Sec. 601 Supporting a free and democratic China
It is the policy of the United States to support a free and democratic China which respects the human rights and civil liberties of the people of China.
Title VI — Matters Related to Democracy, Human Rights and Taiwan
VI Matters Related to Democracy, Human Rights and Taiwan
Sec. 602 American Institute in Taiwan
The position of Director of the American Institute in Taiwan’s Taipei office shall be subject to the advice and consent of the Senate, and effective upon enactment of this Act shall have the title of Representative.
Sec. 603 Prohibitions against undermining United States policy regarding Taiwan
Finding— Congress finds that the efforts by the Government of the People’s Republic of China (PRC) and the Chinese Communist Party to compel private United States businesses, corporations, and nongovernmental entities to use PRC-mandated language to describe the relationship between Taiwan and China are an intolerable attempt to enforce political censorship globally and should be considered an attack on the fundamental underpinnings of all democratic and free societies, including the constitutionally protected right to freedom of speech.
Sense of congress— It is the sense of Congress that the United States Government, in coordination with United States businesses and nongovernmental entities, should formulate a code of conduct for interacting with the Government of the People’s Republic of China and the Chinese Communist Party and affiliated entities, the aim of which is—
to counter PRC sharp power operations, which threaten free speech, academic freedom, and the normal operations of United States businesses and nongovernmental entities; and
to counter PRC efforts to censor the way the world refers to issues deemed sensitive to the Government of the People’s Republic of China and Chinese Communist Party leaders, including issues related to Taiwan, Tibet, the Tiananmen Square Massacre, and the mass internment of Uyghurs and other Turkic Muslims, among many other issues.
Prohibition on recognition of PRC claims to sovereignty over Taiwan—
Sense of congress— It is the sense of Congress that—
issues related to the sovereignty of Taiwan are for the people of Taiwan to decide through the democratic process they have established;
the dispute between the People’s Republic of China and Taiwan must be resolved peacefully and with the assent of the people of Taiwan;
the primary obstacle to peaceful resolution is the authoritarian nature of the PRC political system under one-party rule of the Chinese Communist Party, which is fundamentally incompatible with Taiwan’s democracy; and
any attempt to coerce the people of Taiwan to accept a political arrangement that would subject them to direct or indirect rule by the PRC, including a “one country, two systems” framework, would constitute a grave challenge to United States security interests in the region.
Statement of policy— It is the policy of the United States to oppose any attempt by the PRC authorities to unilaterally impose a timetable or deadline for unification on Taiwan.
Prohibition on recognition of prc claims without assent of people of taiwan— No department or agency of the United States Government may formally or informally recognize PRC claims to sovereignty over Taiwan without the assent of the people of Taiwan, as expressed directly through the democratic process.
Treatment of taiwan government—
In general— The Department of State and other United States Government agencies shall treat the democratically elected government of Taiwan as the legitimate representative of the people of Taiwan and end the outdated practice of referring to the government in Taiwan as the “authorities”. Notwithstanding the continued supporting role of the American Institute in Taiwan in carrying out United States foreign policy and protecting United States interests in Taiwan, the United States Government shall not place any restrictions on the ability of officials of the Department of State and other United States Government agencies from interacting directly and routinely with counterparts in the Taiwan government.
Rule of construction— Nothing in this paragraph shall be construed as entailing restoration of diplomatic relations with the Republic of China, which were terminated on January 1, 1979, or altering the United States Government’s position on Taiwan’s international status.
Strategy To protect United States businesses and nongovernmental entities from coercion— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, the Secretary of the Treasury, and the heads of other relevant Federal agencies, shall submit an unclassified report, with a classified annex if necessary, to protect United States businesses and nongovernmental entities from sharp power operations, including coercion and threats that lead to censorship or self-censorship, or which compel compliance with political or foreign policy positions of the Government of the People’s Republic of China and the Chinese Communist Party. The strategy shall include the following elements:
Information on efforts by the Government of the People’s Republic of China to censor the websites of United States airlines, hotels, and other businesses regarding the relationship between Taiwan and the People’s Republic of China.
Information on efforts by the Government of the People’s Republic of China to target United States nongovernmental entities through sharp power operations intended to weaken support for Taiwan.
Information on United States Government efforts to counter the threats posed by Chinese state-sponsored propaganda and disinformation, including information on best practices, current successes, and existing barriers to responding to this threat.
Details of any actions undertaken to create a code of conduct pursuant to subsection (b) and a timetable for implementation.
Sec. 604 Negotiation of a free trade agreement with Taiwan
Subject to section 605, the President is authorized to enter into an agreement with Taiwan consistent with the policy described in section 603, and the provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a bill to implement such agreement.
Sec. 605 Introduction and fast track consideration of implementing bill
Introduction in house of representatives and senate— Whenever the President submits to Congress a bill to implement a trade agreement described in section 604, the bill shall be introduced (by request) in the House of Representatives and in the Senate as described in section 151(c) of the Trade Act of 1974 (19 U.S.C. 2191(c)).
