UIGHUR Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1025 To counter the mass arbitrary detention of Turkic Muslims, including Uighurs, within the Xinjiang Uighur Autonomous Region of the People’s Republic of China, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 6, 2019 Mr. SHERMAN (for himself, Mr. YOHO, Mr. CONNOLLY, Mrs. WAGNER, Mr. MCGOVERN, Mr. WITTMAN, Mr. HASTINGS, Mr. COHEN, Mr. LYNCH, and Ms. WEXTON) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To counter the mass arbitrary detention of Turkic Muslims, including Uighurs, within the Xinjiang Uighur Autono- mous Region of the People’s Republic of China, and for other purposes. 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. 3 This Act may be cited as the ‘‘Uighur Intervention 4 and Global Humanitarian Unified Response Act of 2019’’ 5 or the ‘‘UIGHUR Act of 2019’’. 6 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1025 IH SEC. 2. FINDINGS AND STATEMENT OF POLICY. 1 (a) FINDINGS.—Congress finds the following: 2 (1) The continued commitment of the United 3 States to the international promotion of fundamental 4 rights and freedoms is critical to global stability and 5 the security and prosperity of the American people. 6 (2) The relationship between the United States 7 and the People’s Republic of China is of immense 8 geopolitical and economic importance, and it is im- 9 perative that bilateral engagement encompass the 10 full spectrum of contested issues, including human 11 rights matters such as freedom of speech and free- 12 dom of religion. 13 (3) The United Nations Committee on the 14 Elimination of Racial Discrimination has cited esti- 15 mates that approximately 1,000,000 ethnic or reli- 16 gious minorities within the Xinjiang Uighur Autono- 17 mous Region of the People’s Republic of China are 18 currently being arbitrarily detained in ‘‘political re- 19 education camps’’, including members of the Uighur, 20 Kazakh, Kyrgyz, and Tartar communities, among 21 others. 22 (4) The mass arbitrary detention of persons on 23 the basis of their religious or ethnic background, 24 without due process of law or individualized credible 25 allegations of wrongdoing against each detained indi- 26 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1025 IH vidual, is not a credible or effective counterterrorism 1 strategy and constitutes a severe violation of inter- 2 national norms and standards. 3 (5) Turkic Muslims within the Xinjiang Uighur 4 Autonomous Region, and elsewhere within the Peo- 5 ple’s Republic of China and globally, have further 6 been subjected to discriminatory policies and prac- 7 tices that seek to limit or otherwise restrict their ex- 8 ercise of universal rights. 9 (b) STATEMENT OF POLICY.—It is the policy of the 10 United States to— 11 (1) oppose the mass arbitrary detention of 12 Turkic Muslims within the People’s Republic of 13 China on the basis of their religion, ethnicity, or ac- 14 tual or perceived political views and without due 15 process protections; 16 (2) support efforts to combat governmental dis- 17 crimination against ethnic minorities within the Peo- 18 ple’s Republic of China, including against policies 19 which seek to suppress or otherwise constrain the re- 20 ligious, cultural, or linguistic practices of Turkic 21 Muslim communities or to limit the ability of mem- 22 bers of such communities to travel domestically or 23 internationally; 24 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1025 IH (3) hold senior regional officials in the Xinjiang 1 Uighur Autonomous Region of the People’s Republic 2 of China accountable for gross human rights viola- 3 tions within the Xinjiang Uighur Autonomous Re- 4 gion, including through the application of United 5 States sanctions authorities, and voice concerns re- 6 garding such violations in interactions with the Gov- 7 ernment of the People’s Republic of China; 8 (4) seek the immediate cessation of all efforts 9 by the Government of the People’s Republic of 10 China to intimidate, harass, or intrusively surveil 11 members of the Chinese diaspora community, includ- 12 ing Turkic Muslims, present within the United 13 States; 14 (5) pursue a lifting of all improper restrictions 15 upon journalists, nongovernmental organizations, 16 and American officials operating within, or seeking 17 to operate within, the Xinjiang Uighur Autonomous 18 Region; 19 (6) recognize that the actions of the Govern- 20 ment of the People’s Republic of China in the 21 Xinjiang Uighur