,,ii #aagth ,,congress #ast ,session ,s4 #fe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bg1 #bjba,mr4 ,rubio 7for himself1 ,mr4 ,merkley1 ,mr4 ,risch1 ,mr4 ,van ,hollen1 ,mr4 ,cotton1 ,ms4 ,warren1 ,mr4 ,cornyn1 ,ms4 ,hassan1 ,ms4 ,collins1 ,ms4 ,klobuchar1 ,mr4 ,romney1 ,mrs4 ,feinstein1 ,mr4 ,daines1 ,mr4 ,blumenthal1 ,mr4 ,moran1 ,mr4 ,warner1 ,mr4 ,lankford1 ,ms4 ,smith1 ,mrs4 ,blackburn1 ,mr4 ,booker1 ,mr4 ,scott of ,florida1 ,mr4 ,markey1 ,mr4 ,thune1 ,mr4 ,boozman1 ,mr4 ,braun1 ,mr4 ,sasse1 ,mr4 ,young1 ,mr4 ,coons1 ,mr4 ,cardin1 and ,mr4 ,cruz7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,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 market1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,uyghur ,forced ,labor ,prevention ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in the ,xinjiang ,uyghur ,autonomous ,region of the ,people's ,republic of ,china1 the ,government of the ,people's ,republic of ,china has1 since ,april #bjag1 arbitrarily detained more than #a1jjj1jjj ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups in a system of extrajudicial mass internment camps1 and has subjected detainees to forced labor1 torture1 political indoctrination1 and other severe human rights abuses4 7#b7 ,forced labor1 a severe form of human trafficking1 exists within the ,xinjiang ,uyghur ,autonomous ,region's system of mass internment camps1 and throughout the region1 and is confirmed by the testimony of former camp detainees1 satellite imagery1 and official leaked documents from the ,government of the ,people's ,republic of ,china as part of a targeted campaign of repression of ,muslim ethnic minorities4 7#c7 ,in addition to reports from researchers and civil society groups documenting evidence that many factories and other suppliers in the ,xinjiang ,uyghur ,autonomous ,region are exploiting forced labor1 on ,july #bb1 #bjbj1 the ,bureau of ,industry and ,security of the ,department of ,commerce added #aa entities to the ,entity ,list set forth in ,supplement ,no4 #d to part #gdd of title #ae1 ,code of ,federal ,regulations1 after determining the entities had been implicated in human rights violations and abuses in the implementation of ,china's campaign of repression1 mass arbitrary detention1 forced labor and high-technology surveillance against ,uyghurs1 ,kazakhs1 and members of other persecuted groups in the ,xinjiang ,uyghur ,autonomous ,region4 7#d7 ,the ,government of the ,people's ,republic of ,china interferes with audits and traditional due diligence efforts to vet goods and supply chains in the ,xinjiang ,uyghur ,autonomous ,region to hinder identifying goods made in whole or part with forced labor1 including by intimidating potential witnesses and concealing relevant information4 7#e7 ,reports cited by the ,department of ,labor estimate that hundreds of thousands of ex-detainees who are ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other persecuted groups in the ,people's ,republic of ,china may be working in conditions of forced labor following detention in re-education camps4 ,moreover1 nongovernmental organizations estimate that more than #hj1jjj ,uyghurs were transferred out of the ,xinjiang ,uyghur ,autonomous ,region to work in factories across the ,people's ,republic of ,china between #bjag and #bjai1 and some of them were sent directly from detention camps4 7#f7 ,the ,department of ,state's ,june #bjbj ,trafficking in ,persons ,report found1 ,authorities offer subsidies incentivizing ,chinese companies to open factories in close proximity to the internment camps and to receive transferred detainees at satellite manufacturing sites in other provinces4 ,local governments receive additional funds for each inmate forced to work in these sites at a fraction of minimum wage or without any compensation4 ,the government has transported tens of thousands of these individuals to other areas within ,xinjiang and to other provinces for forced labor under the guise of poverty alleviation and industrial aid programs44 7#g7 ,u4,s4 ,customs and ,border ,protection has issued #aa withhold release orders on goods suspected to be produced with prison or forced labor in the ,xinjiang ,uyghur ,autonomous ,region4 ,goods subject to the withhold release orders include all cotton1 cotton products1 tomatoes1 and tomato products1 as well as certain garments1 hair products1 apparel1 computer parts1 and other goods4 7#h7 ,in its #bjai annual report1 the ,congressional-,executive ,commission on ,china found that goods reportedly produced with forced labor by current and former mass internment camp detainees included textiles1 electronics1 food products1 shoes1 tea1 and handicrafts4 7#i7 ,under section #ajia7;a7 of title #ah1 ,united ,states ,code1 a person commits genocide if the person 8whether in time of peace or in time of war and with the specific intent to destroy1 in whole or in substantial part1 a national1 ethnic1 racial1 or religious group as such-- 7#a7 kills members of that group2 7#b7 causes serious bodily injury to members of that group2 7#c7 causes the permanent impairment of the mental faculties of members of the group through drugs1 torture1 or similar techniques2 7#d7 subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part2 7#e7 imposes measures intended to prevent births within the group2 or 7#f7 transfers by force children of the group to another group4 4 7#aj7 ,as a