[Congressional Record Volume 167, Number 215 (Tuesday, December 14, 2021)]
[House]
[Pages H7804-H7808]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UYGHUR FORCED LABOR PREVENTION ACT
Mr. MEEKS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6256) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6256
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
[[Page H7805]]
(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
[[Page H7806]]
(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
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Meeks) and the gentleman from Kentucky (Mr. Barr) each will
control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. MEEKS. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 6256.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 6256, the Uyghur
Forced Labor Prevention Act introduced by my good friend, colleague,
and chair of the Rules Committee, Mr. McGovern.
Last week, Mr. Speaker, we passed Chair McGovern's original
legislation on the House floor. I heard my Republican friends comment
that this bill was being slow-walked by the House Democrats; that we
were supposedly passing Chairman McGovern's bill to stall and negotiate
the Senate bill. Even if we did reach agreement, my colleagues across
the aisle surmised that the President would not support the compromise
package.
Here we are, less than 6 days later, and a compromise between the
House and the Senate versions has already been negotiated. Just a few
hours ago, unsurprisingly, the Biden administration announced that it
would sign this vital piece of legislation.
The biggest difference between the two packages was the House called
for implementation in 120 days; the Senate wanted to wait 270 days. We
have negotiated them down to 180 days. The crucial protections of this
law will come into effect months earlier because of House Democrats.
Let me be clear, this is a good thing because it is a bipartisan
measure. I am glad that such important legislation will pass with near
unanimous support from both parties. That is what this should be.
Since 2017, the People's Republic of China has systematically carried
out mass detention, torture, political indoctrination, restrictions on
religious practices, and inhumane atrocities against Uyghurs and
members of other ethnic and religious minority groups in Xinjiang.
We have seen the People's Republic of China expand its extensive
program of oppression and transform it into a system of state-sponsored
forced labor. Under the guise of vocational training or poverty
alleviation, authorities in Xinjiang have forced thousands of adults
and children to work against their will and under threat of punishment
to produce goods and raw materials that are then woven into
international supply chains and then to our homes.
This bill, which has passed the House before, prohibits the import of
goods and merchandise from Xinjiang unless the importer can prove the
products did not come from forced labor, imposes sanctions on officials
facilitating the use of forced labor against Chinese ethnic minorities,
adds important financial disclosures for public companies that do
business in the region, and also calls for a diplomatic strategy to
address forced labor in Xinjiang.
This is a straightforward bill. It signals that America will not
tolerate forced labor, and products made from forced labor shall not
enter the American marketplace. In 2021, for any country to utilize
forced labor systematically and to oppress and exploit its population
is unconscionable, unacceptable, and, indeed, un-American. We cannot
and will not stand idly by.
This legislation is critical to showing that we are putting human
rights at the center of our foreign and economic policy. I support this
bill, and I look forward to continuing to work.
Mr. Speaker, I want to thank Mr. Barr, Mr. McCaul, and my colleagues
on both sides of the aisle for coming forward and speaking up, and I
reserve the balance of my time.
Mr. BARR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the chairman of the House Foreign
Affairs Committee, my good friend from New York (Mr. Meeks), for his
leadership in helping support this legislation and bringing it to the
House floor.
I want to thank the gentleman from Massachusetts for his leadership
in recognizing this serious human rights travesty that is happening.
I also want to thank the 11 House Foreign Affairs Committee
Republicans who are cosponsors of this legislation, including Mr. Smith
of New Jersey.
I want to thank Senator Rubio from Florida for working with the
gentleman from Massachusetts on finding a bipartisan and bicameral
compromise to bring this important legislation to the floor.
{time} 2045
Mr. Speaker, it is past time for this Chamber and the Congress to act
to stop the Chinese Communist Party from using American consumers to
subsidize its brutality. Preventing products made with slave labor from
[[Page H7807]]
contaminating our market is a longstanding priority of U.S. trade, not
just because it puts American manufacturers at a disadvantage, but
because the American values that we all share will not tolerate it.
