What This Bill Does
This law requires the Secretary of Commerce to create training for department employees about human rights abuses. The law specifically focuses on forced labor abuses committed by the Chinese government against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region. The law also requires the Commerce Department to provide guidance to American businesses about these human rights concerns.
Who It Affects
- Employees of the Department of Commerce who counsel businesses about interstate commerce or foreign investment
- United States businesses engaged in interstate commerce or foreign investment
- Businesses considering transactions with entities controlled or influenced by jurisdictions where significant human rights abuses have occurred
Key Provisions
- The Secretary of Commerce must provide training to appropriate department employees designed to raise awareness about human rights abuses perpetrated by the Chinese government, including forced labor against Uyghurs and other ethnic minorities in Xinjiang (Sec. 2(b)(1))
- The Commerce Department must incorporate this training into existing training programs to the greatest extent possible (Sec. 2(b)(2))
- The Secretary must offer guidance to United States businesses about human rights abuses and incorporate this guidance into counseling services provided to businesses (Sec. 3(a))
- The guidance must include information about risk factors for identifying entities involved in human rights abuses, ways to avoid doing business with such entities, and potential reputational, economic and legal risks (Sec. 3(b)(1))
- The guidance must be clearly labeled as advisory only (Sec. 3(b)(2))
What Changes
The Commerce Department will develop and deliver training to its employees about human rights abuses in China and will create guidance documents for American businesses about these same issues. Department counselors will incorporate this training and guidance into their work with businesses.
Important Definitions
None defined.
118TH CONGRESS
1ST SESSION
S. 484
AN ACT
To require the Secretary of Commerce to provide training
and guidance relating to human rights abuses, including
such abuses perpetrated against the Uyghur population
by the Government of the People’s Republic of China,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
2
† S 484 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Combating Human
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Rights Abuses Act of 2023’’.
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SEC. 2. TRAINING FOR EMPLOYEES OF THE DEPARTMENT
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OF COMMERCE RELATING TO AWARENESS OF
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HUMAN RIGHTS ABUSES.
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(a) IN GENERAL.—The Secretary of Commerce shall
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provide training described in subsection (b) to such em-
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ployees of the Department of Commerce who provide coun-
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seling services to businesses engaged in interstate com-
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merce or foreign direct investment as the Secretary con-
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siders appropriate.
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(b) CONTENTS OF TRAINING.—The training required
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under subsection (a) shall be—
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(1) designed to raise awareness about emerging
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trends and issues with respect to human rights
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abuses perpetrated by the Government of the Peo-
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ple’s Republic of China, including the use of forced
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labor, against Uyghurs and other ethnic minority
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populations in the Xinjiang Uyghur Autonomous Re-
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gion; and
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(2) incorporated to the greatest extent possible
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into existing training provided by the Department of
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Commerce.
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† S 484 ES
(c) TIMING.—The training required under subsection
1
(a) shall be offered and updated at such times as the Sec-
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retary considers appropriate.
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SEC. 3. GUIDANCE FOR UNITED STATES BUSINESSES RE-
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LATING TO AWARENESS OF HUMAN RIGHTS
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ABUSES.
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(a) IN GENERAL.—The Secretary of Commerce
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shall—
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(1) offer guidance for United States businesses
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engaged in interstate commerce or foreign direct in-
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vestment, including such businesses that are, or are
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considering, conducting transactions with entities
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subject to the control or influence of jurisdictions
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where significant human rights abuses have oc-
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curred, such as the People’s Republic of China; and
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(2) incorporate the guidance required under
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paragraph (1) into any counseling services that the
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Department of Commerce provides to such busi-
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nesses as the Secretary considers appropriate.
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(b) CONTENTS
OF GUIDANCE.—The guidance re-
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quired under subsection (a) shall—
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(1) provide information about emerging trends
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and issues involving human rights abuses per-
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petrated by the Government of the People’s Republic
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of China, consisting of the use of forced labor
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† S 484 ES
against Uyghurs and other ethnic minority popu-
1
lations in the Xinjiang Uyghur Autonomous Region,
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including information about—
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(A) risk factors that may be used to iden-
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tify entities subject to the influence or control
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of jurisdictions such as the People’s Republic of
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China that may be implicated in human rights
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abuses;
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(B) ways to avoid doing business with enti-
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ties described in subparagraph (A); and
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(C) potential reputational, economic, legal,
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and other risks of conducting transactions with
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an entity described in subparagraph (A); and
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(2) make clear that the guidance is for advisory
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purposes only.
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Passed the Senate December 19, 2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 484
AN ACT
To require the Secretary of Commerce to provide
training and guidance relating to human rights
abuses,
including
such
abuses
perpetrated
against the Uyghur population by the Govern-
ment of the People’s Republic of China, and for
other purposes.