[116th Congress Public Law 145]
[From the U.S. Government Publishing Office]
[[Page 647]]
UYGHUR HUMAN RIGHTS POLICY ACT
OF 2020
[[Page 134 STAT. 648]]
Public Law 116-145
116th Congress
An Act
To condemn gross human rights violations of ethnic Turkic Muslims in
Xinjiang, and calling for an end to arbitrary detention, torture, and
harassment of these communities inside and outside China. <<NOTE: June
17, 2020 - [S. 3744]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Uyghur Human
Rights Policy Act of 2020.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 6901 note.>> Short Title.--This Act may be cited
as the ``Uyghur Human Rights Policy Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of purpose.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Updating statement of United States policy toward the People's
Republic of China.
Sec. 6. Imposition of sanctions.
Sec. 7. Report on human rights abuses in Xinjiang Uyghur Autonomous
Region.
Sec. 8. Report on protecting citizens and residents of the United States
from intimidation and coercion.
Sec. 9. Report on security and economic implications of repression in
Xinjiang Uyghur Autonomous Region by the Government of the
People's Republic of China.
Sec. 10. Classified report.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to direct United States resources to
address human rights violations and abuses, including gross violations
of human rights, by the Government of the People's Republic of China
through the mass surveillance and internment of over 1,000,000 Uyghurs,
ethnic Kazakhs, Kyrgyz, and members of other Muslim minority groups in
Xinjiang Uyghur Autonomous Region.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Government of the People's Republic of China has a
long history of repressing Turkic Muslims and other Muslim
minority groups, particularly Uyghurs, in Xinjiang Uyghur
Autonomous Region. In recent decades, central and regional
Chinese government policies have systematically discriminated
against these minority groups by denying them a range of civil
and political rights, including the freedom of expression,
religion, and movement, and the right to a fair trial.
[[Page 134 STAT. 649]]
(2) In May 2014, the Government of the People's Republic of
China launched its latest ``Strike Hard Against Violent
Extremism'' campaign, using wide-scale, internationally-linked
threats of terrorism as a pretext to justify pervasive
restrictions on and serious human rights violations of members
of ethnic minority communities in Xinjiang Uyghur Autonomous
Region. The August 2016 appointment of former Tibet Autonomous
Region Party Secretary Chen Quanguo to be Party Secretary of
Xinjiang Uyghur Autonomous Region accelerated the crackdown
across the region. Scholars, human rights organizations,
journalists, and think tanks have provided ample evidence
substantiating the establishment by the Government of the
People's Republic of China of internment camps. Since 2014, the
Government of the People's Republic of China has detained more
than 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of
other Muslim minority groups in these camps. The total ethnic
minority population of Xinjiang Uyghur Autonomous Region was
approximately 13,000,000 at the time of the last census
conducted by the People's Republic of China in 2010.
(3) The Government of the People's Republic of China's
actions against Uyghurs, ethnic Kazakhs, Kyrgyz, and members of
other Muslim minority groups in Xinjiang Uyghur Autonomous
Region violate international human rights laws and norms,
including--
(A) the International Convention on the Elimination
of All Forms of Racial Discrimination, to which the
People's Republic of China has acceded;
(B) the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which the
People's Republic of China has signed and ratified;
(C) the International Covenant on Civil and
Political Rights, which the People's Republic of China
has signed; and
(D) the Universal Declaration of Human Rights.
(4) Senior Chinese Communist Party officials, including
current Xinjiang Uyghur Autonomous Region Party Secretary Chen
Quanguo, who executes Chinese government policy in the region,
and former Xinjiang Uyghur Autonomous Region Deputy Party
Secretary Zhu Hailun, who crafted many of the policies
implemented in the region, bear direct responsibility for gross
human rights violations committed against Uyghurs, ethnic
Kazakhs, Kyrgyz, and members of other Muslim minority groups.
These abuses include the arbitrary detention of more than
1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other
Muslim minority groups, separation of working age adults from
children and the elderly, and the integration of forced labor
into supply chains.
(5) Those detained in internment camps in Xinjiang Uyghur
Autonomous Region have described forced political
indoctrination, torture, beatings, food deprivation, and denial
of religious, cultural, and linguistic freedoms. These victims
have confirmed that they were told by guards that the only way
to secure their release was to demonstrate sufficient political
loyalty. Poor conditions and lack of medical treatment at such
facilities appear to have contributed to the deaths of some
detainees, including the elderly and infirm.
