[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6210 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 6210


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2020

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
   Ensuring that goods made with forced labor in the Xinjiang Uyghur 
 Autonomous Region of the People's Republic of China do not enter the 
             United States market, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uyghur Forced Labor Prevention 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In the Xinjiang Uyghur Autonomous Region of China, the 
        Government of the People's Republic of China has, since 2017, 
        arbitrarily detained as many as 1.8 million Uyghurs, Kazakhs, 
        Kyrgyz, and members of other Muslim minority 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 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) In addition to reports from researchers and civil 
        society groups documenting evidence that many factories and 
        other suppliers in the Xinjiang Uyghur Autonomous Region are 
        exploiting forced labor, the Department of Commerce's Bureau of 
        Industry and Security on July 22, 2020, added eleven entities 
        to the entity list 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, and other members of 
        Muslim minority groups in the Xinjiang Uyghur Autonomous 
        Region''.
            (4) Audits and efforts to vet products and supply chains in 
        the Xinjiang Uyghur Autonomous Region are unreliable due to the 
        extent forced labor has been integrated into the regional 
        economy, the mixing of involuntary labor with voluntary labor, 
        the inability of witnesses to speak freely about working 
        conditions given government surveillance and coercion, and the 
        incentive of government officials to conceal government-
        sponsored forced labor.
            (5) The Department of State's June 2019 Trafficking in 
        Persons Report found that ``Authorities offer subsidies 
        incentivizing Chinese companies to open factories in close 
        proximity to the internment camps, and local governments 
        receive additional funds for each inmate forced to work in 
        these sites at a fraction of minimum wage or without any 
        compensation.''.
            (6) U.S. Customs and Border Protection has issued eight 
        ``Withhold Release Orders'' on certain garments, hair products, 
        cotton, processed cotton, and computer parts suspected to be 
        produced with prison or forced labor in the Xinjiang Uyghur 
        Autonomous Region.
            (7) In its 2019 Annual Report, the Congressional-Executive 
        Commission on China (CECC) found that products reportedly 
        produced with forced labor by current and former mass 
        internment camp detainees included textiles, electronics, food 
        products, shoes, tea, and handicrafts.
            (8) Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) 
        states that it is illegal to import into the United States 
        ``goods, wares, articles, and merchandise mined, produced, or 
        manufactured wholly or in part'' by forced labor. Such 
        merchandise is subject to exclusion or seizure and may lead to 
        criminal investigation of the importer.
            (9) The policies of the Government of the People's Republic 
        of China are in contravention of international human rights 
        instruments signed by that government, including--
                    (A) the Universal Declaration of Human Rights and 
                the International Covenant on Civil and Political 
                Rights, which the People's Republic of China has signed 
                but not yet ratified;
                    (B) the International Covenant on Economic, Social, 
                and Cultural Rights, ratified by the People's Republic 
                of China in 2001; and
                    (C) the United Nations Protocol to Prevent, 
                Suppress and Punish Trafficking in Persons, Especially 
                Women and Children (Palermo Protocol), to which the 
                People's Republic of China has been a state party since 
                February 2010.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to prohibit the import of all goods, wares, articles, 
        or merchandise mined, produced, or manufactured, wholly or in 
        part, by forced labor from the People's Republic of China and 
        particularly any such goods, wares, articles, or merchandise 
        produced in the Xinjiang Uyghur Autonomous Region of China;
            (2) to encourage the international community to reduce the 
        import of any goods made with forced labor from the People's 
        Republic of China, particularly those goods mined, 
        manufactured, or produced in the Xinjiang Uyghur Autonomous 
        Region;
            (3) to coordinate with Mexico and Canada to effectively 
        implement Article 23.6 of the United States-Mexico-Canada 
        Agreement to prohibit the importation of goods produced in 
        whole or in part by forced or compulsory labor, which includes 
        goods produced in whole or in part by forced or compulsory 
        labor in the People's Republic of China;
            (4) to actively work to prevent, publicly denounce, and end 
        human trafficking as a horrific assault on human dignity and to 
        restore the lives of those affected by human trafficking, a 
        modern form of slavery;
            (5) to regard the prevention of atrocities as in its 
        national interest, including efforts to prevent torture, 
        enforced disappearances, severe deprivation of liberty, 
        including mass internment, arbitrary detention, and widespread 
        and systematic use of forced labor, and persecution targeting 
        any identifiable ethnic or religious group; and
            (6) to address gross violations of human rights in the 
        Xinjiang Uyghur Autonomous Region through bilateral diplomatic 
        channels and multilateral institutions where both the United 
        States and the People's Republic of China are members and with 
        all the authorities available to the United States Government, 
        including visa and financial sanctions, export restrictions, 
        and import controls.

