[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6256 Engrossed in House (EH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6256
_______________________________________________________________________
AN ACT
To ensure that goods made with forced labor in the Xinjiang Uyghur
Autonomous Region of the People's Republic of China do not enter the
United States market, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to strengthen the prohibition against the importation
of goods made with forced labor, including by ensuring that the
Government of the People's Republic of China does not undermine
the effective enforcement of section 307 of the Tariff Act of
1930 (19 U.S.C. 1307), which prohibits the importation of all
``goods, wares, articles, and merchandise mined, produced or
manufactured wholly or in part in any foreign country by * * *
forced labor'';
(2) to lead the international community in ending forced
labor practices wherever such practices occur through all means
available to the United States Government, including by
stopping the importation of any goods made with forced labor,
including those goods mined, produced, or manufactured wholly
or in part in the Xinjiang Uyghur Autonomous Region;
(3) to coordinate with Mexico and Canada to effectively
implement Article 23.6 of the United States-Mexico-Canada
Agreement to prohibit the importation of goods produced in
whole or in part by forced or compulsory labor, including those
goods mined, produced, or manufactured wholly or in part in the
Xinjiang Uyghur Autonomous Region;
(4) to actively work to prevent, publicly denounce, and end
human trafficking including with respect to forced labor,
whether sponsored by the government of a foreign country or
not, and to restore the lives of those affected by human
trafficking, a modern form of slavery;
(5) to regard the prevention of atrocities as it is in the
national interest of the United States, including efforts to
prevent torture, enforced disappearances, severe deprivation of
liberty, including mass internment, arbitrary detention, and
widespread and systematic use of forced labor, and persecution
targeting any identifiable ethnic or religious group; and
(6) to address gross violations of human rights in the
Xinjiang Uyghur Autonomous Region--
(A) through bilateral diplomatic channels and
multilateral institutions where both the United States
and the People's Republic of China are members; and
(B) using all the authorities available to the
United States Government, including visa and financial
sanctions, export restrictions, and import controls.
SEC. 2. STRATEGY TO ENFORCE PROHIBITION ON IMPORTATION OF GOODS MADE
THROUGH FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS
REGION.
(a) Public Comment.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Forced Labor Enforcement Task
Force, established under section 741 of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C. 4681),
shall publish in the Federal Register a notice soliciting
public comments on how best to ensure that goods mined,
produced, or manufactured wholly or in part with forced labor
in the People's Republic of China, including by Uyghurs,
Kazakhs, Kyrgyz, Tibetans, and members of other persecuted
groups in the People's Republic of China, and especially in the
Xinjiang Uyghur Autonomous Region, are not imported into the
United States.
(2) Period for comment.--The Forced Labor Enforcement Task
Force shall provide the public with not less than 45 days to
submit comments in response to the notice required by paragraph
(1).
(b) Public Hearing.--
(1) In general.--Not later than 45 days after the close of
the period to submit comments under subsection (a)(2), the
Forced Labor Enforcement Task Force shall conduct a public
hearing inviting witnesses to testify with respect to the use
of forced labor in the People's Republic of China and potential
measures, including the measures described in paragraph (2), to
prevent the importation of goods mined, produced, or
manufactured wholly or in part with forced labor in the
People's Republic of China into the United States.
(2) Measures described.--The measures described in this
paragraph are--
(A) measures that can be taken to trace the origin
of goods, offer greater supply chain transparency, and
identify third country supply chain routes for goods
mined, produced, or manufactured wholly or in part with
forced labor in the People's Republic of China; and
(B) other measures for ensuring that goods mined,
produced, or manufactured wholly or in part with forced
labor do not enter the United States.
(c) Development of Strategy.--After receiving public comments under
subsection (a) and holding the hearing required by subsection (b), the
Forced Labor Enforcement Task Force, in consultation with the Secretary
of Commerce and the Director of National Intelligence, shall develop a
strategy for supporting enforcement of Section 307 of the Tariff Act of
1930 (19 U.S.C. 1307) to prevent the importation into the United States
of goods mined, produced, or manufactured wholly or in part with forced
labor in the People's Republic of China.
