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S. 3744: Uyghur Human Rights Policy Act of 2020


The text of the bill below is as of May 22, 2020 (Preprint (Suspension)).


116TH CONGRESS
   2D SESSION
                     S. 3744

                     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.

 1      Be it enacted by the Senate and House of Representa-
 2 tives of the United States of America in Congress assembled,

2 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘Uyghur Human Rights Policy Act of 2020’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 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 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. 6 SEC. 2. STATEMENT OF PURPOSE. 7 The purpose of this Act is to direct United States 8 resources to address human rights violations and abuses, 9 including gross violations of human rights, by the Govern- 10 ment of the People’s Republic of China through the mass 11 surveillance and internment of over 1,000,000 Uyghurs, 12 ethnic Kazakhs, Kyrgyz, and members of other Muslim 13 minority groups in Xinjiang Uyghur Autonomous Region. 14 SEC. 3. FINDINGS. 15 Congress makes the following findings: 16 (1) The Government of the People’s Republic of 17 China has a long history of repressing Turkic Mus- 18 lims and other Muslim minority groups, particularly † S 3744 ES
3 1 Uyghurs, in Xinjiang Uyghur Autonomous Region. 2 In recent decades, central and regional Chinese gov- 3 ernment policies have systematically discriminated 4 against these minority groups by denying them a 5 range of civil and political rights, including the free- 6 dom of expression, religion, and movement, and the 7 right to a fair trial. 8 (2) In May 2014, the Government of the Peo- 9 ple’s Republic of China launched its latest ‘‘Strike 10 Hard Against Violent Extremism’’ campaign, using 11 wide-scale, internationally-linked threats of terrorism 12 as a pretext to justify pervasive restrictions on and 13 serious human rights violations of members of ethnic 14 minority communities in Xinjiang Uyghur Autono- 15 mous Region. The August 2016 appointment of 16 former Tibet Autonomous Region Party Secretary 17 Chen Quanguo to be Party Secretary of Xinjiang 18 Uyghur Autonomous Region accelerated the crack- 19 down across the region. Scholars, human rights or- 20 ganizations, journalists, and think tanks have pro- 21 vided ample evidence substantiating the establish- 22 ment by the Government of the People’s Republic of 23 China of internment camps. Since 2014, the Govern- 24 ment of the People’s Republic of China has detained 25 more than 1,000,000 Uyghurs, ethnic Kazakhs, † S 3744 ES
4 1 Kyrgyz, and members of other Muslim minority 2 groups in these camps. The total ethnic minority 3 population of Xinjiang Uyghur Autonomous Region 4 was approximately 13,000,000 at the time of the 5 last census conducted by the People’s Republic of 6 China in 2010. 7 (3) The Government of the People’s Republic of 8 China’s actions against Uyghurs, ethnic Kazakhs, 9 Kyrgyz, and members of other Muslim minority 10 groups in Xinjiang Uyghur Autonomous Region vio- 11 late international human rights laws and norms, in- 12 cluding— 13 (A) the International Convention on the 14 Elimination of All Forms of Racial Discrimina- 15 tion, to which the People’s Republic of China 16 has acceded; 17 (B) the Convention against Torture and 18 Other Cruel, Inhuman or Degrading Treatment 19 or Punishment, which the People’s Republic of 20 China has signed and ratified; 21 (C) the International Covenant on Civil 22 and Political Rights, which the People’s Repub- 23 lic of China has signed; and 24 (D) the Universal Declaration of Human 25 Rights. † S 3744 ES
