I 

117TH CONGRESS 

1ST SESSION H. R. 1155 

Ensuring 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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. MCGOVERN (for himself, Mr. SMITH of New Jersey, Mr. SUOZZI, Mrs. 

HARTZLER, Mr. MALINOWSKI, Mr. GALLAGHER, and Ms. WEXTON) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, the 

Judiciary, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

Ensuring 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Uyghur Forced Labor 

5 Prevention Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In the Xinjiang Uyghur Autonomous Re4 gion of China, the Government of the People’s Re5 public of China has, since 2017, arbitrarily detained 

6 as many as 1.8 million Uyghurs, Kazakhs, Kyrgyz, 

7 and members of other Muslim minority groups in a 

8 system of extrajudicial mass internment camps, in 

9 addition to arbitrarily detaining many in formal 

10 prisons and detention centers, and has subjected de11 tainees to forced labor, torture, political indoctrina12 tion, and other severe human rights abuses. 

13 (2) Forced labor exists within the Xinjiang 

14 Uyghur Autonomous Region’s system of mass in15 ternment camps, and throughout the region, and is 

16 confirmed by the testimony of former camp detain17 ees, satellite imagery, official media reports, publicly 

18 available documents, official statements, and official 

19 leaked documents from the Government of the Peo20 ple’s Republic of China as part of a targeted cam21 paign of repression of Muslim ethnic minorities. 

22 (3) In addition to reports from researchers and 

23 civil society groups documenting evidence that many 

24 factories and other suppliers in the Xinjiang Uyghur 

25 Autonomous Region are exploiting forced labor, the 

26 Department of Commerce’s Bureau of Industry and 


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1 Security on July 22, 2020, added eleven entities to 

2 the entity list after determining the entities had 

3 been ‘‘implicated in human rights violations and 

4 abuses in the implementation of China’s campaign of 

5 repression, mass arbitrary detention, forced labor 

6 and high-technology surveillance against Uyghurs, 

7 Kazakhs, and other members of Muslim minority 

8 groups in the Xinjiang Uyghur Autonomous Re9 gion’’. 

10 (4) Audits and efforts to vet products and sup11 ply chains in the Xinjiang Uyghur Autonomous Re12 gion are unreliable due to the extent forced labor 

13 has been integrated into the regional economy, the 

14 mixing of involuntary labor with voluntary labor, the 

15 inability of witnesses to speak freely about working 

16 conditions given government surveillance and coer17 cion, and the incentive of government officials to 

18 conceal government-sponsored forced labor. 

19 (5) The Department of State’s June 2020 Traf20 ficking in Persons Report found that ‘‘Authorities 

21 offer subsidies incentivizing Chinese companies to 

22 open factories in close proximity to the internment 

23 camps, and to receive transferred detainees at sat24 ellite manufacturing sites in other provinces. Local 

25 governments receive additional funds for each inVerDate Sep 11 2014 17:41 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1155.IH H1155

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1 mate forced to work in these sites at a fraction of 

2 minimum wage or without any compensation.’’. 

3 (6) U.S. Customs and Border Protection has 

4 issued 11 ‘‘Withhold Release Orders’’ on products 

5 suspected to be produced with prison or forced labor 

6 in the Xinjiang Uyghur Autonomous Region. Prod7 ucts subject to the ‘‘Withhold Release Orders’’ in8 clude all cotton, cotton products, tomatoes, and to9 mato products as well as certain garments, hair 

10 products, apparel, computer parts, and other prod11 ucts. 

12 (7) In its 2019 Annual Report, the Congres13 sional-Executive Commission on China (CECC) 

14 found that products reportedly produced with forced 

15 labor by current and former mass internment camp 

16 detainees included textiles, electronics, food prod17 ucts, shoes, tea, and handicrafts. 

18 (8) Reports in 2020 indicated that, in recent 

19 years, People’s Republic of China Government au20 thorities had organized a labor training and transfer 

21 system on a mass scale. Under this system, hun22 dreds of thousands of rural residents of the Tibet 

23 Autonomous Region participated in ‘‘military-style’’ 

24 training, ideological education, and vocational train25 ing before being transferred to job postings in the 


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1 Tibetan Autonomous Region or elsewhere in China. 

2 The similarity of the Tibet Autonomous Region sys3 tem to that in the Xinjiang Uyghur Autonomous Re4 gion raised fears that coercive practices or rights 

5 abuses may be taking place in the Tibet Autonomous 

6 Region. 

7 (9) Section 307 of the Tariff Act of 1930 (19 

8 U.S.C. 1307) states that it is illegal to import into 

9 the United States ‘‘goods, wares, articles, and mer10 chandise mined, produced, or manufactured wholly 

11 or in part’’ by forced labor. Such merchandise is 

12 subject to exclusion or seizure and may lead to 

13 criminal investigation of the importer. 