direct result of the campaign of targeted and coercive population control of the ,government of the ,people's ,republic of ,china's against ,uyghurs1 the birthrate of the ,uyghur population in the ,xinjiang ,uyghur ,autonomous ,region plummeted by #bd percent from #bjag to #bjah1 with birthrates in the ,uyghur majority regions of ,hotan and ,kashgar decreasing by more than #fj percent from #bjae to #bjah4 7#aa7 ,the policies of the ,government of the ,people's ,republic of ,china are in contravention of its human rights commitments and obligations1 including under-- 7,a7 the ,universal ,declaration of ,human ,rights2 7,b7 the ,international ,covenant on ,civil and ,political ,rights1 which the ,people's ,republic of ,china has signed but not yet ratified2 and 7,c7 the ,united ,nations ,protocol to ,prevent1 ,suppress and ,punish ,trafficking in ,persons ,especially ,women and ,children 7commonly known as the ,palermo ,protocol71 to which the ,people's ,republic of ,china has been a state party since ,february #bjaj4 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to strengthen the prohibition against the importation of goods made with forced labor1 including by ensuring that the ,government of the ,people's ,republic of ,china does not undermine the effective enforcement of section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg71 which prohibits the importation of all goods1 wares1 articles1 and merchandise mined1 produced or manufactured wholly or in part in any foreign country by ''' forced labor2 7#b7 to lead the international community in ending forced labor practices wherever such practices occur through all means available to the ,united ,states ,government1 including by stopping the importation of any goods made with forced labor1 including those goods mined1 produced1 or manufactured in the ,xinjiang ,uyghur ,autonomous ,region2 7#c7 to actively work to prevent1 publicly denounce1 and end human trafficking1 including with respect to forced labor1 whether sponsored by the government of a foreign country or not1 and to restore the lives of those affected by human trafficking1 a modern form of slavery2 7#d7 to regard the prevention of atrocities as a priority in the national interests of the ,united ,states2 and 7#e7 to address gross violations of human rights in the ,xinjiang ,uyghur ,autonomous ,region-- 7,a7 through bilateral diplomatic channels and multilateral institutions in which both the ,united ,states and the ,people's ,republic of ,china are members2 and 7,b7 using all the authorities available to the ,united ,states ,government1 including visa and financial sanctions1 export restrictions1 and import controls4 #d4 ,strategy to enforce prohibition on importation of goods made through forced labor in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,public comment 7#a7 ,in general ,not later than #de days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,united ,states ,trade ,representative1 the ,secretary of ,state1 and the ,secretary of ,labor1 shall publish in the ,federal ,register a notice soliciting public comments on how best to ensure that goods made with forced labor in the ,people's ,republic of ,china1 including by ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups in the ,xinjiang ,uyghur ,autonomous ,region of the ,people's ,republic of ,china1 are not imported into the ,united ,states4 7#b7 ,period for comment ,the ,secretary of ,homeland ,security shall provide the public with not less than #fj days to submit comments in response to the notice required by paragraph 7#a74 7b7 ,public hearing 7#a7 ,in general ,not later than #de days after the close of the period to submit comments under subsection 7a77#b71 the ,secretary of ,homeland ,security1 the ,secretary of ,labor1 the ,united ,states ,trade ,representative1 and the ,secretary of ,state shall jointly 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 measures1 including the measures described in paragraph 7#b71 to prevent the importation of goods made with forced labor into the ,united ,states from the ,people's ,republic of ,china4 7#b7 ,measures described ,the measures described in this paragraph are-- 7,a7 measures that can be taken to trace goods or to prevent goods from leaving the ,people's ,republic of ,china2 and 7,b7 other measures for ensuring that goods made with forced labor do not enter the ,united ,states4 7c7 ,development of strategy ,after receiving public comments under subsection 7a7 and holding the hearing required by subsection 7b71 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,united ,states ,trade ,representative1 the ,secretary of ,state1 and the ,director of ,national ,intelligence1 shall develop a strategy for preventing the importation into the ,united ,states of goods made with forced labor in the ,xinjiang ,uyghur ,autonomous ,region4 7d7 ,elements ,the strategy developed under subsection 7c7 shall include the following3 7#a7 ,a comprehensive assessment of the risk of the possibility of importing goods made with forced labor from the ,people's ,republic of ,china1 including from the ,xinjiang ,uyghur ,autonomous ,region or made by ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other persecuted groups in any other part of the ,people's ,republic of ,china1 that identifies1 to the extent feasible-- 7,a7 threats1 including through the potential involvement in supply chains of