Uyghur Forced Labor Prevention Act

IIB 116TH CONGRESS 2D SESSION H. R. 6210 IN THE SENATE OF THE UNITED STATES SEPTEMBER 23, 2020 Received; read twice and referred to the Committee on Foreign Relations AN ACT Ensuring 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 6210 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Uyghur Forced Labor 2 Prevention Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds the following: 5 (1) In the Xinjiang Uyghur Autonomous Re- 6 gion of China, the Government of the People’s Re- 7 public of China has, since 2017, arbitrarily detained 8 as many as 1.8 million Uyghurs, Kazakhs, Kyrgyz, 9 and members of other Muslim minority groups in a 10 system of extrajudicial mass internment camps, and 11 has subjected detainees to forced labor, torture, po- 12 litical indoctrination, and other severe human rights 13 abuses. 14 (2) Forced labor exists within the Xinjiang 15 Uyghur Autonomous Region’s system of mass in- 16 ternment camps, and throughout the region, and is 17 confirmed by the testimony of former camp detain- 18 ees, satellite imagery, and official leaked documents 19 from the Government of the People’s Republic of 20 China as part of a targeted campaign of repression 21 of Muslim ethnic minorities. 22 (3) In addition to reports from researchers and 23 civil society groups documenting evidence that many 24 factories and other suppliers in the Xinjiang Uyghur 25 Autonomous Region are exploiting forced labor, the 26 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 6210 RFS Department of Commerce’s Bureau of Industry and 1 Security on July 22, 2020, added eleven entities to 2 the entity list after determining the entities had 3 been ‘‘implicated in human rights violations and 4 abuses in the implementation of China’s campaign of 5 repression, mass arbitrary detention, forced labor 6 and high-technology surveillance against Uyghurs, 7 Kazakhs, and other members of Muslim minority 8 groups in the Xinjiang Uyghur Autonomous Re- 9 gion’’. 10 (4) Audits and efforts to vet products and sup- 11 ply chains in the Xinjiang Uyghur Autonomous Re- 12 gion are unreliable due to the extent forced labor 13 has been integrated into the regional economy, the 14 mixing of involuntary labor with voluntary labor, the 15 inability of witnesses to speak freely about working 16 conditions given government surveillance and coer- 17 cion, and the incentive of government officials to 18 conceal government-sponsored forced labor. 19 (5) The Department of State’s June 2019 Traf- 20 ficking in Persons Report found that ‘‘Authorities 21 offer subsidies incentivizing Chinese companies to 22 open factories in close proximity to the internment 23 camps, and local governments receive additional 24 funds for each inmate forced to work in these sites 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 6210 RFS at a fraction of minimum wage or without any com- 1 pensation.’’. 2 (6) U.S. Customs and Border Protection has 3 issued eight ‘‘Withhold Release Orders’’ on certain 4 garments, hair products, cotton, processed cotton, 5 and computer parts suspected to be produced with 6 prison or forced labor in the Xinjiang Uyghur Au- 7 tonomous Region. 8 (7) In its 2019 Annual Report, the Congres- 9 sional-Executive Commission on China (CECC) 10 found that products reportedly produced with forced 11 labor by current and former mass internment camp 12 detainees included textiles, electronics, food prod- 13 ucts, shoes, tea, and handicrafts. 14 (8) Section 307 of the Tariff Act of 1930 (19 15 U.S.C. 1307) states that it is illegal to import into 16 the United States ‘‘goods, wares, articles, and mer- 17 chandise mined, produced, or manufactured wholly 18 or in part’’ by forced labor. Such merchandise is 19 subject to exclusion or seizure and may lead to 20 criminal investigation of the importer. 21 (9) The policies of the Government of the Peo- 22 ple’s Republic of China are in contravention of inter- 23 national human rights instruments signed by that 24 government, including— 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 6210 RFS (A) the Universal Declaration of Human 1 Rights and the International Covenant on Civil 2 and Political Rights, which the People’s Repub- 3 lic of China has signed but not yet ratified; 4 (B) the International Covenant on Eco- 5 nomic, Social, and Cultural Rights, ratified by 6 the People’s Republic of China in 2001; and 7 (C) the United Nations Protocol to Pre- 8 vent, Suppress and Punish Trafficking in Per- 9 sons, Especially Women and Children (Palermo 10 Protocol), to which the People’s Republic of 11 China has been a state party since February 12 2010. 