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.
Bill: H.R.6256 | Sponsor: Rep. McGovern, James P. (D-MA)
Policy area: International Affairs

Summary:
This bill imposes importation limits on goods produced using forced labor in China, especially the Xinjiang Uyghur Autonomous Region, and imposes sanctions related to such forced labor.
The Forced Labor Enforcement Task Force shall report to Congress a strategy for preventing the importation of goods produced in China using forced labor. The strategy must contain certain information, including a list of entities (1) producing goods in Xinjiang using forced labor; or (2) working with the government in Xinjiang to move forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of Xinjiang.
The U.S. Customs and Border Protection shall generally presume that goods produced by these entities and certain other entities, including those sourcing material from Xinjiang or involved with Chinese government forced labor programs, are barred from importation into the United States. An importer may rebut this presumption by establishing, with clear and convincing evidence, that the good in question was not produced wholly or in part using forced labor.
The bill also expands existing asset- and visa-blocking sanctions related to Xinjiang to cover foreign individuals and entities responsible for serious human rights abuses in connection with forced labor.
The Department of State shall report to Congress a strategy to enhance international awareness of forced labor in Xinjiang and to address such forced labor.

[117th Congress Public Law 78]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 1525]]

Public Law 117-78
117th Congress

                                 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. <<NOTE: Dec. 23, 
                         2021 -  [H.R. 6256]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Human rights. 22 
USC 6901 note.>> 
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

[[Page 135 STAT. 1526]]

                    (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) <<NOTE: Deadline. Federal 
        Register, publication. Notice.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Assessment.>>  A comprehensive assessment of the 
        risk of importing goods mined, produced, or manufactured wholly 
        or in part

[[Page 135 STAT. 1527]]

        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) <<NOTE: Evaluation.>>  A comprehensive description and 
        evaluation--
                    (A) of ``pairing assistance'' and ``poverty 
                alleviation'' or any other government labor scheme that 
                includes the forced labor of Uyghurs, Kazakhs, Kyrgyz, 
                Tibetans, or members of other persecuted groups outside 
                of the Xinjiang Uyghur Autonomous Region or similar 
                programs of the People's Republic of China in which work 
                or services are extracted from Uyghurs, Kazakhs, Kyrgyz, 
                Tibetans, or members of other persecuted groups through 
                the threat of penalty or for which the Uyghurs, Kazakhs, 
                Kyrgyz, Tibetans, or members of other persecuted groups 
                have not offered themselves voluntarily; and
                    (B) <<NOTE: Lists.>>  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) <<NOTE: Plan.>>  a plan for identifying 
                      additional facilities and entities described in 
                      clause (v);
                          (vii) <<NOTE: Plan.>>  an enforcement plan for 
                      each such entity whose goods, wares articles, or 
                      merchandise are exported into the United States, 
                      which may include

[[Page 135 STAT. 1528]]

                      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) <<NOTE: Plan.>>  an enforcement plan for 
                      each such high-priority sector.
            (3) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Examination.>>  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) <<NOTE: Plan. Update.>>  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) <<NOTE: Consultation. Reports.>>  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.

[[Page 135 STAT. 1529]]

            (2) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Public information.>>  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--

[[Page 135 STAT. 1530]]

            (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) <<NOTE: Coordination. Reports.>>  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) <<NOTE: Plans.>>  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) <<NOTE: Consultations. Plans.>>  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) <<NOTE: List.>>  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.

[[Page 135 STAT. 1531]]

            (3) A plan of actions taken by the United States Government 
        to address forced labor in the Xinjiang Uyghur Autonomous Region 
        under existing authorities, including--
                    (A) the Trafficking Victims Protection Act of 2000 
                (Public Law 106-386; 22 U.S.C. 7101 et seq.);
                    (B) the Elie Wiesel Genocide and Atrocities 
                Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 
                2656 note); and
                    (C) the Global Magnitsky Human Rights Accountability 
                Act (22 U.S.C. 2656 note).

    (d) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex, if necessary.
    (e) Updates.--The Secretary of State may include any updates to the 
strategy required by subsection (a) in the annual Trafficking in Persons 
report required by section 110(b) of the Trafficking Victims Protection 
Act of 2000 (22 U.S.C. 7107(b)).
SEC. 5. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR IN THE 
                    XINJIANG UYGHUR AUTONOMOUS REGION.

    (a) In General.--Section 6(a)(1) of the Uyghur Human Rights Policy 
Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) is amended by 
adding at the end the following:
                    ``(F) Serious human rights abuses in connection with 
                forced labor.''.

    (b) Effective Date; Applicability.--The amendment made by subsection 
(a)--
            (1) takes effect on the date of the enactment of this Act; 
        and
            (2) applies with respect to the first report required by 
        section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 
        submitted after such date of enactment.

    (c) <<NOTE: President.>>  Transition Rule.--
            (1) <<NOTE: Determination.>>  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) <<NOTE: President. Determination.>>  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

[[Page 135 STAT. 1532]]

        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.

    Approved December 23, 2021.

LEGISLATIVE HISTORY--H.R. 6256:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            Dec. 14, considered and passed House.
            Dec. 16, considered and passed Senate.

                                  <all>