Section 1. TitleThis legislation may be cited as the
Uyghur Forced Labor Prevention Act.
Section 2. FindingsThe Senate finds the following:
1.) In the Xinjiang Uyghur Autonomous Region of the People's Republic of China, the Government of the People’s Republic of China has, since April 2017, arbitrarily detained more than 1,000,000 Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in a system of extrajudicial mass internment camps, and has subjected detainees to forced labor, torture, political indoctrination, and other severe human rights abuses.
2.) Forced labor, a severe form of human trafficking, exists within the Xinjiang Uyghur Autonomous Region’s system of mass internment camps, and throughout the region, and is confirmed by the testimony of former camp detainees, satellite imagery, 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 minorities.
3.) Researchers and civil society groups have issued reports documenting evidence that many factories and other suppliers in the Xinjiang Uyghur Autonomous Region are exploiting forced labor, on July 22, 2020, the Bureau of Industry and Security of the Department of Commerce added 11 entities to the Entity List set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, after determining the entities had been “implicated in human rights violations and abuses in the implementation of China’s campaign of repression, mass arbitrary detention, forced labor and high-technology surveillance against Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region”.
4.) Since October 2019, the Bureau of Industry and Security of the Department of Commerce has added a total of 48 entities of the Government of the People's Republic of China to the Entity List set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, in connection with their implication in human rights abuses in the implementation of China’s campaign of repression, mass arbitrary detention, forced labor, and high-technology surveillance against Uyghurs, Kazakhs, and other members of Muslim minority groups in the Xinjiang Uyghur Autonomous Region. As a consequence of their addition to the Entity List, comprehensive restrictions apply to the export, reexport, and in-country transfer of most Atlasia-origin items to those 48 entities. Audits and traditional due diligence efforts to vet goods and supply chains in the Xinjiang Uyghur Autonomous Region are unreliable for identifying the absence of forced labor in the production of goods because of interference by the Government of the People’s Republic of China, including through intimidation of potential witnesses and concealment of relevant information.
5.) Reports cited by the Department of Labor estimate that hundreds of thousands of ex-detainees who are Uyghurs, Kazakhs, Kyrgyz, Tibetans, 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 camps. Moreover, nongovernmental organizations estimate that more than 80,000 Uyghurs were transferred out of the Xinjiang Uyghur Autonomous Region to work in factories across the People’s Republic of China between 2017 and 2019, and some of them were sent directly from detention camps.
6.) The Department of State’s June 2020 Trafficking in Persons Report found, “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 provinces. Local governments receive additional funds for each inmate forced to work in these sites at a fraction of minimum wage or without any compensation. 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 programs.”.
7.) Atlasian Customs and Border Protection has issued 11 withhold release orders on goods suspected to be produced with forced labor in the Xinjiang Uyghur Autonomous Region. Goods subject to the withhold release orders include all cotton, cotton products, tomatoes, and tomato products, as well as certain garments, hair products, apparel, computer parts, and other goods.
8.) Under section 1091(a) of title 18, Atlasian Code, a person commits genocide if the person “whether in time of peace or in time of war and with the specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such—
“(1) kills members of that group;
“(2) causes serious bodily injury to members of that group;
“(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;
“(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;
“(5) imposes measures intended to prevent births within the group; or
“(6) transfers by force children of the group to another group.”.
9.) 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 Uyghurs, the birthrate of the Uyghur population in the Xinjiang Uyghur Autonomous Region plummeted by 24 percent from 2017 to 2018, with birthrates in the Uyghur majority regions of Hotan and Kashgar decreasing by more than 60 percent from 2015 to 2018.
10.) The policies of the Government of the People’s Republic of China are in contravention of its human rights commitments and obligations, including under—
(A) the Universal Declaration of Human Rights;
(B) the International Covenant on Civil and Political Rights, which the People’s Republic of China has signed but not yet ratified; and
(C) the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (commonly known as the “Palermo Protocol”), to which the People’s Republic of China has been a state party since February 2010.
Section 3. Definitions1.) FORCED LABOR.—The term “forced labor”—
(A) has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
(B) includes convict labor and indentured labor under penal sanctions.
3.) FOREIGN PERSON.—The term “foreign person” means a person that is not a Republic of Atlasia person.
4.) PERSON.—The term “person” means an individual or entity.
