[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Reported in Senate (RS)]
<DOC>
Calendar No. 99
116th CONGRESS
1st Session
S. 178
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 17, 2019
Mr. Rubio (for himself, Mr. Menendez, Mr. Gardner, Mr. Wyden, Mr.
Cornyn, Mr. Blumenthal, Mr. Daines, Mr. Coons, Mr. Moran, Mr. Kaine,
Mr. Grassley, Mr. Van Hollen, Mr. Cotton, Mr. Merkley, Ms. Warren, Mrs.
Gillibrand, Mr. Markey, Mr. King, Mr. Toomey, Mr. Brown, Mr. Durbin,
Mr. Braun, Mr. Leahy, Mr. Peters, Mr. Sasse, Mr. Cardin, Ms. Collins,
Mr. Sanders, Mrs. Feinstein, Mr. Reed, Mr. Warner, Mr. Murphy, Mr.
Isakson, Mr. Casey, and Mrs. Capito) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
June 3, 2019
Reported by Mr. Risch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Uyghur Human Rights Policy
Act of 2019''.</DELETED>
<DELETED>SEC. 2. STATEMENT OF PURPOSE.</DELETED>
<DELETED> The purpose of this Act is to direct United States
resources to address gross violations of universally recognized human
rights, including the mass internment of over 1,000,000 Uyghurs and
other predominately Muslim ethnic minorities in China and the
intimidation and threats faced by United States citizens and legal
permanent residents.</DELETED>
<DELETED>SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES.</DELETED>
<DELETED> In this section, the term ``appropriate congressional
committees'' means--</DELETED>
<DELETED> (1) the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on
Intelligence, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and</DELETED>
<DELETED> (2) the Committee on Foreign Affairs, the
Committee on Armed Services, the Permanent Select Committee on
Intelligence, the Committee on Financial Services, the
Committee on the Judiciary, and the Committee on Appropriations
of the House of Representatives.</DELETED>
<DELETED>SEC. 4. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (1) The Government of the People's Republic of
China (PRC) has a long history of repressing approximately
13,000,000 Turkic, moderate Sunni Muslims, particularly
Uyghurs, in the nominally autonomous Xinjiang region. These
actions are in contravention of international human rights
standards, including the Universal Declaration of Human Rights
and the International Covenant on Civil and Political
Rights.</DELETED>
<DELETED> (2) In recent decades, central and regional
Chinese government policies have systematically discriminated
against Uyghurs, ethnic Kazakhs, and other Muslims in Xinjiang
by denying them a range of civil and political rights,
including the freedoms of expression, religion, movement, and a
fair trial, among others.</DELETED>
<DELETED> (3) Increased unrest in the Xinjiang region as a
result of the central government's severe repression is used in
Orwellian fashion by the Government of the People's Republic of
China as evidence of ``terrorism'' and ``separatism'' and as an
excuse for further disproportionate response.</DELETED>
<DELETED> (4) In 2014, Chinese authorities launched their
latest ``Strike Hard against Violent Extremism'' campaign, in
which the pretext of wide-scale, internationally linked threats
of terrorism were used to justify pervasive restrictions on,
and gross human rights violations of, the ethnic minority
communities of Xinjiang.</DELETED>
<DELETED> (5) Those policies included--</DELETED>
<DELETED> (A) pervasive, high-tech surveillance
across the region, including the arbitrary collection
of biodata, including DNA samples from children,
without their knowledge or consent;</DELETED>
<DELETED> (B) the use of QR codes outside homes to
gather information on how frequently individuals
pray;</DELETED>
<DELETED> (C) facial and voice recognition software
and ``predictive policing'' databases; and</DELETED>
<DELETED> (D) severe restrictions on the freedom of
movement across the region.</DELETED>
<DELETED> (6) Chinese security forces have never been held
accountable for credible reports of mass shootings in Alaqagha
(2014), Hanerik (2013), and Siriqbuya (2013), as well as the
extrajudicial killings of Abdulbasit Ablimit (2013) and Rozi
Osman (2014).</DELETED>
<DELETED> (7)(A) 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.</DELETED>
<DELETED> (B) Local officials in Xinjiang have used chilling
political rhetoric to describe the purpose of government policy
including ``eradicating tumors'' and ``spray[ing] chemicals''
on crops to kill the ``weeds''.</DELETED>
<DELETED> (C) Uyghurs are forced to celebrate Chinese
cultural traditions, such as Chinese New Year, and unique
Uyghur culture is facing eradication due to state control over
Uyghur cultural heritage, such as muqam (a musical tradition)
and meshrep (traditional cultural gatherings), and due to
elimination of the Uyghur language as a medium of instruction
in Xinjiang schools and universities.</DELETED>
<DELETED> (8) In 2017, credible reports found that family
members of Uyghurs living outside of China had gone missing
inside China, that Chinese authorities were pressuring those
outside the country to return, and that individuals were being
