II 

117TH CONGRESS 

1ST SESSION H. R. 6256 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2021 

Received 

AN ACT 

To ensure that goods made with forced labor in the Xinjiang 

Uyghur Autonomous Region of the People’s Republic 

of China do not enter the United States market, and 

for other purposes. 

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


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1 SECTION 1. STATEMENT OF POLICY. 

2 It is the policy of the United States— 

3 (1) to strengthen the prohibition against the 

4 importation of goods made with forced labor, includ5 ing by ensuring that the Government of the People’s 

6 Republic of China does not undermine the effective 

7 enforcement of section 307 of the Tariff Act of 1930 

8 (19 U.S.C. 1307), which prohibits the importation of 

9 all ‘‘goods, wares, articles, and merchandise mined, 

10 produced or manufactured wholly or in part in any 

11 foreign country by * * * forced labor’’; 

12 (2) to lead the international community in end13 ing forced labor practices wherever such practices 

14 occur through all means available to the United 

15 States Government, including by stopping the impor16 tation of any goods made with forced labor, includ17 ing those goods mined, produced, or manufactured 

18 wholly or in part in the Xinjiang Uyghur Autono19 mous 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, including those goods 

25 mined, produced, or manufactured wholly or in part 

26 in the Xinjiang Uyghur Autonomous Region; 


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1 (4) to actively work to prevent, publicly de2 nounce, and end human trafficking including with 

3 respect to forced labor, whether sponsored by the 

4 government of a foreign country or not, and to re5 store the lives of those affected by human traf6 ficking, a modern form of slavery; 

7 (5) to regard the prevention of atrocities as it 

8 is in the national interest of the United States, in9 cluding efforts to prevent torture, enforced dis10 appearances, severe deprivation of liberty, including 

11 mass internment, arbitrary detention, and wide12 spread and systematic use of forced labor, and per13 secution targeting any identifiable ethnic or religious 

14 group; and 

15 (6) to address gross violations of human rights 

16 in the Xinjiang Uyghur Autonomous Region— 

17 (A) through bilateral diplomatic channels 

18 and multilateral institutions where both the 

19 United States and the People’s Republic of 

20 China are members; and 

21 (B) using all the authorities available to 

22 the United States Government, including visa 

23 and financial sanctions, export restrictions, and 

24 import controls. 


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1 SEC. 2. STRATEGY TO ENFORCE PROHIBITION ON IMPOR2 TATION OF GOODS MADE THROUGH FORCED 

3 LABOR IN THE XINJIANG UYGHUR AUTONO4 MOUS REGION. 

5 (a) PUBLIC COMMENT.— 

6 (1) IN GENERAL.—Not later than 30 days after 

7 the date of the enactment of this Act, the Forced 

8 Labor Enforcement Task Force, established under 

9 section 741 of the United States-Mexico-Canada 

10 Agreement Implementation Act (19 U.S.C. 4681), 

11 shall publish in the Federal Register a notice solic12 iting public comments on how best to ensure that 

13 goods mined, produced, or manufactured wholly or 

14 in part with forced labor in the People’s Republic of 

15 China, including by Uyghurs, Kazakhs, Kyrgyz, Ti16 betans, and members of other persecuted groups in 

17 the People’s Republic of China, and especially in the 

18 Xinjiang Uyghur Autonomous Region, are not im19 ported into the United States. 

20 (2) PERIOD FOR COMMENT.—The Forced 

21 Labor Enforcement Task Force shall provide the 

22 public with not less than 45 days to submit com23 ments in response to the notice required by para24 graph (1). 

25 (b) PUBLIC HEARING.— 


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1 (1) IN GENERAL.—Not later than 45 days after 

2 the close of the period to submit comments under 

3 subsection (a)(2), the Forced Labor Enforcement 

4 Task Force shall conduct a public hearing inviting 

5 witnesses to testify with respect to the use of forced 

6 labor in the People’s Republic of China and potential 

7 measures, including the measures described in para8 graph (2), to prevent the importation of goods 

9 mined, produced, or manufactured wholly or in part 

10 with forced labor in the People’s Republic of China 

11 into the United States. 

