24
II 116TH CONGRESS 2D SESSION S. 3744 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 MAY 14, 2020 Mr. RUBIO (for himself, Mr. MENENDEZ, Mr. RISCH, 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. CASEY, Mrs. CAPITO, Mr. INHOFE, Mr. ROUNDS, Mr. LANKFORD, Ms. KLOBUCHAR, Mrs. MURRAY, Mr. BOOKER, Mr. WHITEHOUSE, Ms. HARRIS, Mr. TILLIS, Mr. HAWLEY, Mr. SCOTT of Florida, Mr. BENNET, Mrs. BLACKBURN, Ms. SMITH, Mr. YOUNG, Ms. MCSALLY, Mr. ROMNEY, Mr. CRUZ, Mr. CRAMER, Mr. CRAPO, Mr. HOEVEN, Mr. BOOZMAN, Mrs. SHAHEEN, Ms. HASSAN, Ms. CORTEZ MASTO, Mrs. LOEFFLER, Mr. SULLIVAN, Mr. JOHNSON, Mr. SCHATZ, Mr. PORTMAN, Mrs. FISCHER, Ms. SINEMA, and Mr. THUNE) introduced the following bill; which was read twice, considered, read the third time, and passed 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. VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S3744.CPS S3744 kjohnson on DSK79L0C42PROD with BILLS

TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

II

116TH CONGRESS 2D SESSION S. 3744

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

MAY 14, 2020

Mr. RUBIO (for himself, Mr. MENENDEZ, Mr. RISCH, 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. CASEY, Mrs. CAPITO, Mr.

INHOFE, Mr. ROUNDS, Mr. LANKFORD, Ms. KLOBUCHAR, Mrs. MURRAY,

Mr. BOOKER, Mr. WHITEHOUSE, Ms. HARRIS, Mr. TILLIS, Mr. HAWLEY,

Mr. SCOTT of Florida, Mr. BENNET, Mrs. BLACKBURN, Ms. SMITH, Mr.

YOUNG, Ms. MCSALLY, Mr. ROMNEY, Mr. CRUZ, Mr. CRAMER, Mr.

CRAPO, Mr. HOEVEN, Mr. BOOZMAN, Mrs. SHAHEEN, Ms. HASSAN, Ms.

CORTEZ MASTO, Mrs. LOEFFLER, Mr. SULLIVAN, Mr. JOHNSON, Mr.

SCHATZ, Mr. PORTMAN, Mrs. FISCHER, Ms. SINEMA, and Mr. THUNE)

introduced the following bill; which was read twice, considered, read the

third time, and passed

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.

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 2: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

2

•S 3744 CPS

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Uyghur Human Rights Policy Act of 2020’’. 5

(b) TABLE OF CONTENTS.—The table of contents for 6

this Act is as follows: 7

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 Repub-

lic of China.

Sec. 6. Imposition of sanctions.

Sec. 7. Report on human rights abuses in Xinjiang Uyghur Autonomous Re-

gion.

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. 8

The purpose of this Act is to direct United States 9

resources to address human rights violations and abuses, 10

including gross violations of human rights, by the Govern-11

ment of the People’s Republic of China through the mass 12

surveillance and internment of over 1,000,000 Uyghurs, 13

ethnic Kazakhs, Kyrgyz, and members of other Muslim 14

minority groups in Xinjiang Uyghur Autonomous Region. 15

SEC. 3. FINDINGS. 16

Congress makes the following findings: 17

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 3: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

3

•S 3744 CPS

(1) The Government of the People’s Republic of 1

China has a long history of repressing Turkic Mus-2

lims and other Muslim minority groups, particularly 3

Uyghurs, in Xinjiang Uyghur Autonomous Region. 4

In recent decades, central and regional Chinese gov-5

ernment policies have systematically discriminated 6

against these minority groups by denying them a 7

range of civil and political rights, including the free-8

dom of expression, religion, and movement, and the 9

right to a fair trial. 10

(2) In May 2014, the Government of the Peo-11

ple’s Republic of China launched its latest ‘‘Strike 12

Hard Against Violent Extremism’’ campaign, using 13

wide-scale, internationally-linked threats of terrorism 14

as a pretext to justify pervasive restrictions on and 15

serious human rights violations of members of ethnic 16

minority communities in Xinjiang Uyghur Autono-17

mous Region. The August 2016 appointment of 18

former Tibet Autonomous Region Party Secretary 19

Chen Quanguo to be Party Secretary of Xinjiang 20

Uyghur Autonomous Region accelerated the crack-21

down across the region. Scholars, human rights or-22

ganizations, journalists, and think tanks have pro-23

vided ample evidence substantiating the establish-24

ment by the Government of the People’s Republic of 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 4: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

