[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1025 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1025
To counter the mass arbitrary detention of Turkic Muslims, including
Uighurs, within the Xinjiang Uighur Autonomous Region of the People's
Republic of China, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2019
Mr. Sherman (for himself, Mr. Yoho, Mr. Connolly, Mrs. Wagner, Mr.
McGovern, Mr. Wittman, Mr. Hastings, Mr. Cohen, Mr. Lynch, and Ms.
Wexton) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Oversight and Reform, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To counter the mass arbitrary detention of Turkic Muslims, including
Uighurs, within the Xinjiang Uighur 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 ``Uighur Intervention and Global
Humanitarian Unified Response Act of 2019'' or the ``UIGHUR Act of
2019''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) The continued commitment of the United States to the
international promotion of fundamental rights and freedoms is
critical to global stability and the security and prosperity of
the American people.
(2) The relationship between the United States and the
People's Republic of China is of immense geopolitical and
economic importance, and it is imperative that bilateral
engagement encompass the full spectrum of contested issues,
including human rights matters such as freedom of speech and
freedom of religion.
(3) The United Nations Committee on the Elimination of
Racial Discrimination has cited estimates that approximately
1,000,000 ethnic or religious minorities within the Xinjiang
Uighur Autonomous Region of the People's Republic of China are
currently being arbitrarily detained in ``political re-
education camps'', including members of the Uighur, Kazakh,
Kyrgyz, and Tartar communities, among others.
(4) The mass arbitrary detention of persons on the basis of
their religious or ethnic background, without due process of
law or individualized credible allegations of wrongdoing
against each detained individual, is not a credible or
effective counterterrorism strategy and constitutes a severe
violation of international norms and standards.
(5) Turkic Muslims within the Xinjiang Uighur Autonomous
Region, and elsewhere within the People's Republic of China and
globally, have further been subjected to discriminatory
policies and practices that seek to limit or otherwise restrict
their exercise of universal rights.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) oppose the mass arbitrary detention of Turkic Muslims
within the People's Republic of China on the basis of their
religion, ethnicity, or actual or perceived political views and
without due process protections;
(2) support efforts to combat governmental discrimination
against ethnic minorities within the People's Republic of
China, including against policies which seek to suppress or
otherwise constrain the religious, cultural, or linguistic
practices of Turkic Muslim communities or to limit the ability
of members of such communities to travel domestically or
internationally;
(3) hold senior regional officials in the Xinjiang Uighur
Autonomous Region of the People's Republic of China accountable
for gross human rights violations within the Xinjiang Uighur
Autonomous Region, including through the application of United
States sanctions authorities, and voice concerns regarding such
violations in interactions with the Government of the People's
Republic of China;
(4) seek the immediate cessation of all efforts by the
Government of the People's Republic of China to intimidate,
harass, or intrusively surveil members of the Chinese diaspora
community, including Turkic Muslims, present within the United
States;
(5) pursue a lifting of all improper restrictions upon
journalists, nongovernmental organizations, and American
officials operating within, or seeking to operate within, the
Xinjiang Uighur Autonomous Region;
(6) recognize that the actions of the Government of the
People's Republic of China in the Xinjiang Uighur Autonomous
Region are inherently linked with its One Belt One Road
Initiative, as well as its Strike Hard Campaign; and
(7) engage all appropriate instruments of United States
influence to combat gross violations of human rights in the
Xinjiang Uighur Autonomous Region, penalize entities and
persons that facilitate such violations within the Xinjiang
Uighur Autonomous Region, including the mass arbitrary
detention of Turkic Muslims, and deter policies or activities
of the People's Republic of China, or agents thereof, that seek
to constrain the freedom of speech or religion of members of
Turkic Muslim communities globally.
SEC. 3. POLITICAL RE-EDUCATION AND MASS ARBITRARY DETENTION.
(a) Advocacy With Chinese Authorities.--The Secretary of State, in
meetings with representatives of the Government of the People's
Republic of China, should urge--
(1) the release of all persons detained in the Xinjiang
Uighur Autonomous Region of the People's Republic of China on
the basis of their religion, ethnicity, or actual or perceived
political views;
(2) an end to the practice of ``political re-education'' or
mass arbitrary detention practices derivative thereof; and
(3) the immediate cessation of all governmental actions
that discriminately deprive members of Turkic Muslim
communities, including the Uighur community, of fundamental
rights, such as freedom of expression, freedom of religion, and
freedom of movement, including with respect to domestic or
international travel.
