[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3744 Enrolled Bill (ENR)]

        S.3744

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 An Act


 
  To condemn gross human rights violations of ethnic Turkic Muslims in 
 Xinjiang, and calling for an end to arbitrary detention, torture, and 
        harassment of these communities inside and outside China.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Uyghur Human 
Rights Policy Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Updating statement of United States policy toward the People's 
          Republic of China.
Sec. 6. Imposition of sanctions.
Sec. 7. Report on human rights abuses in Xinjiang Uyghur Autonomous 
          Region.
Sec. 8. Report on protecting citizens and residents of the United States 
          from intimidation and coercion.
Sec. 9. Report on security and economic implications of repression in 
          Xinjiang Uyghur Autonomous Region by the Government of the 
          People's Republic of China.
Sec. 10. Classified report.
SEC. 2. STATEMENT OF PURPOSE.
    The purpose of this Act is to direct United States resources to 
address human rights violations and abuses, including gross violations 
of human rights, by the Government of the People's Republic of China 
through the mass surveillance and internment of over 1,000,000 Uyghurs, 
ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups in 
Xinjiang Uyghur Autonomous Region.
SEC. 3. FINDINGS.
    Congress makes the following findings:
        (1) The Government of the People's Republic of China has a long 
    history of repressing Turkic Muslims and other Muslim minority 
    groups, particularly Uyghurs, in Xinjiang Uyghur Autonomous Region. 
    In recent decades, central and regional Chinese government policies 
    have systematically discriminated against these minority groups by 
    denying them a range of civil and political rights, including the 
    freedom of expression, religion, and movement, and the right to a 
    fair trial.
        (2) In May 2014, the Government of the People's Republic of 
    China launched its latest ``Strike Hard Against Violent Extremism'' 
    campaign, using wide-scale, internationally-linked threats of 
    terrorism as a pretext to justify pervasive restrictions on and 
    serious human rights violations of members of ethnic minority 
    communities in Xinjiang Uyghur Autonomous Region. The August 2016 
    appointment of former Tibet Autonomous Region Party Secretary Chen 
    Quanguo to be Party Secretary of Xinjiang Uyghur Autonomous Region 
    accelerated the crackdown across the region. Scholars, human rights 
    organizations, journalists, and think tanks have provided ample 
    evidence substantiating the establishment by the Government of the 
    People's Republic of China of internment camps. Since 2014, the 
    Government of the People's Republic of China has detained more than 
    1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
    Muslim minority groups in these camps. The total ethnic minority 
    population of Xinjiang Uyghur Autonomous Region was approximately 
    13,000,000 at the time of the last census conducted by the People's 
    Republic of China in 2010.
        (3) The Government of the People's Republic of China's actions 
    against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other 
    Muslim minority groups in Xinjiang Uyghur Autonomous Region violate 
    international human rights laws and norms, including--
            (A) the International Convention on the Elimination of All 
        Forms of Racial Discrimination, to which the People's Republic 
        of China has acceded;
            (B) the Convention against Torture and Other Cruel, Inhuman 
        or Degrading Treatment or Punishment, which the People's 
        Republic of China has signed and ratified;
            (C) the International Covenant on Civil and Political 
        Rights, which the People's Republic of China has signed; and
            (D) the Universal Declaration of Human Rights.
        (4) Senior Chinese Communist Party officials, including current 
    Xinjiang Uyghur Autonomous Region Party Secretary Chen Quanguo, who 
    executes Chinese government policy in the region, and former 
    Xinjiang Uyghur Autonomous Region Deputy Party Secretary Zhu 
    Hailun, who crafted many of the policies implemented in the region, 
    bear direct responsibility for gross human rights violations 
    committed against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of 
    other Muslim minority groups. These abuses include the arbitrary 
    detention of more than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, 
    and members of other Muslim minority groups, separation of working 
    age adults from children and the elderly, and the integration of 
    forced labor into supply chains.
        (5) Those detained in internment camps in Xinjiang Uyghur 
    Autonomous Region have described forced political indoctrination, 
    torture, beatings, food deprivation, and denial of religious, 
    cultural, and linguistic freedoms. These victims have confirmed 
    that they were told by guards that the only way to secure their 
    release was to demonstrate sufficient political loyalty. Poor 
    conditions and lack of medical treatment at such facilities appear 
    to have contributed to the deaths of some detainees, including the 
    elderly and infirm.