SEC. 4. PROHIBITION ON IMPORTATION OF GOODS MADE IN THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) In General.--Except as provided in subsection (b), all goods, 
wares, articles, and merchandise mined, produced, or manufactured 
wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or 
by persons working with the Xinjiang Uyghur Autonomous Region 
government for purposes of the ``poverty alleviation'' program or the 
``pairing-assistance'' program which subsidizes the establishment of 
manufacturing facilities in the Xinjiang Uyghur Autonomous Region, 
shall be deemed to be goods, wares, articles, and merchandise described 
in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not 
be entitled to entry at any of the ports of the United States.
    (b) Exception.--The prohibition described in subsection (a) shall 
not apply if the Commissioner of U.S. Customs and Border Protection--
            (1) determines, by clear and convincing evidence, that any 
        specific goods, wares, articles, or merchandise described in 
        subsection (a) were not produced wholly or in part by convict 
        labor, forced labor, or indentured labor under penal sanctions; 
        and
            (2) submits to the appropriate congressional committees and 
        makes available to the public a report that contains such 
        determination.
    (c) Effective Date.--This section shall take effect on the date 
that is 120 days after the date of the enactment of this Act.

SEC. 5. ENFORCEMENT STRATEGY TO ADDRESS FORCED LABOR IN THE XINJIANG 
              UYGHUR AUTONOMOUS REGION.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Forced Labor Enforcement Task Force, 
established under section 741 of the United States-Mexico-Canada 
Agreement Implementation Act (19 U.S.C. 4681), shall submit to the 
appropriate congressional committees a report that contains an 
enforcement strategy to effectively address forced labor in the 
Xinjiang Uyghur Autonomous Region of China. The enforcement strategy 
shall describe the specific enforcement plans of the United States 
Government regarding--
            (1) goods, wares, articles, and merchandise described in 
        section 4(a) that are imported into the United States directly 
        from the Xinjiang Uyghur Autonomous Region;
            (2) goods, wares, articles, and merchandise described in 
        section 4(a) that are imported into the United States from the 
        People's Republic of China and are mined, produced, or 
        manufactured in part in the Xinjiang Uyghur Autonomous Region 
        or by persons working with the Xinjiang Uyghur Autonomous 
        Region government for purposes of the ``poverty alleviation'' 
        program or the ``pairing-assistance'' program; and
            (3) goods, wares, articles, and merchandise described in 
        section 4(a) that are imported into the United States from 
        third countries and are mined, produced, or manufactured in 
        part in the Xinjiang Uyghur Autonomous Region or by persons 
        working with the Xinjiang Uyghur Autonomous Region government 
        for purposes of the ``poverty alleviation'' program or the 
        ``pairing-assistance'' program.
    (b) Matters to Be Included.--The strategy required by subsection 
(a) shall include the following:
            (1) A description of the actions taken by the United States 
        Government to address forced labor in the Xinjiang Uyghur 
        Autonomous Region under section 307 of the Tariff Act of 1930 
        (19 U.S.C. 1307), including a description of all Withhold 
        Release Orders issued, goods detained, and fines issued.
            (2) A list of products made wholly or in part by forced or 
        involuntary labor in the Xinjiang Uyghur Autonomous Region and 
        a list of businesses that sold products in the United States 
        made wholly or in part by forced or involuntary labor in the 
        Xinjiang Uyghur Autonomous Region.
            (3) A list of facilities and entities, including the 
        Xinjiang Production and Construction Corps, that source 
        material from the Xinjiang Uyghur Autonomous Region or by 
        persons working with the Xinjiang Uyghur Autonomous Region 
        government for purposes of the ``poverty alleviation'' program 
        or the ``pairing-assistance'' program, a plan for identifying 
        additional such facilities and entities, and facility- and 
        entity-specific enforcement plans, including issuing specific 
        Withhold Release Orders to support enforcement of section 4, 
        with regard to each listed facility or entity.
