[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
December 3, 2019.
Resolved, That the bill from the Senate (S. 178) entitled ``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.'', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uighur Intervention and Global
Humanitarian Unified Response Act of 2019'' or the ``UIGHUR Act of
2019''.
SEC. 2. 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 People's Republic of China's mass surveillance
and internment of over 1,000,000 Uighurs and other predominantly Turkic
Muslim ethnic minorities in China's Xinjiang Uighur Autonomous Region.
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate.
SEC. 4. FINDINGS.
Congress makes the following findings:
(1) The Government of the People's Republic of China has a
long history of repressing Turkic Muslims, particularly
Uighurs, in China's Xinjiang Uighur Autonomous Region.
(2) In May 2014, Chinese authorities launched their latest
``Strike Hard against Violent Extremism'' campaign, using wide-
scale, internationally-linked threats of terrorism as a pretext
to justify pervasive restrictions on and human rights
violations of members of the ethnic minority communities of the
Xinjiang Uighur Autonomous Region. 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. Scholars, human rights
organizations, journalists, and think tanks have provided ample
evidence substantiating the establishment by Chinese
authorities of ``reeducation'' camps. Since 2014, Chinese
authorities have detained no less than 800,000 Uighurs, ethnic
Kazakhs, Kyrgyz, and other ethnic minorities in these camps.
(3) Those detained in such facilities have described forced
political indoctrination, torture, beatings, and food
deprivation, as well as 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.
(4) Uighurs and ethnic Kazakhs, who have now obtained
permanent residence or citizenship in other countries, attest
to receiving threats and harassment from Chinese officials. At
least five journalists for Radio Free Asia's Uighur service
have publicly detailed abuses their family members in Xinjiang
have endured in response to their work exposing abusive
policies across the Xinjiang Uighur Autonomous Region.
(5) In September 2018, 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''.
(6) The Government of the People's Republic of China's
actions against Turkic Muslims in the Xinjiang Uighur
Autonomous Region, whose population was approximately 13
million at the time of the last Chinese census in 2010, are in
contravention of international human rights laws, the
International Convention on the Elimination of All Forms of
Racial Discrimination, and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, both
of which China has signed and ratified, and the Universal
Declaration of Human Rights and the International Covenant on
Civil and Political Rights, which China has signed.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should condemn abuses against Turkic
Muslims by Chinese authorities and call on such authorities
immediately--
(A) to close the ``reeducation'' camps;
(B) to lift all restrictions on and ensure respect
for human rights; and
(C) to allow those inside China to reestablish
contact with their loved ones, friends, and associates
outside China;
(2) the Secretary of State should--
(A) fully implement the provisions of the Frank R.
Wolf International Religious Freedom Act (Public Law
114-281); and
(B) 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 required by reason of 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 that
directly address particularly severe violations of
religious freedom;
(3) the Secretary of State should work with United States
allies and partners as well as through multilateral
institutions to condemn the mass arbitrary detention of Uighurs
in China's Xinjiang Uighur Autonomous Region and coordinate
closely with the international community on targeted sanctions
and visa restrictions; and
(4) the journalists of the Uighur language service of Radio
Free Asia should be commended for their reporting on the human
rights and political situation in the Xinjiang Uighur
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, and the United States should expand the availability
of and capacity for Uighur language programming on Radio Free
Asia in the region.
SEC. 6. 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 with the situation in China's
Xinjiang Uighur Autonomous Region, specifically as to whether--
``(A) the mass internment of ethnic Uighur and
other Turkic Muslims in `political education' camps has
ended;
``(B) all political prisoners in the region are
released;
``(C) the use of high-tech mass surveillance and
predictive policing to discriminate against and violate
the human rights of members of specific ethnic groups
is evident in other parts of China; and
``(D) the Government of the People's Republic of
China has ended efforts aimed at cultural assimilation
and particularly severe restrictions of religious
practice in the region;''.
SEC. 7. APPLICATION OF SANCTIONS UNDER GLOBAL MAGNITSKY HUMAN RIGHTS
ACCOUNTABILITY ACT WITH RESPECT TO CERTAIN SENIOR
OFFICIALS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a list of senior officials of the Government
of the People's Republic of China who the President determines are
responsible for or who have knowingly engaged in serious human rights
abuses against Turkic Muslims in the Xinjiang Uighur Autonomous Region
and elsewhere in China. Such list shall include the following:
(1) Senior Chinese officials, such as Xinjiang Party
Secretary Chen Quanguo, who are directly responsible for the
ongoing repression in the Xinjiang Uighur Autonomous Region.
(2) Senior Chinese officials responsible for mass
incarceration, political indoctrination, or reeducation efforts
targeting Uighurs and other predominantly Muslim ethnic
minorities.
(b) Form.--The list required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Sanctions Imposed.--On the date on which the President submits
to the appropriate congressional committees the list described in
subsection (a), and as appropriate thereafter, the President shall
impose the sanctions described in section 1263(b) of the Global
Magnitsky Human Rights Accountability Act (subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note) with respect to any foreign
person that the President has identified on the list.
(d) Exception for United Nations Headquarters Agreement;
Enforcement.--Subsections (e) and (f) of section 1263 of the Global
Magnitsky Human Rights Accountability Act apply with respect to the
imposition of sanctions under this section to the same extent as such
subsections apply with respect to the imposition of sanctions under
such section 1263.