        (6) Uyghurs and ethnic Kazakhs who have obtained permanent 
    residence or citizenship in other countries report being subjected 
    to threats and harassment from Chinese officials. At least 5 
    journalists for Radio Free Asia's Uyghur service have publicly 
    detailed abuses their family members in Xinjiang Uyghur Autonomous 
    Region have endured in response to their work exposing the 
    Government of the People's Republic of China's abusive policies.
        (7) In September 2018, United Nations High Commissioner for 
    Human Rights Michelle Bachelet noted in her first speech as High 
    Commissioner the ``deeply disturbing allegations of large-scale 
    arbitrary detentions of Uighurs and other Muslim communities, in 
    so-called reeducation camps across Xinjiang''.
        (8) In 2019, the Congressional-Executive Commission on China 
    concluded that, based on available evidence, the establishment and 
    actions committed in the internment camps in Xinjiang Uyghur 
    Autonomous Region may constitute ``crimes against humanity''.
        (9) On December 31, 2018, President Donald J. Trump signed into 
    law the Asia Reassurance Initiative Act of 2018 (Public Law 115-
    409), which--
            (A) condemns the People's Republic of China's ``forced 
        disappearances, extralegal detentions, invasive and omnipresent 
        surveillance, and lack of due process in judicial 
        proceedings'';
            (B) authorizes funding to promote democracy, human rights, 
        and the rule of law in the People's Republic of China; and
            (C) supports sanctions designations against any entity or 
        individual that--
                (i) violates human rights or religious freedoms; or
                (ii) engages in censorship activities.
SEC. 4. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) the President should--
            (A) condemn abuses against Uyghurs, ethnic Kazakhs, Kyrgyz, 
        members of other Muslim minority groups, and other persons by 
        authorities of the People's Republic of China; and
            (B) call on such authorities to immediately--
                (i) close the internment camps;
                (ii) lift all restrictions on, and ensure respect for, 
            human rights; and
                (iii) allow people inside the People's Republic of 
            China to reestablish contact with their loved ones, 
            friends, and associates outside the People's Republic of 
            China;
        (2) the Secretary of State should consider strategically 
    employing sanctions and other tools under the International 
    Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.), including 
    measures resulting from the designation of the People's Republic of 
    China as a country of particular concern for religious freedom 
    under section 402(b)(1)(A)(ii) of such Act (22 U.S.C. 
    6442(b)(1)(A)(ii)), that directly address particularly severe 
    violations of religious freedom;
        (3) the Secretary of State should--
            (A) work with United States allies and partners and through 
        multilateral institutions to condemn the mass arbitrary 
        detention of Uyghurs, ethnic Kazakhs, Kyrgyz, and members of 
        other Muslim minority groups in Xinjiang Uyghur Autonomous 
        Region; and
            (B) coordinate closely with the international community on 
        targeted sanctions and visa restrictions;
        (4) the journalists of the Uyghur language service of Radio 
    Free Asia should be commended for their reporting on the human 
    rights and political situation in Xinjiang Uyghur Autonomous Region 
    despite efforts by the Government of the People's Republic of China 
    to silence or intimidate their reporting through the detention of 
    family members and relatives in China;
        (5) the United States should expand the availability of and 
    capacity for Uyghur language programming on Radio Free Asia in 
    Xinjiang Uyghur Autonomous Region;
        (6) the Federal Bureau of Investigation and appropriate United 
    States law enforcement agencies should take steps to hold 
    accountable officials from the People's Republic of China or 
    individuals acting on their behalf who harass, threaten, or 
    intimidate persons within the United States; and
        (7) United States companies and individuals selling goods or 
    services or otherwise operating in Xinjiang Uyghur Autonomous 
    Region should take steps, including in any public or financial 
    filings, to ensure that--
            (A) their commercial activities are not contributing to 
        human rights violations in Xinjiang Uyghur Autonomous Region or 
        elsewhere in China; and
            (B) their supply chains are not compromised by forced 
        labor.