5 1 (4) Senior Chinese Communist Party officials, 2 including current Xinjiang Uyghur Autonomous Re- 3 gion Party Secretary Chen Quanguo, who executes 4 Chinese government policy in the region, and former 5 Xinjiang Uyghur Autonomous Region Deputy Party 6 Secretary Zhu Hailun, who crafted many of the poli- 7 cies implemented in the region, bear direct responsi- 8 bility for gross human rights violations committed 9 against Uyghurs, ethnic Kazakhs, Kyrgyz, and mem- 10 bers of other Muslim minority groups. These abuses 11 include the arbitrary detention of more than 12 1,000,000 Uyghurs, ethnic Kazakhs, Kyrgyz, and 13 members of other Muslim minority groups, separa- 14 tion of working age adults from children and the el- 15 derly, and the integration of forced labor into supply 16 chains. 17 (5) Those detained in internment camps in 18 Xinjiang Uyghur Autonomous Region have described 19 forced political indoctrination, torture, beatings, food 20 deprivation, and denial of religious, cultural, and lin- 21 guistic freedoms. These victims have confirmed that 22 they were told by guards that the only way to secure 23 their release was to demonstrate sufficient political 24 loyalty. Poor conditions and lack of medical treat- 25 ment at such facilities appear to have contributed to † S 3744 ES
6 1 the deaths of some detainees, including the elderly 2 and infirm. 3 (6) Uyghurs and ethnic Kazakhs who have ob- 4 tained permanent residence or citizenship in other 5 countries report being subjected to threats and har- 6 assment from Chinese officials. At least 5 journalists 7 for Radio Free Asia’s Uyghur service have publicly 8 detailed abuses their family members in Xinjiang 9 Uyghur Autonomous Region have endured in re- 10 sponse to their work exposing the Government of the 11 People’s Republic of China’s abusive policies. 12 (7) In September 2018, United Nations High 13 Commissioner for Human Rights Michelle Bachelet 14 noted in her first speech as High Commissioner the 15 ‘‘deeply disturbing allegations of large-scale arbi- 16 trary detentions of Uighurs and other Muslim com- 17 munities, in so-called reeducation camps across 18 Xinjiang’’. 19 (8) In 2019, the Congressional-Executive Com- 20 mission on China concluded that, based on available 21 evidence, the establishment and actions committed in 22 the internment camps in Xinjiang Uyghur Autono- 23 mous Region may constitute ‘‘crimes against human- 24 ity’’. † S 3744 ES
7 1 (9) On December 31, 2018, President Donald 2 J. Trump signed into law the Asia Reassurance Ini- 3 tiative Act of 2018 (Public Law 115–409), which— 4 (A) condemns the People’s Republic of 5 China’s ‘‘forced disappearances, extralegal de- 6 tentions, invasive and omnipresent surveillance, 7 and lack of due process in judicial pro- 8 ceedings’’; 9 (B) authorizes funding to promote democ- 10 racy, human rights, and the rule of law in the 11 People’s Republic of China; and 12 (C) supports sanctions designations 13 against any entity or individual that— 14 (i) violates human rights or religious 15 freedoms; or 16 (ii) engages in censorship activities. 17 SEC. 4. SENSE OF CONGRESS. 18 It is the sense of Congress that— 19 (1) the President should— 20 (A) condemn abuses against Uyghurs, eth- 21 nic Kazakhs, Kyrgyz, members of other Muslim 22 minority groups, and other persons by authori- 23 ties of the People’s Republic of China; and 24 (B) call on such authorities to imme- 25 diately— † S 3744 ES
8 1 (i) close the internment camps; 2 (ii) lift all restrictions on, and ensure 3 respect for, human rights; and 4 (iii) allow people inside the People’s 5 Republic of China to reestablish contact 6 with their loved ones, friends, and associ- 7 ates outside the People’s Republic of 8 China; 9 (2) the Secretary of State should consider stra- 10 tegically employing sanctions and other tools under 11 the International Religious Freedom Act of 1998 12 (22 U.S.C. 6401 et seq.), including measures result- 13 ing from the designation of the People’s Republic of 14 China as a country of particular concern for reli- 15 gious freedom under section 402(b)(1)(A)(ii) of such 16 Act (22 U.S.C. 6442(b)(1)(A)(ii)), that directly ad- 17 dress particularly severe violations of religious free- 18 dom; 19 (3) the Secretary of State should— 20 (A) work with United States allies and 21 partners and through multilateral institutions 22 to condemn the mass arbitrary detention of 23 Uyghurs, ethnic Kazakhs, Kyrgyz, and mem- 24 bers of other Muslim minority groups in 25 Xinjiang Uyghur Autonomous Region; and † S 3744 ES
