[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7868-S7870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4330. Mr. RUBIO (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title XII, add the following:

             Subtitle H--Uyghur Forced Labor Prevention Act

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``Uyghur Forced Labor 
     Prevention Act''.

     SEC. 1292. 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 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;
       (4) to regard the prevention of atrocities as a priority in 
     the national interests of the United States; and
       (5) to address gross violations of human rights in the 
     Xinjiang Uyghur Autonomous Region--
       (A) through bilateral diplomatic channels and multilateral 
     institutions in which 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. 1293. 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 45 days after the date of 
     the enactment of this Act, the Secretary of the Treasury and 
     the Secretary of Homeland Security shall jointly, and in 
     consultation with the United States Trade Representative, the 
     Secretary of State, and the Secretary of Labor, 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 Secretary of the Treasury and 
     the Secretary of Homeland Security shall provide the public 
     with not less than 60 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 
     Secretary of the Treasury, the Secretary of Homeland 
     Security, the Secretary of Labor, the United States Trade 
     Representative, and the Secretary of State shall jointly 
     conduct a public

[[Page S7869]]

     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 Secretary of the Treasury and 
     the Secretary of Homeland Security shall jointly, and in 
     consultation with the Secretary of Labor, the United States 
     Trade Representative, the Secretary of State, and the 
     Director of National Intelligence, develop a strategy for 
     preventing 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 working with the government of the 
     Xinjiang Uyghur Autonomous Region to move forced labor or 
     Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted 
     groups out of the Xinjiang Uyghur Autonomous Region;
       (ii) a list of products mined, produced, or manufactured 
     wholly or in part by entities on the list required by clause 
     (i);
       (iii) a list of entities that exported products described 
     in clause (ii) from the People's Republic of China into the 
     United States;
       (iv) 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 or involuntary labor;
       (v) a plan for identifying additional facilities and 
     entities described in clause (iv);
       (vi) a enforcement plan for each such entity, which may 
     include issuing withhold release orders to support 
     enforcement of section 1294 with respect to the entity;
       (vii) a list of high-priority sectors for enforcement, 
     which shall include cotton, tomatoes, and polysilicon; and
       (viii) 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) 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.
       (6) 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 270 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Labor, the United States Trade Representative, 
     and the Secretary of State, 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 Secretary shall 
     submit to the appropriate congressional committees updates to 
     the strategy with respect to the matters described in clauses 
     (i) through (vi) 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. 1294. 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), 
     (iii), or (iv) of section 1293(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 that--
       (1) the importer of record has--
       (A) fully complied with the guidance described in section 
     1293(d)(5) 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) the good was not mined, produced, or manufactured 
     wholly or in part by forced labor.
       (c) Report Required.--Not less frequently than every 180 
     days, the Commissioner shall submit to the appropriate 
     congressional committees and make available to the public a 
     report that lists all instances in which the Commissioner 
     declined to apply the presumption under subsection (a) during 
     the preceding 180-day period.
       (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. 1295. 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 
     agencies, shall submit to the appropriate congressional 
     committees a report that includes a United States strategy to 
     promote initiatives to enhance international awareness of and 
     to address forced labor in the Xinjiang

[[Page S7870]]

     Uyghur Autonomous Region of the People's Republic of China.
       (b) Matters To Be Included.--The Secretary shall include in 
     the report required by subsection (a) the following:
       (1) A plan to enhance bilateral and multilateral 
     coordination, including sustained engagement with the 
     governments of countries that are partners and allies of the 
     United States, to end the use of Uyghurs, Kazakhs, Kyrgyz, 
     Tibetans, and members of other persecuted groups in the 
     Xinjiang Uyghur Autonomous Region for forced labor.
       (2) A description of public affairs, public diplomacy, and 
     counter-messaging efforts to promote awareness of the human 
     rights situation, including with respect to forced labor, in 
     the Xinjiang Uyghur Autonomous Region.
       (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 act as agents of the entities or 
     affiliates 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 description 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 (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 
     (subtitle F of title XII of Public Law 114-328; 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.

     SEC. 1296. 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 Muslim minority 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. 1297. SUNSET.

       Sections 1293, 1294, and 1295 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. 1298. DEFINITIONS.

       In this subtitle:
       (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.
                                 ______