuant to subsection
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(b)(1)(B).
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(2) PRESUMPTION OF DENIAL.—An application
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for a license or other authorization described in
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paragraph (1) shall be subject to a presumption of
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denial.
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(3) PUBLIC
NOTICE
AND
COMMENT.—The
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President shall provide for notice and public com-
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ment with respect actions necessary to carry out this
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subsection.
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•S 2972 IS
(d) INTERNATIONAL COORDINATION AND MULTILAT-
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ERAL CONTROLS.—It shall be the policy of the United
2
States to seek to harmonize United States export control
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regulations with international export control regimes with
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respect to the items identified pursuant to subsection
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(b)(1)(A), including through the Wassenaar Arrangement
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and other bilateral and multilateral mechanisms involving
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countries that export such items.
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(e) TERMINATION
OF SUSPENSION
OF CERTAIN
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OTHER PROGRAMS AND ACTIVITIES.—Section 902(b)(1)
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of the Foreign Relations Authorization Act, Fiscal Years
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1990 and 1991 (Public Law 101–246; 22 U.S.C. 2151
12
note) is amended—
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(1) in the matter preceding subparagraph (A),
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by inserting ‘‘and China’s Xinjiang Uighur Autono-
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mous Region’’ after ‘‘Tibet’’;
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(2) in subparagraph (D), by striking ‘‘and’’ at
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the end;
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(3) in subparagraph (E), by striking ‘‘or’’ after
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the semicolon and inserting ‘‘and’’; and
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(4) by adding at the end the following new sub-
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paragraph:
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‘‘(F) the ending of the mass internment of
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ethnic Uighurs and other Turkic Muslims in
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the Xinjiang Uighur Autonomous Region, in-
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•S 2972 IS
cluding the intrusive system of high-tech sur-
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veillance and policing in the region; or’’.
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(f) DEFINITIONS.—In this section:
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(1) COMMERCE
CONTROL
LIST.—The term
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‘‘Commerce Control List’’ means the list set forth in
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Supplement No. 1 to part 774 of the Export Admin-
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istration Regulations under subchapter C of chapter
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VII of title 15, Code of Federal Regulations.
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(2) EXPORT, IN-COUNTRY
TRANSFER, ITEM,
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AND REEXPORT.—The terms ‘‘export’’, ‘‘in-country
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transfer’’, ‘‘item’’, and ‘‘reexport’’ have the mean-
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ings given such terms in section 1742 of the Export
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Control Reform Act of 2018 (50 U.S.C. 4801).
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Æ
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