[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9437 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9437
To amend the Securities Exchange Act of 1934 to require covered issuers
to carry out a racial equity audit every 2 years, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2022
Mr. Green of Texas introduced the following bill; which was referred to
the Committee on Financial Services
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A BILL
To amend the Securities Exchange Act of 1934 to require covered issuers
to carry out a racial equity audit every 2 years, 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 ``Securities and Exchange Atonement
Act of 2022''.
SEC. 2. RACIAL EQUITY AUDIT.
(a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) is amended by inserting after section 13A the following:
``SEC. 13B. RACIAL EQUITY AUDIT.
``(a) In General.--Not later than the end of the 6-month period
beginning on the date of enactment of this section, and every 2 years
thereafter, each covered issuer shall--
``(1) conduct an independent audit to assess--
``(A) the issuer's policies and practices on civil
rights, equity, diversity, and inclusion;
``(B) how such policies and practices affect the
issuer's business; and
``(C) whether the issuer had direct or indirect
ties to or profited from the institution of slavery;
``(2) issue a report to the Commission containing--
``(A) all findings and determinations made in
carrying out the assessments required under paragraph
(1); and
``(B) to the extent the issuer identifies ties to
or profits from the institution of slavery, a
disclosure of the steps the issuer has taken to
reconcile such ties or profits; and
``(3) make the report described under paragraph (2)
available to the public, including on a website of the issuer.
``(b) Failure To Issue Report.--
``(1) Fine.--Any covered issuer that fails to issue a
report required under subsection (a)(2), or that reports false,
misleading, or inaccurate information on such a report, shall
be fined by the Commission in an amount of $20,000 per day
until the report is issued, or until the report is corrected to
not be false, misleading, or inaccurate, as applicable.
``(2) Transfer of amounts.--The Commission shall transfer
all fines collected pursuant to paragraph (1) to the Secretary
of the Treasury and the Secretary shall, without further
appropriation, use such funds to carry out the duties of the
Office of Reparations Programs.
``(c) Covered Issuer Defined.--In this section, the term `covered
issuer' means an issuer that--
``(1) is required to file an annual report under section
13(a) or 15(d); and
``(2) has more than 100 employees.''.
(b) Office of Reparations Programs.--Chapter 3 of title 31, United
States Code, is amended--
(1) in subchapter I, by adding at the end the following:
``Sec. 317. Office of Reparations Programs
``(a) Establishment.--There is established, within the Department
of the Treasury, an Office of Reparations Programs.
``(b) Duties.--The Office of Reparations Programs shall provide
grants for startup capital and funded savings programs for Black
communities, as well other programs determined appropriate by the
Secretary in furtherance of racial equity.
``(c) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Treasury
$3,000,000,000 to carry out this section.
``(2) Administrative costs.--The Secretary may use 2
percent of amounts appropriated to carry out this section for
administrative expenses related to carrying out the duties of
the Office of Reparations Programs.''; and
(2) in the table of contents for such chapter, by inserting
after the item relating to section 316 the following:
``317. Office of Reparations Programs.''.
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