Autonomous Region are inherently 22 linked with its One Belt One Road Initiative, as well 23 as its Strike Hard Campaign; and 24 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1025 IH (7) engage all appropriate instruments of 1 United States influence to combat gross violations of 2 human rights in the Xinjiang Uighur Autonomous 3 Region, penalize entities and persons that facilitate 4 such violations within the Xinjiang Uighur Autono- 5 mous Region, including the mass arbitrary detention 6 of Turkic Muslims, and deter policies or activities of 7 the People’s Republic of China, or agents thereof, 8 that seek to constrain the freedom of speech or reli- 9 gion of members of Turkic Muslim communities 10 globally. 11 SEC. 3. POLITICAL RE-EDUCATION AND MASS ARBITRARY 12 DETENTION. 13 (a) ADVOCACY WITH CHINESE AUTHORITIES.—The 14 Secretary of State, in meetings with representatives of the 15 Government of the People’s Republic of China, should 16 urge— 17 (1) the release of all persons detained in the 18 Xinjiang Uighur Autonomous Region of the People’s 19 Republic of China on the basis of their religion, eth- 20 nicity, or actual or perceived political views; 21 (2) an end to the practice of ‘‘political re-edu- 22 cation’’ or mass arbitrary detention practices deriva- 23 tive thereof; and 24 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1025 IH (3) the immediate cessation of all governmental 1 actions that discriminately deprive members of 2 Turkic Muslim communities, including the Uighur 3 community, of fundamental rights, such as freedom 4 of expression, freedom of religion, and freedom of 5 movement, including with respect to domestic or 6 international travel. 7 (b) DOCUMENTATION STUDY AND REPORT.— 8 (1) STUDY.—The Secretary of State, in coordi- 9 nation with the heads of other relevant Federal 10 agencies, shall conduct a study to document the 11 mass arbitrary detainment of Turkic Muslims in the 12 Xinjiang Uighur Autonomous Region of the People’s 13 Republic of China. Such study shall, at a minimum, 14 include geographic information regarding the loca- 15 tion of suspected detainment facilities, estimates of 16 the number of people detained in such facilities, a 17 timeline of escalatory discrimination against Turkic 18 Muslims, detailed information regarding the 19 refoulement of Turkic Muslims to the People’s Re- 20 public of China, and, to the maximum extent prac- 21 ticable, information derived from interviews with 22 former detainees of such facilities, including with re- 23 spect to conditions in detention facilities. 24 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1025 IH (2) REPORT.—Not later than one year after the 1 date of the enactment of this Act, the Secretary of 2 State shall prepare and make available to the public 3 a report that contains the results of the study con- 4 ducted under paragraph (1). 5 SEC. 4. INTERNATIONAL ADVOCACY. 6 (a) ADVOCACY AT THE UNITED NATIONS.—The 7 President should instruct representatives of the United 8 States at the United Nations to use the voice and vote 9 of the United States to condemn the mass arbitrary de- 10 tainment of Turkic Muslims within the Xinjiang Uighur 11 Autonomous Region of the People’s Republic of China, 12 and to encourage United Nations Member States to simi- 13 larly condemn and advocate against such activities. 14 (b) ADVOCACY IN CENTRAL ASIA.—The Secretary of 15 State, in meetings with representatives of relevant govern- 16 ments of Central Asian countries, should urge such gov- 17 ernments to provide appropriate assistance, including as- 18 surances of safety, to Turkic Muslims from the Xinjiang 19 Uighur Autonomous Region of the People’s Republic of 20 China residing in the respective territories of such coun- 21 tries. 22 (c) ADDITIONAL INTERNATIONAL ADVOCACY.—The 23 Secretary of State, in appropriate meetings with rep- 24 resentatives of foreign governments, particularly those af- 25 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1025 IH filiated with countries that participate in the Organisation 1 of Islamic Cooperation, should urge such governments to 2 raise the issue of human rights in the Xinjiang Uighur 3 Autonomous Region in their respective interactions with 4 officials of the People’s Republic of China. 5 (d) ADVOCACY AGAINST REFOULEMENT.—The Sec- 6 retary of State, in appropriate meetings with representa- 7 tives of foreign governments identified in the report re- 8 quired under subsection (g) of section 302 of the U.S.