arbitrarily detained in large numbers.</DELETED>
<DELETED> (9) There is ample credible evidence provided by
scholars, human rights organizations, journalists, and think
tanks substantiating the establishment by Chinese authorities
of ``political reeducation'' camps.</DELETED>
<DELETED> (10) Independent organizations conducted
interviews, including testimonies from Kayrat Samarkan, Omir
Bekali, and Mihrigul Tursun, along with others who had been
detained in such facilities, who described forced political
indoctrination, torture, beatings, food deprivation, and
solitary confinement, as well as uncertainty as to the length
of detention, humiliation, and 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. Uyghurs Muhammed Salih Hajim (2018), Yaqupjan Naman
(2018), Abdughappar Abdujappar (2018), Ayhan Memet (2018),
Abdulreshit Seley Hajim (2018), Nurimangul Memet (2018), Adalet
Teyip (2018), Abdulehed Mehsum (2017), Hesen Imin (2017), and
Sawut Raxman (2017) reportedly died while in the custody of the
Chinese authorities in ``political reeducation'' camps, without
proper investigation of the circumstances.</DELETED>
<DELETED> (11) Uyghurs and Kazakhs, who have now obtained
permanent residence or citizenship in other countries, attest
to receiving threats and harassment from Chinese
officials.</DELETED>
<DELETED> (12) Under pressure from the Government of the
People's Republic of China, countries have forcibly returned
Uyghurs to China in violation of the non-refoulement principle
and their well-founded fear of persecution. States returning
Uyghurs include Egypt (2017), the United Arab Emirates (2017),
Malaysia (2011, 2013), Thailand (2011, 2015), Laos (2010),
Burma (2010), Cambodia (2009), Vietnam (2014), Kazakhstan
(1999, 2001, 2003, 2006), Uzbekistan (2007), Tajikistan (2011),
Pakistan (2003, 2009, 2011), Nepal (2002), and India
(2016).</DELETED>
<DELETED> (13) Six journalists for Radio Free Asia's Uyghur
service have publicly detailed abuses their family members in
Xinjiang have endured in response to their work exposing
abusive policies across the region.</DELETED>
<DELETED> (14) Several United States-based companies are
conducting business with Xinjiang authorities without
sufficient due diligence or safeguards to ensure their business
operations do not create or contribute to human rights
violations.</DELETED>
<DELETED> (15) The Government of the People's Republic of
China is increasingly investing in the ``Belt and Road
Initiative'' across Xinjiang and throughout Central Asia,
extending its influence through organizations such as the
Shanghai Cooperation Organization without regard to the
political, cultural, or linguistic rights of ethnic
minorities.</DELETED>
<DELETED> (16) The Secretary of State, Congressional-
Executive Commission on China, Tom Lantos Human Rights
Commission, and individual members of the executive branch and
Congress have all expressed growing concern regarding the
pervasive human rights abuses across Xinjiang and the
``political reeducation'' camps.</DELETED>
<DELETED> (17) In August 2018, the United Nations Committee
to Eliminate Racial Discrimination challenged the Government of
the People's Republic of China over abuses in Xinjiang,
including the establishment of mass arbitrary detention
camps.</DELETED>
<DELETED> (18) Between August and September 2018, Chinese
authorities responded to these allegations by either flatly
denying them or insisting that the facilities are ``vocational
training centers''.</DELETED>
<DELETED> (19) In September 2018, newly appointed 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''.</DELETED>
<DELETED> (20) On September 18, 2018, the Washington Post
editorial board wrote, ``At stake is not just the welfare of
the Uighurs, but also whether the technologies of the 21st
century will be employed to smother human freedom.''</DELETED>
<DELETED> (21) In December 2018 testimony before the
Subcommittee on East Asia, the Pacific, and International
Cybersecurity Policy of the Committee on Foreign Relations of
the Senate, Deputy Assistant Secretary for Democracy, Human
Rights and Labor Scott Busby testified that the number of those
detained in camps since April 2017 was ``at least 800,000 and
possibly more than 2 million''.</DELETED>
<DELETED> (22) In December 2018, independent media reports
pointed to growing evidence of forced labor in the camps, as
well as reports of individuals who have been released from
camps being forced to labor in nearby factories for low wages
under threat of being sent back to ``political reeducation''
camps.</DELETED>
<DELETED> (23) In December 2018 and January 2019, Chinese
officials organized visits to ``political reeducation'' camps
in Xinjiang for a small group of foreign journalists and
diplomats from 12 non-Western countries. In the months
preceding the visits, international media reported that
officials worked to remove security features from some
``political reeducation'' facilities, and coached detainees and
area residents not to make negative comments about the camps.