4

•S 3744 CPS

China of internment camps. Since 2014, the Govern-1

ment of the People’s Republic of China has detained 2

more than 1,000,000 Uyghurs, ethnic Kazakhs, 3

Kyrgyz, and members of other Muslim minority 4

groups in these camps. The total ethnic minority 5

population of Xinjiang Uyghur Autonomous Region 6

was approximately 13,000,000 at the time of the 7

last census conducted by the People’s Republic of 8

China in 2010. 9

(3) The Government of the People’s Republic of 10

China’s actions against Uyghurs, ethnic Kazakhs, 11

Kyrgyz, and members of other Muslim minority 12

groups in Xinjiang Uyghur Autonomous Region vio-13

late international human rights laws and norms, in-14

cluding— 15

(A) the International Convention on the 16

Elimination of All Forms of Racial Discrimina-17

tion, to which the People’s Republic of China 18

has acceded; 19

(B) the Convention against Torture and 20

Other Cruel, Inhuman or Degrading Treatment 21

or Punishment, which the People’s Republic of 22

China has signed and ratified; 23

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 5: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

5

•S 3744 CPS

(C) the International Covenant on Civil 1

and Political Rights, which the People’s Repub-2

lic of China has signed; and 3

(D) the Universal Declaration of Human 4

Rights. 5

(4) Senior Chinese Communist Party officials, 6

including current Xinjiang Uyghur Autonomous Re-7

gion Party Secretary Chen Quanguo, who executes 8

Chinese government policy in the region, and former 9

Xinjiang Uyghur Autonomous Region Deputy Party 10

Secretary Zhu Hailun, who crafted many of the poli-11

cies implemented in the region, bear direct responsi-12

bility for gross human rights violations committed 13

against Uyghurs, ethnic Kazakhs, Kyrgyz, and mem-14

bers of other Muslim minority groups. These abuses 15

include the arbitrary detention of more than 16

1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and 17

members of other Muslim minority groups, separa-18

tion of working age adults from children and the el-19

derly, and the integration of forced labor into supply 20

chains. 21

(5) Those detained in internment camps in 22

Xinjiang Uyghur Autonomous Region have described 23

forced political indoctrination, torture, beatings, food 24

deprivation, and denial of religious, cultural, and lin-25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 6: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

6

•S 3744 CPS

guistic freedoms. These victims have confirmed that 1

they were told by guards that the only way to secure 2

their release was to demonstrate sufficient political 3

loyalty. Poor conditions and lack of medical treat-4

ment at such facilities appear to have contributed to 5

the deaths of some detainees, including the elderly 6

and infirm. 7

(6) Uyghurs and ethnic Kazakhs who have ob-8

tained permanent residence or citizenship in other 9

countries report being subjected to threats and har-10

assment from Chinese officials. At least 5 journalists 11

for Radio Free Asia’s Uyghur service have publicly 12

detailed abuses their family members in Xinjiang 13

Uyghur Autonomous Region have endured in re-14

sponse to their work exposing the Government of the 15

People’s Republic of China’s abusive policies. 16

(7) In September 2018, United Nations High 17

Commissioner for Human Rights Michelle Bachelet 18

noted in her first speech as High Commissioner the 19

‘‘deeply disturbing allegations of large-scale arbi-20

trary detentions of Uighurs and other Muslim com-21

munities, in so-called reeducation camps across 22

Xinjiang’’. 23

(8) In 2019, the Congressional-Executive Com-24

mission on China concluded that, based on available 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 7: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

