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 Homeland Security, in consultation with the United States Trade Representative, the Secretary of State, and the Secretary of Labor, 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 China, including by Uyghurs, Kazakhs, Kyrgyz, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, are not imported into the United States.
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 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 made with forced labor into the United States from the People’s Republic of China.
The measures described in this paragraph are— measures that can be taken to trace goods or to prevent goods from leaving the People’s Republic of China; and other measures for ensuring that goods made 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 Homeland Security, in consultation with the Secretary of Labor, the United States Trade Representative, the Secretary of State, and the Director of National Intelligence, shall develop a strategy for preventing the importation into the United States of goods made with forced labor in the Xinjiang Uyghur Autonomous Region. The strategy developed under subsection
(c)shall include the following: A comprehensive assessment of the risk of the possibility of importing goods made with forced labor from the People’s Republic of China, including from the Xinjiang Uyghur Autonomous Region or made by Uyghurs, Kazakhs, Kyrgyz, 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 of goods made with forced labor into the United States; and what procedures can be implemented or improved to reduce such threats. A comprehensive description and evaluation— of pairing assistance and poverty alleviation programs that include the forced labor of Uyghurs, Kazakhs, Kyrgyz, 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, or members of other persecuted groups through the threat of penalty or for which the Uyghurs, Kazakhs, Kyrgyz, 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; and a list of goods made with such labor for importation to the United States. 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— 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 Region; and the type, nature, and extent of evidence that demonstrates that imported goods detained or seized pursuant to section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) were not made with forced labor. 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. Each report required by subsection
(e)shall be submitted in unclassified form, but may include a classified annex, if necessary. The unclassified portion of each report required by subsection
(e)shall be made available to the public.
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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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