[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1770 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1770

  To expand the imposition of sanctions under the Uyghur Human Rights 
Policy Act of 2020 with respect to human rights abuses in the Xinjiang 
   Uyghur Autonomous Region of the People's Republic of China and to 
   counter the genocidal policies of the Government of the People's 
                           Republic of China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 31 (legislative day, May 30), 2023

Mr. Rubio (for himself and Mr. Merkley) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To expand the imposition of sanctions under the Uyghur Human Rights 
Policy Act of 2020 with respect to human rights abuses in the Xinjiang 
   Uyghur Autonomous Region of the People's Republic of China and to 
   counter the genocidal policies of the Government of the People's 
                           Republic of China.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Uyghur Genocide 
Accountability and Sanctions Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expansion of sanctions under Uyghur Human Rights Policy Act of 
                            2020.
Sec. 3. Sense of Congress on application of sanctions under Uyghur 
                            Human Rights Policy Act of 2020.
Sec. 4. Denial of United States entry for individuals complicit in 
                            forced abortions or forced sterilizations.
Sec. 5. Physical and psychological support for Uyghurs, Kazakhs, and 
                            other ethnic groups.
Sec. 6. Preservation of cultural and linguistic heritage of ethnic 
                            groups oppressed by the People's Republic 
                            of China.
Sec. 7. Determination of whether actions of certain Chinese entities 
                            meet criteria for imposition of sanctions.
Sec. 8. Countering propaganda from the People's Republic of China about 
                            genocide.
Sec. 9. Documenting atrocities in the Xinjiang Uyghur Autonomous 
                            Region.
Sec. 10. Prohibition on certain United States Government agency 
                            contracts.
Sec. 11. Disclosures to Securities and Exchange Commission of certain 
                            activities related to Xinjiang Uyghur 
                            Autonomous Region.

SEC. 2. EXPANSION OF SANCTIONS UNDER UYGHUR HUMAN RIGHTS POLICY ACT OF 
              2020.

    (a) In General.--Section 6 of the Uyghur Human Rights Policy Act of 
2020 (Public Law 116-145; 22 U.S.C. 6901 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``persons in Xinjiang Uyghur 
                        Autonomous Region'' and inserting ``persons 
                        residing in the Xinjiang Uyghur Autonomous 
                        Region or members of those groups in countries 
                        outside of the People's Republic of China'';
                            (ii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) Systematic rape, coercive abortion, forced 
                sterilization, or involuntary contraceptive 
                implantation policies and practices.
                    ``(H) Human trafficking for the purpose of organ 
                removal.
                    ``(I) Forced separation of children from their 
                parents to be placed in boarding schools.
                    ``(J) Forced deportation or refoulement to the 
                People's Republic of China.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Additional matters to be included.--The President 
        shall include in the report required by paragraph (1) an 
        identification of--
                    ``(A) each foreign person that knowingly provides 
                significant goods, services, or technology to or for a 
                person identified in the report; and
                    ``(B) each foreign person that knowingly engages in 
                a significant transaction relating to any of the acts 
                described in subparagraphs (A) through (J) of paragraph 
                (1).'';
            (2) in subsection (b), by striking ``subsection (a)(1)'' 
        and inserting ``subsection (a)''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) Implementation; Regulatory Authority.--
            ``(1) Implementation.--The President may exercise all 
        authorities provided under section 203 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1702) to carry out 
        this section.
            ``(2) Regulatory authority.--The President shall issue such 
        regulations, licenses, and orders as necessary to carry out 
        this section.''.
    (b) Effective Date; Applicability.--The amendments made by this 
section--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply with respect to the first report required by 
        section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 
        submitted after such date of enactment.

SEC. 3. SENSE OF CONGRESS ON APPLICATION OF SANCTIONS UNDER UYGHUR 
              HUMAN RIGHTS POLICY ACT OF 2020.

    (a) Finding.--Congress finds that, as of the date of the enactment 
of this Act--
            (1) the report required by section 6(a)(1) of the Uyghur 
        Human Rights Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 
        6901 note) has not been submitted to Congress; and
            (2) the sanctions provided for under that Act have not been 
        employed.
    (b) Sense of Congress.--It is the sense of Congress that the 
President should employ the sanctions provided for under the Uyghur 
Human Rights Policy Act of 2020--
            (1) to address ongoing atrocities, in particular the use of 
        forced labor, in the Xinjiang Uyghur Autonomous Region of the 
        People's Republic of China; and
            (2) to hold officials of the People's Republic of China 
        accountable for those ongoing atrocities.