Reports also indicated that officials had transferred large
numbers of detainees to detention facilities in other parts of
China.</DELETED>
<DELETED> (24) Experts have described the Xinjiang region as
``a police state to rival North Korea, with a formalized racism
on the order of South African apartheid'' and the repression in
the Xinjiang region as a ``slow motion Tiananmen''.</DELETED>
<DELETED>SEC. 5. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the President should condemn abuses against
Turkic Muslims by Chinese authorities in Xinjiang and call on
Chinese President Xi Jinping to recognize the profound abuse
and likely lasting damage of China's current policies, and
immediately close the ``political reeducation'' camps, lift all
restrictions on and ensure respect for internationally
guaranteed human rights across the region, and allow for
reestablishment of contact between those inside and outside
China;</DELETED>
<DELETED> (2) the United States Government should develop a
strategy to support the United Nations High Commissioner for
Human Rights and numerous United Nations Special Rapporteurs'
urgent calls for immediate and unfettered access to Xinjiang,
including the ``political reeducation'' camps and instruct
representatives of the United States at the United Nations to
use the voice and vote of the United States to condemn the mass
arbitrary detainment, torture, and forced labor of Turkic
Muslims in the People's Republic of China;</DELETED>
<DELETED> (3) the Secretary of State should consider the
applicability of existing authorities, including the Global
Magnitsky Act (subtitle F of Public Law 114-328), to impose
targeted sanctions on members of the Government of the People's
Republic of China, the Chinese Communist Party, and state
security apparatus, including Xinjiang Party Secretary Chen
Quanguo and other officials credibly alleged to be responsible
for human rights abuses in Xinjiang and elsewhere;</DELETED>
<DELETED> (4) the Secretary of State should fully implement
the provisions of the Frank Wolf International Religious
Freedom Act (Public Law 114-281) and consider strategically
employing sanctions and other tools under the International
Religious Freedom Act (22 U.S.C. 6401 et seq.) and to employ
measures required as part of the ``Country of Particular
Concern'' (CPC) designation for the Government of the People's
Republic of China that directly address particularly severe
violations of religious freedom;</DELETED>
<DELETED> (5) the Secretary of Commerce should review and
consider the prohibition on the sale or provision of any United
States-made goods or services to any state agent in Xinjiang,
and add the Xinjiang branch of the Chinese Communist Party, the
Xinjiang Public Security Bureau, and the Xinjiang Office of the
United Front Work Department, or any entity acting on their
behalf to facilitate the mass internment or forced labor of
Turkic Muslims, to the ``Entity List'' administered by the
Department of Commerce;</DELETED>
<DELETED> (6) the Secretary of State should explore
appropriate mechanisms to establish a voluntary database to
which United States citizens or permanent resident family
members of the Uyghur diaspora can provide details about
missing family members, with a view towards pressing for
information and accountability from the Government of the
People's Republic of China, and take appropriate measures to
expedite the asylum claims of Uyghurs, Kazakhs, and other
Turkic Muslim minorities;</DELETED>
<DELETED> (7) United States companies and individuals
selling goods or services or otherwise operating in Xinjiang
should take steps, including in any public or financial
filings, to publicly assert that their commercial activities
are not contributing to human rights violations in Xinjiang or
elsewhere in China and that their supply chains are not
compromised by forced labor;</DELETED>
<DELETED> (8) the Federal Bureau of Investigation and
appropriate United States law enforcement entities should track
and take steps to hold accountable officials from China who
harass, threaten, or intimidate United States citizens and
legal permanent residents, including Turkic Muslims, Uyghur-
Americans, Chinese-Americans, and Chinese nationals legally
studying or working in the United States;</DELETED>
<DELETED> (9) the Secretary of State should work with
traditional United States allies and partners to take similar
steps and coordinate closely on targeted sanctions and visa
restrictions; and</DELETED>
<DELETED> (10) the work of Radio Free Asia's Uyghur language
service should be commended for providing a detailed and
accurate account of current events facing Uyghurs and other
ethnic minorities in China despite efforts by the Government of
the People's Republic of China to intimidate their reporting
through threats and detention of family members living in
China.</DELETED>
<DELETED>SEC. 6. NATIONAL SECURITY REPORT.</DELETED>
<DELETED> (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 provide to the
appropriate congressional committees a classified and unclassified
report to assess national and regional security threats posed by the
crackdown across Xinjiang, the frequency with which Central and
Southeast Asian governments are forcibly returning Turkic Muslim
refugees and asylum seekers, and the transfer or development of
technology used by the Government of the People's Republic of China
that facilitates the mass internment and surveillance of Turkic
Muslims, including technology relating to predictive policing and
large-scale data collection and analysis.</DELETED>
<DELETED> (b) Annex.--The report required under subsection (a) shall
include an annex with a list of all Chinese companies involved in the
construction or operation of the ``political education'' camps, and the
provision or operation of surveillance technology or operations, across
Xinjiang.</DELETED>
<DELETED>SEC. 7. PROTECTING CITIZENS AND RESIDENTS OF THE UNITED STATES
FROM INTIMIDATION AND COERCION.</DELETED>
<DELETED> (a) In General.--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
