[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8124 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8124
To expand the imposition of sanctions under the Uyghur Human Rights
Policy Act of 2020 with respect to human rights abuses in the Xinjiang
Uyghur Autonomous Region of the People's Republic of China and to
counter the genocidal policies of the Government of the People's
Republic of China.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2024
Mr. Smith of New Jersey (for himself and Mr. Suozzi) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on the Judiciary, Financial Services,
Ways and Means, Oversight and Accountability, and House Administration,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To expand the imposition of sanctions under the Uyghur Human Rights
Policy Act of 2020 with respect to human rights abuses in the Xinjiang
Uyghur Autonomous Region of the People's Republic of China and to
counter the genocidal policies of the Government of the People's
Republic of 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 Genocide
Accountability and Sanctions Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expansion of sanctions under Uyghur Human Rights Policy Act of
2020.
Sec. 3. Sense of Congress on application of sanctions under Uyghur
Human Rights Policy Act of 2020.
Sec. 4. Denial of United States entry for individuals complicit in
forced abortions or forced sterilizations.
Sec. 5. Physical and psychological support for Uyghurs, Kazakhs, and
other ethnic groups.
Sec. 6. Preservation of cultural and linguistic heritage of ethnic
groups oppressed by the People's Republic
of China.
Sec. 7. Determination of whether actions of certain Chinese entities
meet criteria for imposition of sanctions.
Sec. 8. Countering propaganda from the People's Republic of China about
genocide.
Sec. 9. Documenting atrocities in the Xinjiang Uyghur Autonomous
Region.
Sec. 10. Prohibition on certain United States Government agency
contracts.
Sec. 11. Strategy to deter and disrupt forced organ harvesting in the
Xinjiang Uyghur Autonomous Region.
SEC. 2. EXPANSION OF SANCTIONS UNDER UYGHUR HUMAN RIGHTS POLICY ACT OF
2020.
(a) In General.--Section 6 of the Uyghur Human Rights Policy Act of
2020 (Public Law 116-145; 22 U.S.C. 6901 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``persons in Xinjiang Uyghur
Autonomous Region'' and inserting ``persons
residing in the Xinjiang Uyghur Autonomous
Region or members of those groups in countries
outside of the People's Republic of China'';
(ii) by inserting after subparagraph (F)
the following:
``(G) Systematic rape, coercive abortion, forced
sterilization, or involuntary contraceptive
implantation policies and practices.
``(H) Human trafficking for the purpose of organ
removal.
``(I) Forced separation of children from their
parents to be placed in boarding schools.
``(J) Forced deportation or refoulement to the
People's Republic of China.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Additional matters to be included.--The President
shall include in the report required by paragraph (1) an
identification of--
``(A) each foreign person that knowingly provides
significant goods, services, or technology to or for a
person identified in the report; and
``(B) each foreign person that knowingly engages in
a significant transaction relating to any of the acts
described in subparagraphs (A) through (J) of paragraph
(1).'';
(2) in subsection (b), by striking ``subsection (a)(1)''
and inserting ``subsection (a)''; and
(3) by amending subsection (d) to read as follows:
``(d) Implementation; Regulatory Authority.--
``(1) Implementation.--The President may exercise all
authorities provided under section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702) to carry out
this section.
``(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as necessary to carry out
this section.''.
(b) Effective Date; Applicability.--The amendments made by this
section--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to the first report required by
section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020
submitted after such date of enactment.
SEC. 3. SENSE OF CONGRESS ON APPLICATION OF SANCTIONS UNDER UYGHUR
HUMAN RIGHTS POLICY ACT OF 2020.
(a) Finding.--Congress finds that, as of the date of the enactment
of this Act the sanctions provided for under that Act have been
employed once since passage of the Uyghur Human Rights Policy Act in
2020, even though genocide and other horrific human rights abuses
continue to occur.
(b) Sense of Congress.--It is the sense of Congress that the
President should employ the sanctions provided for under the Uyghur
Human Rights Policy Act of 2020--
(1) to address ongoing atrocities, including the use of
forced labor and the arbitrary detention of the families of
United States citizens and residents, in the Xinjiang Uyghur
Autonomous Region of the People's Republic of China; and
(2) to hold entities and officials of the People's Republic
of China accountable for atrocities.
SEC. 4. DENIAL OF UNITED STATES ENTRY FOR INDIVIDUALS COMPLICIT IN
FORCED ABORTIONS OR FORCED STERILIZATIONS.