SEC. 4. DENIAL OF UNITED STATES ENTRY FOR INDIVIDUALS COMPLICIT IN 
              FORCED ABORTIONS OR FORCED STERILIZATIONS.

    Section 801 of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (Public Law 
106-113; 8 U.S.C. 1182e) is amended--
            (1) in subsection (a), by striking ``may not'' each place 
        it appears and inserting ``shall not'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Waiver.--The Secretary of State may waive the prohibitions in 
subsection (a) with respect to a foreign national if the Secretary--
            ``(1) determines that--
                    ``(A) the foreign national is not directly 
                complicit in atrocities, specifically the oversight of 
                programs or policies the intent of which is to destroy, 
                in whole or in part, a national, ethnic, racial, or 
                religious group through the use of forced 
                sterilization, forced abortion, or other egregious 
                population control policies;
                    ``(B) admitting or paroling the foreign national 
                into the United States is necessary--
                            ``(i) to permit the United States to comply 
                        with the Agreement regarding the Headquarters 
                        of the United Nations, signed at Lake Success 
                        on June 26, 1947, and entered into force 
                        November 21, 1947, between the United Nations 
                        and the United States, or other applicable 
                        international obligations of the United States; 
                        or
                            ``(ii) to carry out or assist law 
                        enforcement activity of the United States; and
                    ``(C) it is important to the national security 
                interest of the United States to admit or parole the 
                foreign national into the United States; and
            ``(2) provides written notification to the appropriate 
        congressional committees containing a justification for the 
        waiver.
    ``(d) Notice.--The Secretary of State shall make a public 
announcement whenever the prohibitions under subsection (a) are imposed 
under this section.
    ``(e) Information Requested by Congress.--The Secretary of State, 
upon the request of a Member of Congress, shall provide--
            ``(1) information about the use of the prohibitions under 
        subsection (a), including the number of times such prohibitions 
        were imposed, disaggregated by country and by year; or
            ``(2) a classified briefing that includes information about 
        the individuals subject to such prohibitions or subject to 
        sanctions under any other Act authorizing the imposition of 
        sanctions with respect to the conduct of such individuals.''.

SEC. 5. PHYSICAL AND PSYCHOLOGICAL SUPPORT FOR UYGHURS, KAZAKHS, AND 
              OTHER ETHNIC GROUPS.

    (a) Authorization.--
            (1) In general.--Using funds appropriated to the Department 
        of State in annual appropriations bills under the heading 
        ``development assistance'', the Secretary of State, in 
        conjunction and in consultation with the Administrator of the 
        United States Agency for International Development, is 
        authorized, subject to the requirements under chapters 1 and 10 
        of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
        et seq.) and section 634A of such Act (22 U.S.C. 2394-1)--
                    (A) to provide the assistance described in 
                paragraph (2) to individuals who--
                            (i) belong to the Uyghur, Kazakh, Kyrgyz, 
                        or another oppressed ethnic group in the 
                        People's Republic of China;
                            (ii) experienced torture, forced 
                        sterilization, rape, forced abortion, forced 
                        labor, or other atrocities in the People's 
                        Republic of China; and
                            (iii) are residing outside of the People's 
                        Republic of China; and
                    (B) to build local capacity for the care described 
                in subparagraph (A) through--
                            (i) grants to treatment centers and 
                        programs in foreign countries in accordance 
                        with section 130(b) of the Foreign Assistance 
                        Act of 1961 (22 U.S.C. 2152(b)); and
                            (ii) research and training to health care 
                        providers outside of such treatment centers or 
                        programs in accordance with section 130(c)(2) 
                        of such Act.
            (2) Authorized assistance.--The assistance described in 
        this paragraph is--
                    (A) medical care;
                    (B) physical therapy; and
                    (C) psychological support.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of State shall submit a report to the 
Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives that describes--
            (1) the direct care or services provided in foreign 
        countries for individuals described in subsection (a)(1)(A); 
        and
            (2) any projects started or supported in foreign countries 
        to provide the care or services described in paragraph (1).
    (c) Federal Share.--Not more than 50 percent of the costs of 
providing the assistance authorized under subsection (a) may be paid by 
the United States Government.

