Sec. 4. Strategy to enforce prohibition on importation of goods made through forced labor in the Xinjiang Uyghur Autonomous Region
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Not later than 45 days after the date of the enactment of this Act, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly, and in consultation with the United States Trade Representative, the Secretary of State, and the Secretary of Labor, 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.
The Secretary of the Treasury and the Secretary of Homeland Security shall provide the public with not less than 60 days to submit comments in response to the notice required by paragraph (1). Not later than 45 days after the close of the period to submit comments under subsection (a)(2), the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Labor, the United States Trade Representative, 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 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.
The measures described in this paragraph are— 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 other measures for ensuring that goods mined, produced, or manufactured wholly or in part with forced labor do not enter the United States. After receiving public comments under subsection
(a)and holding the hearing required by subsection (b), the Secretary of the Treasury and the Secretary of Homeland Security shall jointly, and in consultation with the Secretary of Labor, the United States Trade Representative, the Secretary of State, and the Director of National Intelligence, develop a strategy for preventing 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. The strategy developed under subsection
(c)shall include the following: A comprehensive assessment of the risk of importing goods mined, produced, or manufactured wholly or in part 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— 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 what procedures can be implemented or improved to reduce such threats. A comprehensive description and evaluation— 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 that includes— a list of entities working with the government of the Xinjiang Uyghur Autonomous Region to move forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region; a list of products mined, produced, or manufactured wholly or in part by entities on the list required by clause (i); a list of entities that exported products described in clause
(ii)from the People's Republic of China into the United States; 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 or involuntary labor; a plan for identifying additional facilities and entities described in clause (iv); an enforcement plan for each such entity, which may include issuing withhold release orders to support enforcement of section 5 with respect to the entity; a list of high-priority sectors for enforcement, which shall include cotton, tomatoes, and polysilicon; and an enforcement plan for each such high-priority sector. 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. 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. Guidance to importers with respect to— 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; 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 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. A plan to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to implement and update the strategy developed under subsection (c). Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the United States Trade Representative, and the Secretary of State, shall submit to the appropriate congressional committees a report that— in the case of the first such report, sets forth the strategy developed under subsection (c); and in the case of any subsequent such report, sets forth any updates to the strategy. Not less frequently than annually after the submission under paragraph (1)(A) of the strategy developed under subsection (c), the Secretary shall submit to the appropriate congressional committees updates to the strategy with respect to the matters described in clauses
(i)through
(vi)of subsection (d)(2)(B). Each report required by paragraph
(1)shall be submitted in unclassified form, but may include a classified annex, if necessary. The unclassified portion of each report required by paragraph
(1)shall be made available to the public. 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.
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Sec. 4
Strategy to enforce prohibition on importation of goods made through forced labor in the Xinjiang Uyghur Autonomous Region
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