7

•S 3744 CPS

evidence, the establishment and actions committed in 1

the internment camps in Xinjiang Uyghur Autono-2

mous Region may constitute ‘‘crimes against human-3

ity’’. 4

(9) On December 31, 2018, President Donald 5

J. Trump signed into law the Asia Reassurance Ini-6

tiative Act of 2018 (Public Law 115–409), which— 7

(A) condemns the People’s Republic of 8

China’s ‘‘forced disappearances, extralegal de-9

tentions, invasive and omnipresent surveillance, 10

and lack of due process in judicial pro-11

ceedings’’; 12

(B) authorizes funding to promote democ-13

racy, human rights, and the rule of law in the 14

People’s Republic of China; and 15

(C) supports sanctions designations 16

against any entity or individual that— 17

(i) violates human rights or religious 18

freedoms; or 19

(ii) engages in censorship activities. 20

SEC. 4. SENSE OF CONGRESS. 21

It is the sense of Congress that— 22

(1) the President should— 23

(A) condemn abuses against Uyghurs, eth-24

nic Kazakhs, Kyrgyz, members of other Muslim 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 8: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

8

•S 3744 CPS

minority groups, and other persons by authori-1

ties of the People’s Republic of China; and 2

(B) call on such authorities to imme-3

diately— 4

(i) close the internment camps; 5

(ii) lift all restrictions on, and ensure 6

respect for, human rights; and 7

(iii) allow people inside the People’s 8

Republic of China to reestablish contact 9

with their loved ones, friends, and associ-10

ates outside the People’s Republic of 11

China; 12

(2) the Secretary of State should consider stra-13

tegically employing sanctions and other tools under 14

the International Religious Freedom Act of 1998 15

(22 U.S.C. 6401 et seq.), including measures result-16

ing from the designation of the People’s Republic of 17

China as a country of particular concern for reli-18

gious freedom under section 402(b)(1)(A)(ii) of such 19

Act (22 U.S.C. 6442(b)(1)(A)(ii)), that directly ad-20

dress particularly severe violations of religious free-21

dom; 22

(3) the Secretary of State should— 23

(A) work with United States allies and 24

partners and through multilateral institutions 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 9: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

9

•S 3744 CPS

to condemn the mass arbitrary detention of 1

Uyghurs, ethnic Kazakhs, Kyrgyz, and mem-2

bers of other Muslim minority groups in 3

Xinjiang Uyghur Autonomous Region; and 4

(B) coordinate closely with the inter-5

national community on targeted sanctions and 6

visa restrictions; 7

(4) the journalists of the Uyghur language serv-8

ice of Radio Free Asia should be commended for 9

their reporting on the human rights and political sit-10

uation in Xinjiang Uyghur Autonomous Region de-11

spite efforts by the Government of the People’s Re-12

public of China to silence or intimidate their report-13

ing through the detention of family members and 14

relatives in China; 15

(5) the United States should expand the avail-16

ability of and capacity for Uyghur language pro-17

gramming on Radio Free Asia in Xinjiang Uyghur 18

Autonomous Region; 19

(6) the Federal Bureau of Investigation and ap-20

propriate United States law enforcement agencies 21

should take steps to hold accountable officials from 22

the People’s Republic of China or individuals acting 23

on their behalf who harass, threaten, or intimidate 24

persons within the United States; and 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 10: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

10

•S 3744 CPS

(7) United States companies and individuals 1

selling goods or services or otherwise operating in 2

Xinjiang Uyghur Autonomous Region should take 3

steps, including in any public or financial filings, to 4

ensure that— 5

(A) their commercial activities are not con-6

tributing to human rights violations in Xinjiang 7

Uyghur Autonomous Region or elsewhere in 8

China; and 9

(B) their supply chains are not com-10

promised by forced labor. 11

SEC. 5. UPDATING STATEMENT OF UNITED STATES POLICY 12

TOWARD THE PEOPLE’S REPUBLIC OF CHINA. 13

Section 901(b) of the Foreign Relations Authoriza-14

tion Act, Fiscal Years 1990 and 1991 (Public Law 101– 15

246; 104 Stat. 84) is amended— 16

(1) by redesignating paragraphs (7), (8), and 17

(9) as paragraphs (8), (9), and (10), respectively; 18

and 19

(2) by inserting after paragraph (6) the fol-20

lowing: 21

‘‘(7) United States policy toward the People’s 22

Republic of China should be explicitly linked to the 23

situation in Xinjiang Uyghur Autonomous Region, 24

specifically as to whether— 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 11: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