SEC. 6. PRESERVATION OF CULTURAL AND LINGUISTIC HERITAGE OF ETHNIC 
              GROUPS OPPRESSED BY THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Finding.--Congress finds that the genocide perpetrated by 
officials of the Government of the People's Republic of China in the 
Xinjiang Uyghur Autonomous Region aims to erase the distinct cultural 
and linguistic heritage of oppressed ethnic groups.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Government should use its diplomatic, development, and cultural 
activities to promote the preservation of cultural and linguistic 
heritages of ethnic groups in the People's Republic of China threatened 
by the Chinese Communist Party.
    (c) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall submit to the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives a report that assesses the feasibility of establishing 
a grant program to assist communities facing threats to their cultural 
and linguistic heritage from officials of the Government of the 
People's Republic of China.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $2,000,000 for each of fiscal years 2024 through 2027, to 
support the establishment of a Repressed Cultures Preservation 
Initiative within the Smithsonian Institution to pool Institution-wide 
efforts toward research, exhibitions, and education related to the 
cultural and linguistic heritage of ethnic and religious groups the 
cultures of which are threatened by repressive regimes, including the 
Chinese Communist Party.

SEC. 7. DETERMINATION OF WHETHER ACTIONS OF CERTAIN CHINESE ENTITIES 
              MEET CRITERIA FOR IMPOSITION OF SANCTIONS.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of the Treasury, in consultation 
with the Secretary of State and the Attorney General, shall--
            (1) determine whether any entity specified in subsection 
        (b)--
                    (A) is responsible for or complicit in, or has 
                directly or indirectly engaged in, serious human rights 
                abuses against Uyghurs or other predominantly Muslim 
                ethnic groups in the Xinjiang Uyghur Autonomous Region 
                of the People's Republic of China; or
                    (B) meets the criteria for the imposition of 
                sanctions under--
                            (i) the Global Magnitsky Human Rights 
                        Accountability Act (22 U.S.C. 10101 et seq.);
                            (ii) section 6 of the Uyghur Human Rights 
                        Policy Act of 2020 (Public Law 116-145; 22 
                        U.S.C. 6901 note);
                            (iii) section 105, 105A, 105B, or 105C of 
                        the Comprehensive Iran Sanctions, 
                        Accountability, and Divestment Act of 2010 (22 
                        U.S.C. 8514, 8514a, 8514b, and 8514c);
                            (iv) Executive Order 13818 (50 U.S.C. 1701 
                        note; relating to blocking the property of 
                        persons involved in serious human rights abuse 
                        or corruption), as amended on or after the date 
                        of the enactment of this Act; or
                            (v) Executive Order 13553 (50 U.S.C. 1701 
                        note; relating to blocking property of certain 
                        persons with respect to serious human rights 
                        abuses by the Government of Iran and taking 
                        certain other actions), as amended on or after 
                        the date of the enactment of this Act;
            (2) if the Secretary of the Treasury determines under 
        paragraph (1) that an entity is responsible for or complicit 
        in, or has directly or indirectly engaged in, serious human 
        rights abuses described in subparagraph (A) of that paragraph 
        or meets the criteria for the imposition of sanctions described 
        in subparagraph (B) of that paragraph, include the entity on 
        the list of specially designated nationals and blocked persons 
        maintained by the Office of Foreign Assets Control; and
            (3) submit to Congress a report on that determination that 
        includes the reasons for the determination.
    (b) Entities Specified.--An entity specified in this subsection is 
any of the following:
            (1) Hangzhou Hikvision Digital Technology Co., Ltd.
            (2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group).
            (3) Tiandy Technologies Co., Ltd.
            (4) Zhejiang Dahua Technology Co., Ltd.
            (5) China Electronics Technology Group Co.
            (6) Zhejiang Uniview Technologies Co., Ltd.
            (7) ByteDance Ltd.
    (c) Form of Report.--The report required by subsection (a)(3) shall 
be submitted in unclassified form, but may include a classified annex.

