[Congressional Record Volume 165, Number 145 (Wednesday, September 11, 2019)]
[Senate]
[Pages S5450-S5452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 UYGHUR HUMAN RIGHTS POLICY ACT OF 2019

  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 99, S. 178.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 178) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Uyghur Human Rights Policy 
     Act of 2019''.

     SEC. 2. STATEMENT OF PURPOSE.

       The purpose of this Act is to direct United States 
     resources to address gross violations of universally 
     recognized human rights, including the mass internment of 
     over 1,000,000 Uyghurs and other predominately Muslim ethnic 
     minorities in China and the intimidation and threats faced by 
     United States citizens and legal permanent residents.

     SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES.

       In this section, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Select Committee on Intelligence, the 
     Committee on Banking, Housing, and Urban Affairs, the 
     Committee on the Judiciary, and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, the Permanent Select Committee on 
     Intelligence, the Committee on Financial Services, the 
     Committee on the Judiciary, and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 4. FINDINGS.

       Congress makes the following findings:
       (1) The Government of the People's Republic of China has a 
     long history of repressing approximately 13,000,000 Turkic, 
     moderate Sunni Muslims, particularly Uyghurs, in the 
     nominally autonomous Xinjiang region. These actions are in 
     contravention of international human rights standards, 
     including the Universal Declaration of Human Rights and the 
     International Covenant on Civil and Political Rights.
       (2) In recent decades, central and regional Chinese 
     government policies have systematically discriminated against 
     Uyghurs, ethnic Kazakhs, and other Muslims in Xinjiang by 
     denying them a range of civil and political rights, including 
     the freedoms of expression, religion, movement, and a fair 
     trial, among others.
       (3) Increased unrest in the Xinjiang region as a result of 
     the central government's severe repression is used in 
     Orwellian fashion by the Government of the People's Republic 
     of China as evidence of ``terrorism'' and ``separatism'' and 
     as an excuse for further disproportionate response.
       (4) In 2014, Chinese authorities launched their latest 
     ``Strike Hard against Violent Extremism'' campaign, in which 
     the pretext of wide-scale, internationally linked threats of 
     terrorism were used to justify pervasive restrictions on, and 
     gross human rights violations against, the ethnic minority 
     communities of Xinjiang.
       (5) Those policies included--
       (A) pervasive, high-tech surveillance across the region, 
     including the arbitrary collection of biodata, such as DNA 
     samples from children, without their knowledge or consent;
       (B) the use of QR codes outside homes to gather information 
     on how frequently individuals pray;
       (C) facial and voice recognition software and ``predictive 
     policing'' databases; and
       (D) severe restrictions on the freedom of movement across 
     the region.
       (6) Chinese security forces have never been held 
     accountable for credible reports of mass shootings in 
     Alaqagha (2014), Hanerik (2013), and Siriqbuya (2013), as 
     well as the extrajudicial killings of Abdulbasit Ablimit 
     (2013) and Rozi Osman (2014).
       (7)(A) The August 2016 transfer of former Tibet Autonomous 
     Region Party Secretary Chen Quanguo to become the Xinjiang 
     Party Secretary prompted an acceleration in the crackdown 
     across the region.
       (B) Local officials in Xinjiang have used chilling 
     political rhetoric to describe the purpose of government 
     policy, including ``eradicating tumors'' and ``spray[ing] 
     chemicals'' on crops to kill the ``weeds''.
       (C) Uyghurs are forced to celebrate Chinese cultural 
     traditions, such as Chinese New Year, and unique Uyghur 
     culture is facing eradication due to state control over 
     Uyghur cultural heritage, such as muqam (a musical tradition) 
     and meshrep (traditional cultural gatherings), and due to 
     elimination of the Uyghur language as a medium of instruction 
     in Xinjiang schools and universities.
       (8) In 2017, credible reports found that family members of 
     Uyghurs living outside of China had gone missing inside 
     China, that Chinese authorities were pressuring those outside 
     the country to return, and that individuals were being 
     arbitrarily detained in large numbers.
       (9) There is ample credible evidence provided by scholars, 
     human rights organizations, journalists, and think tanks 
     substantiating the establishment by Chinese authorities of 
     ``political reeducation'' camps.
       (10) Independent organizations conducted interviews, 
     including testimonies from Kayrat Samarkan, Omir Bekali, and 
     Mihrigul Tursun, along with others who had been detained in 
     such facilities, who described forced political 
     indoctrination, torture, beatings, food deprivation, and 
     solitary confinement, as well as uncertainty as to the length 
     of detention, humiliation, and denial of religious, cultural, 
     and linguistic freedoms, and confirmed that they were told by 
     guards that the only way to secure 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. Uyghurs Muhammed Salih Hajim (2018), 
     Yaqupjan Naman (2018), Abdughappar Abdujappar (2018), Ayhan 
     Memet (2018), Abdulreshit Seley Hajim (2018), Nurimangul 
     Memet (2018), Adalet Teyip (2018), Abdulehed Mehsum (2017), 
     Hesen Imin (2017), and Sawut Raxman (2017) reportedly died 
     while in the custody of the Chinese authorities in 
     ``political reeducation'' camps, without proper investigation 
     of the circumstances.
       (11) Uyghurs and Kazakhs, who have now obtained permanent 
     residence or citizenship in other countries, attest to 
     receiving threats and harassment from Chinese officials.
       (12) Under pressure from the Government of the People's 
     Republic of China, countries have forcibly returned Uyghurs 
     to China in violation of the non-refoulement principle and 
     their well-founded fear of persecution. States returning 
     Uyghurs include Egypt, Malaysia, Thailand, Laos, Burma, 
     Cambodia, Vietnam, Kazakhstan, Uzbekistan, Tajikistan, 
     Pakistan, Nepal, and India.
       (13) Six journalists for Radio Free Asia's Uyghur service 
     have publicly detailed abuses their family members in 
     Xinjiang have endured in response to their work exposing 
     abusive policies across the region.
       (14) Several United States-based companies are conducting 
     business with Xinjiang authorities without sufficient due 
     diligence or safeguards to ensure their business operations 
     do not create or contribute to human rights violations.
       (15) The Government of the People's Republic of China is 
     increasingly investing in the ``Belt and Road Initiative'' 
     across Xinjiang and throughout Central Asia, extending its 
     influence through organizations such as the Shanghai 
     Cooperation Organization without regard to the political, 
     religious, cultural, or linguistic rights of ethnic 
     minorities.
       (16) The Secretary of State, Congressional-Executive 
     Commission on China, Tom Lantos Human Rights Commission, and 
     individual members of the executive branch and Congress have 
     all expressed growing concern regarding the pervasive human 
     rights abuses across Xinjiang and the ``political 
     reeducation'' camps.
       (17) In August 2018, the United Nations Committee to 
     Eliminate Racial Discrimination challenged the Government of 
     the People's Republic of China over abuses in Xinjiang, 
     including the establishment of mass arbitrary detention 
     camps.
       (18) Between August and September 2018, Chinese authorities 
     responded to these allegations by either flatly denying them 
     or insisting that the facilities are ``vocational training 
     centers''.
       (19) In September 2018, newly appointed United Nations High 
     Commissioner for Human Rights Michele 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 re-education camps 
     across Xinjiang''.
       (20) On September 18, 2018, the Washington Post editorial 
     board wrote, ``At stake is not just the welfare of the 
     Uighurs, but also whether the