13 SEC. 3. STATEMENT OF POLICY. 14 It is the policy of the United States— 15 (1) to prohibit the import of all goods, wares, 16 articles, or merchandise mined, produced, or manu- 17 factured, wholly or in part, by forced labor from the 18 People’s Republic of China and particularly any such 19 goods, wares, articles, or merchandise produced in 20 the Xinjiang Uyghur Autonomous Region of China; 21 (2) to encourage the international community 22 to reduce the import of any goods made with forced 23 labor from the People’s Republic of China, particu- 24 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 6210 RFS larly those goods mined, manufactured, or produced 1 in the Xinjiang Uyghur Autonomous Region; 2 (3) to coordinate with Mexico and Canada to ef- 3 fectively implement Article 23.6 of the United 4 States-Mexico-Canada Agreement to prohibit the im- 5 portation of goods produced in whole or in part by 6 forced or compulsory labor, which includes goods 7 produced in whole or in part by forced or compul- 8 sory labor in the People’s Republic of China; 9 (4) to actively work to prevent, publicly de- 10 nounce, and end human trafficking as a horrific as- 11 sault on human dignity and to restore the lives of 12 those affected by human trafficking, a modern form 13 of slavery; 14 (5) to regard the prevention of atrocities as in 15 its national interest, including efforts to prevent tor- 16 ture, enforced disappearances, severe deprivation of 17 liberty, including mass internment, arbitrary deten- 18 tion, and widespread and systematic use of forced 19 labor, and persecution targeting any identifiable eth- 20 nic or religious group; and 21 (6) to address gross violations of human rights 22 in the Xinjiang Uyghur Autonomous Region through 23 bilateral diplomatic channels and multilateral insti- 24 tutions where both the United States and the Peo- 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 6210 RFS ple’s Republic of China are members and with all 1 the authorities available to the United States Gov- 2 ernment, including visa and financial sanctions, ex- 3 port restrictions, and import controls. 4 SEC. 4. PROHIBITION ON IMPORTATION OF GOODS MADE 5 IN THE XINJIANG UYGHUR AUTONOMOUS RE- 6 GION. 7 (a) IN GENERAL.—Except as provided in subsection 8 (b), all goods, wares, articles, and merchandise mined, 9 produced, or manufactured wholly or in part in the 10 Xinjiang Uyghur Autonomous Region of China, or by per- 11 sons working with the Xinjiang Uyghur Autonomous Re- 12 gion government for purposes of the ‘‘poverty alleviation’’ 13 program or the ‘‘pairing-assistance’’ program which sub- 14 sidizes the establishment of manufacturing facilities in the 15 Xinjiang Uyghur Autonomous Region, shall be deemed to 16 be goods, wares, articles, and merchandise described in 17 section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) 18 and shall not be entitled to entry at any of the ports of 19 the United States. 20 (b) EXCEPTION.—The prohibition described in sub- 21 section (a) shall not apply if the Commissioner of U.S. 22 Customs and Border Protection— 23 (1) determines, by clear and convincing evi- 24 dence, that any specific goods, wares, articles, or 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 6210 RFS merchandise described in subsection (a) were not 1 produced wholly or in part by convict labor, forced 2 labor, or indentured labor under penal sanctions; 3 and 4 (2) submits to the appropriate congressional 5 committees and makes available to the public a re- 6 port that contains such determination. 7 (c) EFFECTIVE DATE.—This section shall take effect 8 on the date that is 120 days after the date of the enact- 9 ment of this Act. 10 SEC. 5. ENFORCEMENT STRATEGY TO ADDRESS FORCED 11 LABOR IN THE XINJIANG UYGHUR AUTONO- 12 MOUS REGION. 13 (a) IN GENERAL.