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 2021

135 STAT. 1525 PUBLIC LAW 117–78—DEC. 23, 2021
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. STATEMENT OF POLICY.
It is the policy of the United States—
(1) to strengthen the prohibition against the importation
of goods made with forced labor, including by ensuring that the Government of the People’s Republic of China does not undermine the effective enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the importation of all ‘‘goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part in any foreign country by * * * forced labor’’;
(2) to lead the international community in ending forced
labor practices wherever such practices occur through all means available to the United States Government, including by stop-ping 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 pre-vent 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 multilat-
eral institutions where both the United States and the People’s Republic of China are members; and Human rights. 22 USC 6901 note. Dec. 23, 2021
[H.R. 6256]
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(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) P UBLIC COMMENT .—
(1) I N 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) P
ERIOD 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) P
UBLIC HEARING .—
(1) I N 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 manu-factured wholly or in part with forced labor in the People’s Republic of China into the United States.
(2) M
EASURES 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 iden-tify 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) D
EVELOPMENT OF STRATEGY .—After receiving public com-
ments under subsection (a) and holding the hearing required by subsection (b), the Forced Labor Enforcement Task Force, in con-sultation 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) E
LEMENTS .—The strategy developed under subsection (c)
shall include the following:
(1) A comprehensive assessment of the risk of importing
goods mined, produced, or manufactured wholly or in part Assessment. Consultation. Deadline. Deadline.
Federal Register, publication. Notice.
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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 per-secuted groups in any other part of the People’s Republic of China, that identifies, to the extent feasible—
(A) threats, including through the potential involve-
ment 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 manu-factured wholly or in part with forced labor; and
(B) what procedures can be implemented or improved
to reduce such threats. (2) A comprehensive description and evaluation—
(A) of ‘‘pairing assistance’’ and ‘‘poverty alleviation’’
or any other government labor scheme that includes the forced labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups outside of the Xinjiang Uyghur Autonomous Region or similar programs of the People’s Republic of China in which work or services are extracted from Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups through the threat of penalty or for which the Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups have not offered themselves voluntarily; and
(B) that includes—
(i) a list of entities in the Xinjiang Uyghur Autono-
mous Region that mine, produce, or manufacture wholly or in part any goods, wares, articles and mer-chandise 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 per-secuted groups out of the Xinjiang Uyghur Autonomous Region;
(iii) a list of products mined, produced, or manufac-
tured 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 pur-poses of the ‘‘poverty alleviation’’ program or the ‘‘pairing-assistance’’ program or any other government labor scheme that uses forced labor;
(vi) a plan for identifying additional facilities and
entities described in clause (v);
(vii) an enforcement plan for each such entity
whose goods, wares articles, or merchandise are exported into the United States, which may include
Plan. Plan. Lists. Evaluation.
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issuing withhold release orders to support enforcement
of section 4 with respect to the entity;
(viii) a list of high-priority sectors for enforcement,
which shall include cotton, tomatoes, and polysilicon; and
(ix) an enforcement plan for each such high-pri-
ority sector.
(3) Recommendations for efforts, initiatives, and tools and
technologies to be adopted to ensure that U.S. Customs and Border Protection can accurately identify and trace goods made in the Xinjiang Uyghur Autonomous Region entering at any of the ports of the United States.
(4) A description of how U.S. Customs and Border Protec-
tion 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 dem-
onstrates 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 dem-
onstrates that goods originating in the People’s Republic of China, including goods detained or seized pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), were not mined, produced, or manufactured wholly or in part with forced labor. (7) A plan to coordinate and collaborate with appropriate
nongovernmental organizations and private sector entities to implement and update the strategy developed under subsection (c). (e) S
UBMISSION OF STRATEGY .—
(1) I N 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. Consultation.
Reports. Plan.
Update. Examination. Recommenda-
tions. Plan.
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(2) U PDATES 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) F
ORM OF REPORT .—Each report required by paragraph
(1) shall be submitted in unclassified form, but may include a classified annex, if necessary.
(4) P
UBLIC AVAILABILITY .—The unclassified portion of each
report required by paragraph (1) shall be made available to the public. (f) R
ULE 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) I NGENERAL .—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 mer-
chandise 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) E
XCEPTIONS .—The Commissioner shall apply the presump-
tion under subsection (a) unless the Commissioner determines—
(1) that the importer of record has—
(A) fully complied with the guidance described in sec-
tion 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 manufac-tured wholly or in part by forced labor. (c) R
EPORT 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) R
EGULATIONS .—The Commissioner may prescribe regula-
tions— Public
information. Determination. Deadline.
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(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) E
FFECTIVE 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) I NGENERAL .—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 agen-cies, 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) M
ATTERS TOBEINCLUDED .—The strategy required by sub-
section (a) shall include—
(1) a plan to enhance bilateral and multilateral coordina-
tion, 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 non-
governmental organizations and private sector entities to raise awareness about goods mined, produced, or manufac-tured 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) A
DDITIONAL MATTERS TOBEINCLUDED .—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 fol-lowing—
(1) to the extent practicable, a list of—
(A) entities in the People’s Republic of China or affili-
ates 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. List. Consultations.
Plans. Plans. Coordination.
Reports.
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(3) A plan of actions taken by the United States Govern-
ment to address forced labor in the Xinjiang Uyghur Autono-mous 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) F
ORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex, if necessary.
(e) U
PDATES .—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) I NGENERAL .—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) E
FFECTIVE 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) T
RANSITION RULE.—
(1) I NTERIM 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) I
MPOSITION OF SANCTIONS .—The President shall impose
sanctions under subsection (c) of section 6 of the Uyghur Human Rights Policy Act of 2020 with respect to each foreign person identified in the report required by paragraph (1), subject to
the provisions of subsections (d), (e), (f), and (g) of that section.
SEC. 6. SUNSET.
Sections 3, 4, and 5 shall cease to have effect on the earlier
of—
(1) the date that is 8 years after the date of the enactment
of this Act; or
(2) the date on which the President submits to the appro-
priate 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 President. Determination. Determination. President.
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LEGISLATIVE HISTORY—H.R. 6256:
CONGRESSIONAL RECORD, Vol. 167 (2021):
Dec. 14, considered and passed House. Dec. 16, considered and passed Senate.
Æ 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) A PPROPRIATE 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 Com-
mittee on Banking, Housing, and Urban Affairs, the Com-mittee on Finance and the Committee on Homeland Secu-rity and Governmental Affairs of the Senate. (2) F
ORCED 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) F
OREIGN PERSON .—The term ‘‘foreign person’’ means
a person that is not a United States person.
(4) P ERSON .—The term ‘‘person’’ means an individual or
entity.
(5) U NITED STATES PERSON .—The term ‘‘United States per-
son’’ 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.
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