[[Page S5451]]

     technologies of the 21st century will be employed to smother 
     human freedom.''
       (21) In December 2018 testimony before the Subcommittee on 
     East Asia, the Pacific, and International Cybersecurity 
     Policy of the Committee on Foreign Relations of the Senate, 
     Deputy Assistant Secretary for Democracy, Human Rights and 
     Labor Scott Busby testified that the number of those detained 
     in camps since April 2017 was ``at least 800,000 and possibly 
     more than 2 million''.
       (22) In December 2018, independent media reports pointed to 
     growing evidence of forced labor in the camps, as well as 
     reports of individuals who have been released from camps 
     being forced to labor in nearby factories for low wages under 
     threat of being sent back to ``political reeducation'' camps.
       (23) In December 2018 and January 2019, Chinese officials 
     organized visits to ``political reeducation'' camps in 
     Xinjiang for a small group of foreign journalists and 
     diplomats from 12 non-Western countries. In the months 
     preceding the visits, international media reported that 
     officials worked to remove security features from some 
     ``political reeducation'' facilities, and coached detainees 
     and area residents not to make negative comments about the 
     camps. Reports also indicated that officials had transferred 
     large numbers of detainees to detention facilities in other 
     parts of China.
       (24) Experts have described the Xinjiang region as ``a 
     police state to rival North Korea, with a formalized racism 
     on the order of South African apartheid'' and the repression 
     in the Xinjiang region as a ``slow motion Tiananmen''.
       (25) On December 31, 2018, President Donald J. Trump signed 
     into law the Asia Reassurance Initiative Act of 2018 (Public 
     Law 105-409), which condemned China's ``forced 
     disappearances, extralegal detentions, invasive and 
     omnipresent surveillance, and lack of due process in judicial 
     proceedings,'' authorized funding to promote democracy, human 
     rights, and the rule of law in China, and supported sanctions 
     designations against any entity or individual that--
       (A) violates human rights or religious freedoms; or
       (B) engages in censorship activities.