entities that may use forced labor1 that could lead to the importation of goods made with forced labor into the ,united ,states2 and 7,b7 what procedures can be implemented or improved to reduce such threats4 7#b7 ,a comprehensive description and evaluation-- 7,a7 of pairing assistance and poverty alleviation programs that include the forced labor of ,uyghurs1 ,kazakhs1 ,kyrgyz1 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 ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other persecuted groups through the threat of penalty or for which the ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other persecuted groups have not offered themselves voluntarily2 and 7,b7 that includes-- 7i7 a list of entities working with the government of the ,xinjiang ,uyghur ,autonomous ,region to move forced labor or ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other persecuted groups out of the ,xinjiang ,uyghur ,autonomous ,region2 and 7ii7 a list of goods made with such labor for importation to the ,united ,states4 7#c7 ,recommendations for efforts1 initiatives1 and tools and technologies to be adopted to ensure that ,u4,s4 ,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 ,states4 7#d7 ,a description of how ,u4,s4 ,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 #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg71 including through the initiation of pilot programs to test the viability of technologies to assist in the examination of such goods4 7#e7 ,guidance to importers with respect to-- 7,a7 best practices or effective due diligence measures to ensure that such importers do not import any goods made with forced labor from the ,xinjiang ,uyghur ,autonomous ,region2 and 7,b7 the type1 nature1 and extent of evidence that demonstrates that imported goods detained or seized pursuant to section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg7 were not made with forced labor4 7e7 ,submission of strategy ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,labor1 the ,united ,states ,trade ,representative1 and the ,secretary of ,state1 shall submit to the appropriate congressional committees a report that-- 7#a7 in the case of the first such report1 sets forth the strategy developed under subsection 7c72 and 7#b7 in the case of any subsequent such report1 sets forth any updates to the strategy4 7f7 ,form of report ,each report required by subsection 7e7 shall be submitted in unclassified form1 but may include a classified annex1 if necessary4 7g7 ,public availability ,the unclassified portion of each report required by subsection 7e7 shall be made available to the public4 #e4 ,rebuttable presumption that import prohibition applies to goods produced in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall1 except as provided by subsection 7b71 apply a presumption that1 with respect to any significant goods1 wares1 articles1 and merchandise mined1 produced1 or manufactured wholly or in part in the ,xinjiang ,uyghur ,autonomous ,region of the ,people's ,republic of ,china or produced by entities on a list required by section #d7;d77#b77;,b77i7-- 7#a7 the importation of such goods1 wares1 articles1 and merchandise is prohibited under section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg72 and 7#b7 such goods1 wares1 articles1 and merchandise are not entitled to entry at any of the ports of the ,united ,states4 7b7 ,exceptions ,the ,commissioner shall apply the presumption under subsection 7a7 unless the ,commissioner determines that-- 7#a7 the importer of record has-- 7,a7 fully complied with the guidance described in section #d7;d77#e7 and any regulations issued to implement that guidance2 and 7,b7 completely and substantively responded to all inquiries for information submitted by the ,commissioner to ascertain whether the goods were manufactured through forced labor2 7#b7 the good was not produced wholly or in part by forced labor2 or 7#c7 the ,president certifies that the ,government of the ,people's ,republic of ,china is not impeding in any way attempts to investigate abuses of ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other persecuted groups or to address any other instances of forced labor in the ,people's ,republic of ,china4 7c7 ,regulations ,the ,commissioner may prescribe regulations-- 7#a7 to implement paragraphs 7#a7 and 7#b7 of subsection 7b72 or 7#b7 to amend any other regulations relating to withhold release orders in order to implement this section4 7d7 ,effective date ,this section takes effect on the date that is #cjj days after the date of the enactment of this ,act4 #f4 ,determination relating to atrocities and genocide in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the appropriate congressional committees a report setting forth the formal determination of the ,secretary with respect to whether-- 7#a7 the human rights abuses committed by the ,government of the ,people's ,republic of ,china against ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups in the ,xinjiang ,uyghur ,autonomous ,region of the ,people's ,republic of ,china constitute genocide within the meaning of section #ajia7;a7 of title #ah1 ,united ,states ,code2 and 7#b7 the actions taken by the ,government of the ,people's ,republic of ,china in support of the use of forced labor against ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups in the ,xinjiang ,uyghur ,autonomous ,region