[[Page 134 STAT. 650]]
(6) Uyghurs and ethnic Kazakhs who have obtained permanent
residence or citizenship in other countries report being
subjected to threats and harassment from Chinese officials. At
least 5 journalists for Radio Free Asia's Uyghur service have
publicly detailed abuses their family members in Xinjiang Uyghur
Autonomous Region have endured in response to their work
exposing the Government of the People's Republic of China's
abusive policies.
(7) In September 2018, United Nations High Commissioner for
Human Rights Michelle Bachelet noted in her first speech as High
Commissioner the ``deeply disturbing allegations of large-scale
arbitrary detentions of Uighurs and other Muslim communities, in
so-called reeducation camps across Xinjiang''.
(8) In 2019, the Congressional-Executive Commission on China
concluded that, based on available evidence, the establishment
and actions committed in the internment camps in Xinjiang Uyghur
Autonomous Region may constitute ``crimes against humanity''.
(9) On December 31, 2018, President Donald J. Trump signed
into law the Asia Reassurance Initiative Act of 2018 (Public Law
115-409), which--
(A) condemns the People's Republic of China's
``forced disappearances, extralegal detentions, invasive
and omnipresent surveillance, and lack of due process in
judicial proceedings'';
(B) authorizes funding to promote democracy, human
rights, and the rule of law in the People's Republic of
China; and
(C) supports sanctions designations against any
entity or individual that--
(i) violates human rights or religious
freedoms; or
(ii) engages in censorship activities.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should--
(A) condemn abuses against Uyghurs, ethnic Kazakhs,
Kyrgyz, members of other Muslim minority groups, and
other persons by authorities of the People's Republic of
China; and
(B) call on such authorities to immediately--
(i) close the internment camps;
(ii) lift all restrictions on, and ensure
respect for, human rights; and
(iii) allow people inside the People's
Republic of China to reestablish contact with
their loved ones, friends, and associates outside
the People's Republic of China;
(2) the Secretary of State should consider strategically
employing sanctions and other tools under the International
Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.),
including measures resulting from the designation of the
People's Republic of China as a country of particular concern
for religious freedom under section 402(b)(1)(A)(ii) of such Act
(22 U.S.C. 6442(b)(1)(A)(ii)), that directly address
particularly severe violations of religious freedom;
[[Page 134 STAT. 651]]
(3) the Secretary of State should--
(A) work with United States allies and partners and
through multilateral institutions to condemn the mass
arbitrary detention of Uyghurs, ethnic Kazakhs, Kyrgyz,
and members of other Muslim minority groups in Xinjiang
Uyghur Autonomous Region; and
(B) coordinate closely with the international
community on targeted sanctions and visa restrictions;
(4) the journalists of the Uyghur language service of Radio
Free Asia should be commended for their reporting on the human
rights and political situation in Xinjiang Uyghur Autonomous
Region despite efforts by the Government of the People's
Republic of China to silence or intimidate their reporting
through the detention of family members and relatives in China;
(5) the United States should expand the availability of and
capacity for Uyghur language programming on Radio Free Asia in
Xinjiang Uyghur Autonomous Region;
(6) the Federal Bureau of Investigation and appropriate
United States law enforcement agencies should take steps to hold
accountable officials from the People's Republic of China or
individuals acting on their behalf who harass, threaten, or
intimidate persons within the United States; and
(7) United States companies and individuals selling goods or
services or otherwise operating in Xinjiang Uyghur Autonomous
Region should take steps, including in any public or financial
filings, to ensure that--
(A) their commercial activities are not contributing
to human rights violations in Xinjiang Uyghur Autonomous
Region or elsewhere in China; and
(B) their supply chains are not compromised by
forced labor.
SEC. 5. UPDATING STATEMENT OF UNITED STATES POLICY TOWARD THE
PEOPLE'S REPUBLIC OF CHINA.
Section 901(b) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 84) is amended--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) United States policy toward the People's Republic of
China should be explicitly linked to the situation in Xinjiang
Uyghur Autonomous Region, specifically as to whether--
``(A) the internment of Uyghurs, ethnic Kazakhs,
Kyrgyz, and members of other Muslim minority groups in
internment camps has ended;
``(B) all political prisoners are released;
``(C) the use of mass surveillance and predictive
policing to discriminate against and violate the human
rights of members of specific ethnic groups has ceased
and is not evident in other parts of China; and
``(D) the Government of the People's Republic of
China has ended particularly severe restrictions of
religious and cultural practice in Xinjiang Uyghur
Autonomous Region;''.