11

•S 3744 CPS

‘‘(A) the internment of Uyghurs, ethnic 1

Kazakhs, Kyrgyz, and members of other Mus-2

lim minority groups in internment camps has 3

ended; 4

‘‘(B) all political prisoners are released; 5

‘‘(C) the use of mass surveillance and pre-6

dictive policing to discriminate against and vio-7

late the human rights of members of specific 8

ethnic groups has ceased and is not evident in 9

other parts of China; and 10

‘‘(D) the Government of the People’s Re-11

public of China has ended particularly severe 12

restrictions of religious and cultural practice in 13

Xinjiang Uyghur Autonomous Region;’’. 14

SEC. 6. IMPOSITION OF SANCTIONS. 15

(a) REPORT REQUIRED.— 16

(1) IN GENERAL.—Not later than 180 days 17

after the date of the enactment of this Act, and not 18

less frequently than annually thereafter, the Presi-19

dent shall submit a report to the Committee on For-20

eign Relations of the Senate, the Committee on 21

Banking, Housing, and Urban Affairs of the Senate, 22

the Committee on Foreign Affairs of the House of 23

Representatives, and the Committee on Financial 24

Services of the House of Representatives that identi-25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 12: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

12

•S 3744 CPS

fies each foreign person, including any official of the 1

Government of the People’s Republic of China, that 2

the President determines is responsible for any of 3

the following with respect to Uyghurs, ethnic 4

Kazakhs, Kyrgyz, members of other Muslim minor-5

ity groups, or other persons in Xinjiang Uyghur Au-6

tonomous Region: 7

(A) Torture. 8

(B) Cruel, inhuman, or degrading treat-9

ment or punishment. 10

(C) Prolonged detention without charges 11

and trial. 12

(D) Causing the disappearance of persons 13

by the abduction and clandestine detention of 14

those persons. 15

(E) Other flagrant denial of the right to 16

life, liberty, or the security of persons. 17

(2) FORM.—The report required under para-18

graph (1) shall be submitted in unclassified form, 19

but may contain a classified annex. 20

(b) IMPOSITION OF SANCTIONS.—The President shall 21

impose the sanctions described in subsection (c) with re-22

spect to each foreign person identified in the report re-23

quired under subsection (a)(1). 24

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 13: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

13

•S 3744 CPS

(c) SANCTIONS DESCRIBED.—The sanctions de-1

scribed in this subsection are the following: 2

(1) ASSET BLOCKING.—The President shall ex-3

ercise all of the powers granted to the President 4

under the International Emergency Economic Pow-5

ers Act (50 U.S.C. 1701 et seq.) to the extent nec-6

essary to block and prohibit all transactions in prop-7

erty and interests in property of a foreign person 8

identified in the report required under subsection 9

(a)(1) if such property and interests in property— 10

(A) are in the United States; 11

(B) come within the United States; or 12

(C) come within the possession or control 13

of a United States person. 14

(2) INELIGIBILITY FOR VISAS, ADMISSION, OR 15

PAROLE.— 16

(A) VISAS, ADMISSION, OR PAROLE.—An 17

alien described in subsection (a)(1) is— 18

(i) inadmissible to the United States; 19

(ii) ineligible to receive a visa or other 20

documentation to enter the United States; 21

and 22

(iii) otherwise ineligible to be admitted 23

or paroled into the United States or to re-24

ceive any other benefit under the Immigra-25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 14: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