            (4) A list of high-priority sectors for enforcement, which 
        shall include cotton and tomatoes, and a sector-specific 
        enforcement plan for each high-priority sector.
            (5) A description of the additional resources necessary for 
        U.S. Customs and Border Protection to effectively implement the 
        enforcement strategy.
            (6) A plan to coordinate and collaborate with appropriate 
        nongovernmental organizations and private sector entities to 
        discuss the enforcement strategy for products made in the 
        Xinjiang Uyghur Autonomous Region.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex, if necessary.
    (d) Updates.--The Forced Labor Enforcement Task Force shall provide 
briefings to the appropriate congressional committees on a quarterly 
basis and, as applicable, on any updates to the strategy required by 
subsection (a) or any additional actions taken to address forced labor 
in the Xinjiang Uyghur Autonomous Region, including actions described 
in this Act.
    (e) Sunset.--This section shall cease to have effect on the earlier 
of--
            (1) the date that is 8 years after the date of the 
        enactment of this Act; or
            (2) the date on which the President submits to the 
        appropriate congressional committees a determination that the 
        Government of the People's Republic of China has ended mass 
        internment, forced labor, and any other gross violations of 
        human rights experienced by Uyghurs, Kazakhs, Kyrgyz, and 
        members of other Muslim minority groups in the Xinjiang Uyghur 
        Autonomous Region.

SEC. 6. DETERMINATION RELATING TO CRIMES AGAINST HUMANITY OR GENOCIDE 
              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 shall--
            (1) determine if the practice of forced labor or other 
        crimes against Uyghurs, Kazakhs, Kyrgyz, and members of other 
        Muslim minority groups in the Xinjiang Uyghur Autonomous Region 
        of China can be considered systematic and widespread and 
        therefore constitutes crimes against humanity or constitutes 
        genocide as defined in subsection (a) of section 1091 of title 
        18, United States Code; and
            (2) submit to the appropriate congressional committees and 
        make available to the public a report that contains such 
        determination.
    (b) Form.--The report required by subsection (a)--
            (1) shall be submitted in unclassified form but may include 
        a classified annex, if necessary; and
            (2) may be included in the report required by section 7.

SEC. 7. 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, in coordination with the 
heads of other appropriate Federal departments and agencies, shall 
submit to the appropriate congressional committees a report that 
contains a United States strategy to promote initiatives to enhance 
international awareness of and to address forced labor in the Xinjiang 
Uyghur Autonomous Region of China.
    (b) Matters To Be Included.--The strategy required by subsection 
(a) shall include--
            (1) a plan to enhance bilateral and multilateral 
        coordination, including sustained engagement with the 
        governments of United States partners and allies, to end forced 
        labor of Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim 
        minority groups in the Xinjiang Uyghur Autonomous Region;
            (2) public affairs, public diplomacy, and counter-messaging 
        efforts to promote awareness of the human rights situation, 
        including forced labor in the Xinjiang Uyghur Autonomous 
        Region; and
            (3) opportunities to coordinate and collaborate with 
        appropriate nongovernmental organizations and private sector 
        entities to raise awareness about forced labor made products 
        from the Xinjiang Uyghur Autonomous Region and to provide 
        assistance to Uyghurs, Kazakhs, Kyrgyz, and members of other 
        Muslim minority groups, including those formerly detained in 
        mass internment camps in the region.
    (c) Additional Matters To Be Included.--The report required by 
subsection (a) shall also include--
            (1) to the extent practicable, a list of--
                    (A) entities in the People's Republic of China or 
                affiliates of such entities that directly or indirectly 
                use forced or involuntary labor in the Xinjiang Uyghur 
                Autonomous Region; and
                    (B) Foreign persons that acted as agents of the 
                entities or affiliates of entities described in 
                subparagraph (A) to import goods into the United 
                States; and
            (2) a description of actions taken by the United States 
        Government to address forced labor in the Xinjiang Uyghur 
        Autonomous Region under existing authorities, including--
                    (A) the Trafficking Victims Protection Act of 2000 
                (Public Law 106-386; 22 U.S.C. 7101 et seq.);
                    (B) the Ellie Wiesel Genocide and Atrocities 
                Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 
                2656 note); and
                    (C) the Global Magnitsky Human Rights 
                Accountability Act (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.