SEC. 5. UPDATING STATEMENT OF UNITED STATES POLICY TOWARD THE PEOPLE'S 
REPUBLIC OF CHINA.
    Section 901(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 84) is amended--
        (1) by redesignating paragraphs (7), (8), and (9) as paragraphs 
    (8), (9), and (10), respectively; and
        (2) by inserting after paragraph (6) the following:
        ``(7) United States policy toward the People's Republic of 
    China should be explicitly linked to the situation in Xinjiang 
    Uyghur Autonomous Region, specifically as to whether--
            ``(A) the internment of Uyghurs, ethnic Kazakhs, Kyrgyz, 
        and members of other Muslim minority groups in internment camps 
        has ended;
            ``(B) all political prisoners are released;
            ``(C) the use of mass surveillance and predictive policing 
        to discriminate against and violate the human rights of members 
        of specific ethnic groups has ceased and is not evident in 
        other parts of China; and
            ``(D) the Government of the People's Republic of China has 
        ended particularly severe restrictions of religious and 
        cultural practice in Xinjiang Uyghur Autonomous Region;''.
SEC. 6. IMPOSITION OF SANCTIONS.
    (a) Report Required.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, and not less frequently than annually 
    thereafter, the President shall submit a report to the Committee on 
    Foreign Relations of the Senate, the Committee on Banking, Housing, 
    and Urban Affairs of the Senate, the Committee on Foreign Affairs 
    of the House of Representatives, and the Committee on Financial 
    Services of the House of Representatives that identifies each 
    foreign person, including any official of the Government of the 
    People's Republic of China, that the President determines is 
    responsible for any of the following with respect to Uyghurs, 
    ethnic Kazakhs, Kyrgyz, members of other Muslim minority groups, or 
    other persons in Xinjiang Uyghur Autonomous Region:
            (A) Torture.
            (B) Cruel, inhuman, or degrading treatment or punishment.
            (C) Prolonged detention without charges and trial.
            (D) Causing the disappearance of persons by the abduction 
        and clandestine detention of those persons.
            (E) Other flagrant denial of the right to life, liberty, or 
        the security of persons.
        (2) Form.--The report required under paragraph (1) shall be 
    submitted in unclassified form, but may contain a classified annex.
    (b) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (c) with respect to each foreign 
person identified in the report required under subsection (a)(1).
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
        (1) Asset blocking.--The President shall exercise all of the 
    powers granted to the President under the International Emergency 
    Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
    necessary to block and prohibit all transactions in property and 
    interests in property of a foreign person identified in the report 
    required under subsection (a)(1) if such property and interests in 
    property--
            (A) are in the United States;
            (B) come within the United States; or
            (C) come within the possession or control of a United 
        States person.
        (2) Ineligibility for visas, admission, or parole.--
            (A) Visas, admission, or parole.--An alien described in 
        subsection (a)(1) is--
                (i) inadmissible to the United States;
                (ii) ineligible to receive a visa or other 
            documentation to enter the United States; and
                (iii) otherwise ineligible to be admitted or paroled 
            into the United States or to receive any other benefit 
            under the Immigration and Nationality Act (8 U.S.C. 1101 et 
            seq.).
            (B) Current visas revoked.--
                (i) In general.--An alien described in subsection 
            (a)(1) is subject to revocation of any visa or other entry 
            documentation regardless of when the visa or other entry 
            documentation is or was issued.
                (ii) Immediate effect.--A revocation under clause (i) 
            shall--

                    (I) take effect immediately; and
                    (II) cancel any other valid visa or entry 
                documentation that is in the alien's possession.

        (3) Penalties.--The penalties provided for in subsections (b) 
    and (c) of section 206 of the International Emergency Economic 
    Powers Act (50 U.S.C. 1705) shall apply to a foreign person that 
    violates, attempts to violate, conspires to violate, or causes a 
    violation of paragraph (1) to the same extent that such penalties 
    apply to a person that commits an unlawful act described in 
    subsection (a) of such section 206.
    (d) 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.