Section 801 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (Public Law
106-113; 8 U.S.C. 1182e) is amended--
(1) in subsection (a), by striking ``may not'' each place
it appears and inserting ``shall not'';
(2) by striking subsection (c) and inserting the following:
``(c) Waiver.--The Secretary of State may waive the prohibitions in
subsection (a) with respect to a foreign national if the Secretary--
``(1) determines that--
``(A) the foreign national is not directly
complicit in atrocities, specifically the oversight of
programs or policies the intent of which is to destroy,
in whole or in part, a national, ethnic, racial, or
religious group through the use of forced
sterilization, forced abortion, or other egregious
population control policies;
``(B) admitting or paroling the foreign national
into the United States is necessary--
``(i) to permit the United States to comply
with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success
on June 26, 1947, and entered into force
November 21, 1947, between the United Nations
and the United States, or other applicable
international obligations of the United States;
or
``(ii) to carry out or assist law
enforcement activity of the United States; and
``(C) it is important to the national security
interest of the United States to admit or parole the
foreign national into the United States; and
``(2) provides written notification to the appropriate
congressional committees containing a justification for the
waiver.
``(d) Notice.--The Secretary of State shall make a public
announcement whenever the prohibitions under subsection (a) are imposed
under this section.
``(e) Information Requested by Congress.--The Secretary of State,
upon the request of a Member of Congress, shall provide--
``(1) information about the use of the prohibitions under
subsection (a), including the number of times such prohibitions
were imposed, disaggregated by country and by year; or
``(2) a classified briefing that includes information about
the individuals subject to such prohibitions or subject to
sanctions under any other Act authorizing the imposition of
sanctions with respect to the conduct of such individuals.''.
SEC. 5. PHYSICAL AND PSYCHOLOGICAL SUPPORT FOR UYGHURS, KAZAKHS, AND
OTHER ETHNIC GROUPS.
(a) Authorization.--
(1) In general.--Using funds appropriated to the Department
of State in annual appropriations bills under the heading
``development assistance'', the Secretary of State, in
conjunction and in consultation with the Administrator of the
United States Agency for International Development, is
authorized, subject to the requirements under chapters 1 and 10
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) and section 634A of such Act (22 U.S.C. 2394-1)--
(A) to provide the assistance described in
paragraph (2) to individuals who--
(i) belong to the Uyghur, Kazakh, Kyrgyz,
or another oppressed ethnic group in the
People's Republic of China;
(ii) experienced torture, forced
sterilization, rape, forced abortion, forced
labor, or other atrocities in the People's
Republic of China; and
(iii) are residing outside of the People's
Republic of China; and
(B) to build local capacity for the care described
in subparagraph (A) through--
(i) grants to treatment centers and
programs in foreign countries in accordance
with section 130(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2152(b)); and
(ii) research and training to health care
providers outside of such treatment centers or
programs in accordance with section 130(c)(2)
of such Act.
(2) Authorized assistance.--The assistance described in
this paragraph is--
(A) medical care;
(B) physical therapy; and
(C) psychological support.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of State shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives that describes--
(1) the direct care or services provided in foreign
countries for individuals described in subsection (a)(1)(A);
and
(2) any projects started or supported in foreign countries
to provide the care or services described in paragraph (1).
(c) Federal Share.--Not more than 50 percent of the costs of
providing the assistance authorized under subsection (a) may be paid by
the United States Government.
SEC. 6. PRESERVATION OF CULTURAL AND LINGUISTIC HERITAGE OF ETHNIC
GROUPS OPPRESSED BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Finding.--Congress finds that the genocide perpetrated by
officials of the Government of the People's Republic of China in the
Xinjiang Uyghur Autonomous Region aims to erase the distinct cultural
and linguistic heritage of oppressed ethnic groups.
(b) Sense of Congress.--It is the sense of Congress that the United
States Government should use its diplomatic, development, and cultural
activities to promote the preservation of cultural and linguistic
heritages of ethnic groups in the People's Republic of China threatened
by the Chinese Communist Party.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report that assesses the feasibility of establishing
a grant program to assist communities facing threats to their cultural
and linguistic heritage from officials of the Government of the
People's Republic of China.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 for each of fiscal years 2024 through 2027, to
support the establishment of a Repressed Cultures Preservation
Initiative within the Smithsonian Institution to pool Institution-wide
efforts toward research, exhibitions, and education related to the
cultural and linguistic heritage of ethnic and religious groups the
cultures of which are threatened by repressive regimes, including the
Chinese Communist Party.