    (e) Updates.--The Secretary of State shall include any updates to 
the strategy required by subsection (a) in the annual Trafficking in 
Persons report required by section 110(b) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7107(b)).
    (f) Sunset.--This section shall cease to have effect the earlier 
of--
            (1) the date that is 8 years after the date of the 
        enactment of this Act; or
            (2) the date on which the President submits to the 
        appropriate congressional committees a determination that the 
        Government of the People's Republic of China has ended mass 
        internment, forced labor, and any other gross violations of 
        human rights experienced by Uyghurs, Kazakhs, Kyrgyz, and 
        members of other Muslim minority groups in the Xinjiang Uyghur 
        Autonomous Region.

SEC. 8. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR IN THE 
              XINJIANG UYGHUR AUTONOMOUS REGION.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not less frequently than 
        annually thereafter, the President shall submit to the 
        appropriate congressional committees a report that identifies 
        each foreign person, including any official of the Government 
        of the People's Republic of China, that the President 
        determines--
                    (A) knowingly engages in, is responsible for, or 
                facilitates the forced labor of Uyghurs, Kazakhs, 
                Kyrgyz, and members of other Muslim minority groups in 
                the Xinjiang Uyghur Autonomous Region of China; and
                    (B) knowingly engages in, contributes to, assists, 
                or provides financial, material or technological 
                support for efforts to contravene United States law 
                regarding the importation of forced labor goods from 
                the Xinjiang Uyghur Autonomous Region.
            (2) Form.--The report required under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex.
    (b) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (c) with respect to each foreign 
person identified in the report required under subsection (a)(1).
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Asset blocking.--The President shall exercise all of 
        the powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of a foreign person 
        identified in the report required under subsection (a)(1) if 
        such property and interests in property--
                    (A) are in the United States;
                    (B) come within the United States; or
                    (C) come within the possession or control of a 
                United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a)(1) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--An alien described in 
                        subsection (a)(1) is subject to revocation of 
                        any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the alien's possession.
    (d) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--The penalties provided for in subsections 
        (b) and (c) of section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) shall apply to a foreign 
        person that violates, attempts to violate, conspires to 
        violate, or causes a violation of paragraph (1) to the same 
        extent that such penalties apply to a person that commits an 
        unlawful act described in subsection (a) of such section 206.
    (e) Waiver.--The President may waive the application of sanctions 
under this section with respect to a foreign person identified in the 
report required under subsection (a)(1) if the President determines and 
certifies to the appropriate congressional committees that such a 
waiver is in the national interest of the United States.
    (f) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under subsection 
        (c)(2) shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations; or
                    (B) to carry out or assist law enforcement activity 
                in the United States.
    (g) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a foreign 
person if the President determines and reports to the appropriate 
congressional committees not less than 15 days before the termination 
takes effect that--
            (1) information exists that the person did not engage in 
        the activity for which sanctions were imposed;
            (2) the person has been prosecuted appropriately for the 
        activity for which sanctions were imposed;
            (3) the person has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in subsection 
        (a)(1) in the future; or
            (4) the termination of the sanctions is in the national 
        security interests of the United States.
    (h) Sunset.--This section, and any sanctions imposed under this 
section, shall terminate on the date that is 5 years after the date of 
the enactment of this Act.
    (i) Definitions of Admission; Admitted; Alien.--In this section, 
the terms ``admission'', ``admitted'', and ``alien'' have the meanings 
given those terms in section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101).

SEC. 9. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION OF 
              CERTAIN ACTIVITIES RELATED TO THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) Policy Statement.--It is the policy of the United States to 
protect American investors, through stronger disclosure requirements, 
alerting them to the presence of Chinese and other companies complicit 
in gross violations of human rights in United States capital markets, 
including American and foreign companies listed on United States 
exchanges that enable the mass internment and population surveillance 
of Uyghurs, Kazakhs, Kyrgyz, and other Muslim minorities and source 
products made with forced labor in the Xinjiang Uyghur Autonomous 
Region of China. Such involvements represent clear, material risks to 
the share values and corporate reputations of certain of these 
companies and hence to prospective American investors, particularly 
given that the United States Government has employed sanctions and 
export restrictions to target individuals and entities contributing to 
human rights abuses in the People's Republic of China.