(b) Documentation Study and Report.--
(1) Study.--The Secretary of State, in coordination with
the heads of other relevant Federal agencies, shall conduct a
study to document the mass arbitrary detainment of Turkic
Muslims in the Xinjiang Uighur Autonomous Region of the
People's Republic of China. Such study shall, at a minimum,
include geographic information regarding the location of
suspected detainment facilities, estimates of the number of
people detained in such facilities, a timeline of escalatory
discrimination against Turkic Muslims, detailed information
regarding the refoulement of Turkic Muslims to the People's
Republic of China, and, to the maximum extent practicable,
information derived from interviews with former detainees of
such facilities, including with respect to conditions in
detention facilities.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall prepare and
make available to the public a report that contains the results
of the study conducted under paragraph (1).
SEC. 4. INTERNATIONAL ADVOCACY.
(a) Advocacy at the United Nations.--The President should instruct
representatives of the United States at the United Nations to use the
voice and vote of the United States to condemn the mass arbitrary
detainment of Turkic Muslims within the Xinjiang Uighur Autonomous
Region of the People's Republic of China, and to encourage United
Nations Member States to similarly condemn and advocate against such
activities.
(b) Advocacy in Central Asia.--The Secretary of State, in meetings
with representatives of relevant governments of Central Asian
countries, should urge such governments to provide appropriate
assistance, including assurances of safety, to Turkic Muslims from the
Xinjiang Uighur Autonomous Region of the People's Republic of China
residing in the respective territories of such countries.
(c) Additional International Advocacy.--The Secretary of State, in
appropriate meetings with representatives of foreign governments,
particularly those affiliated with countries that participate in the
Organisation of Islamic Cooperation, should urge such governments to
raise the issue of human rights in the Xinjiang Uighur Autonomous
Region in their respective interactions with officials of the People's
Republic of China.
(d) Advocacy Against Refoulement.--The Secretary of State, in
appropriate meetings with representatives of foreign governments
identified in the report required under subsection (g) of section 302
of the U.S.-China Relations Act of 2000 (Public Law 106-286; 22 U.S.C.
6912), pursuant to the information required under paragraph (3)(B) of
subsection (h) of such section (as added by section 14 of this Act),
describing those countries that have refouled Turkic Muslims to the
People's Republic of China, should urge such governments to not
repatriate or extradite Turkic Muslims to the People's Republic of
China when such persons may be subject to gross violations of basic
human rights, including mass arbitrary detention, or on the basis of
conduct or associations which would not constitute offenses under
United States law or regulation.
SEC. 5. APPLICATION OF GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY
ACT.
(a) Sense of Congress.--It is the sense of Congress that the
President should consider imposing sanctions under the Global Magnitsky
Human Rights Accountability Act (subtitle F of title XII of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 22 U.S.C. 2656 note)) against senior regional officials in the
Xinjiang Uighur Autonomous Region responsible for facilitating the mass
arbitrary detention of Turkic Muslims within such region, until such
time as such senior regional officials cease to participate in such
activities.
(b) Public Statement.--Not later than 180 days after the date of
the enactment of this Act, the President shall release a public
statement, to be made available prominently on the website of the White
House or an appropriate Federal agency, regarding any sanctions against
senior regional officials in the Xinjiang Uighur Autonomous Region.
(c) Report.--
(1) In general.--In the event sanctions have not been
imposed against senior regional officials in the Xinjiang
Uighur Autonomous Region by the date that is 180 days after the
date of the enactment of this Act, the President shall transmit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate and make available to the public a report detailing the
deliberations underlying the determinations of the President to
not impose such sanctions.
(2) Form.--Any report required under paragraph (1) shall be
transmitted in unclassified form but may contain a classified
annex.
SEC. 6. RESTRICTIONS ON FEDERAL PROCUREMENT.