SEC. 8. COUNTERING PROPAGANDA FROM THE PEOPLE'S REPUBLIC OF CHINA ABOUT 
              GENOCIDE.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State, in conjunction with the 
United States Agency for Global Media, shall submit a strategy to the 
Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives for countering 
propaganda and other messaging from news and information sources 
associated with the Government of the People's Republic of China or 
entities associated with the Chinese Communist Party or influenced by 
the Chinese Communist Party or the Government of the People's Republic 
of China that--
            (1) deny the genocide, crimes against humanity, and other 
        egregious human rights abuses experienced by Uyghurs and other 
        predominantly Muslim ethnic groups in the Xinjiang Uyghur 
        Autonomous Region;
            (2) spread propaganda regarding the role of the United 
        States Government in imposing economic and reputational costs 
        on the Chinese Communist Party or the Government of the 
        People's Republic of China for its ongoing genocide;
            (3) target Uyghurs and other people who publicly oppose the 
        Government of the People's Republic of China's genocidal 
        policies and forced labor practices, including the detention 
        and intimidation of their family members; or
            (4) increase pressure on member countries of the United 
        Nations to deny or defend genocide or other egregious 
        violations of internationally recognized human rights in the 
        People's Republic of China within international organizations 
        and multilateral fora, including at the United Nations Human 
        Rights Council.
    (b) Strategy Elements.--The strategy required under subsection (a) 
shall include--
            (1) existing messaging strategies and specific broadcasting 
        efforts to counter the propaganda described in paragraphs (1) 
        and (2) of subsection (a) and the reach of such strategies and 
        efforts to audiences targeted by such propaganda;
            (2) specific metrics used for determining the success or 
        failure of the messaging strategies and broadcasting efforts 
        described in paragraph (1) and an analysis of the impact of 
        such strategies and efforts;
            (3) a description of any new or pilot messaging strategies 
        and broadcasting efforts expected to be implemented during the 
        12-month period beginning on the date of the enactment of this 
        Act and an explanation of the need for such strategies and 
        efforts;
            (4) measurable goals to be completed during the 12-month 
        period beginning on the date of the enactment of this Act and 
        tangible outcomes for expanding broadcasting efforts and 
        countering propaganda; and
            (5) estimates of additional funding needed to counter the 
        propaganda described in paragraphs (1) and (2) of subsection 
        (a).
    (c) Funding.--The Secretary of State is authorized to use amounts 
made available for the Countering PRC Influence Fund under section 
7043(c)(2) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2022 (division K of Public Law 117-103) to 
develop and carry out the strategy required under subsection (a).

SEC. 9. DOCUMENTING ATROCITIES IN THE XINJIANG UYGHUR AUTONOMOUS 
              REGION.

    The Secretary of State and the Administrator of the United States 
Agency for International Development may provide assistance, including 
financial and technical assistance, as necessary and appropriate, to 
support the efforts of entities, including nongovernmental 
organizations with expertise in international criminal investigations 
and law, to address genocide, crimes against humanity, and their 
constituent crimes by the Government of the People's Republic of China 
by--
            (1) collecting, documenting, and archiving evidence, 
        including the testimonies of victims and visuals from social 
        media, and preserving the chain of custody for such evidence;
            (2) identifying suspected perpetrators of genocide and 
        crimes against humanity;
            (3) conducting criminal investigations of atrocity crimes, 
        including by developing indigenous investigative and judicial 
        skills through partnerships, direct mentoring, and providing 
        the necessary equipment and infrastructure to effectively 
        adjudicate cases for use in prosecutions in domestic courts, 
        hybrid courts, and internationalized domestic courts;
            (4) supporting investigations conducted by foreign 
        countries, civil society groups, and multilateral 
        organizations, such as the United Nations; and
            (5) supporting and protecting witnesses participating in 
        such investigations.

SEC. 10. PROHIBITION ON CERTAIN UNITED STATES GOVERNMENT AGENCY 
              CONTRACTS.