SEC. 6. <<NOTE: President. 22 USC 6901 note.>> IMPOSITION OF
SANCTIONS.
(a) Report Required.--
[[Page 134 STAT. 652]]
(1) <<NOTE: Determination.>> In general.--Not later than
180 days after the date of the enactment of this Act, and not
less frequently than annually thereafter, the President shall
submit a report to the Committee on Foreign Relations of the
Senate, the Committee on Banking, Housing, and Urban Affairs of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Financial Services of the
House of Representatives that identifies each foreign person,
including any official of the Government of the People's
Republic of China, that the President determines is responsible
for any of the following with respect to Uyghurs, ethnic
Kazakhs, Kyrgyz, members of other Muslim minority groups, or
other persons in Xinjiang Uyghur Autonomous Region:
(A) Torture.
(B) Cruel, inhuman, or degrading treatment or
punishment.
(C) Prolonged detention without charges and trial.
(D) Causing the disappearance of persons by the
abduction and clandestine detention of those persons.
(E) Other flagrant denial of the right to life,
liberty, or the security of persons.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person identified in the report required under subsection (a)(1).
(c) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Asset blocking.--The President shall exercise all of the
powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign person
identified in the report required under subsection (a)(1) if
such property and interests in property--
(A) are in the United States;
(B) come within the United States; or
(C) come within the possession or control of a
United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a)(1) is subject to revocation of any
visa or other entry documentation regardless of
when the visa or other entry documentation is or
was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
[[Page 134 STAT. 653]]
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
alien's possession.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign
person that violates, attempts to violate, conspires to violate,
or causes a violation of paragraph (1) to the same extent that
such penalties apply to a person that commits an unlawful act
described in subsection (a) of such section 206.
(d) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(e) <<NOTE: Determination. Certification.>> Waiver.--The President
may waive the application of sanctions under this section with respect
to a person identified in the report required under subsection (a)(1) if
the President determines and certifies to the Committee on Foreign
Relations of the Senate, the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Financial Services of the House of
Representatives that such a waiver is in the national interest of the
United States.
(f) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(c)(2) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to
impose sanctions authorized under this section shall not
include the authority or a requirement to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(g) <<NOTE: Determination. Reports.>> Termination of Sanctions.--
The President may terminate the application of sanctions under this
section with respect to a person if the President determines and reports
to the Committee on Foreign Relations of the Senate, the Committee on
Banking, Housing, and Urban Affairs of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the Committee
[[Page 134 STAT. 654]]
on Financial Services of the House of Representatives not later than 15
days before the termination takes effect that--
(1) information exists that the person did not engage in the
activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a)(1) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(h) Sunset.--This section, and any sanctions imposed under this
section, shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(i) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.
SEC. 7. REPORT ON HUMAN RIGHTS ABUSES IN XINJIANG UYGHUR
AUTONOMOUS REGION.
(a) <<NOTE: Consultation.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal departments and
agencies and civil society organizations, shall--
(1) submit a report on human rights abuses in Xinjiang
Uyghur Autonomous Region to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House
of Representatives; and
(2) <<NOTE: Web posting.>> make the report described in
paragraph (1) available on the website of the Department of
State.