14

•S 3744 CPS

tion and Nationality Act (8 U.S.C. 1101 et 1

seq.). 2

(B) CURRENT VISAS REVOKED.— 3

(i) IN GENERAL.—An alien described 4

in subsection (a)(1) is subject to revocation 5

of any visa or other entry documentation 6

regardless of when the visa or other entry 7

documentation is or was issued. 8

(ii) IMMEDIATE EFFECT.—A revoca-9

tion under clause (i) shall— 10

(I) take effect immediately; and 11

(II) cancel any other valid visa or 12

entry documentation that is in the 13

alien’s possession. 14

(3) PENALTIES.—The penalties provided for in 15

subsections (b) and (c) of section 206 of the Inter-16

national Emergency Economic Powers Act (50 17

U.S.C. 1705) shall apply to a foreign person that 18

violates, attempts to violate, conspires to violate, or 19

causes a violation of paragraph (1) to the same ex-20

tent that such penalties apply to a person that com-21

mits an unlawful act described in subsection (a) of 22

such section 206. 23

(d) IMPLEMENTATION.—The President may exercise 24

all authorities provided under sections 203 and 205 of the 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 15: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

15

•S 3744 CPS

International Emergency Economic Powers Act (50 1

U.S.C. 1702 and 1704) to carry out this section. 2

(e) WAIVER.—The President may waive the applica-3

tion of sanctions under this section with respect to a per-4

son identified in the report required under subsection 5

(a)(1) if the President determines and certifies to the 6

Committee on Foreign Relations of the Senate, the Com-7

mittee on Banking, Housing, and Urban Affairs of the 8

Senate, the Committee on Foreign Affairs of the House 9

of Representatives, and the Committee on Financial Serv-10

ices of the House of Representatives that such a waiver 11

is in the national interest of the United States. 12

(f) EXCEPTIONS.— 13

(1) EXCEPTION FOR INTELLIGENCE ACTIVI-14

TIES.—Sanctions under this section shall not apply 15

to any activity subject to the reporting requirements 16

under title V of the National Security Act of 1947 17

(50 U.S.C. 3091 et seq.) or any authorized intel-18

ligence activities of the United States. 19

(2) EXCEPTION TO COMPLY WITH INTER-20

NATIONAL OBLIGATIONS AND FOR LAW ENFORCE-21

MENT ACTIVITIES.—Sanctions under subsection 22

(c)(2) shall not apply with respect to an alien if ad-23

mitting or paroling the alien into the United States 24

is necessary— 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 16: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

16

•S 3744 CPS

(A) to permit the United States to comply 1

with the Agreement regarding the Head-2

quarters of the United Nations, signed at Lake 3

Success June 26, 1947, and entered into force 4

November 21, 1947, between the United Na-5

tions and the United States, or other applicable 6

international obligations; or 7

(B) to carry out or assist law enforcement 8

activity in the United States. 9

(3) EXCEPTION RELATING TO IMPORTATION OF 10

GOODS.— 11

(A) IN GENERAL.—The authorities and re-12

quirements to impose sanctions authorized 13

under this section shall not include the author-14

ity or a requirement to impose sanctions on the 15

importation of goods. 16

(B) GOOD DEFINED.—In this paragraph, 17

the term ‘‘good’’ means any article, natural or 18

manmade substance, material, supply, or manu-19

factured product, including inspection and test 20

equipment, and excluding technical data. 21

(g) TERMINATION OF SANCTIONS.—The President 22

may terminate the application of sanctions under this sec-23

tion with respect to a person if the President determines 24

and reports to the Committee on Foreign Relations of the 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 17: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

17

•S 3744 CPS

Senate, the Committee on Banking, Housing, and Urban 1

Affairs of the Senate, the Committee on Foreign Affairs 2

of the House of Representatives, and the Committee on 3

Financial Services of the House of Representatives not 4

later than 15 days before the termination takes effect 5

that— 6

(1) information exists that the person did not 7

engage in the activity for which sanctions were im-8

posed; 9

(2) the person has been prosecuted appro-10

priately for the activity for which sanctions were im-11

posed; 12

(3) the person has credibly demonstrated a sig-13

nificant change in behavior, has paid an appropriate 14

consequence for the activity for which sanctions were 15

imposed, and has credibly committed to not engage 16

in an activity described in subsection (a)(1) in the 17

future; or 18

(4) the termination of the sanctions is in the 19

national security interests of the United States. 20

(h) SUNSET.—This section, and any sanctions im-21

posed under this section, shall terminate on the date that 22

is 5 years after the date of the enactment of this Act. 23

(i) DEFINITIONS.—In this section: 24

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 18: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

