[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6256 Engrossed in House (EH)]

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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.