    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-145
    116th Congress

    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.

    [[Page 649]]

    (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.

    [[Page 650]]

    (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;

    [[Page 651]]

    (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.--

    [[Page 652]]

    (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--

    [[Page 653]]

    (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

    [[Page 654]]

    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;

    [[Page 655]]

    (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

    [[Page 656]]

    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

    [[Page 657]]

    (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.

    Approved June 17, 2020.

    LEGISLATIVE HISTORY--S. 3744:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 166 (2020):
    May 14, considered and passed Senate.
    May 27, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
    June 17, Presidential statement.