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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E—Provisions Relating to Supply Chain Security

P. L. 117-81

Joint Explanatory Statement

(a) Prohibition on the Availability of Funds for Certain Procurements From XUAR.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a ``poverty alleviation'' or ``pairing assistance'' program.

(b) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract.

(c) Definitions.--In this section:

(1) The term ``forced labor'' means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.

(2) The term ``person'' means--

(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or

(B) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A).

(3) The term ``XUAR'' means the Xinjiang Uyghur Autonomous Region of the People's Republic of China.

The House bill contained a provision (sec. 836) that would prohibit the use of funds by the Department of Defense for certain procurements from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. This section would also require the issuance of rules for contracts with the Department of Defense related to such prohibition.

The Senate amendment contained no similar provision.

The agreement includes the House provision with a technical and clarifying amendment.

We find that the ongoing abuses against Uyghurs and members of other ethnic and religious minority groups constitute genocide as defined in the Genocide Convention and crimes against humanity as understood under customary international law and attribute these atrocity crimes against Uyghurs and members of other ethnic and religious minority groups to the People’s Republic of China, under the direction and control of the Chinese Communist Party. We condemn this genocide and these crimes against humanity in the strongest terms and call upon the President to direct the U.S. Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to:

(1) Refer the People’s Republic of China’s genocide and crimes against humanity against Uyghurs and members of other ethnic and religious minority groups to the competent organs of the United Nations for investigation;

(2) Seize the United Nations Security Council of the circumstances of this genocide and crimes against humanity and lead efforts to invoke multilateral sanctions in response to these ongoing atrocities; and

(3) Take all possible actions to bring this genocide and these crimes against humanity to an end and hold the perpetrators of these atrocities accountable under international law.

H. R. 4350--House Report 117-118

Section 836--Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

This section would prohibit Department of Defense funds for certain procurements from the Xinjiang Uyghur Autonomous Region of China. This section would also require the issuance of rules for contracts with the Department of Defense related to such prohibition.