Uyghur Genocide Accountability and Sanctions Act of 2023 (UGASA) (H.R.8124/S.1770)

The Uyghur Genocide Accountability and Sanctions Act of 2023 was introduced in the House (H.R.8124) by Rep. Chris Smith (R-NJ), for himself and Rep. Tom Suozzi (D-NJ), on April 24, 2023.

The bill was introduced in the Senate (S.1770) by Senator Marco Rubio (R-FL), for himself and Senator Jeff Merkley (D-OR) on May 31, 2023.

Expansion of Global Magnitsky Sanctions

The bill amends the Uyghur Human Rights Policy Act of 2020 and urges the President to fully implement the Global Magnitsky sanctions required under the Uyghur Human Rights Policy Act of 2020. The bill:

  • Expands the list of offenses to encompass systematic abuses such as rape, coercive abortion, forced sterilization, involuntary contraceptive implantation, human trafficking for organ removal, forced separation of children from parents, and forced deportation or refoulement.
  • Requires the President to identify and report foreign persons involved in providing significant goods, services, or technology to those engaged in the listed offenses.
  • Requires a report to Congress detailing these determinations.

Visa ban for perpetrators of forced sterilization and forced abortions

The bill amends the Foreign Relations Authorization Act, to enforce the prohibition of entry into the United States for individuals complicit in forced sterilizations, forced abortions, or other egregious population control policies.

Funding for medical and psychological care for refugees and diaspora members

The bill authorizes the Secretary of State, in conjunction with the United States Agency for International Development (USAID):

  • To allocate funds to provide medical care, physical therapy, and psychological support to individuals who belong to oppressed ethnic groups in China, such as Uyghurs, Kazakhs, and Kyrgyz, and those who have suffered atrocities like torture, forced sterilization, rape, forced labor, etc., and are residing outside of China. This includes funding of local capacity for care, including grants to treatment centers, research, and training to healthcare providers.
  • Requires a report to be submitted to the Senate and House committees detailing the assistance provided and projects initiated for such care.

Determination on sanctions eligibility for certain on tech companies 

Within 60 days, the Secretary of the Treasury will make a determination and submit a report to Congress on whether the following entities meet the criteria for Global Magnitsky Sanctions, in line with the Uyghur Human Rights Sanctions Review Act of 2023 (S.585/H.R.1234):

  1. Hangzhou Hikvision Digital Technology (Hikvision)
  2. Shenzhen Huada Gene Technology (BGI Group)
  3. China Electronics Technology Group
  4. Zhejiang Dahua Technology (Dahua)
  5. Tiandy Technologies
  6. Zhejiang Uniview Technologies
  7. Bytedance

Cultural destruction

The bill recognizes the Chinese government’s genocide in Xinjiang as an attempt to erase the cultural and linguistic heritage of oppressed ethnic groups, and

  • Urges the U.S. Government to utilize diplomatic, developmental, and cultural activities to safeguard the threatened cultural and linguistic heritages of these ethnic groups. 
  • Requires a report from the Secretary of State, in consultation with the Administrator of USAID, assessing the feasibility of establishing a grant program to protect these threatened heritages.
  • Authorizes appropriations for a Repressed Cultures Preservation Initiative within the Smithsonian Institution.

Countering genocide denial propaganda

  • Mandates the Secretary of State, in coordination with the U.S. Agency for Global Media, to devise a strategy to counter propaganda from Chinese-associated news sources denying or distorting the genocide and human rights abuses in Xinjiang.
  • Specifies elements the strategy should encompass, such as existing messaging strategies, metrics for success, new strategies, and additional funding requirements.
  • Requires a report to Congress within 30 days of passage of the bill. 

Assistance for documentation

  • Grants authority to the Secretary of State and the Administrator of the United States Agency for International Development to provide necessary assistance to entities for documenting, collecting, and preserving evidence related to genocide and crimes against humanity in Xinjiang.

Federal procurement ban on goods and services from entities that facilitate genocide

  • Prohibits executive agencies from entering into contracts for goods or services with individuals or entities identified in previous reports related to Uyghur human rights abuses, those involved in forced labor, or those determined to facilitate genocide or human rights abuses. The bill requires the President to submit a report on the implementation of this section to specific Senate and House committees

In addition, the House bill requires:

Strategy to deter and disrupt forced organ harvesting in the Uyghur Region

  • Requires the Secretary of State to create a strategy to deter and disrupt forced organ harvesting in the Uyghur Region, and submit a report to Congress within 90 days.
  • The report should make a determination whether forced organ harvesting has occurred in the Uyghur Region since 2017.
  • The report must include specific steps taken and authorities used, and detail diplomatic discussions with Member-States of the Organization of Islamic Cooperation (OIC) on organ tourism to China by citizens of OIC countries. 

In addition, the Senate bill requires:

Disclosures to the Securities and Exchange Commission (SEC)

The bill amends the Securities Exchange Act of 1934 to require disclosures related to activities in the Xinjiang Uyghur Autonomous Region (in line with the Uyghur Forced Labor Disclosure Act, which passed the House in 2021).

  • Within 180 days, mandates that the Securities and Exchange Committee (SEC) require publicly listed companies to include, in annual disclosures, documentation confirming they have not engaged in significant transactions with covered entities. They also need to disclose transparent supply chain links with entities in Xinjiang and are obligated to disclose in their annual or quarterly reports if they or any affiliate have engaged in activities with covered entities, detailing the nature, extent, and intent of such engagements.
  • Defines a “covered entity” broadly, encompassing entities engaged in various activities within the Xinjiang Uyghur Autonomous Region, including those involved in surveillance systems, constructing detention facilities for Uyghurs, and others.
  • Requires the Securities and Exchange Commission (SEC) to conduct annual assessments of issuer compliance and submit reports to Congress. Additionally, the Comptroller General will evaluate the SEC’s oversight effectiveness periodically and report to Congress.

Visit the UHRP U.S. Legislation Tracker for other bills endorsed by the Uyghur Human Rights Project.