18

•S 3744 CPS

(1) ADMISSION; ADMITTED; ALIEN.—The terms 1

‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 2

meanings given those terms in section 101 of the 3

Immigration and Nationality Act (8 U.S.C. 1101). 4

(2) FOREIGN PERSON.—The term ‘‘foreign per-5

son’’ means a person that is not a United States 6

person. 7

(3) UNITED STATES PERSON.—The term 8

‘‘United States person’’ means— 9

(A) a United States citizen or an alien law-10

fully admitted for permanent residence to the 11

United States; or 12

(B) an entity organized under the laws of 13

the United States or any jurisdiction within the 14

United States, including a foreign branch of 15

such an entity. 16

SEC. 7. REPORT ON HUMAN RIGHTS ABUSES IN XINJIANG 17

UYGHUR AUTONOMOUS REGION. 18

(a) IN GENERAL.—Not later than 180 days after the 19

date of the enactment of this Act, the Secretary of State, 20

in consultation with the heads of other relevant Federal 21

departments and agencies and civil society organizations, 22

shall— 23

(1) submit a report on human rights abuses in 24

Xinjiang Uyghur Autonomous Region to the Com-25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 19: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

19

•S 3744 CPS

mittee on Foreign Relations of the Senate and the 1

Committee on Foreign Affairs of the House of Rep-2

resentatives; and 3

(2) make the report described in paragraph (1) 4

available on the website of the Department of State. 5

(b) MATTERS TO BE INCLUDED.—The report re-6

quired under subsection (a) shall include— 7

(1) an assessment of the number of individuals 8

detained in internment camps in Xinjiang Uyghur 9

Autonomous Region; 10

(2) a description of the conditions in such 11

camps for detainees, including, to the extent prac-12

ticable, an assessment of— 13

(A) methods of torture; 14

(B) efforts to force individuals to renounce 15

their faith; and 16

(C) other serious human rights abuses; 17

(3) to the extent practicable, an assessment of 18

the number of individuals in the region in forced 19

labor camps; 20

(4) a description of the methods used by Peo-21

ple’s Republic of China authorities to ‘‘reeducate’’ 22

detainees in internment camps, including a list of 23

government agencies of the People’s Republic of 24

China in charge of such reeducation; 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 20: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

20

•S 3744 CPS

(5) an assessment of the use and nature of 1

forced labor in and related to the detention of 2

Turkic Muslims in Xinjiang Uyghur Autonomous 3

Region, including a description of foreign companies 4

and industries directly benefitting from such labor; 5

(6) an assessment of the level of access to 6

Xinjiang Uyghur Autonomous Region granted by the 7

Government of the People’s Republic of China to 8

foreign diplomats and consular agents, independent 9

journalists, and representatives of nongovernmental 10

organizations; 11

(7) an assessment of the mass surveillance, pre-12

dictive policing, and other methods used by the Gov-13

ernment of the People’s Republic of China to violate 14

the human rights of persons in Xinjiang Uyghur Au-15

tonomous Region; 16

(8) a description of the frequency with which 17

foreign governments are forcibly returning Uyghurs, 18

ethnic Kazakhs, Kyrgyz, and other refugees and asy-19

lum seekers to the People’s Republic of China; 20

(9) a description, as appropriate, of United 21

States diplomatic efforts with allies and other na-22

tions— 23

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 21: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

21

•S 3744 CPS

(A) to address the gross violations of 1

human rights in Xinjiang Uyghur Autonomous 2

Region; and 3

(B) to protect asylum seekers from the re-4

gion; and 5

(10) the identification of the offices within the 6

Department of State that are responsible for leading 7

and coordinating the diplomatic efforts referred to in 8

paragraph (9). 9

SEC. 8. REPORT ON PROTECTING CITIZENS AND RESI-10

DENTS OF THE UNITED STATES FROM INTIMI-11

DATION AND COERCION. 12

Not later than 90 days after the date of the enact-13

ment of this Act, the Director of the Federal Bureau of 14

Investigation, in consultation with the Secretary of State, 15

shall submit a report to the Committee on Foreign Rela-16

tions of the Senate, the Committee on the Judiciary of 17

the Senate, the Select Committee on Intelligence of the 18

Senate, the Committee on Foreign Affairs of the House 19

of Representatives, the Committee on the Judiciary of the 20

House of Representatives, and the Permanent Select Com-21

mittee on Intelligence of the House of Representatives 22

that outlines all of the efforts to protect United States 23

citizens and residents, including ethnic Uyghurs and Chi-24

nese nationals legally studying or working temporarily in 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 22: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