14 (10) The policies of the Government of the Peo15 ple’s Republic of China are in contravention of inter16 national human rights instruments signed by that 

17 government, including— 

18 (A) the Universal Declaration of Human 

19 Rights and the International Covenant on Civil 

20 and Political Rights, which the People’s Repub21 lic of China has signed but not yet ratified; 

22 (B) the International Covenant on Eco23 nomic, Social, and Cultural Rights, ratified by 

24 the People’s Republic of China in 2001; and 


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1 (C) the United Nations Protocol to Pre2 vent, Suppress and Punish Trafficking in Per3 sons, Especially Women and Children (Palermo 

4 Protocol), to which the People’s Republic of 

5 China has been a state party since February 

6 2010. 

7 SEC. 3. STATEMENT OF POLICY. 

8 It is the policy of the United States— 

9 (1) to prohibit the import of all goods, wares, 

10 articles, or merchandise mined, produced, or manu11 factured, wholly or in part, by forced labor from the 

12 People’s Republic of China and particularly any such 

13 goods, wares, articles, or merchandise produced in 

14 the Xinjiang Uyghur Autonomous Region of China; 

15 (2) to encourage the international community 

16 to reduce the import of any goods made with forced 

17 labor from the People’s Republic of China, particu18 larly those goods mined, manufactured, or produced 

19 in the Xinjiang Uyghur Autonomous Region; 

20 (3) to coordinate with Mexico and Canada to ef21 fectively implement Article 23.6 of the United 

22 States-Mexico-Canada Agreement to prohibit the im23 portation of goods produced in whole or in part by 

24 forced or compulsory labor, which includes goods 


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1 produced in whole or in part by forced or compul2 sory labor in the People’s Republic of China; 

3 (4) to actively work to prevent, publicly de4 nounce, and end human trafficking as a horrific as5 sault on human dignity and to restore the lives of 

6 those affected by human trafficking, a modern form 

7 of slavery; 

8 (5) to regard the prevention of atrocities as in 

9 its national interest, including efforts to prevent tor10 ture, enforced disappearances, severe deprivation of 

11 liberty, including mass internment, arbitrary deten12 tion, and widespread and systematic use of forced 

13 labor, and persecution targeting any identifiable eth14 nic or religious group; and 

15 (6) to address gross violations of human rights 

16 in the Xinjiang Uyghur Autonomous Region through 

17 bilateral diplomatic channels and multilateral insti18 tutions where both the United States and the Peo19 ple’s Republic of China are members and with all 

20 the authorities available to the United States Gov21 ernment, including visa and financial sanctions, ex22 port restrictions, and import controls. 


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1 SEC. 4. PROHIBITION ON IMPORTATION OF GOODS MADE 

2 IN THE XINJIANG UYGHUR AUTONOMOUS RE3 GION. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), all goods, wares, articles, and merchandise mined, 

6 produced, or manufactured wholly or in part in the 

7 Xinjiang Uyghur Autonomous Region of China, or by per8 sons working with the Xinjiang Uyghur Autonomous Re9 gion government for purposes of the ‘‘poverty alleviation’’ 

10 program or the ‘‘pairing-assistance’’ program which sub11 sidizes the establishment of manufacturing facilities in the 

12 Xinjiang Uyghur Autonomous Region, shall be deemed to 

13 be goods, wares, articles, and merchandise described in 

14 section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) 

15 and shall not be entitled to entry at any of the ports of 

16 the United States. 

17 (b) EXCEPTION.—The prohibition described in sub18 section (a) shall not apply if the Commissioner of U.S. 

19 Customs and Border Protection— 

20 (1) determines, by clear and convincing evi21 dence, that any specific goods, wares, articles, or 

22 merchandise described in subsection (a) were not 

23 produced wholly or in part by convict labor, forced 

24 labor, or indentured labor under penal sanctions; 

25 and 


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1 (2) submits to the appropriate congressional 

2 committees and makes available to the public a re3 port that contains such determination. 

4 (c) EFFECTIVE DATE.—This section shall take effect 

5 on the date that is 120 days after the date of the enact6 ment of this Act. 