(d) Elements.--The strategy developed under subsection (c) shall
include the following:
(1) A comprehensive assessment of the risk of importing
goods mined, produced, or manufactured wholly or in part with
forced labor in the People's Republic of China, including from
the Xinjiang Uyghur Autonomous Region or made by Uyghurs,
Kazakhs, Kyrgyz, Tibetans, or members of other persecuted
groups in any other part of the People's Republic of China,
that identifies, to the extent feasible--
(A) threats, including through the potential
involvement in supply chains of entities that may use
forced labor, that could lead to the importation into
the United States from the People's Republic of China,
including through third countries, of goods mined,
produced, or manufactured wholly or in part with forced
labor; and
(B) what procedures can be implemented or improved
to reduce such threats.
(2) A comprehensive description and evaluation--
(A) of ``pairing assistance'' and ``poverty
alleviation'' or any other government labor scheme that
includes the forced labor of Uyghurs, Kazakhs, Kyrgyz,
Tibetans, or members of other persecuted groups outside
of the Xinjiang Uyghur Autonomous Region or similar
programs of the People's Republic of China in which
work or services are extracted from Uyghurs, Kazakhs,
Kyrgyz, Tibetans, or members of other persecuted groups
through the threat of penalty or for which the Uyghurs,
Kazakhs, Kyrgyz, Tibetans, or members of other
persecuted groups have not offered themselves
voluntarily; and
(B) that includes--
(i) a list of entities in the Xinjiang
Uyghur Autonomous Region that mine, produce, or
manufacture wholly or in part any goods, wares,
articles and merchandise with forced labor;
(ii) a list of entities working with the
government of the Xinjiang Uyghur Autonomous
Region to recruit, transport, transfer, harbor
or receive forced labor or Uyghurs, Kazakhs,
Kyrgyz, or members of other persecuted groups
out of the Xinjiang Uyghur Autonomous Region;
(iii) a list of products mined, produced,
or manufactured wholly or in part by entities
on the list required by clause (i) or (ii);
(iv) a list of entities that exported
products described in clause (iii) from the
People's Republic of China into the United
States;
(v) a list of facilities and entities,
including the Xinjiang Production and
Construction Corps, that source material from
the Xinjiang Uyghur Autonomous Region or from
persons working with the government of the
Xinjiang Uyghur Autonomous Region or the
Xinjiang Production and Construction Corps for
purposes of the ``poverty alleviation'' program
or the ``pairing-assistance'' program or any
other government labor scheme that uses forced
labor;
(vi) a plan for identifying additional
facilities and entities described in clause
(v);
(vii) an enforcement plan for each such
entity whose goods, wares articles, or
merchandise are exported into the United
States, which may include issuing withhold
release orders to support enforcement of
section 4 with respect to the entity;
(viii) a list of high-priority sectors for
enforcement, which shall include cotton,
tomatoes, and polysilicon; and
(ix) an enforcement plan for each such
high-priority sector.
(3) Recommendations for efforts, initiatives, and tools and
technologies to be adopted to ensure that U.S. Customs and
Border Protection can accurately identify and trace goods made
in the Xinjiang Uyghur Autonomous Region entering at any of the
ports of the United States.
(4) A description of how U.S. Customs and Border Protection
plans to enhance its use of legal authorities and other tools
to ensure that no goods are entered at any of the ports of the
United States in violation of section 307 of the Tariff Act of
1930 (19 U.S.C. 1307), including through the initiation of
pilot programs to test the viability of technologies to assist
in the examination of such goods.
(5) A description of the additional resources necessary for
U.S. Customs and Border Protection to ensure that no goods are
entered at any of the ports of the United States in violation
of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(6) Guidance to importers with respect to--
(A) due diligence, effective supply chain tracing,
and supply chain management measures to ensure that
such importers do not import any goods mined, produced,
or manufactured wholly or in part with forced labor
from the People's Republic of China, especially from
the Xinjiang Uyghur Autonomous Region;
(B) the type, nature, and extent of evidence that
demonstrates that goods originating in the People's
Republic of China were not mined, produced, or
manufactured wholly or in part in the Xinjiang Uyghur
Autonomous Region; and
(C) the type, nature, and extent of evidence that
demonstrates that goods originating in the People's
Republic of China, including goods detained or seized
pursuant to section 307 of the Tariff Act of 1930 (19
U.S.C. 1307), were not mined, produced, or manufactured
wholly or in part with forced labor.