Permissible content in implementing legislation— A bill to implement a trade agreement described in section 604 shall contain provisions that are necessary to implement the trade agreement, and shall include trade-related labor and environmental protection standards, but may not include amendments to title VII of the Tariff Act of 1930, title II of the Trade Act of 1974, or any antitrust law of the United States.
Applicability of fast track procedures— Section 151 of the Trade Act of 1974 (19 U.S.C. 2191) is amended—
in subsection (b)(1), by inserting “section 604 of the Countering Communist China Act,” after “section 282 of the Uruguay Round Agreements Act,”; and
in subsection (c)(1), by inserting “section 604 of the Countering Communist China Act,” after “the Uruguay Round Agreements Act,”.
Sec. 606 Strategy to address genocide in the Xinjiang Uyghur Autonomous Region
Strategy required— Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes a strategy specifically describing—
the steps already taken to tangibly address atrocity crimes occurring in the Xinjiang Uyghur Autonomous Region, especially during the period following the January 19, 2021, determination that genocide and crimes against humanity were occurring in the Xinjiang Uyghur Autonomous Region; and
a strategy for ending the atrocity crimes occurring in the Xinjiang Uyghur Autonomous Region, including by—
holding accountable persons or entities responsible for committing such atrocity crimes by addressing, through existing or new export controls or import restrictions, the issues of mass biometric surveillance and forced labor programs in China;
gaining access for United Nations, United States, and other diplomats and foreign journalists to the Xinjiang Uyghur Autonomous Region; and
protecting Uyghurs, Kazakhs, Kyrgyz, and other ethnic minorities affected by the atrocities committed by the Government of the People’s Republic of China.
Form and publication— The report required under subsection (b) shall be submitted in unclassified form and shall be made publicly available, but may include a classified annex.
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
The Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
The Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
Sec. 607 Sanctions with respect to individuals committing responsible for or complicit in forced sterilizations, forced abortions, or other sexual violence
Statement of policy— It is the policy of the United States to consider any foreign person or entity responsible for, complicit in, or having directly or indirectly engaged in forced sterilizations, forced abortions, or other sexual violence targeting any individual in the Xinjiang Uyghur Autonomous Region as having committed gross violations of internationally recognized human rights for purposes of imposing the sanctions detailed in the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note).
Denial of entry for foreign nationals engaged in establishment or enforcement of forced abortion or sterilization policy— Section 801 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (Public Law 106–113; 8 U.S.C. 1182e) is amended—
in subsection (b), by striking “minister.” and inserting
“(1) the Secretary of State makes a public determination that the forced sterilizations, forced abortions, or other coercive population control policies were being committed or enforced with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group and therefore constitute genocide or crimes against humanity; or
“(2) the Secretary of State finds that such coercive population control policies were targeting Uyghurs, Kazakhs, Tibetan or other ethnic minorities or individuals peacefully expressing internationally recognized human rights in the People’s Republic of China.”
in subsection (c), by striking “national interest” and inserting “national security interest”; and
by adding at the end the following new subsections:
“(d) Notice—The Secretary of State shall make a public announcement each time sanctions are imposed under this section as a result of a determination or finding described in subsection (b)(1) or (b)(2), respectively.
“(e) Information requested by congress—The Secretary of State shall, upon request of a Member of Congress—
“(1) provide information about the use of the sanctions described in this section, including the number of times imposed, disaggregated by country and by year; or
“(2) provide a classified briefing that includes information about the individuals or entities sanctioned pursuant to this section and any other Act authorizing sanctions with respect to the conduct of such individuals or entities.”
Sec. 608 Sense of Congress on the 2022 Winter Olympics
It is the sense of Congress that, consistent with the principles of the International Olympic Committee, unless the Government of the People’s Republic of China demonstrates significant progress in securing fundamental human rights, including the freedoms of religion, speech, movement, association, and assembly, the International Olympic Committee should rebid the 2022 Winter Olympics to be hosted by a country that recognizes and respects human rights.
Sec. 609 Limitations on funds made available for the United Nations Population Fund
Chapter 3 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2221 et seq.) is amended by adding at the end the following:
“308. Limitations on funds made available for the United Nations Population Fund
“(a) Availability of funds
“(1) In general—Funds made available to carry out this part for the United Nations Population Fund (UNFPA) that are not made available for UNFPA because of the operation of any provision of law shall be transferred to the “Global Health Programs” account and shall be made available for family planning, maternal, and reproductive health activities.
“(2) Notification—The President shall notify the appropriate congressional committees of any transfer of funds under this subsection not later than 10 days after the date on which funds are so transferred.
“(b) Prohibition on use of funds in china—None of the funds made available to carry out this part may be used by UNFPA for a country program in the People’s Republic of China.
“(c) Conditions on availability of funds—Funds made available to carry out this part for UNFPA may not be made available unless—
“(1) UNFPA maintains funds made available to carry out this part in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and
“(2) UNFPA does not fund abortions.