7 SEC. 5. ENFORCEMENT STRATEGY TO ADDRESS FORCED 

8 LABOR IN THE XINJIANG UYGHUR AUTONO9 MOUS REGION. 

10 (a) IN GENERAL.—Not later than 120 days after the 

11 date of the enactment of this Act, the Forced Labor En12 forcement Task Force, established under section 741 of 

13 the United States-Mexico-Canada Agreement Implementa14 tion Act (19 U.S.C. 4681), shall submit to the appropriate 

15 congressional committees a report that contains an en16 forcement strategy to effectively address forced labor in 

17 the Xinjiang Uyghur Autonomous Region of China or 

18 products made by Uyghurs, Kazakhs, Kyrgyz, Tibetans, 

19 or members of other persecuted groups through forced 

20 labor in any other part of the People’s Republic of China. 

21 The enforcement strategy shall describe the specific en22 forcement plans of the United States Government regard23 ing— 

24 (1) goods, wares, articles, and merchandise de25 scribed in section 4(a) that are imported into the 


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1 United States directly from the Xinjiang Uyghur 

2 Autonomous Region or made by Uyghurs, Kazakhs, 

3 Kyrgyz, Tibetans, or members of other persecuted 

4 groups in any other part of the People’s Republic of 

5 China; 

6 (2) goods, wares, articles, and merchandise de7 scribed in section 4(a) that are imported into the 

8 United States from the People’s Republic of China 

9 and are mined, produced, or manufactured in part 

10 in the Xinjiang Uyghur Autonomous Region or by 

11 persons working with the Xinjiang Uyghur Autono12 mous Region government or the Xinjiang Production 

13 and Construction Corps for purposes of the ‘‘poverty 

14 alleviation’’ program or the ‘‘pairing-assistance’’ pro15 gram; and 

16 (3) goods, wares, articles, and merchandise de17 scribed in section 4(a) that are imported into the 

18 United States from third countries and are mined, 

19 produced, or manufactured in part in the Xinjiang 

20 Uyghur Autonomous Region or by persons working 

21 with the Xinjiang Uyghur Autonomous Region gov22 ernment or the Xinjiang Production and Construc23 tion Corps for purposes of the ‘‘poverty alleviation’’ 

24 program or the ‘‘pairing-assistance’’ program. 


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1 (b) MATTERS TO BE INCLUDED.—The strategy re2 quired by subsection (a) shall include the following: 

3 (1) A description of the actions taken by the 

4 United States Government to address forced labor in 

5 the Xinjiang Uyghur Autonomous Region under sec6 tion 307 of the Tariff Act of 1930 (19 U.S.C. 

7 1307), including a description of all Withhold Re8 lease Orders issued, goods detained, and fines 

9 issued. 

10 (2) A list of products made wholly or in part 

11 by forced or involuntary labor in the Xinjiang 

12 Uyghur Autonomous Region or made by Uyghurs, 

13 Kazakhs, Kyrgyz, Tibetans, or members of other 

14 persecuted groups in any other part of the People’s 

15 Republic of China, and a list of businesses that sold 

16 products in the United States made wholly or in 

17 part by forced or involuntary labor in the Xinjiang 

18 Uyghur Autonomous Region or made by Uyghurs, 

19 Kazakhs, Kyrgyz, Tibetans, or members of other 

20 persecuted groups in any other part of the People’s 

21 Republic of China. 

22 (3) A list of facilities and entities, including the 

23 Xinjiang Production and Construction Corps, that 

24 source material from the Xinjiang Uyghur Autono25 mous Region or by persons working with the 


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1 Xinjiang Uyghur Autonomous Region government or 

2 the Xinjiang Production and Construction Corps for 

3 purposes of the ‘‘poverty alleviation’’ program or the 

4 ‘‘pairing-assistance’’ program, a plan for identifying 

5 additional such facilities and entities, and facility6 and entity-specific enforcement plans, including 

7 issuing specific Withhold Release Orders to support 

8 enforcement of section 4, with regard to each listed 

9 facility or entity. 

10 (4) A list of high-priority sectors for enforce11 ment, which shall include cotton, tomatoes, 

12 polysilicon, and a sector-specific enforcement plan 

13 for each high-priority sector. 

14 (5) A description of the additional resources 

15 necessary for U.S. Customs and Border Protection 

16 to effectively implement the enforcement strategy. 

17 (6) A plan to coordinate and collaborate with 

18 appropriate nongovernmental organizations and pri19 vate sector entities to discuss the enforcement strat20 egy for products made in the Xinjiang Uyghur Au21 tonomous Region. 

22 (c) FORM.—The report required by subsection (a) 

23 shall be submitted in unclassified form, but may include 

24 a classified annex, if necessary. 


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1 (d) UPDATES.—The Forced Labor Enforcement 

2 Task Force shall provide briefings to the appropriate con3 gressional committees on a quarterly basis and, as applica4 ble, on any updates to the strategy required by subsection 

5 (a) or any additional actions taken to address forced labor 

6 in the Xinjiang Uyghur Autonomous Region, including ac7 tions described in this Act. 