12 (2) MEASURES DESCRIBED.—The measures de13 scribed in this paragraph are— 

14 (A) measures that can be taken to trace 

15 the origin of goods, offer greater supply chain 

16 transparency, and identify third country supply 

17 chain routes for goods mined, produced, or 

18 manufactured wholly or in part with forced 

19 labor in the People’s Republic of China; and 

20 (B) other measures for ensuring that 

21 goods mined, produced, or manufactured wholly 

22 or in part with forced labor do not enter the 

23 United States. 

24 (c) DEVELOPMENT OF STRATEGY.—After receiving 

25 public comments under subsection (a) and holding the 


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1 hearing required by subsection (b), the Forced Labor En2 forcement Task Force, in consultation with the Secretary 

3 of Commerce and the Director of National Intelligence, 

4 shall develop a strategy for supporting enforcement of Sec5 tion 307 of the Tariff Act of 1930 (19 U.S.C. 1307) to 

6 prevent the importation into the United States of goods 

7 mined, produced, or manufactured wholly or in part with 

8 forced labor in the People’s Republic of China. 

9 (d) ELEMENTS.—The strategy developed under sub10 section (c) shall include the following: 

11 (1) A comprehensive assessment of the risk of 

12 importing goods mined, produced, or manufactured 

13 wholly or in part with forced labor in the People’s 

14 Republic of China, including from the Xinjiang 

15 Uyghur Autonomous Region or made by Uyghurs, 

16 Kazakhs, Kyrgyz, Tibetans, or members of other 

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

18 Republic of China, that identifies, to the extent fea19 sible— 

20 (A) threats, including through the poten21 tial involvement in supply chains of entities that 

22 may use forced labor, that could lead to the im23 portation into the United States from the Peo24 ple’s Republic of China, including through third 

25 countries, of goods mined, produced, or manuVerDate Sep 11 2014 02:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6256.RDS H6256

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1 factured wholly or in part with forced labor; 

2 and 

3 (B) what procedures can be implemented 

4 or improved to reduce such threats. 

5 (2) A comprehensive description and evalua6 tion— 

7 (A) of ‘‘pairing assistance’’ and ‘‘poverty 

8 alleviation’’ or any other government labor 

9 scheme that includes the forced labor of 

10 Uyghurs, Kazakhs, Kyrgyz, Tibetans, or mem11 bers of other persecuted groups outside of the 

12 Xinjiang Uyghur Autonomous Region or similar 

13 programs of the People’s Republic of China in 

14 which work or services are extracted from 

15 Uyghurs, Kazakhs, Kyrgyz, Tibetans, or mem16 bers of other persecuted groups through the 

17 threat of penalty or for which the Uyghurs, 

18 Kazakhs, Kyrgyz, Tibetans, or members of 

19 other persecuted groups have not offered them20 selves voluntarily; and 

21 (B) that includes— 

22 (i) a list of entities in the Xinjiang 

23 Uyghur Autonomous Region that mine, 

24 produce, or manufacture wholly or in part 


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1 any goods, wares, articles and merchandise 

2 with forced labor; 

3 (ii) a list of entities working with the 

4 government of the Xinjiang Uyghur Auton5 omous Region to recruit, transport, trans6 fer, harbor or receive forced labor or 

7 Uyghurs, Kazakhs, Kyrgyz, or members of 

8 other persecuted groups out of the 

9 Xinjiang Uyghur Autonomous Region; 

10 (iii) a list of products mined, pro11 duced, or manufactured wholly or in part 

12 by entities on the list required by clause (i) 

13 or (ii); 

14 (iv) a list of entities that exported 

15 products described in clause (iii) from the 

16 People’s Republic of China into the United 

17 States; 

18 (v) a list of facilities and entities, in19 cluding the Xinjiang Production and Con20 struction Corps, that source material from 

21 the Xinjiang Uyghur Autonomous Region 

22 or from persons working with the govern23 ment of the Xinjiang Uyghur Autonomous 

24 Region or the Xinjiang Production and 

25 Construction Corps for purposes of the 


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1 ‘‘poverty alleviation’’ program or the ‘‘pair2 ing-assistance’’ program or any other gov3 ernment labor scheme that uses forced 

4 labor; 

5 (vi) a plan for identifying additional 

6 facilities and entities described in clause 

7 (v); 

8 (vii) an enforcement plan for each 

9 such entity whose goods, wares articles, or 

10 merchandise are exported into the United 

11 States, which may include issuing withhold 

12 release orders to support enforcement of 

13 section 4 with respect to the entity; 

14 (viii) a list of high-priority sectors for 

15 enforcement, which shall include cotton, to16 matoes, and polysilicon; and 

17 (ix) an enforcement plan for each 

18 such high-priority sector. 