provide a report to the appropriate congressional committees that
outlines any and all efforts to provide information to and 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 by officials or
agents of the Government of the People's Republic of China and the
Communist Party within the United States and those whose families in
China have experienced threats or detention because of their work or
advocacy.</DELETED>
<DELETED> (b) Database of Detained Family Members of United States
Citizens and Residents.--The Secretary of State should explore
appropriate mechanisms to establish a voluntary database to which
United States citizens or permanent resident family members of the
Uyghur diaspora can provide details about missing family members, with
a view towards pressing for information and accountability from the
Government of the People's Republic of China and to take appropriate
measures to expedite the asylum claims of Uyghurs, Kazakhs, and other
Turkic Muslim minorities.</DELETED>
<DELETED>SEC. 8. REPORT ON PUBLIC DIPLOMACY.</DELETED>
<DELETED> (a) Report.--Not later than 120 days after the date of the
enactment of this Act, the CEO of the United States Agency for Global
Media shall submit to the appropriate congressional committees a report
that--</DELETED>
<DELETED> (1) describes the current status and reach of
United States broadcasting to the Xinjiang region and Uyghur
speaking communities globally, barriers to the free flow of
news and information to these communities, and, if appropriate,
detailed technical and fiscal requirements necessary to
increase broadcasting and other media to these communities
globally;</DELETED>
<DELETED> (2) describes efforts to intimidate Radio Free
Asia and Voice of America reporters reporting on human rights
issues in the People's Republic of China; and</DELETED>
<DELETED> (3) in consultation with the Global Engagement
Center at the Department of State, describes and assesses
disinformation and propaganda by the Government of the People's
Republic of China or other members of the Shanghai Cooperation
Organization targeting Uyghur communities globally and efforts
to downplay gross violations of universally recognized human
rights occurring in the Xinjiang region and any activities or
programs that address these efforts.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
the journalists of the Uyghur language service of Radio Free Asia
should be highly commended for their reporting on the human rights and
political situation in Xinjiang despite efforts to silence or
intimidate their reporting through the detention of family members and
relatives by the Government of the People's Republic of
China.</DELETED>
<DELETED>SEC. 9. ANNUAL REPORT.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
State, after consulting relevant Federal agencies and civil society
organizations, shall submit to the appropriate congressional committees
and make available on the website of Department of State an interagency
report that includes--</DELETED>
<DELETED> (1) an assessment of the number of individuals
detained in political ``reeducation camps'' and conditions in
the camps for detainees in the Xinjiang region, including
whether detainees endure torture, forced renunciation of faith,
or other mistreatment;</DELETED>
<DELETED> (2) a description, as possible, of the geographic
location of the camps and estimates of the number of people
detained in such facilities;</DELETED>
<DELETED> (3) a description, as possible, of the methods
used by People's Republic of China authorities to ``reeducate''
Uyghur detainees as well as the People's Republic of China
agencies in charge of reeducation;</DELETED>
<DELETED> (4) an assessment of the number of individuals
being arbitrarily detained, including in pretrial detention
centers and prisons;</DELETED>
<DELETED> (5) an assessment of forced labor in the camps and
in regional factories for low wages under threat of being sent
back to ``political reeducation'' camps;</DELETED>
<DELETED> (6) a list of Chinese companies and industries
benefiting from such labor, and a description of actions taken
to address forced labor in Xinjiang concurrent with the
People's Republic of China's Tier 3 designation under the 2018
Trafficking in Persons Report;</DELETED>
<DELETED> (7) an assessment of the level of access People's
Republic of China authorities grant to diplomats, journalists,
and others to the Xinjiang region and a description of measures
used to impede efforts to monitor human rights conditions in
the Xinjiang region;</DELETED>
<DELETED> (8) an assessment of the repressive surveillance,
detection, and control methods used by People's Republic of
China authorities in the Xinjiang region, and a list of
individuals who hold senior leadership positions and are
responsible for ``high-tech'' policing, mass incarceration, and
reeducation efforts targeting Uyghur and other predominately
Muslim ethnic minorities in the Xinjiang region; and</DELETED>
<DELETED> (9) a description of United States diplomatic
efforts to address the gross violations of universally
recognized rights in the Xinjiang region and to protect asylum
seekers from the region, including in multilateral institutions
and through bilateral relations with the People's Republic of
China, the nations of the Organization of Islamic Cooperation
(OIC), and other countries.</DELETED>
<DELETED> (b) Termination.--The Secretary of State may terminate the
report required under subsection (a) if the Secretary certifies to the
appropriate congressional committees that the gross violations of
universally recognized human rights and mass detention of Uyghurs and
other predominately Muslim ethnic minorities have ended in the Xinjiang
region.</DELETED>
<DELETED>SEC. 10. SPECIAL COORDINATOR AT THE DEPARTMENT OF
STATE.</DELETED>
<DELETED> (a) In General.--The Secretary of State should consider
the establishment of a new position within the Department of State, the
United States Special Coordinator for Xinjiang, who will coordinate