5.) REPUBLIC OF ATLASIA PERSON.—The term “Republic of Atlasia person” means—
(A) An Atlasian citizen or an alien lawfully admitted for permanent residence to the Republic of Atlasia; or
(B) an entity organized under the laws of the Republic of Atlasia or any jurisdiction within the Republic of Atlasia, including a foreign branch of such an entity.
Section 4. Statement Of Policy.It is the policy of the Republic of Atlasia—
1.) to strengthen the prohibition against the importation of goods made with forced labor, including by ensuring that the Government of the People’s Republic of China does not undermine the effective enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the importation of all “goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part in any foreign country by … forced labor”;
2.) to lead the international community in ending forced labor practices wherever such practices occur through all means available to the Atlasian Government, including by stopping the importation of any goods made with forced labor, including those goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region;
3.) to actively work to prevent, publicly denounce, and end human trafficking, including with respect to forced labor, whether sponsored by the government of a foreign country or not, and to restore the lives of those affected by human trafficking, a modern form of slavery;
4.) to regard the prevention of atrocities as a priority in the national interests of the Republic of Atlasia; and
5.) to address gross violations of human rights in the Xinjiang Uyghur Autonomous Region—
(A) through bilateral diplomatic channels and multilateral institutions in which both the Republic of Atlasia and the People’s Republic of China are members; and
(B) using all the authorities available to the Atlasian Government, including visa and financial sanctions, export restrictions, and import controls.
Section 5. Rebuttal Presumption That Import Prohibition Applies To Goods Mined, Produced, Or Manufactured In The Xinjiang Uyghur Autonomous Region Or By Certain Entities.(a) In General.—The Commissioner of Atlasian Customs and Border Protection shall, except as provided by subsection (b), apply a presumption that, with respect to any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China or produced by an entity on a list required by clause (i), (iii), or (iv) of section 4(d)(2)(B)—
1.) the importation of such goods, wares, articles, and merchandise is prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
2.) such goods, wares, articles, and merchandise are not entitled to entry at any of the ports of the Republic of Atlasia.
(b) Exceptions.—The Commissioner shall apply the presumption under subsection (a) unless the Commissioner determines that—
1.) the importer of record has—
(A) fully complied with the guidance described in section 4(d)(5) and any regulations issued to implement that guidance; and
(B) completely and substantively responded to all inquiries for information submitted by the Commissioner to ascertain whether the goods were mined, produced, or manufactured wholly or in part with forced labor; and
2.) the good was not mined, produced, or manufactured wholly or in part by forced labor.
(c) Report Required.—Not less frequently than every 180 days, the Commissioner shall submit to the Senate and make available to the public a report that lists all instances in which the Commissioner declined to apply the presumption under subsection (a) during the preceding 180-day period.
(d) Regulations.—The Commissioner may prescribe regulations—
1.) to implement paragraphs (1) and (2) of subsection (b); or
2.) to amend any other regulations relating to withhold release orders in order to implement this section.
(e) Effective Date.—This section takes effect on the date that is 300 days after the date of the enactment of this Act.
Section 6. Diplomatic Strategy To Address Forced Labor In The Xinjiang Uyghur Autonomous Region.(a) In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State's Office, in coordination with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a report that includes an Atlasian 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 China.
(b) Matters To Be Included.—The Secretary shall include in the report required by subsection (a) the following:
1.) A plan—
(A) to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to raise awareness about goods mined, produced, or manufactured wholly or in part with forced labor in the Xinjiang Uyghur Autonomous Region; and
(B) to provide humanitarian assistance, including with respect to resettlement and advocacy for imprisoned family members, to Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups, including members of such groups formerly detained in mass internment camps in the Xinjiang Uyghur Autonomous Region.
(c) Additional Matters To Be Included.—The Secretary shall include in the report required by subsection (a), based on consultations with the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of the Treasury, the following:
1.) To the extent practicable, a list of—
(A) 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 Region; and
(B) foreign persons that act as agents of the entities or affiliates described in subparagraph (A) to import goods into the Republic of Atlasia.
2.) A plan for working with private sector entities seeking to conduct supply chain due diligence to prevent the importation of goods mined, produced, or manufactured wholly or in part with forced labor into the Republic of Atlasia.
3.) A description of actions taken by the Republic of Atlasia Government to address forced labor in the Xinjiang Uyghur Autonomous Region under existing authorities, including—
(A) the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); and
(B) the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note).
(d) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex, if necessary.
https://www.congress.gov/bill/117th-congress/senate-bill/65/text?r=5&s=1 