Truly free trade cannot involve slave labor. But today, the CCP is
using the forced labor of Uyghurs and other minorities to help bankroll
its genocide against those very same groups. The repression taking
place right now in Xinjiang is breathtaking in its scope and in its
brutality. More than 1 million people have been locked in concentration
camps and subjected to surveillance and brainwashing on a massive
scale.
Families are being broken up and children are being taken from their
parents. Forced sterilization and forced abortion are being used to
limit births among ethnic groups targeted by the CCP.
This is outrageous human rights violations and the world cannot turn
a blind eye. It is a horrific warning, not only to China's neighbors
and to the American people, but to the world. The Chinese Communist
Party is fundamentally focused on expanding its power and its
authoritarian style of government. It views things that it does not
control, like religion, cultural identity, and the yearning of all
people for freedom, as threats that must be destroyed.
Because we have drawn the CCP into many of our most critical supply
chains, it has the ability to hold our national security hostage while
it uses U.S. consumers to subsidize its atrocities. This cannot stand.
As many as one in five cotton garments globally are potentially tainted
with Uyghur slave labor.
Last year, U.S. Customs and Border Protection seized a 13-ton
shipment of human hair that originated in Xinjiang's forced labor
system. We have a duty to prevent the CCP from making Americans
complicit in these sickening abuses. For that reason, I support the
bipartisan bill before us today, and I reserve the balance of my time.
Mr. MEEKS. Mr. Speaker, I yield 3 minutes to the gentleman from
Massachusetts (Mr. McGovern), the sponsor of this bill and chairman of
the Rules Committee.
Mr. McGOVERN. Mr. Speaker, I want to thank Chairman Meeks for
yielding me the time and for his leadership on this important issue.
Mr. Speaker, I am glad that we are able to move this compromised
Uyghur Forced Labor Prevention Act so quickly after the House passed my
bill, H.R. 1155, last week. And I want to thank my partner in this
effort in the Senate, Senator Marco Rubio, for working quickly and
diligently with us to negotiate this agreement. I wanted to especially
thank Speaker Pelosi for her strong moral leadership in getting this
done. No one in this body--and I mean no one--has had a more consistent
and principled position in standing up for the human rights of the
people of China and Tibet. She has been a critical part of nearly every
single piece of China human rights legislation focused on China that
Congress has passed in recent years, and her steadfast commitment to
getting this bill across the finish line is why we are here today.
Forced labor is a serious human rights abuse. It is illegal under
United States law to import goods made with forced labor. But we are
compelled to move this legislation by the genocide and crimes against
humanity being committed by the Chinese Government against Uyghurs and
other Muslim minorities, of which forced labor is a key factor.
We must pass this legislation to give Americans the peace of mind
that the clothes they wear, the food they eat, and the technology that
they use are not tainted by forced labor perpetrated by the Chinese
Government.
This bill combines my legislation, which passed the House by a vote
of 428-1 last week, and Senator Rubio's bill, which passed by voice
vote, into a version that both Chambers can support. This is a strong,
bipartisan, bicameral consensus bill. This bill shortens the time the
forced labor import ban goes into effect to 180 days, from the Senate's
300 days.
It requires a strong, clear and convincing evidence standard for
exceptions to the rebuttable presumption.
It empowers the Forced Labor Enforcement Task Force to devise and
oversee the strategy to prohibit the import of forced labor goods from
Xinjiang.
In short, this is a good bill. It is a tougher bill than what passed
the Senate, and I want to thank my House colleagues for this report.
I want to thank Chairman Meeks again. I want to thank Ranking Member
McCaul, Chairman Neal, and Chairwoman Waters for their work. I want to
thank Congressman Chris Smith of New Jersey for all of his support.
On the Senate side, I want to thank Senators Rubio and Merkley for
their leadership. And, again, I want to thank Speaker Pelosi for her
strong and steadfast commitment to getting this done.
So let's stand up for human rights. Let's stand against genocide and
against crimes against humanity. And let's get the Uyghur Forced Labor
Prevention Act to the President's desk as soon as possible.
Mr. BARR. Mr. Speaker, I am pleased to yield 4 minutes to the
gentleman from New Jersey (Mr. Smith), a Member of this body who, for
many, many years, has been a champion of human rights and, frankly, no
one has done more to advance the cause of human rights than my
colleague from New Jersey.