(a) Foreign Prohibition.--Except as provided in subsection (d), the
head of an executive agency may not enter into or renew a contract, on
or after the date that is one year after the date of the enactment of
this Act, for the procurement of goods or services with a foreign
person who at any time within the preceding three years substantially
facilitated or provided substantial knowing assistance, as determined
by such head in accordance with subsection (c), with respect to the
mass arbitrary detainment of Turkic Muslims within the Xinjiang Uighur
Autonomous Region of the People's Republic of China on the basis of
associations or conduct which would not constitute offenses under
United States law or regulation.
(b) Domestic Consideration.--Except as provided in subsection (d),
the head of an executive agency shall, before entering into or renewing
a contract, on or after the date that is one year after the date of the
enactment of this Act, for the procurement of goods or services with a
United States person who at any time within the preceding three years
substantially facilitated or provided substantial knowing assistance,
as determined by such head in accordance with subsection (c), with
respect to the mass arbitrary detainment of Turkic Muslims within the
Xinjiang Uighur Autonomous Region of the People's Republic of China on
the basis of associations or conduct which would not constitute
offenses under United States law or regulation, take into consideration
such facilitation or assistance (as the case may be), provide adverse
consideration to such proposed contract, and, to the extent
practicable, assess the availability of such goods or services from
alternative United States persons.
(c) Procedure.--In making the determinations and assessments
required under subsections (a) and (b), as the case may be, the head of
the executive agency at issue shall, except in the case of contracts
for the procurement of routine goods or services in support of United
States Government activities or operations within the People's Republic
of China or any Special Administrative Region thereof, consult with the
Secretary of Commerce, unless such agency has independently determined
the contract to be entered into or renewed would be denied as a result
of being entered into or renewed with a--
(1) foreign person domiciled or having its principal place
of business within the People's Republic of China, or United
States person such agency has reasonable grounds to believe is
a corporate affiliate thereof;
(2) foreign or United States person with respect to whom
such agency has reasonable grounds to believe the prohibitions
or requirements under subsections (a) or (b), as the case may
be, likely apply; or
(3) foreign person whom the Committee on Foreign Affairs of
the House of Representatives or the Committee on Foreign
Relations of the Senate, or any Member thereof, identifies in a
written communication to such agency is likely subject to the
prohibitions or requirements under subsections (a) or (b), as
the case may be.
(d) Waiver.--The President is authorized, upon 30 days prior
written notification to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the
Senate, to waive the prohibitions and requirements under subsections
(a) and (b), as the case may be, with respect to a person if the
President determines that such prohibition or requirement, as the case
may be, would negatively impact the national security or national
interests of the United States.
(e) Annual Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and annually thereafter for a period
of five years or until such time as the President certifies in
writing to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the mass arbitrary detainment of Turkic Muslims
within the Xinjiang Uighur Autonomous Region has ceased, the
President shall transmit to such committees a report that
identifies each foreign person the President has determined is
described in the prohibition under subsection (a) or each
United States person that has been denied a contract subject to
the adverse consideration provided for under subsection (b)
and, in addition, an identification of each foreign person and
United States person with respect to whom the President has
authorized a waiver under subsection (d).
(2) Form.--Each report required under paragraph (1) shall
be transmitted in unclassified form but may contain a
classified annex.
(f) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41, United
States Code, other than any element described in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(2) Foreign person.--The term ``foreign person'' means any
person, including any corporation, partnership, or other
organization, that is not a United States person.
(3) United states person.--The term ``United States
person'' means any United States citizen or alien admitted for
permanent residence in the United States, and any corporation,
partnership, or other organization organized under the laws of
the United States or of any State or United States territory.
SEC. 7. EXPORT CONTROL RESTRICTIONS.
(a) In General.--Paragraph (1) of section 902(b) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law
101-246; 22 U.S.C. 2151 note) is amended, in the matter preceding
subparagraph (A), by inserting ``and, in the case of any report issued
on or after the date of the enactment of the Uighur Intervention and
Global Humanitarian Unified Response Act of 2018, the Xinjiang Uighur
Autonomous Region'' after ``Tibet''.
(b) Data Analysis and Biometric Technologies.--
(1) In general.--The Secretary of Commerce shall deny any
application for a license under part I of subtitle B of title
XVII of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2209; 50
U.S.C. 4811 et seq.) for export to the People's Republic of
China, including any Special Administrative Region thereof, of
any machine learning, pattern recognition, artificial
intelligence, quantum computing, or biometric technology unless
the applicant provides a sworn affirmative written
certification that such technology will not knowingly be used
by such applicant or any affiliate of such applicant, or
knowingly sold or otherwise provided to any third party, to
facilitate the mass arbitrary detention of Turkic Muslims in
the People's Republic of China on the basis of associations or
conduct which would not constitute offenses under United States
law or regulation or to otherwise further conduct described in
any regulation promulgated pursuant to paragraph (2)(A).
