[Congressional Record Volume 166, Number 91 (Thursday, May 14, 2020)]
[Senate]
[Pages S2458-S2461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONDEMNING GROSS HUMAN RIGHTS VIOLATIONS OF ETHNIC TURKIC MUSLIMS IN 
                                XINJIANG

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 3744, introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.

[[Page S2459]]

  The bill clerk read as follows:

       A bill (S. 3744) 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.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the bill be considered 
read a third time and passed and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3744) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows

                                S. 3744

       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

[[Page S2460]]

     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;

[[Page S2461]]

       (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.
  Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________