    (a) Prohibition.--The head of an executive agency may not enter 
into a contract for the procurement of goods or services with or for 
any of the following:
            (1) Any person identified in the report required by section 
        6(a)(1) of the Uyghur Human Rights Policy Act of 2020 (Public 
        Law 116-145; 22 U.S.C. 6901 note).
            (2) Any person that mined, produced, or manufactured goods, 
        wares, articles, and merchandise detained and denied entry into 
        the United States by U.S. Customs and Border Protection 
        pursuant to section 3 of the Act entitled ``An Act to ensure 
        that goods made with forced labor in the Xinjiang Autonomous 
        Region of the People's Republic of China do not enter the 
        United States market, and for other purposes'', approved 
        December 23, 2021 (Public Law 117-78; 22 U.S.C. 6901 note) 
        (commonly referred to as the ``Uyghur Forced Labor Prevention 
        Act'').
            (3) Any person that the head of the executive agency 
        determines, with the concurrence of the Secretary of State, 
        facilitates the genocide and human rights abuses occurring in 
        the Xinjiang Uyghur Autonomous Region of the People's Republic 
        of China.
            (4) Any person, program, project, or activity that--
                    (A) contributes to forced labor, particularly 
                through the procurement of any goods, wares, articles, 
                and merchandise mined, produced, or manufactured 
                wholly, or in part, in the Xinjiang Uyghur Autonomous 
                Region or by the forced labor of ethnic Uyghurs or 
                other persecuted individuals or groups in the People's 
                Republic of China; or
                    (B) violates internationally recognized labor 
                rights of individuals or groups in the People's 
                Republic of China.
    (b) Consultations.--The head of each executive agency shall consult 
with the Forced Labor Enforcement Task Force, established under section 
741 of the United States-Mexico-Canada Agreement Implementation Act (19 
U.S.C. 4681), with respect to the implementation of subsection (a)(2).
    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit a report on the 
implementation of this section to--
            (1) the Committee on Finance, the Committee on Foreign 
        Relations, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate; and
            (2) the Committee on Ways and Means, the Committee on 
        Foreign Affairs, and the Committee on Oversight and 
        Accountability of the House of Representatives.
    (d) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given the term in section 133 of 
title 41, United States Code.

SEC. 11. DISCLOSURES TO SECURITIES AND EXCHANGE COMMISSION OF CERTAIN 
              ACTIVITIES RELATED TO XINJIANG UYGHUR AUTONOMOUS REGION.