(2) Designation of additional conduct and technologies.--
The Secretary of Commerce may prescribe regulations applying
the prohibitions and requirements described in paragraph (1) to
additional categories of--
(A) conduct directly relating to pervasive human
rights violations targeted against Turkic Muslims in
the People's Republic of China; or
(B) advanced technology determined by the Secretary
to be substantially derivative of the technologies
described in paragraph (1).
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed to require or endorse the issuance of a
license for export to any applicant with respect to any of the
technologies described in paragraph (1) irrespective of such
applicant's provision of an affirmative written certification
described in paragraph (1).
(c) Entity List.--Not later than one year after the date of the
enactment of this Act, the Secretary of Commerce shall, in consultation
with other relevant Federal officials, promulgate regulations providing
for end-user restrictions on any element of the Ministry of Public
Security of the People's Republic of China, or entity acting on its
behalf, which is located in the Xinjiang Uighur Autonomous Region and
is determined to substantially facilitate the mass arbitrary detention
of Turkic Muslims in the People's Republic of China on the basis of
associations or conduct that would not constitute offenses under United
States law or regulation.
SEC. 8. DISCLOSURE OF TRANSACTIONS INVOLVING XINJIANG AUTHORITIES.
(a) In General.--The Secretary of Commerce shall require any person
seeking any license under part I of subtitle B of title XVII of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232 Stat. 2209; 50 U.S.C. 4811 et seq.) to provide,
prior to the issuance of any license for export to the People's
Republic of China, including any Special Administrative Region thereof,
to the Secretary either--
(1) a sworn written declaration listing all sales or
transfers of products or services within the prior three years
to any law enforcement, public safety, or state security
agency, or provider of law enforcement, public safety, or state
security services to any such agency, located within the
Xinjiang Uighur Autonomous Region of the People's Republic of
China, irrespective of whether such products or services are
subject to export control restrictions, which shall contain an
annex specifically identifying any such sales or transfers
which the applicant knows furthered or advanced the mass
arbitrary detention or targeted surveillance of Turkic Muslims
within the Xinjiang Uighur Autonomous Region of the People's
Republic of China; or
(2) a certification describing that such person has not
knowingly engaged in any sales or transfers of products or
services within the prior three years to any law enforcement,
public safety, or state security agency, or provider of law
enforcement, public safety, or state security services to any
such agency, located within the Xinjiang Uighur Autonomous
Region of the People's Republic of China, irrespective of
whether such products or services are subject to export control
restrictions.
(b) Waiver.--The Secretary of Commerce may waive or limit the
requirement under subsection (a) if--
(1) the Secretary provides a written certification to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate that the
People's Republic of China has ceased to detain or discriminate
as a matter of policy against Turkic Muslims within the
Xinjiang Uighur Autonomous Region on the basis of their
religion, ethnicity, or actual or perceived political views;
(2) the Secretary determines, on a case-by-case basis, that
the application of subsection (a) to any particular person
would be impracticable and the applicant for issuance of a
license under part I of subtitle B of title XVII of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
commits in writing to submit to the Secretary of Commerce
written records of any subsequent or pending sale or transfer
that would have been required to be declared under subsection
(a) absent a finding of impracticability that occurs within
three years of the date of issuance of the requested license
within 30 days of the instigation of any such subsequent or
pending sale of transfer; or
(3) the Secretary determines, on a case-by-case basis, and
provides a written certification to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate that the application of
subsection (a) to any particular person with respect to a
specific transaction would negatively impact the national
security of the United States.
(c) Congressional Reporting.--On not less than an annual basis, the
Secretary of Commerce shall provide to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate any declarations provided to the Secretary under
subsection (a)(1) which contain information which demonstrates a person
has engaged in transactions which likely contributed to the mass
arbitrary detention or targeted surveillance of Turkic Muslims within
the Xinjiang Uighur Autonomous Region of the People's Republic of
China.