“(d) Report to congress and dollar-for-Dollar withholding of funds
“(1) In general—Not later than 4 months after the start of each fiscal year, the Secretary of State shall submit to the appropriate congressional committees a report indicating the amount of funds that UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China.
“(2) Deduction of funds—If a report under paragraph (1) indicates that UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then an amount of funds equal to the amount of funds UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted.
“(e) Appropriate congressional committees defined—In this section, the term “appropriate congressional committees” means—
“(1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and
“(2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.”
Sec. 610 Prohibition on use of funds for abortions and involuntary sterilizations
Section 104(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)) is amended by adding at the end the following:
“(4) None of the funds made available to carry out this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which supports or participates in the management of a program of coercive abortion or involuntary sterilization.”
Sec. 611 Prohibition on certain funding relating to provision of an open platform for China
Funding prohibition— Notwithstanding any other provision of law, no funding made available to the United States Agency for Global Media (USAGM) may be used to provide an open platform for representatives of the People’s Republic of China (PRC), members of the Chinese Communist Party (CCP), or any entity owned or controlled by the PRC or CCP.
Report— Not later than 180 days after the date of the enactment of this Act, the USAGM shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing whether or not any of its broadcast entities, including its grantee organizations, has provided at any time during the five year period immediately preceding such report an open platform for representatives of the PRC, members of the CCP, or any entity owned or controlled by the PRC or CCP. Such report shall be made available on a publicly available website by the Federal Government.
Sec. 612 Establishment of new Mandarin Chinese language platforms of the United States Agency for Global Media
In general— The Chief Executive Officer of the United States Agency for Global Media (USAGM) shall establish new platforms in the Mandarin Chinese language, including new social media accounts, an internet website hosting radio channels and video and audio podcasts, and an interactive website and mobile application, for the following purposes:
Exposing the corruption and human rights abuses of the Chinese Communist Party.
Supporting the right for the people of the People’s Republic of China to live in democracy.
Explaining the failures of Communism.
Explaining to a Chinese audience the concepts of rule of law, constitutionalism, limited government, separation of powers, democracy, and human rights.
Highlighting the voices of Chinese civil society, democracy activists, and opposition movements advocating for a free and democratic China.
Strategy— In carrying out subsection (a), the Chief Executive Officer of USAGM shall develop a strategy for—
bypassing the firewall and internet censorship of the People’s Republic of China; and
supporting programs for bypassing such firewall and internet censorship in order to reach the people of China.
Sec. 613 Annual meetings of interparliamentary group between Congress and Legislature of Taiwan
Meetings— The Speaker of the House of Representatives and the President pro tempore of the Senate shall each appoint members to serve on an interparliamentary group which will meet annually with representatives of the Legislative Yuan of Taiwan to discuss areas of mutual interest between the United States and Taiwan, including—
deterring military aggression by the People’s Republic of China and countering the malign influence of the Chinese Communist Party in both the United States and Taiwan;
strengthening security cooperation between the United States and Taiwan; and
enhancing bilateral trade between the United States and Taiwan.
Appointment of members—
House— The Speaker of the House of Representatives shall appoint 6 Members of the House to serve on the group under this section, based on recommendations made by the Majority Leader and the Minority Leader of the House, and shall designate one of the Members as the co-chair of the group.
Senate— The President pro tempore of the Senate shall appoint 6 Senators to serve on the group under this section, based on recommendations made by the Majority Leader and the Minority Leader of the Senate, and shall designate one of the Senators as the co-chair of the group.
Source of funding— Of the amounts obligated and expended to carry out this section—
50 percent shall be derived from the applicable accounts of the House of Representatives; and
50 percent shall be derived form the contingent fund of the Senate.
Repeal of existing interparliamentary group between Senate and People’s Republic of China— Section 153 of the Miscellaneous Appropriations and Offsets Act, 2004 (22 U.S.C. 276n) is hereby repealed.
Sec. 614 Prohibition on importation of goods made in the Xinjiang Uyghur Autonomous Region
In general— Except as provided in subsection (b), all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or by persons working with the Xinjiang Uyghur Autonomous Region government for purposes of the “poverty alleviation” program or the “pairing-assistance” program which subsidizes the establishment of manufacturing facilities in the Xinjiang Uyghur Autonomous Region, shall be deemed to be goods, wares, articles, and merchandise described in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry at any of the ports of the United States.
Exception— The prohibition described in subsection (a) shall not apply if the Commissioner of U.S. Customs and Border Protection—
determines, by clear and convincing evidence, that any specific goods, wares, articles, or merchandise described in subsection (a) were not produced wholly or in part by convict labor, forced labor, or indentured labor under penal sanctions; and
submits to the appropriate congressional committees and makes available to the public a report that contains such determination.
Effective date— This section shall take effect on the date that is 120 days after the date of the enactment of this Act.