9 1 (B) coordinate closely with the inter- 2 national community on targeted sanctions and 3 visa restrictions; 4 (4) the journalists of the Uyghur language serv- 5 ice of Radio Free Asia should be commended for 6 their reporting on the human rights and political sit- 7 uation in Xinjiang Uyghur Autonomous Region de- 8 spite efforts by the Government of the People’s Re- 9 public of China to silence or intimidate their report- 10 ing through the detention of family members and 11 relatives in China; 12 (5) the United States should expand the avail- 13 ability of and capacity for Uyghur language pro- 14 gramming on Radio Free Asia in Xinjiang Uyghur 15 Autonomous Region; 16 (6) the Federal Bureau of Investigation and ap- 17 propriate United States law enforcement agencies 18 should take steps to hold accountable officials from 19 the People’s Republic of China or individuals acting 20 on their behalf who harass, threaten, or intimidate 21 persons within the United States; and 22 (7) United States companies and individuals 23 selling goods or services or otherwise operating in 24 Xinjiang Uyghur Autonomous Region should take † S 3744 ES
10 1 steps, including in any public or financial filings, to 2 ensure that— 3 (A) their commercial activities are not con- 4 tributing to human rights violations in Xinjiang 5 Uyghur Autonomous Region or elsewhere in 6 China; and 7 (B) their supply chains are not com- 8 promised by forced labor. 9 SEC. 5. UPDATING STATEMENT OF UNITED STATES POLICY 10 TOWARD THE PEOPLE’S REPUBLIC OF CHINA. 11 Section 901(b) of the Foreign Relations Authoriza- 12 tion Act, Fiscal Years 1990 and 1991 (Public Law 101– 13 246; 104 Stat. 84) is amended— 14 (1) by redesignating paragraphs (7), (8), and 15 (9) as paragraphs (8), (9), and (10), respectively; 16 and 17 (2) by inserting after paragraph (6) the fol- 18 lowing: 19 ‘‘(7) United States policy toward the People’s 20 Republic of China should be explicitly linked to the 21 situation in Xinjiang Uyghur Autonomous Region, 22 specifically as to whether— 23 ‘‘(A) the internment of Uyghurs, ethnic 24 Kazakhs, Kyrgyz, and members of other Mus- † S 3744 ES
11 1 lim minority groups in internment camps has 2 ended; 3 ‘‘(B) all political prisoners are released; 4 ‘‘(C) the use of mass surveillance and pre- 5 dictive policing to discriminate against and vio- 6 late the human rights of members of specific 7 ethnic groups has ceased and is not evident in 8 other parts of China; and 9 ‘‘(D) the Government of the People’s Re- 10 public of China has ended particularly severe 11 restrictions of religious and cultural practice in 12 Xinjiang Uyghur Autonomous Region;’’. 13 SEC. 6. IMPOSITION OF SANCTIONS. 14 (a) REPORT REQUIRED.— 15 (1) IN GENERAL.—Not later than 180 days 16 after the date of the enactment of this Act, and not 17 less frequently than annually thereafter, the Presi- 18 dent shall submit a report to the Committee on For- 19 eign Relations of the Senate, the Committee on 20 Banking, Housing, and Urban Affairs of the Senate, 21 the Committee on Foreign Affairs of the House of 22 Representatives, and the Committee on Financial 23 Services of the House of Representatives that identi- 24 fies each foreign person, including any official of the 25 Government of the People’s Republic of China, that † S 3744 ES
12 1 the President determines is responsible for any of 2 the following with respect to Uyghurs, ethnic 3 Kazakhs, Kyrgyz, members of other Muslim minor- 4 ity groups, or other persons in Xinjiang Uyghur Au- 5 tonomous Region: 6 (A) Torture. 7 (B) Cruel, inhuman, or degrading treat- 8 ment or punishment. 9 (C) Prolonged detention without charges 10 and trial. 11 (D) Causing the disappearance of persons 12 by the abduction and clandestine detention of 13 those persons. 14 (E) Other flagrant denial of the right to 15 life, liberty, or the security of persons. 16 (2) FORM.—The report required under para- 17 graph (1) shall be submitted in unclassified form, 18 but may contain a classified annex. 19 (b) IMPOSITION OF SANCTIONS.—The President shall 20 impose the sanctions described in subsection (c) with re- 21 spect to each foreign person identified in the report re- 22 quired under subsection (a)(1). 23 (c) SANCTIONS DESCRIBED.—The sanctions de- 24 scribed in this subsection are the following: † S 3744 ES
