[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1155 Received in Senate (RDS)]
<DOC>
117th CONGRESS
2d Session
H. R. 1155
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 22, 2022
Received
_______________________________________________________________________
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, in addition to
arbitrarily detaining many in formal prisons and detention
centers, 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, official media
reports, publicly available documents, official statements, 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 2020 Trafficking in
Persons Report found that ``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.''.
(6) U.S. Customs and Border Protection has issued 11
``Withhold Release Orders'' on products suspected to be
produced with prison or forced labor in the Xinjiang Uyghur
Autonomous Region. Products 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 products.
(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) Reports in 2020 indicated that, in recent years,
People's Republic of China Government authorities had organized
a labor training and transfer system on a mass scale. Under
this system, hundreds of thousands of rural residents of the
Tibet Autonomous Region participated in ``military-style''
training, ideological education, and vocational training before
being transferred to job postings in the Tibetan Autonomous
Region or elsewhere in China. The similarity of the Tibet
Autonomous Region system to that in the Xinjiang Uyghur
Autonomous Region raised fears that coercive practices or
rights abuses may be taking place in the Tibet Autonomous
Region.
(9) 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.
(10) 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 or products made by Uyghurs,
Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups
through forced labor in any other part of the People's Republic 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 or made by Uyghurs,
Kazakhs, Kyrgyz, Tibetans, or members of other persecuted
groups in any other part of the People's Republic of China;
(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 or the Xinjiang Production and Construction
Corps 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
or the Xinjiang Production and Construction Corps 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 or
made by Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other
persecuted groups in any other part of the People's Republic of
China, 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 or made by
Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other
persecuted groups in any other part of the People's Republic of
China.
(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 or the Xinjiang Production and Construction Corps
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, tomatoes, polysilicon, 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 Elie 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 December 8, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.