     SEC. 5. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the President should condemn abuses against Turkic 
     Muslims by Chinese authorities in Xinjiang and call on 
     Chinese President Xi Jinping to recognize the profound abuse 
     and likely lasting damage of China's current policies, and 
     immediately close the ``political reeducation'' camps, lift 
     all restrictions on and ensure respect for internationally 
     guaranteed human rights across the region, and allow for 
     reestablishment of contact between those inside and outside 
     China;
       (2) the United States Government should develop a strategy 
     to support the United Nations High Commissioner for Human 
     Rights and numerous United Nations Special Rapporteurs' 
     urgent calls for immediate and unfettered access to Xinjiang, 
     including the ``political reeducation'' camps, and 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, torture, and forced labor of 
     Turkic Muslims in the People's Republic of China;
       (3) the Secretary of State should consider the 
     applicability of existing authorities, including the Global 
     Magnitsky Act (subtitle F of Public Law 114-328), to impose 
     targeted sanctions on members of the Government of the 
     People's Republic of China, the Chinese Communist Party, and 
     state security apparatus, including Xinjiang Party Secretary 
     Chen Quanguo and other officials credibly alleged to be 
     responsible for human rights abuses in Xinjiang and 
     elsewhere;
       (4) the Secretary of State should fully implement the 
     provisions of the Frank Wolf International Religious Freedom 
     Act (Public Law 114-281) and consider strategically employing 
     sanctions and other tools under the International Religious 
     Freedom Act (22 U.S.C. 6401 et seq.) and to employ measures 
     required as part of the ``Country of Particular Concern'' 
     (CPC) designation for the Government of the People's Republic 
     of China that directly address particularly severe violations 
     of religious freedom;
       (5) the Secretary of Commerce should review and consider 
     prohibiting the sale or provision of any United States-made 
     goods or services to any state agent in Xinjiang, and adding 
     the Xinjiang branch of the Chinese Communist Party, the 
     Xinjiang Public Security Bureau, and the Xinjiang Office of 
     the United Front Work Department, or any entity acting on 
     their behalf to facilitate the mass internment or forced 
     labor of Turkic Muslims, to the ``Entity List'' administered 
     by the Department of Commerce;
       (6) United States companies and individuals selling goods 
     or services or otherwise operating in Xinjiang should take 
     steps, including in any public or financial filings, to 
     publicly assert that their commercial activities are not 
     contributing to human rights violations in Xinjiang or 
     elsewhere in China and that their supply chains are not 
     compromised by forced labor;
       (7) the Federal Bureau of Investigation and appropriate 
     United States law enforcement entities should track and take 
     steps to hold accountable officials from China who harass, 
     threaten, or intimidate not only United States citizens and 
     legal permanent residents, including Turkic Muslims, Uyghur-
     Americans, and Chinese-Americans, but also Chinese nationals 
     legally studying or working in the United States;
       (8) the Secretary of State should work with traditional 
     United States allies and partners to take similar steps and 
     coordinate closely on targeted sanctions and visa 
     restrictions;
       (9) the Secretary of State should appoint a United States 
     Special Coordinator for Xinjiang, from officers and employees 
     of the Department of State, who will coordinate diplomatic, 
     political, public diplomacy, financial assistance, sanctions, 
     counterterrorism, security resources, and congressional 
     reporting requirements within the United States Government to 
     respond to the gross violations of universally recognized 
     human rights occurring in the Xinjiang region, including by 
     addressing--
       (A) the mass detentions of Uyghurs and other predominantly 
     Muslim ethnic minorities;
       (B) the deployment of technologically advanced surveillance 
     and police detection methods; and
       (C) the counterterrorism and counter-radicalism claims used 
     to justify the policies of the Government of the People's 
     Republic of China in Xinjiang;
       (10) the United States Special Coordinator for Xinjiang 
     position should continue until the mass surveillance and 
     internment of Uyghurs and other predominantly Muslim ethnic 
     minorities has ended and all detainees released; and
       (11) the full and timely implementation of sections 408, 
     409, and 410 of the Asia Reassurance Initiative Act of 2018 
     (Public Law 115-409) is critical to demonstrating unwavering 
     support by the United States for the universally recognized 
     human rights of all ethnic, cultural, and religious 
     minorities in China, including Muslim minorities in Xinjiang.