13 1 (1) ASSET BLOCKING.—The President shall ex- 2 ercise all of the powers granted to the President 3 under the International Emergency Economic Pow- 4 ers Act (50 U.S.C. 1701 et seq.) to the extent nec- 5 essary to block and prohibit all transactions in prop- 6 erty and interests in property of a foreign person 7 identified in the report required under subsection 8 (a)(1) if such property and interests in property— 9 (A) are in the United States; 10 (B) come within the United States; or 11 (C) come within the possession or control 12 of a United States person. 13 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR 14 PAROLE.— 15 (A) VISAS, ADMISSION, OR PAROLE.—An 16 alien described in subsection (a)(1) is— 17 (i) inadmissible to the United States; 18 (ii) ineligible to receive a visa or other 19 documentation to enter the United States; 20 and 21 (iii) otherwise ineligible to be admitted 22 or paroled into the United States or to re- 23 ceive any other benefit under the Immigra- 24 tion and Nationality Act (8 U.S.C. 1101 et 25 seq.). † S 3744 ES
14 1 (B) CURRENT VISAS REVOKED.— 2 (i) IN GENERAL.—An alien described 3 in subsection (a)(1) is subject to revocation 4 of any visa or other entry documentation 5 regardless of when the visa or other entry 6 documentation is or was issued. 7 (ii) IMMEDIATE EFFECT.—A revoca- 8 tion under clause (i) shall— 9 (I) take effect immediately; and 10 (II) cancel any other valid visa or 11 entry documentation that is in the 12 alien’s possession. 13 (3) PENALTIES.—The penalties provided for in 14 subsections (b) and (c) of section 206 of the Inter- 15 national Emergency Economic Powers Act (50 16 U.S.C. 1705) shall apply to a foreign person that 17 violates, attempts to violate, conspires to violate, or 18 causes a violation of paragraph (1) to the same ex- 19 tent that such penalties apply to a person that com- 20 mits an unlawful act described in subsection (a) of 21 such section 206. 22 (d) IMPLEMENTATION.—The President may exercise 23 all authorities provided under sections 203 and 205 of the 24 International Emergency Economic Powers Act (50 25 U.S.C. 1702 and 1704) to carry out this section. † S 3744 ES
15 1 (e) WAIVER.—The President may waive the applica- 2 tion of sanctions under this section with respect to a per- 3 son identified in the report required under subsection 4 (a)(1) if the President determines and certifies to the 5 Committee on Foreign Relations of the Senate, the Com- 6 mittee on Banking, Housing, and Urban Affairs of the 7 Senate, the Committee on Foreign Affairs of the House 8 of Representatives, and the Committee on Financial Serv- 9 ices of the House of Representatives that such a waiver 10 is in the national interest of the United States. 11 (f) EXCEPTIONS.— 12 (1) EXCEPTION FOR INTELLIGENCE ACTIVI- 13 TIES.—Sanctions under this section shall not apply 14 to any activity subject to the reporting requirements 15 under title V of the National Security Act of 1947 16 (50 U.S.C. 3091 et seq.) or any authorized intel- 17 ligence activities of the United States. 18 (2) EXCEPTION TO COMPLY WITH INTER- 19 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE- 20 MENT ACTIVITIES.—Sanctions under subsection 21 (c)(2) shall not apply with respect to an alien if ad- 22 mitting or paroling the alien into the United States 23 is necessary— 24 (A) to permit the United States to comply 25 with the Agreement regarding the Head- † S 3744 ES
16 1 quarters of the United Nations, signed at Lake 2 Success June 26, 1947, and entered into force 3 November 21, 1947, between the United Na- 4 tions and the United States, or other applicable 5 international obligations; or 6 (B) to carry out or assist law enforcement 7 activity in the United States. 8 (3) EXCEPTION RELATING TO IMPORTATION OF 9 GOODS.— 10 (A) IN GENERAL.—The authorities and re- 11 quirements to impose sanctions authorized 12 under this section shall not include the author- 13 ity or a requirement to impose sanctions on the 14 importation of goods. 15 (B) GOOD DEFINED.—In this paragraph, 16 the term ‘‘good’’ means any article, natural or 17 manmade substance, material, supply, or manu- 18 factured product, including inspection and test 19 equipment, and excluding technical data. 20 (g) TERMINATION OF SANCTIONS.—The President 21 may terminate the application of sanctions under this sec- 22 tion with respect to a person if the President determines 23 and reports to the Committee on Foreign Relations of the 24 Senate, the Committee on Banking, Housing, and Urban 25 Affairs of the Senate, the Committee on Foreign Affairs † S 3744 ES