22

•S 3744 CPS

the United States, who have experienced harassment or 1

intimidation within the United States by officials or 2

agents of the Government of the People’s Republic of 3

China. 4

SEC. 9. REPORT ON SECURITY AND ECONOMIC IMPLICA-5

TIONS OF REPRESSION IN XINJIANG UYGHUR 6

AUTONOMOUS REGION BY THE GOVERNMENT 7

OF THE PEOPLE’S REPUBLIC OF CHINA. 8

(a) IN GENERAL.—Not later than 180 days after the 9

date of the enactment of this Act, the Director of National 10

Intelligence, in coordination with the Secretary of State, 11

shall submit a report to the Committee on Foreign Rela-12

tions of the Senate, the Select Committee on Intelligence 13

of the Senate, the Committee on Foreign Affairs of the 14

House of Representatives, and the Permanent Select Com-15

mittee on Intelligence of the House of Representatives on 16

the matters described in subsection (b). 17

(b) MATTERS TO BE INCLUDED.— The report re-18

quired under subsection (a) shall include— 19

(1) an assessment of the national and regional 20

security threats posed to the United States by the 21

policies of the Government of the People’s Republic 22

of China in Xinjiang Uyghur Autonomous Region; 23

(2) a description of— 24

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 23: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

23

•S 3744 CPS

(A) the acquisition or development of tech-1

nology by the Government of the People’s Re-2

public of China to facilitate internment and 3

mass surveillance in Xinjiang Uyghur Autono-4

mous Region, including technology related to 5

predictive policing and large-scale data collec-6

tion and analysis; and 7

(B) the threats that the acquisition, devel-8

opment, and use of such technologies pose to 9

the United States; 10

(3) a list of Chinese companies that are in-11

volved in— 12

(A) constructing or operating the intern-13

ment camps in Xinjiang Uyghur Autonomous 14

Region; or 15

(B) providing or operating mass surveil-16

lance technology in Xinjiang Uyghur Autono-17

mous Region; and 18

(4) a description of the role of the Xinjiang 19

Production and Construction Corps in internment 20

and forced labor in Xinjiang Uyghur Autonomous 21

Region. 22

(c) FORM OF REPORT.—The report required under 23

subsection (a) shall be submitted in an unclassified form, 24

but may contain a classified annex. 25

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS

Page 24: TH S S. 3744 - Congress2 •S 3744 CPS 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE;

24

•S 3744 CPS

SEC. 10. CLASSIFIED REPORT. 1

The Director of National Intelligence, in consultation 2

with such elements of the Intelligence Community as the 3

Director deems appropriate, shall submit a classified re-4

port to the Select Committee on Intelligence of the Senate 5

and the Permanent Select Committee on Intelligence of 6

the House of Representatives that assesses the ability of 7

the United States Government to collect and analyze intel-8

ligence regarding— 9

(1) the scope and scale of the detention and 10

forced labor of Uyghurs, ethnic Kazakhs, Kyrgyz, 11

and members of other Muslim minority groups in 12

the People’s Republic of China; 13

(2) the gross violations of human rights per-14

petrated inside the internment camps in Xinjiang 15

Uyghur Autonomous Region; and 16

(3) other policies of the Government of the Peo-17

ple’s Republic of China in Xinjiang Uyghur Autono-18

mous Region that constitute gross violations of 19

human rights. 20

Æ

VerDate Sep 11 2014 23:44 May 14, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6301 E:\BILLS\S3744.CPS S3744kjoh

nson

on

DS

K79

L0C

42P

RO

D w

ith B

ILLS