Mr. SMITH of New Jersey. Mr. Speaker, I thank the gentleman for
yielding and for his leadership, and I want to thank the chairman and
the ranking member for their concerted efforts to get this legislation
and like-minded legislation moving forward; and, of course, Jim
McGovern, he is the prime sponsor, and I am the prime Republican
cosponsor, I want to thank him for his leadership on this as well. It
is so very, very important.
Mr. Speaker, Mihrigul Tursun said she pleaded with God to end her
life as her Chinese jailers increased the electrical currents coursing
through her body.
Mihrigul, a Muslim Uyghur, whose escape from Xi Jinping's genocide
led her to the United States, actually broke down weeping at a November
28, 2018, congressional hearing co-chaired by Senator Marco Rubio and
I--as co-chairs of the Congressional-Executive Commission on China--as
she recounted her experience in one of China's infamous concentration
camps.
She testified, and I quote her in part, that ``there were around 60
people kept in a 430-square-foot cell, so at night, 10 to 15 women
would stand up while the rest of us would sleep on our sides.'' She
said, ``There were people there who had not taken a shower in over a
year.
``I clearly remember the torture . . .'' she said, ``in the tiger
chair the second time I was incarcerated. I was taken to a special room
with an electric chair. It was the interrogation room, and it had one
light and one chair. There were belts and whips hanging on the wall. I
was placed in a high chair that clicked to lock my arms and legs in
place and tightened when they pressed the button.''
She goes on, ``My head was shaved beforehand for the maximum impact.
The authorities put a helmet-like thing on my head. Each time I was
electrocuted,'' she went on, ``my whole body would shake violently, and
I could feel the pain in my veins. I thought I would rather die than go
through this torture and begged them to kill me. They insulted me with
humiliating words and pressured me to admit my guilt.
``The nights were the busiest time in the camps,'' she went on. ``A
lot of activities such as transferring people between cells and
removing the dead bodies would happen all night long. In the silence of
the night, we would hear the men from the other cells groaning in
agony. We could hear the beatings, the men screaming. . . .''
``While burying my 4-month-old baby,'' she had had triplets, ``I was
tormented and filled with the guilt of not being able to save my son.''
She admonished us, pleaded with us, ``Please take action against the
Chinese officials responsible for my torture and the death of my little
boy and the death of so many innocent Uyghurs in the camps.''
Mr. Speaker, there are millions and millions of stories just like
this waiting to be told, truly nightmarish accounts of President Xi
Jinping's genocide.
In response, I, joined by my friend and colleague, Tom Suozzi,
introduced
[[Page H7808]]
the Uyghur Human Rights Policy Act of 2018.
But this bill, H.R. 1155, the Uyghur Forced Labor Prevention Act,
which, again, I cosponsored with Mr. McGovern, is important and
necessary to end or at least mitigate our complicity in Xi Jinping's
genocide.
Let's not forget the documents obtained by The New York Times which
made clear that this is Xi Jinping's genocide. He ordered it. And early
next year he will be hosting the Winter Olympics.
The leaked documents show Xi saying things like show ``absolutely no
mercy'' in dealing with the Uyghurs and other predominantly Muslim
minorities. In one speech he said: ``The weapons of the people's
democratic dictatorship must be wielded without any hesitation or
wavering.''
Mr. Speaker, the Uyghur Forced Labor Prevention Act prohibits imports
from Xinjiang to the U.S. by creating a rebuttable presumption. That is
the core of this bill, a presumption that all goods produced in the
region are made with forced labor unless U.S. Customs and Border
Protection certifies by clear and convincing evidence that goods were
not produced with forced labor. It is a good bill and deserves the
support of every Member of this body.
Mr. MEEKS. Mr. Speaker, it is my honor to yield 3 minutes to the
gentleman from Rhode Island (Mr. Cicilline), a great member of the
Foreign Affairs Committee.