    (e) Waiver.--The President may waive the application of sanctions 
under this section with respect to a person identified in the report 
required under subsection (a)(1) if the President determines and 
certifies to the Committee on Foreign Relations of the Senate, the 
Committee on Banking, Housing, and Urban Affairs of the Senate, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Financial Services of the House of Representatives that 
such a waiver is in the national interest of the United States.
    (f) Exceptions.--
        (1) Exception for intelligence activities.--Sanctions under 
    this section shall not apply to any activity subject to the 
    reporting requirements under title V of the National Security Act 
    of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
    activities of the United States.
        (2) Exception to comply with international obligations and for 
    law enforcement activities.--Sanctions under subsection (c)(2) 
    shall not apply with respect to an alien if admitting or paroling 
    the alien into the United States is necessary--
            (A) to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations; or
            (B) to carry out or assist law enforcement activity in the 
        United States.
        (3) Exception relating to importation of goods.--
            (A) In general.--The authorities and requirements to impose 
        sanctions authorized under this section shall not include the 
        authority or a requirement to impose sanctions on the 
        importation of goods.
            (B) Good defined.--In this paragraph, the term ``good'' 
        means any article, natural or manmade substance, material, 
        supply, or manufactured product, including inspection and test 
        equipment, and excluding technical data.
    (g) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines and reports to the Committee on Foreign 
Relations of the Senate, the Committee on Banking, Housing, and Urban 
Affairs of the Senate, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Financial Services of the House 
of Representatives not later than 15 days before the termination takes 
effect that--
        (1) information exists that the person did not engage in the 
    activity for which sanctions were imposed;
        (2) the person has been prosecuted appropriately for the 
    activity for which sanctions were imposed;
        (3) the person has credibly demonstrated a significant change 
    in behavior, has paid an appropriate consequence for the activity 
    for which sanctions were imposed, and has credibly committed to not 
    engage in an activity described in subsection (a)(1) in the future; 
    or
        (4) the termination of the sanctions is in the national 
    security interests of the United States.
    (h) Sunset.--This section, and any sanctions imposed under this 
section, shall terminate on the date that is 5 years after the date of 
the enactment of this Act.
    (i) Definitions.--In this section:
        (1) Admission; admitted; alien.--The terms ``admission'', 
    ``admitted'', and ``alien'' have the meanings given those terms in 
    section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
        (2) Foreign person.--The term ``foreign person'' means a person 
    that is not a United States person.
        (3) United states person.--The term ``United States person'' 
    means--
            (A) a United States citizen or an alien lawfully admitted 
        for permanent residence to the United States; or
            (B) an entity organized under the laws of the United States 
        or any jurisdiction within the United States, including a 
        foreign branch of such an entity.
SEC. 7. REPORT ON HUMAN RIGHTS ABUSES IN XINJIANG UYGHUR AUTONOMOUS 
REGION.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
heads of other relevant Federal departments and agencies and civil 
society organizations, shall--
        (1) submit a report on human rights abuses in Xinjiang Uyghur 
    Autonomous Region to the Committee on Foreign Relations of the 
    Senate and the Committee on Foreign Affairs of the House of 
    Representatives; and
        (2) make the report described in paragraph (1) available on the 
    website of the Department of State.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include--
        (1) an assessment of the number of individuals detained in 
    internment camps in Xinjiang Uyghur Autonomous Region;
        (2) a description of the conditions in such camps for 
    detainees, including, to the extent practicable, an assessment of--
            (A) methods of torture;
            (B) efforts to force individuals to renounce their faith; 
        and
            (C) other serious human rights abuses;
        (3) to the extent practicable, an assessment of the number of 
    individuals in the region in forced labor camps;
        (4) a description of the methods used by People's Republic of 
    China authorities to ``reeducate'' detainees in internment camps, 
    including a list of government agencies of the People's Republic of 
    China in charge of such reeducation;
        (5) an assessment of the use and nature of forced labor in and 
    related to the detention of Turkic Muslims in Xinjiang Uyghur 
    Autonomous Region, including a description of foreign companies and 
    industries directly benefitting from such labor;
        (6) an assessment of the level of access to Xinjiang Uyghur 
    Autonomous Region granted by the Government of the People's 
    Republic of China to foreign diplomats and consular agents, 
    independent journalists, and representatives of nongovernmental 
    organizations;
        (7) an assessment of the mass surveillance, predictive 
    policing, and other methods used by the Government of the People's 
    Republic of China to violate the human rights of persons in 
    Xinjiang Uyghur Autonomous Region;
        (8) a description of the frequency with which foreign 
    governments are forcibly returning Uyghurs, ethnic Kazakhs, Kyrgyz, 
    and other refugees and asylum seekers to the People's Republic of 
    China;
        (9) a description, as appropriate, of United States diplomatic 
    efforts with allies and other nations--
            (A) to address the gross violations of human rights in 
        Xinjiang Uyghur Autonomous Region; and
            (B) to protect asylum seekers from the region; and
        (10) the identification of the offices within the Department of 
    State that are responsible for leading and coordinating the 
    diplomatic efforts referred to in paragraph (9).