- 9 China Relations Act of 2000 (Public Law 106–286; 22 10 U.S.C. 6912), pursuant to the information required under 11 paragraph (3)(B) of subsection (h) of such section (as 12 added by section 14 of this Act), describing those coun- 13 tries that have refouled Turkic Muslims to the People’s 14 Republic of China, should urge such governments to not 15 repatriate or extradite Turkic Muslims to the People’s Re- 16 public of China when such persons may be subject to gross 17 violations of basic human rights, including mass arbitrary 18 detention, or on the basis of conduct or associations which 19 would not constitute offenses under United States law or 20 regulation. 21 SEC. 5. APPLICATION OF GLOBAL MAGNITSKY HUMAN 22 RIGHTS ACCOUNTABILITY ACT. 23 (a) SENSE OF CONGRESS.—It is the sense of Con- 24 gress that the President should consider imposing sanc- 25 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1025 IH tions under the Global Magnitsky Human Rights Account- 1 ability Act (subtitle F of title XII of the National Defense 2 Authorization Act for Fiscal Year 2017 (Public Law 114– 3 328; 22 U.S.C. 2656 note)) against senior regional offi- 4 cials in the Xinjiang Uighur Autonomous Region respon- 5 sible for facilitating the mass arbitrary detention of Turkic 6 Muslims within such region, until such time as such senior 7 regional officials cease to participate in such activities. 8 (b) PUBLIC STATEMENT.—Not later than 180 days 9 after the date of the enactment of this Act, the President 10 shall release a public statement, to be made available 11 prominently on the website of the White House or an ap- 12 propriate Federal agency, regarding any sanctions against 13 senior regional officials in the Xinjiang Uighur Autono- 14 mous Region. 15 (c) REPORT.— 16 (1) IN GENERAL.—In the event sanctions have 17 not been imposed against senior regional officials in 18 the Xinjiang Uighur Autonomous Region by the date 19 that is 180 days after the date of the enactment of 20 this Act, the President shall transmit to the Com- 21 mittee on Foreign Affairs of the House of Rep- 22 resentatives and the Committee on Foreign Rela- 23 tions of the Senate and make available to the public 24 a report detailing the deliberations underlying the 25 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1025 IH determinations of the President to not impose such 1 sanctions. 2 (2) FORM.—Any report required under para- 3 graph (1) shall be transmitted in unclassified form 4 but may contain a classified annex. 5 SEC. 6. RESTRICTIONS ON FEDERAL PROCUREMENT. 6 (a) FOREIGN PROHIBITION.—Except as provided in 7 subsection (d), the head of an executive agency may not 8 enter into or renew a contract, on or after the date that 9 is one year after the date of the enactment of this Act, 10 for the procurement of goods or services with a foreign 11 person who at any time within the preceding three years 12 substantially facilitated or provided substantial knowing 13 assistance, as determined by such head in accordance with 14 subsection (c), with respect to the mass arbitrary detain- 15 ment of Turkic Muslims within the Xinjiang Uighur Au- 16 tonomous Region of the People’s Republic of China on the 17 basis of associations or conduct which would not constitute 18 offenses under United States law or regulation. 19 (b) DOMESTIC CONSIDERATION.—Except as provided 20 in subsection (d), the head of an executive agency shall, 21 before entering into or renewing a contract, on or after 22 the date that is one year after the date of the enactment 23 of this Act, for the procurement of goods or services with 24 a United States person who at any time within the pre- 25 VerDate Sep 11 2014 23:51 Feb 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1025 IH ceding three years substantially facilitated or provided 1 substantial knowing assistance, as determined by such 2 head in accordance with subsection (c), with respect to the 3 mass arbitrary detainment of Turkic Muslims within the 4 Xinjiang Uighur Autonomous Region of the People’s Re- 5 public of China on the basis of associations or conduct 6 which would not constitute offenses under United States 7 law or regulation, take into consideration such facilitation 8 or assistance (as the case may be), provide adverse consid- 9 eration to such proposed contract, and, to the extent prac- 10 ticable, assess the availability of such goo [Text truncated for display. 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