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