118 S1770 IS: Uyghur Genocide Accountability and Sanctions Act of 2023 U.S. Senate 2023-05-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 118th CONGRESS1st Session S. 1770 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.

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.

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.

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.

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..

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.

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.

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.

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).

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.

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.

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.