    (b) Disclosure of Certain Activities Relating to the Xinjiang 
Uyghur Autonomous Region.--
            (1) In general.--Section 13 of the Securities Exchange Act 
        of 1934 (15 U.S.C. 78m) is amended by adding at the end the 
        following new subsection:
    ``(s) Disclosure of Certain Activities Relating to the Xinjiang 
Uyghur Autonomous Region.--
            ``(1) In general.--Each issuer required to file an annual 
        or quarterly report under subsection (a) shall disclose in that 
        report the information required by paragraph (2) if, during the 
        period covered by the report, the issuer or any affiliate of 
        the issuer--
                    ``(A) knowingly engaged in an activity with an 
                entity or the affiliate of an entity engaged in 
                creating or providing technology or other assistance to 
                create mass population surveillance systems in the 
                Xinjiang Uyghur Autonomous Region of China, including 
                any entity included on the Department of Commerce's 
                `Entity List' in the Xinjiang Uyghur Autonomous Region;
                    ``(B) knowingly engaged in an activity with an 
                entity or an affiliate of an entity building and 
                running detention facilities for Uyghurs, Kazakhs, 
                Kyrgyz, and other members of Muslim minority groups in 
                the Xinjiang Uyghur Autonomous Region;
                    ``(C) knowingly engaged in an activity with an 
                entity or an affiliate of an entity described in 
                section 7(c)(1) of the Uyghur Forced Labor Prevention 
                Act, including--
                            ``(i) any entity engaged in the `pairing-
                        assistance' program which subsidizes the 
                        establishment of manufacturing facilities in 
                        the Xinjiang Uyghur Autonomous Region; or
                            ``(ii) any entity for which the Department 
                        of Homeland Security has issued a `Withhold 
                        Release Order' under section 307 of the Tariff 
                        Act of 1930 (19 U.S.C. 1307); or
                    ``(D) knowingly conducted any transaction or had 
                dealings with--
                            ``(i) any person the property and interests 
                        in property of which were sanctioned by the 
                        Secretary of State for the detention or abuse 
                        of Uyghurs, Kazakhs, Kyrgyz, or other members 
                        of Muslim minority groups in the Xinjiang 
                        Uyghur Autonomous Region;
                            ``(ii) any person the property and 
                        interests in property of which are sanctioned 
                        pursuant to the Global Magnitsky Human Rights 
                        Accountability Act (22 U.S.C. 2656 note); or
                            ``(iii) any person or entity responsible 
                        for, or complicit in, committing atrocities in 
                        the Xinjiang Uyghur Autonomous Region.
            ``(2) Information required.--
                    ``(A) In general.--If an issuer described under 
                paragraph (1) or an affiliate of the issuer has engaged 
                in any activity described in paragraph (1), the 
                information required by this paragraph is a detailed 
                description of each such activity, including--
                            ``(i) the nature and extent of the 
                        activity;
                            ``(ii) the gross revenues and net profits, 
                        if any, attributable to the activity; and
                            ``(iii) whether the issuer or the affiliate 
                        of the issuer (as the case may be) intends to 
                        continue the activity.
                    ``(B) Exception.--The requirement to disclose 
                information under this paragraph shall not include 
                information on activities of the issuer or any 
                affiliate of the issuer activities relating to--
                            ``(i) the import of manufactured goods, 
                        including electronics, food products, textiles, 
                        shoes, and teas, that originated in the 
                        Xinjiang Uyghur Autonomous Region; or
                            ``(ii) manufactured goods containing 
                        materials that originated or are sourced in the 
                        Xinjiang Uyghur Autonomous Region.
            ``(3) Notice of disclosures.--If an issuer reports under 
        paragraph (1) that the issuer or an affiliate of the issuer has 
        knowingly engaged in any activity described in that paragraph, 
        the issuer shall separately file with the Commission, 
        concurrently with the annual or quarterly report under 
        subsection (a), a notice that the disclosure of that activity 
        has been included in that annual or quarterly report that 
        identifies the issuer and contains the information required by 
        paragraph (2).