     SEC. 6. NATIONAL SECURITY REPORT.

       (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 provide to the appropriate congressional committees a 
     report to assess national and regional security threats posed 
     by the crackdown across Xinjiang, the frequency with which 
     Central and Southeast Asian governments are forcibly 
     returning Turkic Muslim refugees and asylum seekers, and the 
     transfer or development of technology used by the Government 
     of the People's Republic of China that facilitates the mass 
     internment and surveillance of Turkic Muslims, including 
     technology relating to predictive policing and large-scale 
     data collection and analysis.
       (b) Annex.--The report required under subsection (a) shall 
     include an unclassified annex with a list of all Chinese 
     companies involved in the construction or operation of the 
     ``political education'' camps, and the provision or operation 
     of surveillance technology or operations, across Xinjiang.
       (c) Form of Report.--The report required under subsection 
     (a) shall be submitted in an unclassified form but may 
     contain a classified annex.

     SEC. 7. PROTECTING CITIZENS AND RESIDENTS OF THE UNITED 
                   STATES FROM INTIMIDATION AND COERCION.

       (a) In General.--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 provide a report to the appropriate 
     congressional committees that outlines any and all efforts to 
     provide information to and 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 by officials 
     or agents of the Government of the People's Republic of China 
     and the Communist Party within the United States and those 
     whose families in China have experienced threats or detention 
     because of their work or advocacy.
       (b) Database of Detained Family Members of United States 
     Citizens and Residents.--The Secretary of State should 
     explore appropriate mechanisms to establish a voluntary 
     database to which United States citizens or permanent 
     resident family members of the Uyghur diaspora can provide 
     details about missing family members, with a view towards 
     pressing for information and accountability from the 
     Government of the People's Republic of China and to take 
     appropriate measures to expedite the asylum claims of 
     Uyghurs, Kazakhs, and other Turkic Muslim minorities.

     SEC. 8. REPORT ON PUBLIC DIPLOMACY.

       (a) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the CEO of the United States Agency 
     for Global Media shall submit to the appropriate 
     congressional committees a report that--
       (1) describes the current status and reach of United States 
     broadcasting to the Xinjiang region and Uyghur speaking 
     communities globally, barriers to the free flow of news and 
     information to these communities, and, if appropriate, 
     detailed technical and fiscal requirements necessary to 
     increase broadcasting and other media to these communities 
     globally;
       (2) describes efforts to intimidate Radio Free Asia and 
     Voice of America reporters reporting on human rights issues 
     in the People's Republic of China; and
       (3) in consultation with the Global Engagement Center at 
     the Department of State, describes and assesses 
     disinformation and propaganda by the Government of the 
     People's Republic of China or other members of the Shanghai 
     Cooperation Organization targeting Uyghur communities 
     globally and efforts to downplay gross violations of 
     universally recognized human rights occurring in the Xinjiang 
     region and any activities or programs that address these 
     efforts.
       (b) Statement of Policy.--It is the policy of the United 
     States to commend and support the journalists of the Uyghur 
     language service of Radio Free Asia for their reporting on 
     the human rights and political situation in Xinjiang despite 
     efforts to silence or intimidate their reporting through the 
     detention of family members and relatives by the Government 
     of the People's Republic of China.