(e) Waiver for National Interests.--The President may waive the
imposition of sanctions under subsection (c) if the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to the appropriate congressional committees
notice of, and a justification for, the waiver.
(f) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(g) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 8. REPORT ON HUMAN RIGHTS ABUSES IN CHINA'S XINJIANG UIGHUR
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 submit to the appropriate congressional
committees and make available on the website of the Department of State
a report on human rights abuses in the Xinjiang Uighur Autonomous
Region.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of the number of individuals detained in
political ``reeducation camps'' in the region and conditions in
the camps for detainees, including an assessment, to the extent
practicable, of whether detainees endure torture, efforts at
forced renunciation of their faith, or other mistreatment.
(2) An assessment of, to the extent practicable, the number
of individuals in the region in highly-controlled forced labor
camps.
(3) A description of the methods used by People's Republic
of China authorities to ``reeducate'' Uighur detainees,
including an identification of the Chinese agencies in charge
of such reeducation.
(4) An assessment of the use and nature of forced labor in
and related to the detention of Turkic Muslims in the Xinjiang
Uighur Autonomous Region, and a description of foreign
companies and industries benefitting from such labor in the
region.
(5) An assessment of the level of access to the region
Chinese authorities grant to foreign diplomats and consular
agents, independent journalists, and representatives of
nongovernmental organizations.
(6) An assessment of the repressive surveillance,
detection, and control methods used by Chinese authorities in
the region.
(7) 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 region
and to protect asylum seekers from the region.
SEC. 9. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS OF
CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO SUPPRESS
INDIVIDUAL PRIVACY, FREEDOM, AND OTHER BASIC HUMAN
RIGHTS.
(a) Statement of Policy.--It is the policy of the United States to
protect the basic human rights of Uighurs and other ethnic minorities
in the People's Republic of China.
(b) List of Covered Items.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and as appropriate thereafter, the
President--
(A) shall identify those items that provide a
critical capability to the Government of the People's
Republic of China, or any person acting on behalf of
such Government, to suppress individual privacy,
freedom of movement, and other basic human rights,
specifically through--
(i) surveillance, interception, and
restriction of communications;
(ii) monitoring of individual location or
movement or restricting individual movement;
(iii) monitoring or restricting access to
and use of the internet;
(iv) monitoring or restricting use of
social media;
(v) identification of individuals through
facial recognition, voice recognition, or
biometric indicators;
(vi) detention of individuals who are
exercising basic human rights; and
(vii) forced labor in manufacturing; and
(B) shall, pursuant to the Export Control Reform
Act of 2018 (50 U.S.C. 4801 et seq.), include items
identified pursuant to subparagraph (A) on the Commerce
Control List in a category separate from other items,
as appropriate, on the Commerce Control List.
(2) Support and cooperation.--Upon request, the head of a
Federal agency shall provide full support and cooperation to
the President in carrying out this subsection.
(3) Consultation.--In carrying out this subsection, the
President shall consult with the relevant technical advisory
committees of the Department of Commerce to ensure that the
composition of items identified under paragraph (1)(A) and
included on the Commerce Control List under paragraph (1)(B)
does not unnecessarily restrict commerce between the United
States and the People's Republic of China, consistent with the
purposes of this section.
(c) Special License or Other Authorization.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, the President shall,
pursuant to the Export Control Reform Act of 2018 (50 U.S.C.
4801 et seq.), require a license or other authorization for the
export, reexport, or in-country transfer to or within the
People's Republic of China of an item identified pursuant to
subsection (b)(1)(A) and included on the Commerce Control List
pursuant to subsection (b)(1)(B).
(2) Presumption of denial.--An application for a license or
other authorization described in paragraph (1) shall be subject
to a presumption of denial.
(3) Public notice and comment.--The President shall provide
for notice and public comment with respect actions necessary to
carry out this subsection.
(d) International Coordination and Multilateral Controls.--It shall
be the policy of the United States to seek to harmonize United States
export control regulations with international export control regimes
with respect to the items identified pursuant to subsection (b)(1)(A),
including through the Wassenaar Arrangement and other bilateral and
multilateral mechanisms involving countries that export such items.
(e) Termination of Suspension of Certain Other Programs and
Activities.--Section 902(b)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 22 U.S.C. 2151
note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``and China's Xinjiang Uighur Autonomous Region'' after
``Tibet'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking ``or'' after the
semicolon and inserting ``and''; and
(4) by adding the following new subparagraph:
``(F) the ending of the mass internment of ethnic
Uighurs and other Turkic Muslims in the Xinjiang Uighur
Autonomous Region, including the intrusive system of
high-tech surveillance and policing in the region;
or''.
(f) Definitions.--In this section:
(1) Commerce control list.--The term ``Commerce Control
List'' means the list set forth in Supplement No. 1 to part 774
of the Export Administration Regulations under subchapter C of
chapter VII of title 15, Code of Federal Regulations.
(2) Export, in-country transfer, item, and reexport.--The
terms ``export'', ``in-country transfer'', ``item'', and
``reexport'' have the meanings given such terms in section 1742
of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
Attest:
Clerk.
116th CONGRESS
1st Session
S. 178
_______________________________________________________________________
AMENDMENT