    (a) Amendment of Requirements for Applications To Register on 
National Securities Exchanges.--Section 12 of the Securities Exchange 
Act of 1934 (15 U.S.C. 78l) is amended by adding at the end the 
following:
    ``(m) Reporting of Certain Activities Relating to the Xinjiang 
Uyghur Autonomous Region.--
            ``(1) Definition.--In this subsection, the term `covered 
        entity' means any entity that is--
                    ``(A) engaged in providing technology or other 
                assistance to create mass-population surveillance 
                systems in the Xinjiang Uyghur Autonomous Region of the 
                People's Republic of China;
                    ``(B) an entity operating in the People's Republic 
                of China that is on the Entity List maintained by the 
                Bureau of Industry and Security of the Department of 
                Commerce and set forth in Supplement No. 4 to part 744 
                of title 15, Code of Federal Regulations;
                    ``(C) an individual residing in the People's 
                Republic of China or an entity operating in the 
                People's Republic of China that is on the list of 
                specially designated nationals and blocked persons 
                maintained by the Office of Foreign Assets Control of 
                the Department of the Treasury;
                    ``(D) constructing or operating detention 
                facilities for Uyghurs in the Xinjiang Uyghur 
                Autonomous Region;
                    ``(E) a foreign person identified in the report 
                submitted under section 5(c) of the Act entitled `An 
                Act to ensure that goods made with forced labor in the 
                Xinjiang Autonomous Region of the People's Republic of 
                China do not enter the United States market, and for 
                other purposes', approved December 23, 2021 (Public Law 
                117-78; 22 U.S.C. 6901 note) (commonly referred to, and 
                referred to in this subsection, as the `Uyghur Forced 
                Labor Prevention Act');
                    ``(F) engaged in the `pairing assistance' program 
                that subsidizes the establishment of manufacturing 
                facilities in the Xinjiang Uyghur Autonomous Region;
                    ``(G) the Xinjiang Production and Construction 
                Corps;
                    ``(H) operating in the People's Republic of China 
                and producing goods subject to a withhold release order 
                issued by U.S. Customs and Border Protection pursuant 
                to section 307 of the Tariff Act of 1930 (19 U.S.C. 
                1307);
                    ``(I) on a list required by clause (i), (ii), (iv), 
                or (v) of section 2(d)(2)(B) of the Uyghur Forced Labor 
                Prevention Act;
                    ``(J) any person the property and interests in 
                property of which have been blocked, pursuant to the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) or any other provision of law, for 
                actions relating to the detention or abuse of Uyghurs 
                and other predominantly Muslim ethnic groups in the 
                Xinjiang Uyghur Autonomous Region;
                    ``(K) an individual residing in the People's 
                Republic of China, or an entity operating in the 
                People's Republic of China, the property and interests 
                in property of which have been blocked pursuant to 
                section 1263 of the Global Magnitsky Human Rights 
                Accountability Act (22 U.S.C. 10102);
                    ``(L) any person responsible for, or complicit in, 
                the commission of atrocities in the Xinjiang Uyghur 
                Autonomous Region; or
                    ``(M) an affiliate of an entity described in any of 
                subparagraphs (A) through (L).
            ``(2) Issuance of rules.--Not later than 180 days after the 
        date of enactment of this subsection, the Commission shall 
        issue rules--
                    ``(A) to require an issuer filing an application to 
                register a security with a national securities 
                exchange--
                            ``(i) to include in the application the 
                        documentation described in paragraph (3); and
                            ``(ii) to file the application and 
                        documentation with the Commission;
                    ``(B) to require an issuer to file a report with 
                the Commission containing the documentation described 
                in paragraph (3) if the securities of the issuer are 
                not listed on a national securities exchange and merges 
                with another issuer, the securities of which are listed 
                on such an exchange; and
                    ``(C) to require an issuer filing a registration 
                statement under subsection (g) to include with that 
                statement the documentation described in paragraph (3).
            ``(3) Documentation required.--
                    ``(A) Significant transactions.--With respect to an 
                issuer, the documentation described in this paragraph 
                is documentation showing that neither the issuer nor 
                any affiliate of the issuer, directly or indirectly, 
                has engaged in a significant transaction with a covered 
                entity.
                    ``(B) Transparent documentation of supply chain 
                links.--In issuing rules under paragraph (2), in 
                addition to the documentation required under 
                subparagraph (A), the Commission shall also require an 
                issuer to which those rules apply to document the name 
                (in English and in the most commonly spoken language of 
                the country in which the issuer is incorporated, if 
                other than English) and address of, and sourcing 
                quantities from, each smelter, refinery, farm, or 
                manufacturing facility (as appropriate)--
                            ``(i) with which the issuer has a business 
                        relationship; and
                            ``(ii) that is owned or operated by--
                                    ``(I) a person located in the 
                                Xinjiang Uyghur Autonomous Region; or
                                    ``(II) a person working with the 
                                Government of the Xinjiang Uyghur 
                                Autonomous Region to recruit, 
                                transport, transfer, harbor, or receive 
                                labor of Uyghurs, Kazakhs, Kyrgyz, or 
                                members of other persecuted groups out 
                                of the Xinjiang Uyghur Autonomous 
                                Region.
            ``(4) Independent verification of documentation.--In 
        issuing rules under paragraph (1), the Commission shall--
                    ``(A) require an issuer to obtain independent 
                verification of the documentation described in 
                paragraph (3) by a third-party auditor approved by the 
                Commission, before the filing of an application, 
                report, or registration statement containing the 
                documentation; and
                    ``(B) require that the identity of the third-party 
                auditor described in subparagraph (A) remain 
                confidential.
            ``(5) Public availability of documentation.--The Commission 
        shall make all documentation received under this subsection 
        available to the public.
            ``(6) Penalty.--With respect to an application or report 
        described in paragraph (2), if an issuer fails to comply with 
        the requirements of this subsection (including any 
        misrepresentation of the information described in paragraph 
        (3))--