constitute an atrocity within the meaning of the term atrocities as defined in section #f of the ,elie ,wiesel ,genocide and ,atrocities ,prevention ,act of #bjah 7,public ,law #aae-dda2 #bb ,u4,s4,c4 #bfef note74 7b7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex1 if necessary4 7c7 ,public availability ,the unclassified portion of each report required by subsection 7a7 shall be made available to the public4 #g4 ,diplomatic strategy to address forced labor in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in coordination with the heads of other appropriate ,federal agencies1 shall submit to the appropriate congressional committees a report that includes 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 ,china4 7b7 ,matters ,to be included ,the ,secretary shall include in the report required by subsection 7a7 the following3 7#a7 ,a plan to enhance bilateral and multilateral coordination1 including sustained engagement with the governments of countries that are partners and allies of the ,united ,states1 to end the use of ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups in the ,xinjiang ,uyghur ,autonomous ,region for forced labor4 7#b7 ,a description of public affairs1 public diplomacy1 and counter-messaging efforts to promote awareness of the human rights situation1 including with respect to forced labor1 in the ,xinjiang ,uyghur ,autonomous ,region4 7#c7 ,a plan-- 7,a7 to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to raise awareness about goods made with forced labor in the ,xinjiang ,uyghur ,autonomous ,region2 and 7,b7 to provide humanitarian assistance1 including with respect to resettlement and advocacy for imprisoned family members1 to ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups1 including members of such groups formerly detained in mass internment camps in the ,xinjiang ,uyghur ,autonomous ,region4 7c7 ,additional matters ,to be included ,the ,secretary shall include in the report required by subsection 7a71 based on consultations with the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 and the ,secretary of the ,treasury1 the following3 7#a7 ,to the extent practicable1 a list of-- 7,a7 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 ,region2 and 7,b7 foreign persons that act as agents of the entities or affiliates described in subparagraph 7,a7 to import goods into the ,united ,states4 7#b7 ,a plan for working with private sector entities seeking to conduct supply chain due diligence to prevent the importation of goods made with forced labor into the ,united ,states4 7#c7 ,a description of actions taken by the ,united ,states ,government to address forced labor in the ,xinjiang ,uyghur ,autonomous ,region under existing authorities1 including-- 7,a7 the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gaja et seq472 7,b7 the ,elie ,wiesel ,genocide and ,atrocities ,prevention ,act of #bjah 7,public ,law #aae-dda2 #bb ,u4,s4,c4 #bfef note72 and 7,c7 the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note74 7d7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex1 if necessary4 #h4 ,imposition of sanctions relating to forced labor in the ,xinjiang ,uyghur ,autonomous ,region 7a7 ,in general ,section #f7;a77#a7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj 7,public ,law #aaf-ade2 #bb ,u4,s4,c4 #fija note7 is amended by adding at the end the following3 7,f7 ,serious human rights abuses in connection with forced labor4 4 7b7 ,effective date2 applicability ,the amendment made by subsection 7a7-- 7#a7 takes effect on the date of the enactment of this ,act2 and 7#b7 applies with respect to the first report required by section #f7;a77#a7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj submitted after such date of enactment4 7c7 ,transition rule 7#a7 ,interim report ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the committees specified in section #f7;a77#a7 of the ,uyghur ,human ,rights ,policy ,act of #bjbj a report that identifies each foreign person1 including any official of the ,government of the ,people's ,republic of ,china1 that the ,president determines is responsible for serious human rights abuses in connection with forced labor with respect to ,uyghurs1 ,kazakhs1 ,kyrgyz1 or members of other ,muslim minority groups1 or other persons in the ,xinjiang ,uyghur ,autonomous ,region4 7#b7 ,imposition of sanctions ,the ,president shall impose sanctions under subsection 7c7 of section #f of the ,uyghur ,human ,rights ,policy ,act of #bjbj with respect to each foreign person identified in the report required by paragraph 7#a71 subject to the provisions of subsections 7d71 7e71 7f71 and 7g7 of that section4 #i4 ,sunset ,sections #d1 #e1 and #g shall cease to have effect on the earlier of-- 7#a7 the date that is #h years after the date of the enactment of this ,act2 or 7#b7 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 internment1 forced labor1 and any other gross violations of human rights experienced by ,uyghurs1 ,kazakhs1 ,kyrgyz1 and members of other persecuted groups in the ,xinjiang ,uyghur ,autonomous ,region4 #aj4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 the ,committee on ,ways and ,means1 and the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,finance1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,person ,the term person means an individual or entity4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4