House Democrats Want Stronger Uyghur Forced Labor Prevention Approach Than Senate's
The House is not clamoring to take up the Senate-passed Uyghur Forced Labor Prevention Act, as Democrats weigh the fact that aligning with the Senate may mean a bill becomes law sooner, with their view that the House approach is stronger.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
The Senate version, which passed unanimously earlier this month (see 2107160003), creates a rebuttable presumption that goods made in China's Xinjiang region or with Xinjiang inputs are made with forced labor. It would also offer guidance to importers on "the type, nature, and extent of evidence that demonstrates" that goods detained under a withhold release order were not made with forced labor. It would go into effect after 300 days, and includes a public comment process.
A House version of the bill, which passed out of committee as part of the EAGLE Act, would go into effect after 120 days, and directs CBP to identify where Uyghurs have been sent to work through a "poverty alleviation" program, which could be outside Xinjiang, and to issue WROs against those factories.
It also says CBP should develop an enforcement strategy over goods imported directly from Xinjiang, or made by persecuted groups in the rest of China; goods imported from China, manufactured in part, or containing products grown, in Xinjang; or goods imported from other countries that were manufactured in part in or containing products grown in Xinjiang.
Another House version of the bill (see 2102220023) passed last year nearly unanimously. Its lead sponsor, Rules Committee Chairman Jim McGovern, D-Mass., told International Trade Today at the Capitol, "I like our version better, so we're in conversations, but we need to get something done, so you know, we're still in discussions about how we're going to deal with that." He did not directly answer a question of whether his strategy would be to pass his bill and then go to a Conference Committee with the Senate. He said he likes that his bill takes effect sooner.
McGovern said the House would not have time to pass a Uyghur Forced Labor bill before lawmakers take an extended August break.
Rep. Tom Malinowski, D-N.J., noted that the EAGLE Act contained Uyghur forced labor language, but did not rule out the Senate approach of a public comment period. "I want the strongest version that can get to the President's desk," he said at the Capitol. "Maybe there's a middle ground, we'll have to see."
A House Ways and Means Committee member also expressed openness to compromise during a Capitol interview with ITT. Member Rep. Jimmy Gomez, D-Calif., said, "I always prefer the version that the House has passed in the past, but I'm always looking for a way forward on legislation, on how to get it passed, and implemented. Ideas are great, but if you can't get it into law, and make it enforceable, then there's no reason to pass it in the first place."
The House Progressive Caucus sometimes votes against Democratic bills they see as insufficiently ambitious. Caucus Chair Rep. Pramila Jayapal, D-Wash., said during a hallway interview, "The House has been very strong on this, and I would like to see us stay strong on it, try to push for as quick of action as possible, so I'll take a look at what the Senate passed. We're continuing to try to push for as quick and bold action as possible." She acknowledged that quickness and boldness could be a tradeoff, and she said she is focused on "what can we get done. We just have to take action on this."
House Ways and Means Trade Subcommittee Chairman Earl Blumenauer rejected the idea of just taking up the Senate version to get the bill signed into law this year. Blumenauer, D-Ore., said that forced labor in Xinjiang is "only one piece of what we're looking at" to tighten up the ban on importing goods made with forced labor. He said the committee doesn't want to be "wildly unrealistic," but that he thinks limiting the action to Xinjiang could be a missed opportunity.
"I think what I want to do, is for our committee to be able to look at it in the context of what else we may be doing. I don't know that we get two bites at the apple," he said. He said he didn't want to rule anything out from the Senate's approach, since that chamber had not passed a forced labor bill before. "I'd like to build on that before we move forward," he said.
McGovern said of the Senate bill, "It's a good step in the right direction. I think it could be better. Let's see if we can make it better. It's long overdue. We passed our version last year overwhelmingly in the House. I think [ours] is stronger, but we'll see how it all works out."