Should the U.S. Block Imports Suspected of Being Made With Forced Labor in Xinjiang, China? (H.R. 6256)

What is H.R. 6256?

(Updated January 9, 2022)

This bill was enacted on December 23, 2021

This bill — the Uyghur Forced Labor Prevention Act — would sanction foreign individuals and companies involved with the use of forced labor in Xinjiang, China, by Uyghur Muslims and other ethnic and religious minorities who are persecuted by the Chinese Communist Party (CCP). It would block the importation of products made with forced labor by presuming that all products made in part or in whole in Xinjiang are tainted by forced labor. Businesses could seek exemptions from the import ban if they can provide U.S. Customs and Border Protection with “clear and convincing evidence” that their supply chains are free of forced labor. The import ban would take effect 180 days after the enactment of this legislation, and would be coordinated with Canada and Mexico under the USMCA.

Argument in favor

Too many companies are using forced labor from Uyghurs and other ethnic and religious minorities who are persecuted by the Chinese Communist Party in Xinjiang to produce goods that are imported into the U.S. market. This bipartisan, bicameral bill would sanction foreign individuals and companies involved with the use of forced labor and block imports from Xinjiang unless the company provides “clear and convincing evidence” that no forced labor was used in the supply chain.

Argument opposed

The U.S. government shouldn’t move to block the importation of goods from Xinjiang, China, that may have been made in whole or in part by the use of forced labor. Sanctioning foreign individuals and companies that use forced labor in Xinjiang will inflame tensions with China, which should be avoided even if it means some products made with forced labor end up being purchased by American consumers.

Impact

Uyghurs and other ethnic and religious minorities who are used by China for forced labor; and companies with supply chains connected to Xinjiang, China.

Cost of H.R. 6256

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Jim McGovern (D-MA) negotiated this compromise bill with Sen. Marco Rubio (R-FL), who sponsored a similar bill in the Senate. McGovern tweeted, “Happy to report that Senator Rubio and I just reached an agreement on the final text of the Uyghur Forced Labor Prevention Act. We will be moving our bill through both chambers and to President Biden’s desk as quickly as possible.” Rubio offered the following statement on the compromise bill in a press release:

“The United States is so reliant on China that we have turned a blind eye to the slave labor that makes our clothes, our solar panels, and much more. That changes today. Our Uyghur Forced Labor Prevention Act will require businesses importing goods into the United States to prove that their supply chains are not tainted with slave labor. It is time to end our economic addiction to China.”

Senate cosponsor Sen. Jeff Merkley (D-OR) added:

“The United States must send a resounding and unequivocal message against genocide and slave labor wherever these evils appear. This deal to get the Uyghur Forced Labor Prevention Act to the President’s desk is essential in that effort. It ensures that American consumers and businesses can buy goods without inadvertent complicity in China’s horrific human rights abuses. As the Chinese government tries to whitewash their genocide and claim a propaganda victory with the upcoming Olympics, it is more important than ever for us to speak out and take action.”

This bill represents a compromise between the Senate version of this legislation, which passed the upper chamber on a unanimous voice vote in July; and the House version which passed the chamber on a 428-1 vote on December 8, 2021.

Nearly identical legislation stalled at the end of the last Congress amid a lobbying push by companies such as Coca-Cola, Disney, Patagonia, and Nike, which were referenced in a hearing on the issue during the current Congress at which survivors of the concentration camps testified. 

The U.S. government and the House of Representatives have formally accused the Chinese Communist Party of perpetrating a genocide and crimes against humanity targeting Uyghurs and other ethnic and religious minorities in Xinjiang.

Media:

• Senate Sponsor Sen. Marco Rubio (R-FL) Press Release

• Causes (Senate Version Passage)

• Causes (China Solar Panels Forced Labor)