(b) <<NOTE: Assessments.>> Matters To Be Included.--The report
required under subsection (a) shall include--
(1) an assessment of the number of individuals detained in
internment camps in Xinjiang Uyghur Autonomous Region;
(2) a description of the conditions in such camps for
detainees, including, to the extent practicable, an assessment
of--
(A) methods of torture;
(B) efforts to force individuals to renounce their
faith; and
(C) other serious human rights abuses;
(3) to the extent practicable, an assessment of the number
of individuals in the region in forced labor camps;
[[Page 134 STAT. 655]]
(4) a description of the methods used by People's Republic
of China authorities to ``reeducate'' detainees in internment
camps, including a list of government agencies of the People's
Republic of China in charge of such reeducation;
(5) an assessment of the use and nature of forced labor in
and related to the detention of Turkic Muslims in Xinjiang
Uyghur Autonomous Region, including a description of foreign
companies and industries directly benefitting from such labor;
(6) an assessment of the level of access to Xinjiang Uyghur
Autonomous Region granted by the Government of the People's
Republic of China to foreign diplomats and consular agents,
independent journalists, and representatives of nongovernmental
organizations;
(7) an assessment of the mass surveillance, predictive
policing, and other methods used by the Government of the
People's Republic of China to violate the human rights of
persons in Xinjiang Uyghur Autonomous Region;
(8) a description of the frequency with which foreign
governments are forcibly returning Uyghurs, ethnic Kazakhs,
Kyrgyz, and other refugees and asylum seekers to the People's
Republic of China;
(9) a description, as appropriate, of United States
diplomatic efforts with allies and other nations--
(A) to address the gross violations of human rights
in Xinjiang Uyghur Autonomous Region; and
(B) to protect asylum seekers from the region; and
(10) the identification of the offices within the Department
of State that are responsible for leading and coordinating the
diplomatic efforts referred to in paragraph (9).
SEC. 8. REPORT ON PROTECTING CITIZENS AND RESIDENTS OF THE UNITED
STATES FROM INTIMIDATION AND COERCION.
<<NOTE: Consultation.>> Not later than 90 days after the date of
the enactment of this Act, the Director of the Federal Bureau of
Investigation, in consultation with the Secretary of State, shall submit
a report to the Committee on Foreign Relations of the Senate, the
Committee on the Judiciary of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs of the
House of Representatives, the Committee on the Judiciary of the House of
Representatives, and the Permanent Select Committee on Intelligence of
the House of Representatives that outlines all of the efforts to protect
United States citizens and residents, including ethnic Uyghurs and
Chinese nationals legally studying or working temporarily in the United
States, who have experienced harassment or intimidation within the
United States by officials or agents of the Government of the People's
Republic of China.
SEC. 9. REPORT ON SECURITY AND ECONOMIC IMPLICATIONS OF REPRESSION
IN XINJIANG UYGHUR AUTONOMOUS REGION BY THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) <<NOTE: Coordination.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of State, shall submit
a report to the Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Permanent Select
[[Page 134 STAT. 656]]
Committee on Intelligence of the House of Representatives on the matters
described in subsection (b).
(b) Matters to Be Included.-- The report required under subsection
(a) shall include--
(1) <<NOTE: Assessment.>> an assessment of the national and
regional security threats posed to the United States by the
policies of the Government of the People's Republic of China in
Xinjiang Uyghur Autonomous Region;
(2) a description of--
(A) the acquisition or development of technology by
the Government of the People's Republic of China to
facilitate internment and mass surveillance in Xinjiang
Uyghur Autonomous Region, including technology related
to predictive policing and large-scale data collection
and analysis; and
(B) the threats that the acquisition, development,
and use of such technologies pose to the United States;
(3) <<NOTE: List.>> a list of Chinese companies that are
involved in--
(A) constructing or operating the internment camps
in Xinjiang Uyghur Autonomous Region; or
(B) providing or operating mass surveillance
technology in Xinjiang Uyghur Autonomous Region; and
(4) a description of the role of the Xinjiang Production and
Construction Corps in internment and forced labor in Xinjiang
Uyghur Autonomous Region.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in an unclassified form, but may contain a classified
annex.
SEC. 10. CLASSIFIED REPORT.
<<NOTE: Consultation. Assessments.>> The Director of National
Intelligence, in consultation with such elements of the Intelligence
Community as the Director deems appropriate, shall submit a classified
report to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that assesses the ability of the United States
Government to collect and analyze intelligence regarding--
(1) the scope and scale of the detention and forced labor of
Uyghurs, ethnic Kazakhs, Kyrgyz, and members of other Muslim
minority groups in the People's Republic of China;
(2) the gross violations of human rights perpetrated inside
the internment camps in Xinjiang Uyghur Autonomous Region; and
[[Page 134 STAT. 657]]
(3) other policies of the Government of the People's
Republic of China in Xinjiang Uyghur Autonomous Region that
constitute gross violations of human rights.
Approved June 17, 2020.
LEGISLATIVE HISTORY--S. 3744:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 166 (2020):
May 14, considered and passed Senate.
May 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
June 17, Presidential statement.
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