(d) Further Disclosure.--Notwithstanding clause (ii) of section
1761(h)(2)(B) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, a committee or subcommittee of Congress of
appropriate jurisdiction may disclose any information made available
under clause (i) of such section that relates to any declaration
provided to the Secretary of Commerce under subsection (a)(1) if such
information--
(1) is redacted to only include information which
demonstrates a person has engaged in transactions which likely
contributed to the mass arbitrary detention or targeted
surveillance of Turkic Muslims within the Xinjiang Uighur
Autonomous Region of the People's Republic of China; and
(2) does not contain any technical plans or other technical
data consisting of nonpublic proprietary information of the
applicant.
SEC. 9. PROTECTION OF JOURNALISTS AND NONGOVERNMENTAL ORGANIZATIONS.
(a) Statement of Policy.--It is the policy of the United States
to--
(1) engage all appropriate instruments of United States
influence to seek the release of United States citizens and
aliens lawfully admitted for permanent residence in the United
States and personnel of United States-based nongovernmental
organizations or journalistic enterprises, including Radio Free
Asia, and family members thereof, detained by the People's
Republic of China as a result of journalistic, religious,
academic, economic, or peaceful advocacy activities undertaken
within or regarding the Xinjiang Uighur Autonomous Region of
the People's Republic of China that would be lawful if
undertaken in the United States;
(2) protest any inappropriate restrictions imposed upon
United States persons serving as journalists or employees of
nongovernmental organizations, journalists or employees
affiliated with news publications or nongovernmental
organizations based in the United States, or United States
officials with respect to travel to or within the People's
Republic of China, including to or within the Xinjiang Uighur
Autonomous Region; and
(3) make relevant United States officials, including
officials of the Department of State, reasonably available to
such family members, publications, or organizations impacted by
such detentions or restrictions within the Xinjiang Uighur
Autonomous Region for purposes of discussing the detention of
or restrictions placed upon their respective family members,
publications, or organizations by the People's Republic of
China and the efforts of the United States to address such
detentions or restrictions.
(b) Reporting Requirement.--The Foreign Assistance Act of 1961 is
amended--
(1) in paragraph (12) of section 116(d) (22 U.S.C.
2151n(d))--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) in countries in which United States persons
serving as journalists or employees of nongovernmental
organizations, or journalists or employees affiliated
with news publications or nongovernmental organizations
based in the United States, or family members thereof,
have been detained, an assessment of--
``(i) whether such detentions are likely
intended to chill or otherwise restrict free
speech or advocacy activities; and
``(ii) the extent to which the United
States has taken or will take action to
encourage an end to such detentions.''; and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i),
(relating to child marriage, as added by section
1207(b)(2) of the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4)), as
subsection (j); and
(B) in subsection (i) (relating to the status of
freedom of the press in certain countries)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(4) in countries in which United States persons serving
as journalists or employees of nongovernmental organizations,
or journalists or employees affiliated with news publications
or nongovernmental organizations based in the United States, or
family members thereof, have been detained, an assessment of--
``(A) whether such detentions are likely intended
to chill or otherwise restrict free speech or advocacy
activities; and
``(B) the extent to which the United States has
taken or will take action to encourage an end to such
detentions.''.
SEC. 10. PUBLIC DIPLOMACY AND CENSORSHIP.
(a) Radio Free Asia.--It is the sense of Congress that the United
States should--
(1) take measures, both technical and diplomatic, to
overcome the jamming of Radio Free Asia in the Xinjiang Uighur
Autonomous Region by the Government of the People's Republic of
China; and
(2) expand the availability of and capacity for Uighur
language Radio Free Asia programming in the Xinjiang Uighur
Autonomous Region.
(b) United States Agency for Global Media.--It is the sense of
Congress that the United States Agency for Global Media (formerly known
as the Broadcasting Board of Governors) should--
(1) applaud reporters of entities affiliated with the
Agency who, in their independent journalistic discretion,
pursue reporting relating to human rights issues in the
Xinjiang Uighur Autonomous Region of the People's Republic of
China; and
(2) recognize the importance of widely distributing news
content regarding human rights issues in the Xinjiang Uighur
Autonomous Region of the People's Republic of China,
particularly within the Middle East, North Africa, Central
Asia, South Asia, and Southeast Asia, consistent with the
Agency's independent editorial discretion.