8 (e) SUNSET.—This section shall cease to have effect 

9 on the earlier of— 

10 (1) the date that is 8 years after the date of the 

11 enactment of this Act; or 

12 (2) the date on which the President submits to 

13 the appropriate congressional committees a deter14 mination that the Government of the People’s Re15 public of China has ended mass internment, forced 

16 labor, and any other gross violations of human 

17 rights experienced by Uyghurs, Kazakhs, Kyrgyz, 

18 and members of other Muslim minority groups in 

19 the Xinjiang Uyghur Autonomous Region. 

20 SEC. 6. DETERMINATION RELATING TO CRIMES AGAINST 

21 HUMANITY OR GENOCIDE IN THE XINJIANG 

22 UYGHUR AUTONOMOUS REGION. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of the enactment of this Act, the Secretary of State 

25 shall— 


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1 (1) determine if the practice of forced labor or 

2 other crimes against Uyghurs, Kazakhs, Kyrgyz, 

3 and members of other Muslim minority groups in 

4 the Xinjiang Uyghur Autonomous Region of China 

5 can be considered systematic and widespread and 

6 therefore constitutes crimes against humanity or 

7 constitutes genocide as defined in subsection (a) of 

8 section 1091 of title 18, United States Code; and 

9 (2) submit to the appropriate congressional 

10 committees and make available to the public a report 

11 that contains such determination. 

12 (b) FORM.—The report required by subsection (a)— 

13 (1) shall be submitted in unclassified form but 

14 may include a classified annex, if necessary; and 

15 (2) may be included in the report required by 

16 section 7. 

17 SEC. 7. DIPLOMATIC STRATEGY TO ADDRESS FORCED 

18 LABOR IN THE XINJIANG UYGHUR AUTONO19 MOUS REGION. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of State, 

22 in coordination with the heads of other appropriate Fed23 eral departments and agencies, shall submit to the appro24 priate congressional committees a report that contains a 

25 United States strategy to promote initiatives to enhance 


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1 international awareness of and to address forced labor in 

2 the Xinjiang Uyghur Autonomous Region of China. 

3 (b) MATTERS TO BE INCLUDED.—The strategy re4 quired by subsection (a) shall include— 

5 (1) a plan to enhance bilateral and multilateral 

6 coordination, including sustained engagement with 

7 the governments of United States partners and al8 lies, to end forced labor of Uyghurs, Kazakhs, 

9 Kyrgyz, and members of other Muslim minority 

10 groups in the Xinjiang Uyghur Autonomous Region; 

11 (2) public affairs, public diplomacy, and 

12 counter-messaging efforts to promote awareness of 

13 the human rights situation, including forced labor in 

14 the Xinjiang Uyghur Autonomous Region; and 

15 (3) opportunities to coordinate and collaborate 

16 with appropriate nongovernmental organizations and 

17 private sector entities to raise awareness about 

18 forced labor made products from the Xinjiang 

19 Uyghur Autonomous Region and to provide assist20 ance to Uyghurs, Kazakhs, Kyrgyz, and members of 

21 other Muslim minority groups, including those for22 merly detained in mass internment camps in the re23 gion. 

24 (c) ADDITIONAL MATTERS TO BE INCLUDED.—The 

25 report required by subsection (a) shall also include— 


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1 (1) to the extent practicable, a list of— 

2 (A) entities in the People’s Republic of 

3 China or affiliates of such entities that directly 

4 or indirectly use forced or involuntary labor in 

5 the Xinjiang Uyghur Autonomous Region; and 

6 (B) Foreign persons that acted as agents 

7 of the entities or affiliates of entities described 

8 in subparagraph (A) to import goods into the 

9 United States; and 

10 (2) a description of actions taken by the United 

11 States Government to address forced labor in the 

12 Xinjiang Uyghur Autonomous Region under existing 

13 authorities, including— 

14 (A) the Trafficking Victims Protection Act 

15 of 2000 (Public Law 106–386; 22 U.S.C. 7101 

16 et seq.); 

17 (B) the Elie Wiesel Genocide and Atroc18 ities Prevention Act of 2018 (Public Law 115– 

19 441; 22 U.S.C. 2656 note); and 

20 (C) the Global Magnitsky Human Rights 

21 Accountability Act (22 U.S.C. 2656 note). 

22 (d) FORM.—The report required by subsection (a) 

23 shall be submitted in unclassified form, but may include 

24 a classified annex, if necessary. 