diplomatic, political, public diplomacy, financial assistance,
sanctions, counterterrorism, security resources, and congressional
reporting requirements within the United States Government to respond
to the gross violations of universally recognized human rights
occurring in the Xinjiang region, including by addressing the mass
detentions of Uyghurs and other predominantly Muslim ethnic minorities,
the deployment of technologically advanced surveillance and police
detection methods, and the counterterrorism and counter-radicalism
claims used to justify the policies of the Government of the People's
Republic of China in Xinjiang.</DELETED>
<DELETED> (b) Appointment.--If the Secretary determines that
establishment of the position described in subsection (a) is
appropriate, the Secretary may appoint the Special Coordinator from
among officers and employees of the Department of State. The Secretary
may allow such officer or employee to retain the position (and the
responsibilities associated with such position) held by such officer or
employee prior to the appointment of such officer or employee to the
position of Special Coordinator.</DELETED>
<DELETED> (c) Termination.--The Secretary of State may terminate the
Special Coordinator position 45 days after certifying to the
appropriate congressional committees that the gross violations of
universally recognized human rights and mass detention of Uyghurs and
other predominately Muslim ethnic minorities have ended in the Xinjiang
region.</DELETED>
<DELETED> (d) Consultation.--The Secretary shall consult with the
chairman and ranking minority members of the appropriate congressional
committees prior to the designation of the Special Coordinator under
this section.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uyghur Human Rights Policy Act of
2019''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to direct United States resources to
address gross violations of universally recognized human rights,
including the mass internment of over 1,000,000 Uyghurs and other
predominately Muslim ethnic minorities in China and the intimidation
and threats faced by United States citizens and legal permanent
residents.
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, the Committee
on the Judiciary, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on Intelligence,
the Committee on Financial Services, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives.
SEC. 4. FINDINGS.
Congress makes the following findings:
(1) The Government of the People's Republic of China has a
long history of repressing approximately 13,000,000 Turkic,
moderate Sunni Muslims, particularly Uyghurs, in the nominally
autonomous Xinjiang region. These actions are in contravention
of international human rights standards, including the
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights.
(2) In recent decades, central and regional Chinese
government policies have systematically discriminated against
Uyghurs, ethnic Kazakhs, and other Muslims in Xinjiang by
denying them a range of civil and political rights, including
the freedoms of expression, religion, movement, and a fair
trial, among others.
(3) Increased unrest in the Xinjiang region as a result of
the central government's severe repression is used in Orwellian
fashion by the Government of the People's Republic of China as
evidence of ``terrorism'' and ``separatism'' and as an excuse
for further disproportionate response.
(4) In 2014, Chinese authorities launched their latest
``Strike Hard against Violent Extremism'' campaign, in which
the pretext of wide-scale, internationally linked threats of
terrorism were used to justify pervasive restrictions on, and
gross human rights violations against, the ethnic minority
communities of Xinjiang.
(5) Those policies included--
(A) pervasive, high-tech surveillance across the
region, including the arbitrary collection of biodata,
such as DNA samples from children, without their
knowledge or consent;
(B) the use of QR codes outside homes to gather
information on how frequently individuals pray;
(C) facial and voice recognition software and
``predictive policing'' databases; and
(D) severe restrictions on the freedom of movement
across the region.
(6) Chinese security forces have never been held
accountable for credible reports of mass shootings in Alaqagha
(2014), Hanerik (2013), and Siriqbuya (2013), as well as the
extrajudicial killings of Abdulbasit Ablimit (2013) and Rozi
Osman (2014).
(7)(A) 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.
(B) Local officials in Xinjiang have used chilling
political rhetoric to describe the purpose of government
policy, including ``eradicating tumors'' and ``spray[ing]
chemicals'' on crops to kill the ``weeds''.
(C) Uyghurs are forced to celebrate Chinese cultural
traditions, such as Chinese New Year, and unique Uyghur culture
is facing eradication due to state control over Uyghur cultural
heritage, such as muqam (a musical tradition) and meshrep
(traditional cultural gatherings), and due to elimination of
the Uyghur language as a medium of instruction in Xinjiang
schools and universities.
(8) In 2017, credible reports found that family members of
Uyghurs living outside of China had gone missing inside China,
that Chinese authorities were pressuring those outside the
country to return, and that individuals were being arbitrarily
detained in large numbers.
(9) There is ample credible evidence provided by scholars,
human rights organizations, journalists, and think tanks
substantiating the establishment by Chinese authorities of
``political reeducation'' camps.
(10) Independent organizations conducted interviews,
including testimonies from Kayrat Samarkan, Omir Bekali, and
Mihrigul Tursun, along with others who had been detained in
such facilities, who described forced political indoctrination,
torture, beatings, food deprivation, and solitary confinement,
as well as uncertainty as to the length of detention,
humiliation, and 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.