(c) Internet Censorship.--
(1) Sense of congress.--It is the sense of Congress that
internet filtering and censorship, as undertaken by the
People's Republic of China through the Great Firewall and
related technical means, is an infringement upon the universal
right to free speech, a violation of the Chinese people's right
to access information, and a trade barrier against United
States technology enterprises.
(2) Legal strategy against censorship practices.--Not later
than one year after the date of the enactment of this Act, the
President shall, in consultation with the Office of the Legal
Advisor of the Department of State and the general counsel
offices of such other Federal elements as the President
determines appropriate, transmit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a strategy to contest the
legality under international law of the internet censorship
practices of the Government of the People's Republic of China,
including within the Xinjiang Uighur Autonomous Region,
including details regarding measures the United States could
undertake in international forums to contest such practices.
SEC. 11. PRESERVATION AND PROMOTION OF THE UIGHUR LANGUAGE.
(a) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) oppose efforts by the People's Republic of China to
restrict usage of local languages within the Xinjiang Uighur
Autonomous Region of the People's Republic of China, including
the Uighur language, including bans on such usage in
educational facilities attended by members of Turkic Muslim
communities;
(2) support efforts to preserve the Uighur language; and
(3) expand opportunities for the people of the United
States to gain exposure to and expertise in the Uighur
language.
(b) Uighur Language Training.--The Secretary of State shall
endeavor, to the maximum extent practicable, to make Uighur language
training available to Foreign Service officers and other relevant
United States Government personnel employed by or affiliated with the
Department of State with portfolios involving the Xinjiang Uighur
Autonomous Region of the People's Republic of China.
(c) Uighur Language Visa Services.--The Secretary of State shall
ensure that--
(1) at a minimum, either the United States diplomatic
facility closest in proximity to the Xinjiang Uighur Autonomous
Region of the People's Republic of China or the embassy in
Beijing has the capability and capacity to process visa
applications and provide related immigration or travel services
in the Uighur language; and
(2) to the extent practicable, United States forms for visa
applications or related immigration or travel services
frequently utilized by members of the Uighur community be made
available in the Uighur language.
(d) Uighur Language Website.--The Secretary of State shall--
(1) establish a website in the Uighur language, either
affiliated with the United States diplomatic facility closest
in proximity to the Xinjiang Uighur Autonomous Region of the
People's Republic of China or the embassy in Beijing;
(2) endeavor to ensure such website contains key documents,
press releases, and other such materials determined to be
uniquely relevant to Turkic Muslim communities within the
People's Republic of China; and
(3) to the extent practicable, take technological measures
to protect against the blocking or censorship of such website.
SEC. 12. PROTECTIONS FOR DIASPORA.
(a) Sense of Congress.--It is the sense of Congress that the United
States should forcefully oppose and protest all unlawful efforts by the
Government of the People's Republic of China to censor, monitor, or
otherwise exert pressure against Turkic Muslims present within the
United States, as well as all other persons present within the United
States.
(b) Mechanism for Reporting Incidents.--The Secretary of State
shall--
(1) not later than one year after the date of the enactment
of this Act, establish a website for the confidential reporting
of harassment or surveillance by representatives or agents of
the Government of the People's Republic of China within the
United States or against United States persons located abroad;
(2) take technical measures to ensure reports submitted
over such website are encrypted and that, to the maximum extent
practicable, the identifying information of those individuals
who submit such reports remains confidential;
(3) endeavor to publicize the availability of such website
to individuals and personnel who are not subject to any
mandatory foreign contact reporting requirements, including to
individuals on college campuses, including international
student groups, college administrators, and campus public
safety personnel, and to personnel of nongovernmental
organizations, policy institutes, and other similar entities,
and who are likely to be subject to harassment or surveillance
by representatives or agents of the Government of the People's
Republic of China;
(4) transmit to appropriate Federal, State, or local law
enforcement information, whether obtained through the reporting
mechanism described in paragraph (1) or otherwise obtained from
any nongovernmental source, regarding credible allegations of
unlawful harassment or surveillance, including any potential
conspiracies against rights under section 241 of title 18,
United States Code, by representatives or agents of the
Government of the People's Republic of China within the United
States, or in the event the transmittal of such information to
such law enforcement may negatively impact the national
security or national interests of the United States or such
information relates to activity outside the jurisdiction of any
such law enforcement entity, to at least one Federal element
described in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4)); and
(5) in coordination with the heads of other relevant
Federal agencies, prepare a strategy for countering harassment
or surveillance by representatives or agents of the Government
of the People's Republic of China within the United States,
including against members of Turkic Muslim communities.