SEC. 7. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES
MEET CRITERIA FOR IMPOSITION OF SANCTIONS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State and the Attorney General, shall--
(1) determine whether any entity specified in subsection
(b)--
(A) is responsible for or complicit in, or has
directly or indirectly engaged in, serious human rights
abuses against Uyghurs or other predominantly Muslim
ethnic groups in the Xinjiang Uyghur Autonomous Region
of the People's Republic of China; or
(B) meets the criteria for the imposition of
sanctions under--
(i) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.);
(ii) section 6 of the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145; 22
U.S.C. 6901 note);
(iii) section 105, 105A, 105B, or 105C of
the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22
U.S.C. 8514, 8514a, 8514b, and 8514c);
(iv) Executive Order 13818 (50 U.S.C. 1701
note; relating to blocking the property of
persons involved in serious human rights abuse
or corruption), as amended on or after the date
of the enactment of this Act; or
(v) Executive Order 13553 (50 U.S.C. 1701
note; relating to blocking property of certain
persons with respect to serious human rights
abuses by the Government of Iran and taking
certain other actions), as amended on or after
the date of the enactment of this Act;
(2) if the Secretary of the Treasury determines under
paragraph (1) that an entity is responsible for or complicit
in, or has directly or indirectly engaged in, serious human
rights abuses described in subparagraph (A) of that paragraph
or meets the criteria for the imposition of sanctions described
in subparagraph (B) of that paragraph, include the entity on
the list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control; and
(3) submit to Congress a report on that determination that
includes the reasons for the determination.
(b) Entities Specified.--An entity specified in this subsection is
any of the following:
(1) Hangzhou Hikvision Digital Technology Co., Ltd.
(2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group).
(3) Tiandy Technologies Co., Ltd.
(4) Zhejiang Dahua Technology Co., Ltd.
(5) China Electronics Technology Group Co.
(6) Zhejiang Uniview Technologies Co., Ltd.
(7) ByteDance Ltd.
(c) Form of Report.--The report required by subsection (a)(3) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 8. COUNTERING PROPAGANDA FROM THE PEOPLE'S REPUBLIC OF CHINA ABOUT
GENOCIDE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State, in conjunction with the
United States Agency for Global Media, shall submit a strategy to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives for countering
propaganda and other messaging from news and information sources
associated with the Government of the People's Republic of China or
entities associated with the Chinese Communist Party or influenced by
the Chinese Communist Party or the Government of the People's Republic
of China that--
(1) deny the genocide, crimes against humanity, and other
egregious human rights abuses experienced by Uyghurs and other
predominantly Muslim ethnic groups in the Xinjiang Uyghur
Autonomous Region;
(2) spread propaganda regarding the role of the United
States Government in imposing economic and reputational costs
on the Chinese Communist Party or the Government of the
People's Republic of China for its ongoing genocide;
(3) target Uyghurs and other people who publicly oppose the
Government of the People's Republic of China's genocidal
policies and forced labor practices, including the detention
and intimidation of their family members; or
(4) increase pressure on member countries of the United
Nations to deny or defend genocide or other egregious
violations of internationally recognized human rights in the
People's Republic of China within international organizations
and multilateral fora, including at the United Nations Human
Rights Council.
(b) Strategy Elements.--The strategy required under subsection (a)
shall include--
(1) existing messaging strategies and specific broadcasting
efforts to counter the propaganda described in paragraphs (1)
and (2) of subsection (a) and the reach of such strategies and
efforts to audiences targeted by such propaganda;
(2) specific metrics used for determining the success or
failure of the messaging strategies and broadcasting efforts
described in paragraph (1) and an analysis of the impact of
such strategies and efforts;
(3) a description of any new or pilot messaging strategies
and broadcasting efforts expected to be implemented during the
12-month period beginning on the date of the enactment of this
Act and an explanation of the need for such strategies and
efforts;
(4) measurable goals to be completed during the 12-month
period beginning on the date of the enactment of this Act and
tangible outcomes for expanding broadcasting efforts and
countering propaganda; and
(5) estimates of additional funding needed to counter the
propaganda described in paragraphs (1) and (2) of subsection
(a).
