[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.