17 1 of the House of Representatives, and the Committee on 2 Financial Services of the House of Representatives not 3 later than 15 days before the termination takes effect 4 that— 5 (1) information exists that the person did not 6 engage in the activity for which sanctions were im- 7 posed; 8 (2) the person has been prosecuted appro- 9 priately for the activity for which sanctions were im- 10 posed; 11 (3) the person has credibly demonstrated a sig- 12 nificant change in behavior, has paid an appropriate 13 consequence for the activity for which sanctions were 14 imposed, and has credibly committed to not engage 15 in an activity described in subsection (a)(1) in the 16 future; or 17 (4) the termination of the sanctions is in the 18 national security interests of the United States. 19 (h) SUNSET.—This section, and any sanctions im- 20 posed under this section, shall terminate on the date that 21 is 5 years after the date of the enactment of this Act. 22 (i) DEFINITIONS.—In this section: 23 (1) ADMISSION; ADMITTED; ALIEN.—The terms 24 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the † S 3744 ES
18 1 meanings given those terms in section 101 of the 2 Immigration and Nationality Act (8 U.S.C. 1101). 3 (2) FOREIGN PERSON.—The term ‘‘foreign per- 4 son’’ means a person that is not a United States 5 person. 6 (3) UNITED STATES PERSON.—The term 7 ‘‘United States person’’ means— 8 (A) a United States citizen or an alien law- 9 fully admitted for permanent residence to the 10 United States; or 11 (B) an entity organized under the laws of 12 the United States or any jurisdiction within the 13 United States, including a foreign branch of 14 such an entity. 15 SEC. 7. REPORT ON HUMAN RIGHTS ABUSES IN XINJIANG 16 UYGHUR AUTONOMOUS REGION. 17 (a) IN GENERAL.—Not later than 180 days after the 18 date of the enactment of this Act, the Secretary of State, 19 in consultation with the heads of other relevant Federal 20 departments and agencies and civil society organizations, 21 shall— 22 (1) submit a report on human rights abuses in 23 Xinjiang Uyghur Autonomous Region to the Com- 24 mittee on Foreign Relations of the Senate and the † S 3744 ES
19 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; † S 3744 ES
20 1 (5) an assessment of the use and nature of 2 forced labor in and related to the detention of 3 Turkic Muslims in Xinjiang Uyghur Autonomous 4 Region, including a description of foreign companies 5 and industries directly benefitting from such labor; 6 (6) an assessment of the level of access to 7 Xinjiang Uyghur Autonomous Region granted by the 8 Government of the People’s Republic of China to 9 foreign diplomats and consular agents, independent 10 journalists, and representatives of nongovernmental 11 organizations; 12 (7) an assessment of the mass surveillance, pre- 13 dictive policing, and other methods used by the Gov- 14 ernment of the People’s Republic of China to violate 15 the human rights of persons in Xinjiang Uyghur Au- 16 tonomous Region; 17 (8) a description of the frequency with which 18 foreign governments are forcibly returning Uyghurs, 19 ethnic Kazakhs, Kyrgyz, and other refugees and asy- 20 lum seekers to the People’s Republic of China; 21 (9) a description, as appropriate, of United 22 States diplomatic efforts with allies and other na- 23 tions— † S 3744 ES
