Text: S.178 — 116th Congress (2019-2020)All Information (Except Text)

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Engrossed Amendment House (12/03/2019)

 
[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

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