[[Page S5452]]

  


     SEC. 9. REPORT AND SEMI-ANNUAL BRIEFING.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, after 
     consulting relevant Federal agencies and civil society 
     organizations, shall submit to the appropriate congressional 
     committees and make available on the website of the 
     Department of State an interagency report that includes--
       (1) an assessment of the number of individuals detained in 
     political ``reeducation camps'' and conditions in the camps 
     for detainees in the Xinjiang region, including whether 
     detainees endure torture, forced renunciation of faith, or 
     other mistreatment;
       (2) a description, as possible, of the geographic location 
     of the camps and estimates of the number of people detained 
     in such facilities;
       (3) a description, as possible, of the methods used by 
     People's Republic of China authorities to ``reeducate'' 
     Uyghur detainees, as well as the People's Republic of China 
     agencies in charge of reeducation;
       (4) an assessment of the number of individuals being 
     arbitrarily detained, including in pretrial detention centers 
     and prisons;
       (5) an assessment of forced labor in the camps and in 
     regional factories for low wages under threat of being sent 
     back to ``political reeducation'' camps;
       (6) a list of Chinese companies and industries benefitting 
     from such labor, and a description of actions taken to 
     address forced labor in Xinjiang concurrent with the People's 
     Republic of China's Tier 3 designation under the 2018 
     Trafficking in Persons Report;
       (7) an assessment of the level of access People's Republic 
     of China authorities grant to diplomats, journalists, and 
     others to the Xinjiang region and a description of measures 
     used to impede efforts to monitor human rights conditions in 
     the Xinjiang region;
       (8) an assessment of the repressive surveillance, 
     detection, and control methods used by People's Republic of 
     China authorities in the Xinjiang region, and a list of 
     individuals who hold senior leadership positions and are 
     responsible for ``high-tech'' policing, mass incarceration, 
     and reeducation efforts targeting Uyghur and other 
     predominately Muslim ethnic minorities in the Xinjiang 
     region;
       (9) a description of United States diplomatic efforts to 
     address the gross violations of universally recognized human 
     rights in the Xinjiang region and to protect asylum seekers 
     from the region, including in multilateral institutions and 
     through bilateral relations with the People's Republic of 
     China, the nations of the Organization of Islamic Cooperation 
     (OIC), and other countries; and
       (10) a description, as appropriate, of diplomatic efforts 
     by United States allies and other nations to address the 
     gross violations of universally recognized human rights in 
     the Xinjiang region and to protect asylum seekers from the 
     region.
       (b) Briefing and Supplemental Materials.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State, or the Secretary's designee, shall 
     provide a briefing to the appropriate congressional 
     committees covering the subjects listed in subsection (a). At 
     the time of each briefing, the Department of State shall 
     provide unclassified written materials detailing the subject 
     matters covered in paragraphs (1), (2), (4), (6), and (9) of 
     such subsection.
       (2) Termination.--The briefing requirement under paragraph 
     (1) terminates 5 years after the date of the enactment of 
     this Act.

     SEC. 10. REPORT ON SANCTIONS WITH RESPECT TO HUMAN RIGHTS 
                   VIOLATIONS IN THE XINJIANG REGION OF THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall, 
     except as provided in subsection (c), submit to Congress a 
     report that includes a statement of whether the persons 
     described in subsection (b) meet the criteria to be 
     designated for the imposition of sanctions under section 1263 
     of the Global Magnitsky Human Rights Accountability Act 
     (subtitle F of title XII of Public Law 114-238; 22 U.S.C. 
     2656 note) because the persons--
       (1) are responsible for extrajudicial killings, torture, or 
     other gross violations of internationally recognized human 
     rights in the Xinjiang region of the People's Republic of 
     China; or
       (2) materially assisted, sponsored, or provided financial, 
     material, or technological support for, or goods or services 
     in support of, such violations.
       (b) Persons Described.--The persons described in this 
     subsection are the following:
       (1) The Party Secretary for Xinjiang region of the People's 
     Republic of China, Chen Quanguo.
       (2) Senior full or alternate members of the Central 
     Committee of the Communist Party of China whose professional 
     responsibilities relate to the governmental administration of 
     the Xinjiang region, or who have conducted business with 
     government entities in the Xinjiang region.
       (c) Exception.--The Secretary shall not be required to 
     submit a report under subsection (a) if the Secretary 
     determines, not later than 90 days after the date of the 
     enactment of this Act, that the Government of the People's 
     Republic of China allows independent, unrestricted, and 
     unsupervised access to the Xinjiang region for international 
     human rights organizations.

  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to, the bill, as 
amended, be considered read a third time and passed, and the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 178), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________