19 (3) Recommendations for efforts, initiatives, 

20 and tools and technologies to be adopted to ensure 

21 that U.S. Customs and Border Protection can accu22 rately identify and trace goods made in the Xinjiang 

23 Uyghur Autonomous Region entering at any of the 

24 ports of the United States. 


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1 (4) A description of how U.S. Customs and 

2 Border Protection plans to enhance its use of legal 

3 authorities and other tools to ensure that no goods 

4 are entered at any of the ports of the United States 

5 in violation of section 307 of the Tariff Act of 1930 

6 (19 U.S.C. 1307), including through the initiation of 

7 pilot programs to test the viability of technologies to 

8 assist in the examination of such goods. 

9 (5) A description of the additional resources 

10 necessary for U.S. Customs and Border Protection 

11 to ensure that no goods are entered at any of the 

12 ports of the United States in violation of section 307 

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

14 (6) Guidance to importers with respect to— 

15 (A) due diligence, effective supply chain 

16 tracing, and supply chain management meas17 ures to ensure that such importers do not im18 port any goods mined, produced, or manufac19 tured wholly or in part with forced labor from 

20 the People’s Republic of China, especially from 

21 the Xinjiang Uyghur Autonomous Region; 

22 (B) the type, nature, and extent of evi23 dence that demonstrates that goods originating 

24 in the People’s Republic of China were not 

25 mined, produced, or manufactured wholly or in 


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1 part in the Xinjiang Uyghur Autonomous Re2 gion; and 

3 (C) the type, nature, and extent of evi4 dence that demonstrates that goods originating 

5 in the People’s Republic of China, including 

6 goods detained or seized pursuant to section 

7 307 of the Tariff Act of 1930 (19 U.S.C. 

8 1307), were not mined, produced, or manufac9 tured wholly or in part with forced labor. 

10 (7) A plan to coordinate and collaborate with 

11 appropriate nongovernmental organizations and pri12 vate sector entities to implement and update the 

13 strategy developed under subsection (c). 

14 (e) SUBMISSION OF STRATEGY.— 

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

16 after the date of the enactment of this Act, and an17 nually thereafter, the Forced Labor Enforcement 

18 Task Force, in consultation with the Department of 

19 Commerce and the Director of National Intelligence, 

20 shall submit to the appropriate congressional com21 mittees a report that— 

22 (A) in the case of the first such report, 

23 sets forth the strategy developed under sub24 section (c); and 


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1 (B) in the case of any subsequent such re2 port, sets forth any updates to the strategy. 

3 (2) UPDATES OF CERTAIN MATTERS.—Not less 

4 frequently than annually after the submission under 

5 paragraph (1)(A) of the strategy developed under 

6 subsection (c), the Forced Labor Enforcement Task 

7 Force shall submit to the appropriate congressional 

8 committees updates to the strategy with respect to 

9 the matters described in clauses (i) through (ix) of 

10 subsection (d)(2)(B). 

11 (3) FORM OF REPORT.—Each report required 

12 by paragraph (1) shall be submitted in unclassified 

13 form, but may include a classified annex, if nec14 essary. 

15 (4) PUBLIC AVAILABILITY.—The unclassified 

16 portion of each report required by paragraph (1) 

17 shall be made available to the public. 

18 (f) RULE OF CONSTRUCTION.—Nothing in this sec19 tion may be construed to limit the application of regula20 tions in effect on or measures taken before the date of 

21 the enactment of this Act to prevent the importation of 

22 goods mined, produced, or manufactured wholly or in part 

23 with forced labor into the United States, including with24 hold release orders issued before such date of enactment. 