—Not later than 120 days after the 14 date of the enactment of this Act, the Forced Labor En- 15 forcement Task Force, established under section 741 of 16 the United States-Mexico-Canada Agreement Implementa- 17 tion Act (19 U.S.C. 4681), shall submit to the appropriate 18 congressional committees a report that contains an en- 19 forcement strategy to effectively address forced labor in 20 the Xinjiang Uyghur Autonomous Region of China. The 21 enforcement strategy shall describe the specific enforce- 22 ment plans of the United States Government regarding— 23 (1) goods, wares, articles, and merchandise de- 24 scribed in section 4(a) that are imported into the 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 6210 RFS United States directly from the Xinjiang Uyghur 1 Autonomous Region; 2 (2) goods, wares, articles, and merchandise de- 3 scribed in section 4(a) that are imported into the 4 United States from the People’s Republic of China 5 and are mined, produced, or manufactured in part 6 in the Xinjiang Uyghur Autonomous Region or by 7 persons working with the Xinjiang Uyghur Autono- 8 mous Region government for purposes of the ‘‘pov- 9 erty alleviation’’ program or the ‘‘pairing-assistance’’ 10 program; and 11 (3) goods, wares, articles, and merchandise de- 12 scribed in section 4(a) that are imported into the 13 United States from third countries and are mined, 14 produced, or manufactured in part in the Xinjiang 15 Uyghur Autonomous Region or by persons working 16 with the Xinjiang Uyghur Autonomous Region gov- 17 ernment for purposes of the ‘‘poverty alleviation’’ 18 program or the ‘‘pairing-assistance’’ program. 19 (b) MATTERS TO BE INCLUDED.—The strategy re- 20 quired by subsection (a) shall include the following: 21 (1) A description of the actions taken by the 22 United States Government to address forced labor in 23 the Xinjiang Uyghur Autonomous Region under sec- 24 tion 307 of the Tariff Act of 1930 (19 U.S.C. 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 6210 RFS 1307), including a description of all Withhold Re- 1 lease Orders issued, goods detained, and fines 2 issued. 3 (2) A list of products made wholly or in part 4 by forced or involuntary labor in the Xinjiang 5 Uyghur Autonomous Region and a list of businesses 6 that sold products in the United States made wholly 7 or in part by forced or involuntary labor in the 8 Xinjiang Uyghur Autonomous Region. 9 (3) A list of facilities and entities, including the 10 Xinjiang Production and Construction Corps, that 11 source material from the Xinjiang Uyghur Autono- 12 mous Region or by persons working with the 13 Xinjiang Uyghur Autonomous Region government 14 for purposes of the ‘‘poverty alleviation’’ program or 15 the ‘‘pairing-assistance’’ program, a plan for identi- 16 fying additional such facilities and entities, and 17 facility- and entity-specific enforcement plans, in- 18 cluding issuing specific Withhold Release Orders to 19 support enforcement of section 4, with regard to 20 each listed facility or entity. 21 (4) A list of high-priority sectors for enforce- 22 ment, which shall include cotton and tomatoes, and 23 a sector-specific enforcement plan for each high-pri- 24 ority sector. 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 6210 RFS (5) A description of the additional resources 1 necessary for U.S. Customs and Border Protection 2 to effectively implement the enforcement strategy. 3 (6) A plan to coordinate and collaborate with 4 appropriate nongovernmental organizations and pri- 5 vate sector entities to discuss the enforcement strat- 6 egy for products made in the Xinjiang Uyghur Au- 7 tonomous Region. 8 (c) FORM.—The report required by subsection (a) 9 shall be submitted in unclassified form, but may include 10 a classified annex, if necessary. 11 (d) UPDATES.—The Forced Labor Enforcement 12 Task Force shall provide briefings to the appropriate con- 13 gressional committees on a quarterly basis and, as applica- 14 ble, on any updates to the strategy required by subsection 15 (a) or any additional actions taken to address forced labor 16 in the Xinjiang Uyghur Autonomous Region, including ac- 17 tions described in this Act. 18 (e) SUNSET.—This section shall cease to have effect 19 on the earlier of— 20 (1) the date that is 8 years after the date of the 21 enactment of this Act; or 22 (2) the date on which the President submits to 23 the appropriate congressional committees a deter- 24 mination that the Government of the People’s Re- 25 VerDate Sep 11 2014 18:09 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6210.RFS H6210 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 6210 RFS public of China has ended mass internment, forced 1 labor, and any other gross violations of human 2 rights experienced by Uyghurs, Kazakhs, Kyrgyz, 3 and members of other Muslim minority groups in 4 the Xinjiang Uyghur Autonomous Region. 5 SEC. 6. DETERMINATION RELATING TO CRIMES AGAINST 6 HU [Text truncated for display. Full text available on Congress.gov.]