            ``(4) Public disclosure of information.--Upon receiving a 
        notice under paragraph (3) that an annual or quarterly report 
        includes a disclosure of an activity described in paragraph 
        (1), the Commission shall promptly--
                    ``(A) transmit the report to--
                            ``(i) the President;
                            ``(ii) the Committee on Foreign Affairs and 
                        the Committee on Financial Services of the 
                        House of Representatives; and
                            ``(iii) the Committee on Foreign Relations 
                        and the Committee on Banking, Housing, and 
                        Urban Affairs of the Senate; and
                    ``(B) make the information provided in the 
                disclosure and the notice available to the public by 
                posting the information on the Internet website of the 
                Commission.
            ``(5) Investigations.--Upon receiving a report under 
        paragraph (4) that includes a disclosure of an activity 
        described in paragraph (1), the President shall--
                    ``(A) make a determination with respect to whether 
                any investigation is needed into the possible 
                imposition of sanctions under the Global Magnitsky 
                Human Rights Accountability Act (22 U.S.C. 2656 note) 
                or section 8 of the Uyghur Forced Labor Prevention Act 
                or whether criminal investigations are warranted under 
                statutes intended to hold accountable individuals or 
                entities involved in the importation of goods produced 
                by forced labor, including under section 545, 1589, or 
                1761 of title 18, United States Code; and
                    ``(B) not later than 180 days after initiating any 
                such investigation, make a determination with respect 
                to whether a sanction should be imposed or criminal 
                investigations initiated with respect to the issuer or 
                the affiliate of the issuer (as the case may be).
            ``(6) Atrocities defined.--In this subsection, the term 
        `atrocities' has the meaning given the term in section 6(2) of 
        the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 
        (Public Law 115-441; 22 U.S.C. 2656 note).''.
    (c) Sunset.--Section 13(s) of the Securities Exchange Act of 1934, 
as added by subsection (b), is repealed on the earlier of--
            (1) the date that is 8 years after the date of the 
        enactment of this Act; or
            (2) the date on which the President submits to the 
        appropriate congressional committees a determination that the 
        Government of the People's Republic of China has ended mass 
        internment, forced labor, and any other gross violations of 
        human rights experienced by Uyghurs, Kazakhs, Kyrgyz, and 
        members of other Muslim minority groups in the Xinjiang Uyghur 
        Autonomous Region.
    (d) Effective Date.--The amendment made by subsection (b) shall 
take effect with respect to reports required to be filed with the 
Securities and Exchange Commission after the date that is 180 days 
after the date of the enactment of this Act.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Committee on Ways and 
                Means of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Committee on Finance of the Senate.
            (2) Atrocities.--The term ``atrocities'' has the meaning 
        given the term in section 6(2) of the Elie Wiesel Genocide and 
        Atrocities Prevention Act of 2018 (Public Law 115-441; 22 
        U.S.C. 2656 note).
            (3) Crimes against humanity.--The term ``crimes against 
        humanity'' includes, when committed as part of a widespread or 
        systematic attack directed against any civilian population, 
        with knowledge of the attack--
                    (A) murder;
                    (B) deportation or forcible transfer of population;
                    (C) torture;
                    (D) extermination;
                    (E) enslavement;
                    (F) rape, sexual slavery, or any other form of 
                sexual violence of comparable severity;
                    (G) persecution against any identifiable group or 
                collectivity on political, racial, national, ethnic, 
                cultural, religious, gender, or other grounds that are 
                universally recognized as impermissible under 
                international law; and
                    (H) enforced disappearance of persons.
            (4) Forced labor.--The term ``forced labor'' has the 
        meaning given the term in section 307 of the Tariff Act of 1930 
        (19 U.S.C. 1307).
            (5) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (6) Person.--The term ``person'' means an individual or 
        entity.
            (7) Mass population surveillance system.--The term ``mass 
        population surveillance system'' means installation and 
        integration of facial recognition cameras, biometric data 
        collection, cell phone surveillance, and artificial 
        intelligence technology with the ``Sharp Eyes'' and 
        ``Integrated Joint Operations Platform'' or other technologies 
        that are used by Chinese security forces for surveillance and 
        big-data predictive policing.
            (8) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 11. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives September 22, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.