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1 SEC. 3. REBUTTABLE PRESUMPTION THAT IMPORT PROHI2 BITION APPLIES TO GOODS MINED, PRO3 DUCED, OR MANUFACTURED IN THE 

4 XINJIANG UYGHUR AUTONOMOUS REGION 

5 OR BY CERTAIN ENTITIES. 

6 (a) IN GENERAL.—The Commissioner of U.S. Cus7 toms and Border Protection shall, except as provided by 

8 subsection (b), apply a presumption that, with respect to 

9 any goods, wares, articles, and merchandise mined, pro10 duced, or manufactured wholly or in part in the Xinjiang 

11 Uyghur Autonomous Region of the People’s Republic of 

12 China or produced by an entity on a list required by clause 

13 (i), (ii), (iv) or (v) of section 2(d)(2)(B)— 

14 (1) the importation of such goods, wares, arti15 cles, and merchandise is prohibited under section 

16 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and 

17 (2) such goods, wares, articles, and merchan18 dise are not entitled to entry at any of the ports of 

19 the United States. 

20 (b) EXCEPTIONS.—The Commissioner shall apply the 

21 presumption under subsection (a) unless the Commis22 sioner determines— 

23 (1) that the importer of record has— 

24 (A) fully complied with the guidance de25 scribed in section 2(d)(6) and any regulations 

26 issued to implement that guidance; and 


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1 (B) completely and substantively re2 sponded to all inquiries for information sub3 mitted by the Commissioner to ascertain wheth4 er the goods were mined, produced, or manufac5 tured wholly or in part with forced labor; and 

6 (2) by clear and convincing evidence, that the 

7 good, ware, article, or merchandise was not mined, 

8 produced, or manufactured wholly or in part by 

9 forced labor. 

10 (c) REPORT REQUIRED.—The Commissioner shall 

11 submit to the appropriate congressional committees and 

12 make available to the public, not later than 30 days after 

13 making a determination of an exception under subsection 

14 (b), a report identifying the good and the evidence consid15 ered under subsection (b). 

16 (d) REGULATIONS.—The Commissioner may pre17 scribe regulations— 

18 (1) to implement paragraphs (1) and (2) of 

19 subsection (b); or 

20 (2) to amend any other regulations relating to 

21 withhold release orders in order to implement this 

22 section. 

23 (e) EFFECTIVE DATE.—This section takes effect on 

24 the date that is 180 days after the date of the enactment 

25 of this Act. 


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1 SEC. 4. DIPLOMATIC STRATEGY TO ADDRESS FORCED 

2 LABOR IN THE XINJIANG UYGHUR AUTONO3 MOUS REGION. 

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

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

6 in coordination with the heads of other appropriate Fed7 eral departments and agencies, shall submit to the appro8 priate congressional committees a report that contains a 

9 United States strategy to promote initiatives to enhance 

10 international awareness of and to address forced labor in 

11 the Xinjiang Uyghur Autonomous Region of the People’s 

12 Republic of China. 

13 (b) MATTERS TO BE INCLUDED.—The strategy re14 quired by subsection (a) shall include— 

15 (1) a plan to enhance bilateral and multilateral 

16 coordination, including sustained engagement with 

17 the governments of United States partners and al18 lies, to end forced labor of Uyghurs, Kazakhs, 

19 Kyrgyz, Tibetans, and members of other persecuted 

20 groups in the Xinjiang Uyghur Autonomous Region; 

21 (2) a description of public affairs, public diplo22 macy, and counter-messaging efforts to promote 

23 awareness of the human rights situation, including 

24 forced labor in the Xinjiang Uyghur Autonomous 

25 Region; and 

26 (3) a plan— 


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1 (A) to coordinate and collaborate with ap2 propriate nongovernmental organizations and 

3 private sector entities to raise awareness about 

4 goods mined, produced, or manufactured wholly 

5 or in part with forced labor in the Xinjiang 

6 Uyghur Autonomous Region; and 

7 (B) to provide humanitarian assistance, in8 cluding with respect to resettlement and advo9 cacy for imprisoned family members, to 

10 Uyghurs, Kazakhs, Kyrgyz, Tibetans, and 

11 members of other persecuted groups, including 

12 members of such groups formerly detained in 

13 mass internment camps in the Xinjiang Uyghur 

14 Autonomous Region. 

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

16 Secretary shall include in the report required by sub17 section (a), based on consultations with the Secretary of 

18 Commerce, the Secretary of Homeland Security, and the 

19 Secretary of the Treasury, the following— 

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

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

22 China or affiliates of such entities that use or 

23 benefit from forced labor in the Xinjiang 

24 Uyghur Autonomous Region; and 


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1 (B) Foreign persons that acted as agents 

2 of the entities or affiliates of entities described 

3 in subparagraph (A) to import goods into the 

4 United States. 

5 (2) A plan for working with private sector enti6 ties seeking to conduct supply chain due diligence to 

7 prevent the importation of goods mined, produced, 

8 or manufactured wholly or in part with forced labor 

9 into the United States. 

