[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2386 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2386

To impose sanctions with respect to surveillance in the Xinjiang Uygur 
  Autonomous Region of the People's Republic of China, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2019

  Mr. Cruz (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To impose sanctions with respect to surveillance in the Xinjiang Uygur 
  Autonomous Region of the People's Republic of China, 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 ``Targeting Invasive Autocratic 
Networks, And Necessary Mandatory Export Notifications Act of 2019'' or 
the ``TIANANMEN Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (2) Entity list.--The term ``entity list'' means the entity 
        list maintained by the Bureau of Industry and Security and set 
        forth in Supplement No. 4 to part 744 of the Export 
        Administration Regulations.
            (3) Export administration regulations.--The term ``Export 
        Administration Regulations'' means subchapter C of chapter VII 
        of title 15, Code of Federal Regulations.
            (4) Foreign entity.--The term ``foreign entity'' means any 
        entity that is not a United States entity.
            (5) Issuer; security.--The terms ``issuer'' and 
        ``security'' have the meanings given those terms in section 
        3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
            (6) National securities exchange.--The term ``national 
        securities exchange'' means an exchange that is registered as a 
        national securities exchange under section 6 of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78f).
            (7) Surveillance.--The term ``surveillance'' means the 
        tracking of individuals and the analysis of their behaviors.
            (8) Surveillance technology.--The term ``surveillance 
        technology'' means goods and services, including software and 
        hardware, that enable or facilitate surveillance, including 
        video and imaging technology, facial recognition software, 
        artificial intelligence, genetic engineering technology, Global 
        Positioning System navigation technology, and data analytics.
            (9) United states entity.--The term ``United States 
        entity'' means an entity organized under the laws of the United 
        States or any jurisdiction within the United States.
            (10) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence; 
                or
                    (B) a United States entity.

SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN ENTITIES THAT 
              FACILITATE SURVEILLANCE IN XINJIANG.

    (a) In General.--The President shall impose the sanctions described 
in subsection (c) with respect to each foreign entity on the list 
required by subsection (b).
    (b) List Required.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and every 180 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a list of foreign entities that the President 
        determines, on or after such date of enactment, provide to the 
        Government of the People's Republic of China surveillance 
        technology that is used by that Government to conduct 
        surveillance in the Xinjiang Uygur Autonomous Region of the 
        People's Republic of China.
            (2) Consideration of certain entities.--
                    (A) In general.--Before submitting each list 
                required by paragraph (1), the President shall--
                            (i) make a determination with respect to 
                        whether to include each entity specified in 
                        subparagraph (B) on the list; and
                            (ii) submit each such determination to the 
                        appropriate congressional committees with the 
                        list.
                    (B) Entities specified.--The entities specified in 
                this subparagraph are the following:
                            (i) Beijing Wanlihong Technology Co., Ltd.
                            (ii) China Communications Services Co., 
                        Ltd.
                            (iii) China Electronics Technology Group 
                        Corporation.
                            (iv) CloudWalk Technology Co., Ltd.
                            (v) Dahua Technology Co., Ltd.
                            (vi) Hangzhou Hikvision Digital Technology 
                        Co., Ltd.
                            (vii) Hebei Far East Communication System 
                        Engineering Co., Ltd.
                            (viii) iFlyTek Co., Ltd.
                            (ix) Megvii Technology Ltd.
                            (x) SenseTime.
                            (xi) Shanghai Yitu Technology Co., Ltd.
                            (xii) Xiamen Meiya Pico Information Co., 
                        Ltd.
    (c) Sanctions.--The sanctions described in this subsection are the 
following:
            (1) Export controls.--The Secretary of Commerce shall 
        include each entity on the list required by subsection (b) on 
        the entity list.
            (2) Blocking of property.--The President shall block and 
        prohibit, in accordance with the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions 
        in all property and interests in property of an entity on the 
        list required by subsection (b), or any corporate officer or 
        primary shareholder of such an entity, if such property and 
        interests in property are in the United States, come within the 
        United States, or are or come within the possession or control 
        of a United States person.
    (d) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (c) or any regulation, license, or order issued to 
        carry out that subsection shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.

SEC. 4. IDENTIFICATION OF UNITED STATES ENTITIES THAT CONDUCT 
              TRANSACTIONS THAT FACILITATE SURVEILLANCE IN XINJIANG.

    (a) Identification.--Not later than 90 days after the date of the 
enactment of this Act, and every 180 days thereafter, the President 
shall submit to the appropriate congressional committees a list of 
United States entities that, on or after such date of enactment, 
conduct a transaction with, or transfer goods to, a foreign entity on 
the list required by section 3(a).
    (b) Disclosures to Securities and Exchange Commission.--A United 
States entity included on the list required by subsection (a) that is 
an issuer of securities that are listed on a national securities 
exchange shall disclose any transactions or transfers described in 
subsection (a) in which the entity engaged in the first report required 
to be filed with the Securities and Exchange Commission by section 
13(a)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)(2)) 
after the identification of the entity under subsection (a).

SEC. 5. CONTINUATION IN EFFECT OF EXPORT CONTROLS WITH RESPECT TO 
              HUAWEI TECHNOLOGIES CO. LTD.

    The Secretary of Commerce may not remove Huawei Technologies Co. 
Ltd., and its subsidiaries and affiliates, from the entity list until 
the President certifies to the appropriate congressional committees 
that Huawei Technologies Co. Ltd.--
            (1) is not involved in activities that are contrary to the 
        national security or foreign policy interests of the United 
        States; and
            (2) does not conduct or facilitate surveillance in the 
        Xinjiang Uygur Autonomous Region of the People's Republic of 
        China by the Government of the People's Republic of China.
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