Uyghurs Muhammed Salih Hajim (2018), Yaqupjan Naman (2018),
Abdughappar Abdujappar (2018), Ayhan Memet (2018), Abdulreshit
Seley Hajim (2018), Nurimangul Memet (2018), Adalet Teyip
(2018), Abdulehed Mehsum (2017), Hesen Imin (2017), and Sawut
Raxman (2017) reportedly died while in the custody of the
Chinese authorities in ``political reeducation'' camps, without
proper investigation of the circumstances.
(11) Uyghurs and Kazakhs, who have now obtained permanent
residence or citizenship in other countries, attest to
receiving threats and harassment from Chinese officials.
(12) Under pressure from the Government of the People's
Republic of China, countries have forcibly returned Uyghurs to
China in violation of the non-refoulement principle and their
well-founded fear of persecution. States returning Uyghurs
include Egypt, Malaysia, Thailand, Laos, Burma, Cambodia,
Vietnam, Kazakhstan, Uzbekistan, Tajikistan, Pakistan, Nepal,
and India.
(13) Six journalists for Radio Free Asia's Uyghur service
have publicly detailed abuses their family members in Xinjiang
have endured in response to their work exposing abusive
policies across the region.
(14) Several United States-based companies are conducting
business with Xinjiang authorities without sufficient due
diligence or safeguards to ensure their business operations do
not create or contribute to human rights violations.
(15) The Government of the People's Republic of China is
increasingly investing in the ``Belt and Road Initiative''
across Xinjiang and throughout Central Asia, extending its
influence through organizations such as the Shanghai
Cooperation Organization without regard to the political,
religious, cultural, or linguistic rights of ethnic minorities.
(16) The Secretary of State, Congressional-Executive
Commission on China, Tom Lantos Human Rights Commission, and
individual members of the executive branch and Congress have
all expressed growing concern regarding the pervasive human
rights abuses across Xinjiang and the ``political reeducation''
camps.
(17) In August 2018, the United Nations Committee to
Eliminate Racial Discrimination challenged the Government of
the People's Republic of China over abuses in Xinjiang,
including the establishment of mass arbitrary detention camps.
(18) Between August and September 2018, Chinese authorities
responded to these allegations by either flatly denying them or
insisting that the facilities are ``vocational training
centers''.
(19) In September 2018, newly appointed 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''.
(20) On September 18, 2018, the Washington Post editorial
board wrote, ``At stake is not just the welfare of the Uighurs,
but also whether the technologies of the 21st century will be
employed to smother human freedom.''
(21) In December 2018 testimony before the Subcommittee on
East Asia, the Pacific, and International Cybersecurity Policy
of the Committee on Foreign Relations of the Senate, Deputy
Assistant Secretary for Democracy, Human Rights and Labor Scott
Busby testified that the number of those detained in camps
since April 2017 was ``at least 800,000 and possibly more than
2 million''.
(22) In December 2018, independent media reports pointed to
growing evidence of forced labor in the camps, as well as
reports of individuals who have been released from camps being
forced to labor in nearby factories for low wages under threat
of being sent back to ``political reeducation'' camps.
(23) In December 2018 and January 2019, Chinese officials
organized visits to ``political reeducation'' camps in Xinjiang
for a small group of foreign journalists and diplomats from 12
non-Western countries. In the months preceding the visits,
international media reported that officials worked to remove
security features from some ``political reeducation''
facilities, and coached detainees and area residents not to
make negative comments about the camps. Reports also indicated
that officials had transferred large numbers of detainees to
detention facilities in other parts of China.
(24) Experts have described the Xinjiang region as ``a
police state to rival North Korea, with a formalized racism on
the order of South African apartheid'' and the repression in
the Xinjiang region as a ``slow motion Tiananmen''.
