Strengthening the Uyghur Forced Labor Prevention Act

Bill: 118-hr-4567
Sponsor: full_name: Rep. Torres, Ritchie [D-NY-15]
Introduced: 2023-07-11
Policy area: International Affairs
Latest action: action_date: 2024-12-17
text: Referred to the Subcommittee on Trade.

Summaries:
action_date: 2023-07-11
action_desc: Introduced in House
text: <p><b>Strengthening the Uyghur Forced Labor Prevention Act</b> <p>This bill expands sanctions on goods produced or associated with forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China. <p>Current law applies a legal presumption that goods mined, manufactured, or produced in the XUAR or involving certain government-affiliated programs in the XUAR are derived from forced labor. Goods from these sources are prohibited from entering the United States unless the importer rebuts the presumption that forced labor was used. <p>This bill broadens the scope of the sanctions by expanding the type of government-affiliated labor programs that trigger the presumption. Currently, the presumption generally applies to goods coming from entities working with Chinese government labor schemes that involve forced labor and target Uyghurs, Kazakhs, Kyrgyz, Tibetans, and other persecuted groups. Under this bill, the presumption applies when the entity works with any state-sponsored labor program targeting these persecuted groups. <p>The bill also modifies the definition of <i>forced labor</i> to explicitly include state-imposed labor programs in China targeting Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups. <p>Additionally, the bill modifies the requirements for the Forced Labor Enforcement Task Force's annual report to Congress. Specifically, the annual report must detail all presumptions applied and rebutted, as well as all companies known to have exported goods made in the XUAR.

tv_txt: I 118th CONGRESS 1st Session H. R. 4567 IN THE HOUSE OF REPRESENTATIVES July 11, 2023 Mr. Torres of New York introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Foreign Affairs , and the Judiciary , 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 To amend Public Law 117–78 to strengthen the requirements under that Act.

1. Short title This Act may be cited as the Strengthening the Uyghur Forced Labor Prevention Act . 2. Amendments to Public Law 117–78 (a) Strategy Section 2 of Public Law 117–78 (135 Stat. 1526) is amended— (1) in subsection (d)(2)— (A) in subparagraph (A), by striking of pairing assistance and poverty alleviation or any other government labor scheme that includes the forced labor of and inserting of all state-sponsored labor programs, including programs associated with surplus labor transfer , poverty alleviation , mutual aid , Xinjiang Aid , and re-education programs targeting ; and (B) in subparagraph (B)— (i) in clause (i), by adding at the end before the semicolon the following: or receive labor under any of the programs described in subparagraph (A) ; (ii) by amending clause (ii) to read as follows: (ii) a list of entities working with the regional, prefectural, county, or local government agencies of the Xinjiang Uyghur Autonomous Region or the Xinjiang Production and Construction Corps to recruit, transport, transfer, harbor, or receive forced labor under any of the programs described in subparagraph (A) outside of the Xinjiang Uyghur Autonomous Region; ; (iii) in clause (iv), by striking described in clause (iii) and inserting mined or manufactured by entities listed in clause (i) or (ii) ; and (iv) by amending clause (v) to read as follows: (v) a list of facilities and entities outside of the Xinjiang Uyghur Autonomous Region that source material from the Xinjiang Uyghur Autonomous Region or from persons or entities working with regional, prefectural, county, or local government agencies of the Xinjiang Uyghur Autonomous Region or the Xinjiang Production and Construction Corps or receive labor under any of the programs described in subparagraph (A); ; and (2) in subsection (e)(2), by adding at the end the following: Each such update— (A) shall give effect to all determinations made by U.S. Customs and Border Protection regarding whether the statutory prerequisites for the rebuttable presumption under section 3 have been met, whether any such presumption has been rebutted, and which companies have exported goods found to be made in the Xinjiang Uyghur Autonomous Region; and (B) may include additional entities, facilities, and products to, or removal of entities, facilities, and products from, the lists required by clauses (i), (ii), (iii), (iv), and (v) of subsection (d)(2)(B), and may include revisions to the processes and standards for doing so, provided that such processes and standards are explained fully in the revised strategy and that they do not impede giving effect to determinations made by U.S. Customs and Border Protection as required by subsection (d)(2)(A). . (b) Definitions Section 7(2) of Public Law 117–78 (135 Stat. 1532) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) includes all state-imposed labor programs, including programs associated with surplus labor transfer , poverty alleviation , mutual aid , Xinjiang Aid , and re-education programs targeting Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups inside or 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. .