Mr. CICILLINE. Mr. Speaker, I thank the chairman for yielding and
thank him for his extraordinary bipartisan leadership on this issue and
on so many issues that come before our committee. I want to begin by
acknowledging the leadership of the Speaker who has been an advocate
and a strong voice for human rights around the world, but particularly
in China for many, many years.
I rise, Mr. Speaker, in strong support of this bicameral version of
the Uyghur Forced Labor Prevention Act, to ensure that the United
States does all we can to condemn the appalling human rights record of
the Chinese Government against Uyghur Muslims. With the ongoing
genocide against the Uyghur population in Xinjiang, and with the
crackdown on democracy and the rule of law in Hong Kong, the world has
seen what a glimpse of Chinese leadership in the international system
would mean: a rejection of human rights; a commitment to
authoritarianism; a silenced press; and the abandonment of the rule of
law.
In Xinjiang, over 1 million members of the Uyghur population have
been forced to live in squalor; forced to abandon their beliefs; forced
to abandon their children; and forced to work. Many have been tortured.
Many have died. All have suffered.
Policies undertaken in Xinjiang continue to stir the conscience and
represent this country's most agonizing human rights catastrophes ever.
The Chinese Government has unleashed a series of draconian measures
that should give anyone in the civilized world a pause. They have
mandated abortions, they have forcibly sterilized men and women; they
have forcibly taken over half a million children from their families,
and they have sent them to so-called reeducation centers.
They monitor the movements and the online activities of millions,
ensuring Uyghurs and other minorities are robbed of their privacy; and
they force Uyghurs and other minorities into factories for no pay and
with no recourse.
We must recognize that the Chinese Government built this policy over
time. What has happened to the Uyghur population is not borne out of
spontaneous brutality; it has been a well-planned endeavor designed to
extinguish a population that China finds undesirable.
This is a systematic policy that denies the Uyghurs their humanity,
their dignity, and seeks to ultimately deny them of their existence.
We must do all we can to ensure that the clarion call of ``never
again'' reverberates around the globe. This bill would ensure that
goods made in the Xinjiang Uyghur Autonomous Region imported into the
United States are not made with forced labor.
I want to thank Chairman McGovern for his extraordinary leadership
and urge all of my colleagues to support the Uyghur Forced Labor
Prevention Act and again thank the chairman for his courtesy.
Mr. BARR. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in recent years the world has stood by as the Chinese
Communist Party has detained more than 1 million ethnic minorities in
concentration camps where they are tortured, brainwashed, and put into
forced labor. This is all part of a deliberate program by the CCP to
wipe out their ethnic identity, their religion, their culture, anything
that might compete with the Communist Party for their loyalties and
affection.
We have a moral duty to speak out against these horrifying crimes,
but we have an even greater duty to avoid funding this genocide by
paying for slave labor in Xinjiang.
Many American companies have built their businesses on values that
include respect for basic human rights. The United States must continue
to lead the world in setting corporate responsibility standards. There
can no longer be business as usual with China. The world is watching.
While this bill did not go through regular order in the Foreign
Affairs Committee, I commend Chairman McGovern and Senator Marco Rubio
for coming to this important bipartisan agreement.
I appreciate the chairman's leadership, and it is good to have a
bipartisan bill where we stand united in one voice for human rights,
and to hold the Chinese Communist Party accountable.
I support this bill. I urge my colleagues to support this bill, and I
yield back the balance of my time.
{time} 2100
Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
H.R. 6256, the Uyghur Forced Labor Prevention Act, is an opportunity
for this body to send a resounding message to the world. We are engaged
in a strategic competition with China around the world, and our stance
on this issue, I believe, will define why our system is better. We
aggressively oppose forced labor and Islamophobia, and we will back up
our values with our actions.
In this major piece of legislation, we are doing it together,
Democrats and Republicans, working with Ranking Member McCaul and
others, because it is the right thing to do. It is the right message to
send.
So let us do it; let us get it out; let us stand tall; let us be true
to our values. Let not China get away with Islamophobia. Let's make
sure we wipe out Islamophobia, racism, and anti-Semitism from all
corners of this place that we call the planet Earth.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Meeks) that the House suspend the rules
and pass the bill, H.R. 6256.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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