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1 (e) UPDATES.—The Secretary of State shall include 

2 any updates to the strategy required by subsection (a) in 

3 the annual Trafficking in Persons report required by sec4 tion 110(b) of the Trafficking Victims Protection Act of 

5 2000 (22 U.S.C. 7107(b)). 

6 (f) SUNSET.—This section shall cease to have effect 

7 the earlier of— 

8 (1) the date that is 8 years after the date of the 

9 enactment of this Act; or 

10 (2) the date on which the President submits to 

11 the appropriate congressional committees a deter12 mination that the Government of the People’s Re13 public of China has ended mass internment, forced 

14 labor, and any other gross violations of human 

15 rights experienced by Uyghurs, Kazakhs, Kyrgyz, 

16 and members of other Muslim minority groups in 

17 the Xinjiang Uyghur Autonomous Region. 

18 SEC. 8. IMPOSITION OF SANCTIONS RELATING TO FORCED 

19 LABOR IN THE XINJIANG UYGHUR AUTONO20 MOUS REGION. 

21 (a) REPORT REQUIRED.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, and not 

24 less frequently than annually thereafter, the Presi25 dent shall submit to the appropriate congressional 


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1 committees a report that identifies each foreign per2 son, including any official of the Government of the 

3 People’s Republic of China, that the President deter4 mines— 

5 (A) knowingly engages in, is responsible 

6 for, or facilitates the forced labor of Uyghurs, 

7 Kazakhs, Kyrgyz, and members of other Mus8 lim minority groups in the Xinjiang Uyghur 

9 Autonomous Region of China; and 

10 (B) knowingly engages in, contributes to, 

11 assists, or provides financial, material or tech12 nological support for efforts to contravene 

13 United States law regarding the importation of 

14 forced labor goods from the Xinjiang Uyghur 

15 Autonomous Region. 

16 (2) FORM.—The report required under para17 graph (1) shall be submitted in unclassified form, 

18 but may contain a classified annex. 

19 (b) IMPOSITION OF SANCTIONS.—The President shall 

20 impose the sanctions described in subsection (c) with re21 spect to each foreign person identified in the report re22 quired under subsection (a)(1). 

23 (c) SANCTIONS DESCRIBED.—The sanctions de24 scribed in this subsection are the following: 


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1 (1) ASSET BLOCKING.—The President shall ex2 ercise all of the powers granted to the President 

3 under the International Emergency Economic Pow4 ers Act (50 U.S.C. 1701 et seq.) to the extent nec5 essary to block and prohibit all transactions in prop6 erty and interests in property of a foreign person 

7 identified in the report required under subsection 

8 (a)(1) if such property and interests in property— 

9 (A) are in the United States; 

10 (B) come within the United States; or 

11 (C) come within the possession or control 

12 of a United States person. 

13 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

14 PAROLE.— 

15 (A) VISAS, ADMISSION, OR PAROLE.—An 

16 alien described in subsection (a)(1) is— 

17 (i) inadmissible to the United States; 

18 (ii) ineligible to receive a visa or other 

19 documentation to enter the United States; 

20 and 

21 (iii) otherwise ineligible to be admitted 

22 or paroled into the United States or to re23 ceive any other benefit under the Immigra24 tion and Nationality Act (8 U.S.C. 1101 et 

25 seq.). 


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1 (B) CURRENT VISAS REVOKED.— 

2 (i) IN GENERAL.—An alien described 

3 in subsection (a)(1) is subject to revocation 

4 of any visa or other entry documentation 

5 regardless of when the visa or other entry 

6 documentation is or was issued. 

7 (ii) IMMEDIATE EFFECT.—A revoca8 tion under clause (i) shall— 

9 (I) take effect immediately; and 

10 (II) automatically cancel any 

11 other valid visa or entry documenta12 tion that is in the alien’s possession. 

13 (d) IMPLEMENTATION; PENALTIES.— 

14 (1) IMPLEMENTATION.—The President may ex15 ercise all authorities provided under sections 203 

16 and 205 of the International Emergency Economic 

17 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

18 this section. 

19 (2) PENALTIES.—The penalties provided for in 

20 subsections (b) and (c) of section 206 of the Inter21 national Emergency Economic Powers Act (50 

22 U.S.C. 1705) shall apply to a foreign person that 

23 violates, attempts to violate, conspires to violate, or 

24 causes a violation of paragraph (1) to the same ex25 tent that such penalties apply to a person that comVerDate Sep 11 2014 17:41 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1155.IH H1155

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1 mits an unlawful act described in subsection (a) of 

2 such section 206. 