10 (3) A plan 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 may 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 SEC. 5. IMPOSITION OF SANCTIONS RELATING TO FORCED 

7 LABOR IN THE XINJIANG UYGHUR AUTONO8 MOUS REGION. 

9 (a) IN GENERAL.—Section 6(a)(1) of the Uyghur 

10 Human Rights Policy Act of 2020 (Public Law 116–145; 

11 22 U.S.C. 6901 note) is amended by adding at the end 

12 the following: 

13 ‘‘(F) Serious human rights abuses in con14 nection with forced labor.’’. 

15 (b) EFFECTIVE DATE; APPLICABILITY.—The amend16 ment made by subsection (a)— 

17 (1) takes effect on the date of the enactment of 

18 this Act; and 

19 (2) applies with respect to the first report re20 quired by section 6(a)(1) of the Uyghur Human 

21 Rights Policy Act of 2020 submitted after such date 

22 of enactment. 

23 (c) TRANSITION RULE.— 

24 (1) INTERIM REPORT.—Not later than 180 

25 days after the date of the enactment of this Act, the 


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1 President shall submit to the committees specified in 

2 section 6(a)(1) of the Uyghur Human Rights Policy 

3 Act of 2020 a report that identifies each foreign per4 son, including any official of the Government of the 

5 People’s Republic of China, that the President deter6 mines is responsible for serious human rights abuses 

7 in connection with forced labor with respect to 

8 Uyghurs, Kazakhs, Kyrgyz, or members of other 

9 persecuted groups, or other persons in the Xinjiang 

10 Uyghur Autonomous Region. 

11 (2) IMPOSITION OF SANCTIONS.—The President 

12 shall impose sanctions under subsection (c) of sec13 tion 6 of the Uyghur Human Rights Policy Act of 

14 2020 with respect to each foreign person identified 

15 in the report required by paragraph (1), subject to 

16 the provisions of subsections (d), (e), (f), and (g) of 

17 that section. 

18 SEC. 6. SUNSET. 

19 Sections 3, 4, and 5 shall cease to have effect on the 

20 earlier of— 

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

22 enactment of this Act; or 

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

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1 public of China has ended mass internment, forced 

2 labor, and any other gross violations of human 

3 rights experienced by Uyghurs, Kazakhs, Kyrgyz, 

4 Tibetans, and members of other persecuted groups 

5 in the Xinjiang Uyghur Autonomous Region. 

6 SEC. 7. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Foreign Affairs, the 

12 Committee on Financial Services, the Com13 mittee on Ways and Means and the Committee 

14 on Homeland Security of the House of Rep15 resentatives; and 

16 (B) the Committee on Foreign Relations, 

17 the Committee on Banking, Housing, and 

18 Urban Affairs, the Committee on Finance and 

19 the Committee on Homeland Security and Gov20 ernmental Affairs of the Senate. 

21 (2) FORCED LABOR.—The term ‘‘forced 

22 labor’’— 

23 (A) has the meaning given that term in 

24 section 307 of the Tariff Act of 1930 (19 

25 U.S.C. 1307); and 


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1 (B) includes convict labor and indentured 

2 labor under penal sanctions. 

3 (3) FOREIGN PERSON.—The term ‘‘foreign per4 son’’ means a person that is not a United States 

5 person. 

6 (4) PERSON.—The term ‘‘person’’ means an in7 dividual or entity. 

8 (5) UNITED STATES PERSON.—The term 

9 ‘‘United States person’’ means— 

10 (A) a United States citizen or an alien law11 fully admitted for permanent residence to the 

12 United States; or 

13 (B) an entity organized under the laws of 

14 the United States or any jurisdiction within the 

15 United States, including a foreign branch of 

16 such an entity. 

Passed the House of Representatives December 14, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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