                    ``(A) in the case of an application described in 
                paragraph (2)(A)--
                            ``(i) the applicable national securities 
                        exchange may not approve the application; and
                            ``(ii) the issuer may not refile the 
                        application for 1 year; and
                    ``(B) in the case of a report described in 
                paragraph (1)(B) or a registration statement described 
                in paragraph (1)(C)--
                            ``(i) the President shall--
                                    ``(I) make a determination with 
                                respect to whether--
                                            ``(aa) the Secretary of the 
                                        Treasury should initiate an 
                                        investigation with respect to 
                                        the imposition of sanctions 
                                        under the Global Magnitsky 
                                        Human Rights Accountability Act 
                                        (22 U.S.C. 10101 et seq.); or
                                            ``(bb) the Attorney General 
                                        should initiate an 
                                        investigation under any 
                                        provision of law intended to 
                                        hold accountable individuals or 
                                        entities involved in the 
                                        importation of goods produced 
                                        using forced labor, including 
                                        section 545, 1589, or 1761 of 
                                        title 18, United States Code; 
                                        and
                                    ``(II) not later than 180 days 
                                after initiating an investigation 
                                described in subclause (I), make a 
                                determination with respect to whether--
                                            ``(aa) to impose sanctions 
                                        under the Global Magnitsky 
                                        Human Rights Accountability Act 
                                        with respect to the issuer or 
                                        affiliate of the issuer (as the 
                                        case may be); or
                                            ``(bb) to refer the case to 
                                        the Department of Justice or 
                                        another relevant Federal agency 
                                        for further investigation.
            ``(7) Reports.--
                    ``(A) Annual report to congress.--The Commission 
                shall--
                            ``(i) conduct an annual assessment of the 
                        compliance of issuers with the requirements of 
                        this subsection; and
                            ``(ii) submit to Congress a report 
                        containing the results of each assessment 
                        conducted under clause (i).
                    ``(B) Government accountability office report.--The 
                Comptroller General of the United States shall 
                periodically evaluate and report to Congress on the 
                effectiveness of the oversight by the Commission of the 
                requirements of this subsection.
            ``(8) Sunset.--The provisions of this subsection shall 
        terminate on the date that is 30 days after the date on which 
        the President submits the determination described in section 
        6(2) of the Uyghur Forced Labor Prevention Act.''.
    (b) Amendments of Periodical Reporting Requirements for Issuers on 
National Securities Exchanges.--Section 13 of the Securities Exchange 
Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the 
following:
    ``(t) Disclosure of Certain Activities Relating to Xinjiang Uyghur 
Autonomous Region of the People's Republic of China.--
            ``(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 engaged, directly or indirectly, in an activity 
        (including through a business relationship, ownership interest, 
        or other financial or personal interest) with a covered entity, 
        as defined in section 12(m).
            ``(2) Information required.--If an issuer or an affiliate 
        of an issuer has engaged, directly or indirectly, in any 
        activity described in paragraph (1), the issuer shall disclose 
        a detailed description of each such activity, including--
                    ``(A) the nature and extent of the activity;
                    ``(B) the gross revenues and net profits, if any, 
                attributable to the activity; and
                    ``(C) whether the issuer or the affiliate of the 
                issuer (as the case may be) intends to continue the 
                activity.
            ``(3) Notice of disclosures.--If an issuer reports under 
        paragraph (1) that the issuer or an affiliate of the issuer has 
        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 under 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 Relations 
                        and the Committee on Banking, Housing, and 
                        Urban Affairs of the Senate; and
                            ``(iii) the Committee on Foreign Affairs 
                        and the Committee on Financial Services of the 
                        House of Representatives; 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) by an issuer or an affiliate of the 
        issuer, the President shall--
                    ``(A) make a determination with respect to 
                whether--
                            ``(i) the Secretary of the Treasury should 
                        initiate an investigation with respect to the 
                        imposition of sanctions under the Global 
                        Magnitsky Human Rights Accountability Act (22 
                        U.S.C. 10101 et seq.); or
                            ``(ii) the Attorney General should initiate 
                        an investigation under any provision of law 
                        intended to hold accountable individuals or 
                        entities involved in the importation of goods 
                        produced using forced labor, including section 
                        545, 1589, or 1761 of title 18, United States 
                        Code; and
                    ``(B) not later than 180 days after initiating such 
                an investigation, make a determination with respect to 
                whether--
                            ``(i) to impose sanctions under the Global 
                        Magnitsky Human Rights Accountability Act with 
                        respect to the issuer or affiliate of the 
                        issuer (as the case may be); or
                            ``(ii) to refer the case to the Department 
                        of Justice or another relevant Federal agency 
                        for further investigation.
            ``(6) Sunset.--The provisions of this subsection shall 
        terminate on the date that is 30 days after the date on which 
        the President submits the determination described in section 
        6(2) of the Act entitled `An Act to ensure that goods made with 
        forced labor in the Xinjiang Autonomous Region of the People's 
        Republic of China do not enter the United States market, and 
        for other purposes', approved December 23, 2021 (Public Law 
        117-78; 22 U.S.C. 6901 note).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to any application, registration statement, or 
report required to be filed with the Securities and Exchange Commission 
after the date that is 180 days after the date of enactment of this 
Act.
                                 <all>