3 (e) WAIVER.—The President may waive the applica4 tion of sanctions under this section with respect to a for5 eign person identified in the report required under sub6 section (a)(1) if the President determines and certifies to 

7 the appropriate congressional committees that such a 

8 waiver is in the national interest of the United States. 

9 (f) EXCEPTIONS.— 

10 (1) EXCEPTION FOR INTELLIGENCE ACTIVI11 TIES.—Sanctions under this section shall not apply 

12 to any activity subject to the reporting requirements 

13 under title V of the National Security Act of 1947 

14 (50 U.S.C. 3091 et seq.) or any authorized intel15 ligence activities of the United States. 

16 (2) EXCEPTION TO COMPLY WITH INTER17 NATIONAL OBLIGATIONS AND FOR LAW ENFORCE18 MENT ACTIVITIES.—Sanctions under subsection 

19 (c)(2) shall not apply with respect to an alien if ad20 mitting or paroling the alien into the United States 

21 is necessary— 

22 (A) to permit the United States to comply 

23 with the Agreement regarding the Head24 quarters of the United Nations, signed at Lake 

25 Success June 26, 1947, and entered into force 


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1 November 21, 1947, between the United Na2 tions and the United States, or other applicable 

3 international obligations; or 

4 (B) to carry out or assist law enforcement 

5 activity in the United States. 

6 (g) TERMINATION OF SANCTIONS.—The President 

7 may terminate the application of sanctions under this sec8 tion with respect to a foreign person if the President deter9 mines and reports to the appropriate congressional com10 mittees not less than 15 days before the termination takes 

11 effect that— 

12 (1) information exists that the person did not 

13 engage in the activity for which sanctions were im14 posed; 

15 (2) the person has been prosecuted appro16 priately for the activity for which sanctions were im17 posed; 

18 (3) the person has credibly demonstrated a sig19 nificant change in behavior, has paid an appropriate 

20 consequence for the activity for which sanctions were 

21 imposed, and has credibly committed to not engage 

22 in an activity described in subsection (a)(1) in the 

23 future; or 

24 (4) the termination of the sanctions is in the 

25 national security interests of the United States. 


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1 (h) SUNSET.—This section, and any sanctions im2 posed under this section, shall terminate on the date that 

3 is 5 years after the date of the enactment of this Act. 

4 (i) DEFINITIONS OF ADMISSION; ADMITTED; 

5 ALIEN.—In this section, the terms ‘‘admission’’, ‘‘admit6 ted’’, and ‘‘alien’’ have the meanings given those terms 

7 in section 101 of the Immigration and Nationality Act (8 

8 U.S.C. 1101). 

9 SEC. 9. DISCLOSURES TO THE SECURITIES AND EXCHANGE 

10 COMMISSION OF CERTAIN ACTIVITIES RE11 LATED TO THE XINJIANG UYGHUR AUTONO12 MOUS REGION. 

13 (a) POLICY STATEMENT.—It is the policy of the 

14 United States to protect American investors, through 

15 stronger disclosure requirements, alerting them to the 

16 presence of Chinese and other companies complicit in 

17 gross violations of human rights in United States capital 

18 markets, including American and foreign companies listed 

19 on United States exchanges that enable the mass intern20 ment and population surveillance of Uyghurs, Kazakhs, 

21 Kyrgyz, and other Muslim minorities and source products 

22 made with forced labor in the Xinjiang Uyghur Autono23 mous Region of China. Such involvements represent clear, 

24 material risks to the share values and corporate reputa25 tions of certain of these companies and hence to prospecVerDate Sep 11 2014 17:41 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1155.IH H1155

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1 tive American investors, particularly given that the United 

2 States Government has employed sanctions and export re3 strictions to target individuals and entities contributing to 

4 human rights abuses in the People’s Republic of China. 

5 (b) DISCLOSURE OF CERTAIN ACTIVITIES RELATING

6 TO THE XINJIANG UYGHUR AUTONOMOUS REGION.— 

7 (1) IN GENERAL.—Section 13 of the Securities 

8 Exchange Act of 1934 (15 U.S.C. 78m) is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(s) DISCLOSURE OF CERTAIN ACTIVITIES RELAT11 ING TO THE XINJIANG UYGHUR AUTONOMOUS REGION.— 

12 ‘‘(1) IN GENERAL.—Each issuer required to file 

13 an annual or quarterly report under subsection (a) 

14 shall disclose in that report the information required 

15 by paragraph (2) if, during the period covered by 

16 the report, the issuer or any affiliate of the issuer— 

17 ‘‘(A) knowingly engaged in an activity with 

18 an entity or the affiliate of an entity engaged 

19 in creating or providing technology or other as20 sistance to create mass population surveillance 