(25) On December 31, 2018, President Donald J. Trump signed
into law the Asia Reassurance Initiative Act of 2018 (Public
Law 105-409), which condemned China's ``forced disappearances,
extralegal detentions, invasive and omnipresent surveillance,
and lack of due process in judicial proceedings,'' authorized
funding to promote democracy, human rights, and the rule of law
in China, and supported sanctions designations against any
entity or individual that--
(A) violates human rights or religious freedoms; or
(B) engages in censorship activities.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should condemn abuses against Turkic
Muslims by Chinese authorities in Xinjiang and call on Chinese
President Xi Jinping to recognize the profound abuse and likely
lasting damage of China's current policies, and immediately
close the ``political reeducation'' camps, lift all
restrictions on and ensure respect for internationally
guaranteed human rights across the region, and allow for
reestablishment of contact between those inside and outside
China;
(2) the United States Government should develop a strategy
to support the United Nations High Commissioner for Human
Rights and numerous United Nations Special Rapporteurs' urgent
calls for immediate and unfettered access to Xinjiang,
including the ``political reeducation'' camps, and instruct
representatives of the United States at the United Nations to
use the voice and vote of the United States to condemn the mass
arbitrary detainment, torture, and forced labor of Turkic
Muslims in the People's Republic of China;
(3) the Secretary of State should consider the
applicability of existing authorities, including the Global
Magnitsky Act (subtitle F of Public Law 114-328), to impose
targeted sanctions on members of the Government of the People's
Republic of China, the Chinese Communist Party, and state
security apparatus, including Xinjiang Party Secretary Chen
Quanguo and other officials credibly alleged to be responsible
for human rights abuses in Xinjiang and elsewhere;
(4) the Secretary of State should fully implement the
provisions of the Frank Wolf International Religious Freedom
Act (Public Law 114-281) and consider strategically employing
sanctions and other tools under the International Religious
Freedom Act (22 U.S.C. 6401 et seq.) and to employ measures
required as part of the ``Country of Particular Concern'' (CPC)
designation for the Government of the People's Republic of
China that directly address particularly severe violations of
religious freedom;
(5) the Secretary of Commerce should review and consider
prohibiting the sale or provision of any United States-made
goods or services to any state agent in Xinjiang, and adding
the Xinjiang branch of the Chinese Communist Party, the
Xinjiang Public Security Bureau, and the Xinjiang Office of the
United Front Work Department, or any entity acting on their
behalf to facilitate the mass internment or forced labor of
Turkic Muslims, to the ``Entity List'' administered by the
Department of Commerce;
(6) United States companies and individuals selling goods
or services or otherwise operating in Xinjiang should take
steps, including in any public or financial filings, to
publicly assert that their commercial activities are not
contributing to human rights violations in Xinjiang or
elsewhere in China and that their supply chains are not
compromised by forced labor;
(7) the Federal Bureau of Investigation and appropriate
United States law enforcement entities should track and take
steps to hold accountable officials from China who harass,
threaten, or intimidate not only United States citizens and
legal permanent residents, including Turkic Muslims, Uyghur-
Americans, and Chinese-Americans, but also Chinese nationals
legally studying or working in the United States;
(8) the Secretary of State should work with traditional
United States allies and partners to take similar steps and
coordinate closely on targeted sanctions and visa restrictions;
(9) the Secretary of State should appoint a United States
Special Coordinator for Xinjiang, from officers and employees
of the Department of State, who will coordinate diplomatic,
political, public diplomacy, financial assistance, sanctions,
counterterrorism, security resources, and congressional
reporting requirements within the United States Government to
respond to the gross violations of universally recognized human
rights occurring in the Xinjiang region, including by
addressing--
(A) the mass detentions of Uyghurs and other
predominantly Muslim ethnic minorities;
(B) the deployment of technologically advanced
surveillance and police detection methods; and
(C) the counterterrorism and counter-radicalism
claims used to justify the policies of the Government
of the People's Republic of China in Xinjiang;
(10) the United States Special Coordinator for Xinjiang
position should continue until the mass surveillance and
internment of Uyghurs and other predominantly Muslim ethnic
minorities has ended and all detainees released; and
(11) the full and timely implementation of sections 408,
409, and 410 of the Asia Reassurance Initiative Act of 2018
(Public Law 115-409) is critical to demonstrating unwavering
support by the United States for the universally recognized
human rights of all ethnic, cultural, and religious minorities
in China, including Muslim minorities in Xinjiang.
SEC. 6. NATIONAL SECURITY REPORT.
(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 provide to the
appropriate congressional committees a report to assess national and
regional security threats posed by the crackdown across Xinjiang, the
frequency with which Central and Southeast Asian governments are
forcibly returning Turkic Muslim refugees and asylum seekers, and the
transfer or development of technology used by the Government of the
People's Republic of China that facilitates the mass internment and
surveillance of Turkic Muslims, including technology relating to
predictive policing and large-scale data collection and analysis.
(b) Annex.--The report required under subsection (a) shall include
an unclassified annex with a list of all Chinese companies involved in
the construction or operation of the ``political education'' camps, and
the provision or operation of surveillance technology or operations,
across Xinjiang.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in an unclassified form but may contain a classified
annex.
SEC. 7. PROTECTING CITIZENS AND RESIDENTS OF THE UNITED STATES FROM
INTIMIDATION AND COERCION.
(a) In General.--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
provide a report to the appropriate congressional committees that
outlines any and all efforts to provide information to and 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 by officials or
agents of the Government of the People's Republic of China and the
Communist Party within the United States and those whose families in
China have experienced threats or detention because of their work or
advocacy.
(b) Database of Detained Family Members of United States Citizens
and Residents.--The Secretary of State should explore appropriate
mechanisms to establish a voluntary database to which United States
citizens or permanent resident family members of the Uyghur diaspora
can provide details about missing family members, with a view towards
pressing for information and accountability from the Government of the
People's Republic of China and to take appropriate measures to expedite
the asylum claims of Uyghurs, Kazakhs, and other Turkic Muslim
minorities.
