[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 649 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 649
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 HOUSE OF REPRESENTATIVES
January 17, 2019
Mr. Smith of New Jersey (for himself, Mr. Suozzi, Mr. McCaul, Mr.
Chabot, Mr. Sherman, Mr. Connolly, Mr. Sires, Mr. Kennedy, Ms. Pingree,
Mr. Cohen, Mr. Meadows, Mr. Wilson of South Carolina, Mr.
Krishnamoorthi, and Mrs. Wagner) introduced the following bill; which
was referred to the Committee on Foreign Affairs, and in addition to
the Committees on Intelligence (Permanent Select), and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To 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,
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
predominantly 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 (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, which
China has signed but not yet ratified.
(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 of, the ethnic minority
communities of Xinjiang.
(5) Those policies included--
(A) pervasive, high-tech surveillance across the
region, including the arbitrary collection of biodata,
including 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 (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).
(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,
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''.
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
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;
(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;
(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;
(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; and
(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.
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 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.
(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.
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) 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.
SEC. 9. ANNUAL REPORT.
(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 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 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;
(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 predominantly
Muslim ethnic minorities in the Xinjiang region; and
(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.
(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 predominantly Muslim ethnic minorities have ended in the Xinjiang
region.
SEC. 10. SPECIAL COORDINATOR AT THE DEPARTMENT OF STATE.
(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.
(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.
(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
predominantly Muslim ethnic minorities have ended in the Xinjiang
region.
(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.
<all>