21 systems in the Xinjiang Uyghur Autonomous 

22 Region of China, including any entity included 

23 on the Department of Commerce’s ‘Entity List’ 

24 in the Xinjiang Uyghur Autonomous Region; 


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1 ‘‘(B) knowingly engaged in an activity with 

2 an entity or an affiliate of an entity building 

3 and running detention facilities for Uyghurs, 

4 Kazakhs, Kyrgyz, and other members of Mus5 lim minority groups in the Xinjiang Uyghur 

6 Autonomous Region; 

7 ‘‘(C) knowingly engaged in an activity with 

8 an entity or an affiliate of an entity described 

9 in section 7(c)(1) of the Uyghur Forced Labor 

10 Prevention Act, including— 

11 ‘‘(i) any entity engaged in the ‘pair12 ing-assistance’ program which subsidizes 

13 the establishment of manufacturing facili14 ties in the Xinjiang Uyghur Autonomous 

15 Region; or 

16 ‘‘(ii) any entity for which the Depart17 ment of Homeland Security has issued a 

18 ‘Withhold Release Order’ under section 

19 307 of the Tariff Act of 1930 (19 U.S.C. 

20 1307); or 

21 ‘‘(D) knowingly conducted any transaction 

22 or had dealings with— 

23 ‘‘(i) any person the property and in24 terests in property of which were sanc25 tioned by the Secretary of State for the deVerDate Sep 11 2014 17:41 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1155.IH H1155

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1 tention or abuse of Uyghurs, Kazakhs, 

2 Kyrgyz, or other members of Muslim mi3 nority groups in the Xinjiang Uyghur Au4 tonomous Region; 

5 ‘‘(ii) any person the property and in6 terests in property of which are sanctioned 

7 pursuant to the Global Magnitsky Human 

8 Rights Accountability Act (22 U.S.C. 2656 

9 note); or 

10 ‘‘(iii) any person or entity responsible 

11 for, or complicit in, committing atrocities 

12 in the Xinjiang Uyghur Autonomous Re13 gion. 

14 ‘‘(2) INFORMATION REQUIRED.— 

15 ‘‘(A) IN GENERAL.—If an issuer described 

16 under paragraph (1) or an affiliate of the issuer 

17 has engaged in any activity described in para18 graph (1), the information required by this 

19 paragraph is a detailed description of each such 

20 activity, including— 

21 ‘‘(i) the nature and extent of the ac22 tivity; 

23 ‘‘(ii) the gross revenues and net prof24 its, if any, attributable to the activity; and 


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1 ‘‘(iii) whether the issuer or the affil2 iate of the issuer (as the case may be) in3 tends to continue the activity. 

4 ‘‘(B) EXCEPTION.—The requirement to 

5 disclose information under this paragraph shall 

6 not include information on activities of the 

7 issuer or any affiliate of the issuer activities re8 lating to— 

9 ‘‘(i) the import of manufactured 

10 goods, including electronics, food products, 

11 textiles, shoes, and teas, that originated in 

12 the Xinjiang Uyghur Autonomous Region; 

13 or 

14 ‘‘(ii) manufactured goods containing 

15 materials that originated or are sourced in 

16 the Xinjiang Uyghur Autonomous Region. 

17 ‘‘(3) NOTICE OF DISCLOSURES.—If an issuer 

18 reports under paragraph (1) that the issuer or an 

19 affiliate of the issuer has knowingly engaged in any 

20 activity described in that paragraph, the issuer shall 

21 separately file with the Commission, concurrently 

22 with the annual or quarterly report under subsection 

23 (a), a notice that the disclosure of that activity has 

24 been included in that annual or quarterly report that 


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1 identifies the issuer and contains the information re2 quired by paragraph (2). 

3 ‘‘(4) PUBLIC DISCLOSURE OF INFORMATION.— 

4 Upon receiving a notice under paragraph (3) that an 

5 annual or quarterly report includes a disclosure of 

6 an activity described in paragraph (1), the Commis7 sion shall promptly— 

8 ‘‘(A) transmit the report to— 

9 ‘‘(i) the President; 

10 ‘‘(ii) the Committee on Foreign Af11 fairs and the Committee on Financial 

12 Services of the House of Representatives; 

13 and 

14 ‘‘(iii) the Committee on Foreign Rela15 tions and the Committee on Banking, 

16 Housing, and Urban Affairs of the Senate; 

17 and 

18 ‘‘(B) make the information provided in the 

19 disclosure and the notice available to the public 

20 by posting the information on the Internet 

21 website of the Commission. 

