[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6256 Enrolled Bill (ENR)]

        H.R.6256

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

           Begun and held at the City of Washington on Monday,
         the fourth day of January, two thousand and twenty-one


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.