SEC. 8. REPORT ON PROTECTING CITIZENS AND RESIDENTS OF THE UNITED 
STATES FROM INTIMIDATION AND COERCION.
    Not later than 90 days after the date of the enactment of this Act, 
the Director of the Federal Bureau of Investigation, in consultation 
with the Secretary of State, shall submit a report to the Committee on 
Foreign Relations of the Senate, the Committee on the Judiciary of the 
Senate, the Select Committee on Intelligence of the Senate, the 
Committee on Foreign Affairs of the House of Representatives, the 
Committee on the Judiciary of the House of Representatives, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives that outlines all of the efforts to protect United 
States citizens and residents, including ethnic Uyghurs and Chinese 
nationals legally studying or working temporarily in the United States, 
who have experienced harassment or intimidation within the United 
States by officials or agents of the Government of the People's 
Republic of China.
SEC. 9. REPORT ON SECURITY AND ECONOMIC IMPLICATIONS OF REPRESSION IN 
XINJIANG UYGHUR AUTONOMOUS REGION BY THE GOVERNMENT OF THE PEOPLE'S 
REPUBLIC OF CHINA.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the Secretary of State, shall submit a report to the 
Committee on Foreign Relations of the Senate, the Select Committee on 
Intelligence of the Senate, the Committee on Foreign Affairs of the 
House of Representatives, and the Permanent Select Committee on 
Intelligence of the House of Representatives on the matters described 
in subsection (b).
    (b) Matters to Be Included.-- The report required under subsection 
(a) shall include--
        (1) an assessment of the national and regional security threats 
    posed to the United States by the policies of the Government of the 
    People's Republic of China in Xinjiang Uyghur Autonomous Region;
        (2) a description of--
            (A) the acquisition or development of technology by the 
        Government of the People's Republic of China to facilitate 
        internment and mass surveillance in Xinjiang Uyghur Autonomous 
        Region, including technology related to predictive policing and 
        large-scale data collection and analysis; and
            (B) the threats that the acquisition, development, and use 
        of such technologies pose to the United States;
        (3) a list of Chinese companies that are involved in--
            (A) constructing or operating the internment camps in 
        Xinjiang Uyghur Autonomous Region; or
            (B) providing or operating mass surveillance technology in 
        Xinjiang Uyghur Autonomous Region; and
        (4) a description of the role of the Xinjiang Production and 
    Construction Corps in internment and forced labor in Xinjiang 
    Uyghur Autonomous Region.
    (c) Form of Report.--The report required under subsection (a) shall 
be submitted in an unclassified form, but may contain a classified 
annex.
  SEC. 10. CLASSIFIED REPORT.
    The Director of National Intelligence, in consultation with such 
elements of the Intelligence Community as the Director deems 
appropriate, shall submit a classified report to the Select Committee 
on Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives that assesses the ability 
of the United States Government to collect and analyze intelligence 
regarding--
        (1) the scope and scale of the detention and forced labor of 
    Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim 
    minority groups in the People's Republic of China;
        (2) the gross violations of human rights perpetrated inside the 
    internment camps in Xinjiang Uyghur Autonomous Region; and
        (3) other policies of the Government of the People's Republic 
    of China in Xinjiang Uyghur Autonomous Region that constitute gross 
    violations of human rights.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.