22 ‘‘(5) INVESTIGATIONS.—Upon receiving a re23 port under paragraph (4) that includes a disclosure 

24 of an activity described in paragraph (1), the Presi25 dent shall— 


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1 ‘‘(A) make a determination with respect to 

2 whether any investigation is needed into the 

3 possible imposition of sanctions under the Glob4 al Magnitsky Human Rights Accountability Act 

5 (22 U.S.C. 2656 note) or section 8 of the 

6 Uyghur Forced Labor Prevention Act or wheth7 er criminal investigations are warranted under 

8 statutes intended to hold accountable individ9 uals or entities involved in the importation of 

10 goods produced by forced labor, including under 

11 section 545, 1589, or 1761 of title 18, United 

12 States Code; and 

13 ‘‘(B) not later than 180 days after initi14 ating any such investigation, make a determina15 tion with respect to whether a sanction should 

16 be imposed or criminal investigations initiated 

17 with respect to the issuer or the affiliate of the 

18 issuer (as the case may be). 

19 ‘‘(6) ATROCITIES DEFINED.—In this subsection, 

20 the term ‘atrocities’ has the meaning given the term 

21 in section 6(2) of the Elie Wiesel Genocide and 

22 Atrocities Prevention Act of 2018 (Public Law 115– 

23 441; 22 U.S.C. 2656 note).’’. 


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1 (c) SUNSET.—Section 13(s) of the Securities Ex2 change Act of 1934, as added by subsection (b), is re3 pealed on the earlier of— 

4 (1) the date that is 8 years after the date of the 

5 enactment of this Act; or 

6 (2) the date on which the President submits to 

7 the appropriate congressional committees a deter8 mination that the Government of the People’s Re9 public of China has ended mass internment, forced 

10 labor, and any other gross violations of human 

11 rights experienced by Uyghurs, Kazakhs, Kyrgyz, 

12 and members of other Muslim minority groups in 

13 the Xinjiang Uyghur Autonomous Region. 

14 (d) EFFECTIVE DATE.—The amendment made by 

15 subsection (b) shall take effect with respect to reports re16 quired to be filed with the Securities and Exchange Com17 mission after the date that is 180 days after the date of 

18 the enactment of this Act. 

19 SEC. 10. DEFINITIONS. 

20 In this Act: 

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means— 

24 (A) the Committee on Foreign Affairs, the 

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1 mittee on Ways and Means of the House of 

2 Representatives; and 

3 (B) the Committee on Foreign Relations, 

4 the Committee on Banking, Housing, and 

5 Urban Affairs, and the Committee on Finance 

6 of the Senate. 

7 (2) ATROCITIES.—The term ‘‘atrocities’’ has 

8 the meaning given the term in section 6(2) of the 

9 Elie Wiesel Genocide and Atrocities Prevention Act 

10 of 2018 (Public Law 115–441; 22 U.S.C. 2656 

11 note). 

12 (3) CRIMES AGAINST HUMANITY.—The term 

13 ‘‘crimes against humanity’’ includes, when com14 mitted as part of a widespread or systematic attack 

15 directed against any civilian population, with knowl16 edge of the attack— 

17 (A) murder; 

18 (B) deportation or forcible transfer of pop19 ulation; 

20 (C) torture; 

21 (D) extermination; 

22 (E) enslavement; 

23 (F) rape, sexual slavery, or any other form 

24 of sexual violence of comparable severity; 


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1 (G) persecution against any identifiable 

2 group or collectivity on political, racial, na3 tional, ethnic, cultural, religious, gender, or 

4 other grounds that are universally recognized as 

5 impermissible under international law; and 

6 (H) enforced disappearance of persons. 

7 (4) FORCED LABOR.—The term ‘‘forced labor’’ 

8 has the meaning given the term in section 307 of the 

9 Tariff Act of 1930 (19 U.S.C. 1307). 

10 (5) FOREIGN PERSON.—The term ‘‘foreign per11 son’’ means a person that is not a United States 

12 person. 

13 (6) PERSON.—The term ‘‘person’’ means an in14 dividual or entity. 

15 (7) MASS POPULATION SURVEILLANCE SYS16 TEM.—The term ‘‘mass population surveillance sys17 tem’’ means installation and integration of facial 

18 recognition cameras, biometric data collection, cell 

19 phone surveillance, and artificial intelligence tech20 nology with the ‘‘Sharp Eyes’’ and ‘‘Integrated Joint 

21 Operations Platform’’ or other technologies that are 

22 used by Chinese security forces for surveillance and 

23 big-data predictive policing. 

24 (8) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States, including a foreign branch of 

7 such an entity. 

Æ 


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