(7) A plan to coordinate and collaborate with appropriate
nongovernmental organizations and private sector entities to
implement and update the strategy developed under subsection
(c).
(e) Submission of Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the Forced
Labor Enforcement Task Force, in consultation with the
Department of Commerce and the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report that--
(A) in the case of the first such report, sets
forth the strategy developed under subsection (c); and
(B) in the case of any subsequent such report, sets
forth any updates to the strategy.
(2) Updates of certain matters.--Not less frequently than
annually after the submission under paragraph (1)(A) of the
strategy developed under subsection (c), the Forced Labor
Enforcement Task Force shall submit to the appropriate
congressional committees updates to the strategy with respect
to the matters described in clauses (i) through (ix) of
subsection (d)(2)(B).
(3) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
(4) Public availability.--The unclassified portion of each
report required by paragraph (1) shall be made available to the
public.
(f) Rule of Construction.--Nothing in this section may be construed
to limit the application of regulations in effect on or measures taken
before the date of the enactment of this Act to prevent the importation
of goods mined, produced, or manufactured wholly or in part with forced
labor into the United States, including withhold release orders issued
before such date of enactment.
SEC. 3. REBUTTABLE PRESUMPTION THAT IMPORT PROHIBITION APPLIES TO GOODS
MINED, PRODUCED, OR MANUFACTURED IN THE XINJIANG UYGHUR
AUTONOMOUS REGION OR BY CERTAIN ENTITIES.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall, except as provided by subsection (b), apply a
presumption that, with respect to any goods, wares, articles, and
merchandise mined, produced, or manufactured wholly or in part in the
Xinjiang Uyghur Autonomous Region of the People's Republic of China or
produced by an entity on a list required by clause (i), (ii), (iv) or
(v) of section 2(d)(2)(B)--
(1) the importation of such goods, wares, articles, and
merchandise is prohibited under section 307 of the Tariff Act
of 1930 (19 U.S.C. 1307); and
(2) such goods, wares, articles, and merchandise are not
entitled to entry at any of the ports of the United States.
(b) Exceptions.--The Commissioner shall apply the presumption under
subsection (a) unless the Commissioner determines--
(1) that the importer of record has--
(A) fully complied with the guidance described in
section 2(d)(6) and any regulations issued to implement
that guidance; and
(B) completely and substantively responded to all
inquiries for information submitted by the Commissioner
to ascertain whether the goods were mined, produced, or
manufactured wholly or in part with forced labor; and
(2) by clear and convincing evidence, that the good, ware,
article, or merchandise was not mined, produced, or
manufactured wholly or in part by forced labor.
(c) Report Required.--The Commissioner shall submit to the
appropriate congressional committees and make available to the public,
not later than 30 days after making a determination of an exception
under subsection (b), a report identifying the good and the evidence
considered under subsection (b).
(d) Regulations.--The Commissioner may prescribe regulations--
(1) to implement paragraphs (1) and (2) of subsection (b);
or
(2) to amend any other regulations relating to withhold
release orders in order to implement this section.
(e) Effective Date.--This section takes effect on the date that is
180 days after the date of the enactment of this Act.
SEC. 4. DIPLOMATIC STRATEGY TO ADDRESS FORCED LABOR IN THE XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other appropriate Federal departments and agencies, shall
submit to the appropriate congressional committees a report that
contains a United States strategy to promote initiatives to enhance
international awareness of and to address forced labor in the Xinjiang
Uyghur Autonomous Region of the People's Republic of China.