(c) Funding.--The Secretary of State is authorized to use amounts
made available for the Countering PRC Influence Fund under section
7043(c)(2) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-103) to
develop and carry out the strategy required under subsection (a).
SEC. 9. DOCUMENTING ATROCITIES IN THE XINJIANG UYGHUR AUTONOMOUS
REGION.
The Secretary of State and the Administrator of the United States
Agency for International Development may provide assistance, including
financial and technical assistance, as necessary and appropriate, to
support the efforts of entities, including nongovernmental
organizations with expertise in international criminal investigations
and law, to address genocide, crimes against humanity, and their
constituent crimes by the Government of the People's Republic of China
by--
(1) collecting, documenting, and archiving evidence,
including the testimonies of victims and visuals from social
media, and preserving the chain of custody for such evidence;
(2) identifying suspected perpetrators of genocide and
crimes against humanity;
(3) conducting criminal investigations of atrocity crimes,
including by developing indigenous investigative and judicial
skills through partnerships, direct mentoring, and providing
the necessary equipment and infrastructure to effectively
adjudicate cases for use in prosecutions in domestic courts,
hybrid courts, and internationalized domestic courts;
(4) supporting investigations conducted by foreign
countries, civil society groups, and multilateral
organizations, such as the United Nations; and
(5) supporting and protecting witnesses participating in
such investigations.
SEC. 10. PROHIBITION ON CERTAIN UNITED STATES GOVERNMENT AGENCY
CONTRACTS.
(a) Prohibition.--The head of an executive agency may not enter
into a contract for the procurement of goods or services with or for
any of the following:
(1) Any person identified in the report required by section
6(a)(1) of the Uyghur Human Rights Policy Act of 2020 (Public
Law 116-145; 22 U.S.C. 6901 note).
(2) Any person that mined, produced, or manufactured goods,
wares, articles, and merchandise detained and denied entry into
the United States by U.S. Customs and Border Protection
pursuant to section 3 of the Act entitled ``An Act to ensure
that goods made with forced labor in the Xinjiang Autonomous
Region of the People's Republic of China do not enter the
United States market, and for other purposes'', approved
December 23, 2021 (Public Law 117-78; 22 U.S.C. 6901 note)
(commonly referred to as the ``Uyghur Forced Labor Prevention
Act'').
(3) Any person that the head of the executive agency
determines, with the concurrence of the Secretary of State,
facilitates the genocide and human rights abuses occurring in
the Xinjiang Uyghur Autonomous Region of the People's Republic
of China.
(4) Any person, program, project, or activity that--
(A) contributes to forced labor, particularly
through the procurement of any goods, wares, articles,
and merchandise mined, produced, or manufactured
wholly, or in part, in the Xinjiang Uyghur Autonomous
Region or by the forced labor of ethnic Uyghurs or
other persecuted individuals or groups in the People's
Republic of China; or
(B) violates internationally recognized labor
rights of individuals or groups in the People's
Republic of China.
(b) Consultations.--The head of each executive agency shall consult
with the Forced Labor Enforcement Task Force, established under section
741 of the United States-Mexico-Canada Agreement Implementation Act (19
U.S.C. 4681), with respect to the implementation of subsection (a)(2).
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit a report on the
implementation of this section to--
(1) the Committee on Finance, the Committee on Foreign
Relations, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means, the Committee on
Foreign Affairs, and the Committee on Oversight and
Accountability of the House of Representatives.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given the term in section 133 of
title 41, United States Code.
SEC. 11. STRATEGY TO DETER AND DISRUPT FORCED ORGAN HARVESTING IN THE
XINJIANG UYGHUR AUTONOMOUS REGION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a strategy to deter and disrupt forced organ harvesting in the People's
Republic of China, including a determination whether the practice has
occurred in the Xinjiang Uyghur Autonomous Region since 2017 and
whether future accountability efforts for genocide or crime against
humanity will include officials complicity in forced organ harvesting.
(b) Matters To Be Included.--The strategy required by subsection
(a) shall include--
(1) specific steps taken and authorities used to deter and
disrupt the practice of illegal organ trafficking and forced
organ harvesting in the People's Republic of China and which
offices in the Department of State are working on this issue;
and
(2) details about the number and level of diplomatic
discussions that have occurred with Member-States of the
Organization of Islamic Cooperation (OIC) on the issue of
forced organ harvesting and organ tourism by citizens of OIC
countries to the People's Republic of China.
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