SEC. 8. REPORT ON PUBLIC DIPLOMACY.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the CEO of the United States Agency for Global
Media shall submit to the appropriate congressional committees a report
that--
(1) describes the current status and reach of United States
broadcasting to the Xinjiang region and Uyghur speaking
communities globally, barriers to the free flow of news and
information to these communities, and, if appropriate, detailed
technical and fiscal requirements necessary to increase
broadcasting and other media to these communities globally;
(2) describes efforts to intimidate Radio Free Asia and
Voice of America reporters reporting on human rights issues in
the People's Republic of China; and
(3) in consultation with the Global Engagement Center at
the Department of State, describes and assesses disinformation
and propaganda by the Government of the People's Republic of
China or other members of the Shanghai Cooperation Organization
targeting Uyghur communities globally and efforts to downplay
gross violations of universally recognized human rights
occurring in the Xinjiang region and any activities or programs
that address these efforts.
(b) Statement of Policy.--It is the policy of the United States to
commend and support the journalists of the Uyghur language service of
Radio Free Asia for their reporting on the human rights and political
situation in Xinjiang despite efforts to silence or intimidate their
reporting through the detention of family members and relatives by the
Government of the People's Republic of China.
SEC. 9. REPORT AND SEMI-ANNUAL BRIEFING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, after consulting
relevant Federal agencies and civil society organizations, shall submit
to the appropriate congressional committees and make available on the
website of the Department of State an interagency report that
includes--
(1) an assessment of the number of individuals detained in
political ``reeducation camps'' and conditions in the camps for
detainees in the Xinjiang region, including whether detainees
endure torture, forced renunciation of faith, or other
mistreatment;
(2) a description, as possible, of the geographic location
of the camps and estimates of the number of people detained in
such facilities;
(3) a description, as possible, of the methods used by
People's Republic of China authorities to ``reeducate'' Uyghur
detainees, as well as the People's Republic of China agencies
in charge of reeducation;
(4) an assessment of the number of individuals being
arbitrarily detained, including in pretrial detention centers
and prisons;
(5) an assessment of forced labor in the camps and in
regional factories for low wages under threat of being sent
back to ``political reeducation'' camps;
(6) a list of Chinese companies and industries benefitting
from such labor, and a description of actions taken to address
forced labor in Xinjiang concurrent with the People's Republic
of China's Tier 3 designation under the 2018 Trafficking in
Persons Report;
(7) an assessment of the level of access People's Republic
of China authorities grant to diplomats, journalists, and
others to the Xinjiang region and a description of measures
used to impede efforts to monitor human rights conditions in
the Xinjiang region;
(8) an assessment of the repressive surveillance,
detection, and control methods used by People's Republic of
China authorities in the Xinjiang region, and a list of
individuals who hold senior leadership positions and are
responsible for ``high-tech'' policing, mass incarceration, and
reeducation efforts targeting Uyghur and other predominately
Muslim ethnic minorities in the Xinjiang region;
(9) a description of United States diplomatic efforts to
address the gross violations of universally recognized human
rights in the Xinjiang region and to protect asylum seekers
from the region, including in multilateral institutions and
through bilateral relations with the People's Republic of
China, the nations of the Organization of Islamic Cooperation
(OIC), and other countries; and
(10) 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
Xinjiang region and to protect asylum seekers from the region.
(b) Briefing and Supplemental Materials.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State, or the Secretary's designee, shall provide
a briefing to the appropriate congressional committees covering
the subjects listed in subsection (a). At the time of each
briefing, the Department of State shall provide unclassified
written materials detailing the subject matters covered in
paragraphs (1), (2), (4), (6), and (9) of such subsection.
(2) Termination.--The briefing requirement under paragraph
(1) terminates 5 years after the date of the enactment of this
Act.
SEC. 10. REPORT ON SANCTIONS WITH RESPECT TO HUMAN RIGHTS VIOLATIONS IN
THE XINJIANG REGION OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall, except as provided
in subsection (c), submit to Congress a report that includes a
statement of whether the persons described in subsection (b) meet the
criteria to be designated for the imposition of sanctions under section
1263 of the Global Magnitsky Human Rights Accountability Act (subtitle
F of title XII of Public Law 114-238; 22 U.S.C. 2656 note) because the
persons--
(1) are responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights in the Xinjiang region of the People's Republic of
China; or
(2) materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in
support of, such violations.
(b) Persons Described.--The persons described in this subsection
are the following:
(1) The Party Secretary for Xinjiang region of the People's
Republic of China, Chen Quanguo.
(2) Senior full or alternate members of the Central
Committee of the Communist Party of China whose professional
responsibilities relate to the governmental administration of
the Xinjiang region, or who have conducted business with
government entities in the Xinjiang region.
(c) Exception.--The Secretary shall not be required to submit a
report under subsection (a) if the Secretary determines, not later than
90 days after the date of the enactment of this Act, that the
Government of the People's Republic of China allows independent,
unrestricted, and unsupervised access to the Xinjiang region for
international human rights organizations.
Calendar No. 99
116th CONGRESS
1st Session
S. 178
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 3, 2019
Reported with an amendment