(c) Educational Institution Reporting Requirement.--The President
shall promulgate and enforce regulations requiring any institution of
higher education that participates in a program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) to, in the event
such institution becomes aware of any incident of harassment or
surveillance within the United States by agents or representatives of
the Government of the People's Republic of China against persons
affiliated with such institution or otherwise occurring on its campus,
promptly report such incident to the Secretary of State, using either
the mechanism described in subsection (b) or other available means.
SEC. 13. REPORTS.
(a) Report on Advanced Technologies.--Not later than one year after
the date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Commerce and the heads of other
relevant Federal agencies, shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate and make available to the public a report--
(1) describing the nature and specifications of software or
hardware technologies, including relating to predictive
policing and large-scale data collection and analysis, used by
the Government of the People's Republic of China to enable or
otherwise facilitate mass arbitrary detentions of Turkic
Muslims in the Xinjiang Uighur Autonomous Region; and
(2) to the extent practicable, identifying the companies or
other entities that substantially participated in the design,
manufacturing, or deployment of such technologies.
(b) Report on Social Credit System.--Not later than one year after
the date of the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal agencies, shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
and make available to the public a report describing efforts of the
People's Republic of China to establish a social credit system,
including information regarding--
(1) human rights concerns and implications of such system,
including with respect to the Xinjiang Uighur Autonomous
Region;
(2) the ability of such system to harm or otherwise impact
the geopolitical or economic interests of the United States,
including the potential use of such system as a means to
disfavor persons who affiliate with the United States
Government, purchase from or establish commercial ties with
entities based within or having a substantial presence within
the United States, or engage in speech or publication
activities, including commercial speech or publication
activities, which the Government of the People's Republic of
China is reasonably likely to seek to constrain;
(3) the strategic and political considerations informing
the decision of the People's Republic of China to pursue
development of such system;
(4) the extent to which such system may make use of United
States technologies or contain personal information relating to
United States persons or entities; and
(5) such other additional matters relating to such system
that the Secretary of State determines appropriate,
particularly with respect to use and deployment in the Xinjiang
Uighur Autonomous Region of such system.
(c) Form.--The reports required by subsections (a) and (b) shall be
submitted and made available in unclassified form, but either or both
of such reports, or any separate components thereof, may contain or be
included in, as the case may be, classified annexes if such is
determined appropriate.
SEC. 14. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF
CHINA.
(a) In General.--Subsection (h) of section 302 of the U.S.-China
Relations Act of 2000 (Public Law 106-286; 22 U.S.C. 6912; relating to
the Congressional-Executive Commission on the People's Republic of
China) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) specific information regarding--
``(A) activities of the Government of the People's
Republic of China in the Xinjiang Uighur Autonomous
Region, or against Turkic Muslim communities elsewhere
in the People's Republic of China or globally, which
may constitute grounds for sanctions or other adverse
actions under United States law or regulation; and
``(B) any countries which have refouled Turkic
Muslims to the People's Republic of China.''.
(b) Effective Date.--The amendments made by subsection (a) of this
section shall take effect on the date of the enactment of this Act and
apply with respect to the first report required under subsection (g) of
section 302 of the U.S.-China Relations Act of 2000 that is issued
after such date.
SEC. 15. UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION.
(a) In General.--Paragraph (2) of section 1238(c) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398; 22 U.S.C. 7002, relating to the United States-China
Economic and Security Review Commission) is amended by adding at the
end the following new subparagraph:
``(L) The development or deployment of technologies
by the People's Republic of China that facilitate mass
arbitrary detention of ethnic or religious minorities,
the economic and security implications of such
technologies, and the use of such technologies within
the People's Republic of China, including in the
Xinjiang Uighur Autonomous Region.''.
(b) Effective Date.--The amendment made by subsection (a) of this
section shall take effect on the date of the enactment of this Act and
apply with respect to the first report required under paragraph (1) of
section 1238(c) of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 that is submitted after such date.
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