U.S. Innovation and Competition Act (S.1260)

Passed by the Senate on June 8, 2021

Below are the provisions related to Uyghur human rights issues:

Sec. 3141 China Censorship Monitor and Action Group

Within 90 days of enactment of the act, the Secretary of State will contract an independent research agency to write a report on Chinese government censorship and intimidation in the US. 

Sec. 3211 Sense of Congress on Centrality of Sanctions, etc. to strategic competition with China

The executive branch has not fully implemented the required Global Magnitsky sanctions described in subsection (a)(4) of the Uyghur Human Rights Policy Act (Public Law 116–145). The implementation of those sanctions is necessary. 

Sec. 3241 Statement of Policy on Cooperation with Allies and Partners Around the World

It is the policy of the US to strengthen alliances with like-minded countries to collaborate to promote human rights and end the repression of Uyghurs.  

Sec. 3255 Sense of Congress on the Transatlantic Alliance

The US and Europe share values grounded in human rights, and should work together to address the abuses occurring in the Uyghur Region.  

Sec. 3262 Strategy to Enhance Cooperation with South and Central Asia 

The President will submit ‘A detailed description of United States diplomatic efforts with Central Asian countries, Turkey, and any other countries with significant populations of Uyghurs and other ethnic minorities fleeing persecution in the People’s Republic of China, to press those countries to refrain from deporting ethnic minorities to the People’s Republic of China, protect ethnic minorities from intimidation by Chinese government authorities, and protect the right to the freedoms of assembly and expression.’ 

Sec. 3302 Imposition of Sanction Related to Forced Labor

According to Section 6(a)(1) of the Uyghur Human Rights Policy Act (Public Law 116–145), the President is required to impose Global Magnitsky sanctions on persons engaging in certain human rights violations in the Uyghur Region. The Uyghur Human Rights Policy Act is amended to include “Serious human rights abuses in connection with forced labor” as cause for sanctions.  

Sec. 3303 Imposition of Sanctions with Respect to Systematic Rape, Coercive Abortion, Forced Sterilization, or Involuntary Contraceptive Implantation 

Amends Section 6(a)(1)of the Uyghur Human Rights Policy Act (Public Law 116–145) to include “Systematic rape, coercive abortion, forced sterilization, or involuntary contraceptive implantation policies and practices.”

Sec. 3308 Sense of Congress on Treatment of Uyghurs and Other Ethnic Minorities

The President, Secretary of State, and US Ambassador to the UN should speak publicly about human rights abuses in the Uyghur Region, and continue to use targeted sanctions and all diplomatic tools to hold the perpetrators accountable. US agencies engaging with China on trade, climate, defense or other bilateral issues should include abuses of Uyghur human rights as a policy consideration, and the US supports the requests of the UN High Commissioner for unfettered access to the Uyghur Region. The US and its allies should develop strategies to investigate human rights abuses in the Uyghur region and transfer the evidence to a competent court. 

Sec. 3311 Authorization of Appropriations for Protecting Human Rights

Clarifies that State Department democracy and human rights funding can be allocated to NGOs that prioritize “freedoms of association, assembly, religion, and expression for women, human rights activists, and ethnic and religious minorities in the People’s Republic of China.” (Ref. to Section 409 of the Asia Reassurance Initiative Act of 2018.)

Sec. 3312 Diplomatic Boycott of the XXIV Olympic and XII Paralympic Winter Games

The US shall implement a diplomatic boycott of the Olympics and call for an end to the Uyghur genocide. 

Sec. 3316 Supporting Independent Media and Countering Disinformation 

The US Agency for Global Media (USAGM) is allocated $100,000,000, of which at least $20,000,000 will go to Radio Free Asia’s (RFA) Mandarin, Tibetan, Cantonese, and Uyghur language services. 

Sec. 3407 Annual Review of the Presence of Chinese Companies in United States Capital Markets

The Secretary of State shall submit a report, part of which identifies companies that have contributed to the repression of religious and ethnic minorities in the PRC, including within the Uyghur Region. 

General Provisions of Importance

Sec. 3305  Removal of Members of the United Nations Human Rights Council that Commit Human Rights Abuses

The President shall direct the UN to reform the process of removing members from the UN Human Rights Council so that counties which commit gross and systematic violations of human rights are not elected to, nor remain on, the Human Rights Council. 

Sec. 5211 Review and Controls on Export of Items with Critical Capabilities to Enable Human Rights Abuses

The heads of appropriate federal agencies will conduct a review of Section 742.7 of the Export Administration Regulations, the law that requires a license to export crime control and detection equipment. A determination will be issued as to whether additional export controls are needed to protect human rights, specifically on items with critical capabilities in censorship, surveillance, internet monitoring, biometric facial or vocal identification, and DNA sequencing. Furthermore, the review will determine if end-use controls should be imposed on exports. This means that if the exporteer has knowledge of the use of items for human rights abuses, or if there is a determination by the Secretary that the end-user will use the item for abuses, then controls would be imposed.

Sec. 71001 Investigation of Allegations of Goods Produced by Forced Labor

Amends Section 307 of the Tariff Act of 1930 ((19 U.S.C. 9 1307)) to create a new Forced Labor Division within Customs and Border Patrol (CBP). A recent CRS report identified understaffing as the primary issue in enforcement of Section 307, causing the CBP to drop investigations and monitor cases. The Forced Labor Division will investigate allegations of forced labor and coordinate with other agencies to enforce the prohibition on entry.