(b) Matters To Be Included.--The strategy required by subsection
(a) shall include--
(1) a plan to enhance bilateral and multilateral
coordination, including sustained engagement with the
governments of United States partners and allies, to end forced
labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of
other persecuted groups in the Xinjiang Uyghur Autonomous
Region;
(2) a description of public affairs, public diplomacy, and
counter-messaging efforts to promote awareness of the human
rights situation, including forced labor in the Xinjiang Uyghur
Autonomous Region; and
(3) a plan--
(A) to coordinate and collaborate with appropriate
nongovernmental organizations and private sector
entities to raise awareness about goods mined,
produced, or manufactured wholly or in part with forced
labor in the Xinjiang Uyghur Autonomous Region; and
(B) to provide humanitarian assistance, including
with respect to resettlement and advocacy for
imprisoned family members, to Uyghurs, Kazakhs, Kyrgyz,
Tibetans, and members of other persecuted groups,
including members of such groups formerly detained in
mass internment camps in the Xinjiang Uyghur Autonomous
Region.
(c) Additional Matters To Be Included.--The Secretary shall include
in the report required by subsection (a), based on consultations with
the Secretary of Commerce, the Secretary of Homeland Security, and the
Secretary of the Treasury, the following--
(1) to the extent practicable, a list of--
(A) entities in the People's Republic of China or
affiliates of such entities that use or benefit from
forced labor in the Xinjiang Uyghur Autonomous Region;
and
(B) Foreign persons that acted as agents of the
entities or affiliates of entities described in
subparagraph (A) to import goods into the United
States.
(2) A plan for working with private sector entities seeking
to conduct supply chain due diligence to prevent the
importation of goods mined, produced, or manufactured wholly or
in part with forced labor into the United States.
(3) A plan of actions taken by the United States Government
to address forced labor in the Xinjiang Uyghur Autonomous
Region under existing authorities, including--
(A) the Trafficking Victims Protection Act of 2000
(Public Law 106-386; 22 U.S.C. 7101 et seq.);
(B) the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 22 U.S.C.
2656 note); and
(C) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note).
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex, if necessary.
(e) Updates.--The Secretary of State may include any updates to the
strategy required by subsection (a) in the annual Trafficking in
Persons report required by section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)).
SEC. 5. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR IN THE
XINJIANG UYGHUR AUTONOMOUS REGION.
(a) In General.--Section 6(a)(1) of the Uyghur Human Rights Policy
Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) is amended by
adding at the end the following:
``(F) Serious human rights abuses in connection
with forced labor.''.
(b) Effective Date; Applicability.--The amendment made by
subsection (a)--
(1) takes effect on the date of the enactment of this Act;
and
(2) applies with respect to the first report required by
section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020
submitted after such date of enactment.
(c) Transition Rule.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit to the
committees specified in section 6(a)(1) of the Uyghur Human
Rights Policy Act of 2020 a report that identifies each foreign
person, including any official of the Government of the
People's Republic of China, that the President determines is
responsible for serious human rights abuses in connection with
forced labor with respect to Uyghurs, Kazakhs, Kyrgyz, or
members of other persecuted groups, or other persons in the
Xinjiang Uyghur Autonomous Region.
(2) Imposition of sanctions.--The President shall impose
sanctions under subsection (c) of section 6 of the Uyghur Human
Rights Policy Act of 2020 with respect to each foreign person
identified in the report required by paragraph (1), subject to
the provisions of subsections (d), (e), (f), and (g) of that
section.
SEC. 6. SUNSET.
Sections 3, 4, and 5 shall cease to have effect on the earlier of--
(1) the date that is 8 years after the date of the
enactment of this Act; or
(2) the date on which the President submits to the
appropriate congressional committees a determination that the
Government of the People's Republic of China has ended mass
internment, forced labor, and any other gross violations of
human rights experienced by Uyghurs, Kazakhs, Kyrgyz, Tibetans,
and members of other persecuted groups in the Xinjiang Uyghur
Autonomous Region.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Ways and Means
and the Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(2) Forced labor.--The term ``forced labor''--
(A) has the meaning given that term in section 307
of the Tariff Act of 1930 (19 U.S.C. 1307); and
(B) includes convict labor and indentured labor
under penal sanctions.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
Passed the House of Representatives December 14, 2021.
Attest:
Clerk.
117th CONGRESS
1st Session
H. R. 6256
_______________________________________________________________________
AN ACT
To ensure that goods made with forced labor in the Xinjiang Uyghur
Autonomous Region of the People's Republic of China do not enter the
United States market, and for other purposes.