21 1 (A) to address the gross violations of 2 human rights in Xinjiang Uyghur Autonomous 3 Region; and 4 (B) to protect asylum seekers from the re- 5 gion; and 6 (10) the identification of the offices within the 7 Department of State that are responsible for leading 8 and coordinating the diplomatic efforts referred to in 9 paragraph (9). 10 SEC. 8. REPORT ON PROTECTING CITIZENS AND RESI- 11 DENTS OF THE UNITED STATES FROM INTIMI- 12 DATION AND COERCION. 13 Not later than 90 days after the date of the enact- 14 ment of this Act, the Director of the Federal Bureau of 15 Investigation, in consultation with the Secretary of State, 16 shall submit a report to the Committee on Foreign Rela- 17 tions of the Senate, the Committee on the Judiciary of 18 the Senate, the Select Committee on Intelligence of the 19 Senate, the Committee on Foreign Affairs of the House 20 of Representatives, the Committee on the Judiciary of the 21 House of Representatives, and the Permanent Select Com- 22 mittee on Intelligence of the House of Representatives 23 that outlines all of the efforts to protect United States 24 citizens and residents, including ethnic Uyghurs and Chi- 25 nese nationals legally studying or working temporarily in † S 3744 ES
22 1 the United States, who have experienced harassment or 2 intimidation within the United States by officials or 3 agents of the Government of the People’s Republic of 4 China. 5 SEC. 9. REPORT ON SECURITY AND ECONOMIC IMPLICA- 6 TIONS OF REPRESSION IN XINJIANG UYGHUR 7 AUTONOMOUS REGION BY THE GOVERNMENT 8 OF THE PEOPLE’S REPUBLIC OF CHINA. 9 (a) IN GENERAL.—Not later than 180 days after the 10 date of the enactment of this Act, the Director of National 11 Intelligence, in coordination with the Secretary of State, 12 shall submit a report to the Committee on Foreign Rela- 13 tions of the Senate, the Select Committee on Intelligence 14 of the Senate, the Committee on Foreign Affairs of the 15 House of Representatives, and the Permanent Select Com- 16 mittee on Intelligence of the House of Representatives on 17 the matters described in subsection (b). 18 (b) MATTERS TO BE INCLUDED.— The report re- 19 quired under subsection (a) shall include— 20 (1) an assessment of the national and regional 21 security threats posed to the United States by the 22 policies of the Government of the People’s Republic 23 of China in Xinjiang Uyghur Autonomous Region; 24 (2) a description of— † S 3744 ES
23 1 (A) the acquisition or development of tech- 2 nology by the Government of the People’s Re- 3 public of China to facilitate internment and 4 mass surveillance in Xinjiang Uyghur Autono- 5 mous Region, including technology related to 6 predictive policing and large-scale data collec- 7 tion and analysis; and 8 (B) the threats that the acquisition, devel- 9 opment, and use of such technologies pose to 10 the United States; 11 (3) a list of Chinese companies that are in- 12 volved in— 13 (A) constructing or operating the intern- 14 ment camps in Xinjiang Uyghur Autonomous 15 Region; or 16 (B) providing or operating mass surveil- 17 lance technology in Xinjiang Uyghur Autono- 18 mous Region; and 19 (4) a description of the role of the Xinjiang 20 Production and Construction Corps in internment 21 and forced labor in Xinjiang Uyghur Autonomous 22 Region. 23 (c) FORM OF REPORT.—The report required under 24 subsection (a) shall be submitted in an unclassified form, 25 but may contain a classified annex. † S 3744 ES
24 1 SEC. 10. CLASSIFIED REPORT. 2 The Director of National Intelligence, in consultation 3 with such elements of the Intelligence Community as the 4 Director deems appropriate, shall submit a classified re- 5 port to the Select Committee on Intelligence of the Senate 6 and the Permanent Select Committee on Intelligence of 7 the House of Representatives that assesses the ability of 8 the United States Government to collect and analyze intel- 9 ligence regarding— 10 (1) the scope and scale of the detention and 11 forced labor of Uyghurs, ethnic Kazakhs, Kyrgyz, 12 and members of other Muslim minority groups in 13 the People’s Republic of China; 14 (2) the gross violations of human rights per- 15 petrated inside the internment camps in Xinjiang 16 Uyghur Autonomous Region; and 17 (3) other policies of the Government of the Peo- 18 ple’s Republic of China in Xinjiang Uyghur Autono- 19 mous Region that constitute gross violations of 20 human rights. Passed the Senate May 14, 2020. Attest: Secretary. † S 3744 ES

116TH CONGRESS 2D SESSION S. 3744 AN ACT To condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harass- ment of these communities inside and outside China.