[Congressional Record Volume 169, Number 123 (Tuesday, July 18, 2023)]
[Senate]
[Pages S3079-S3082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 903. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVIII--UYGHUR GENOCIDE ACCOUNTABILITY AND SANCTIONS ACT OF 2023
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Uyghur Genocide
Accountability and Sanctions Act of 2023''.
SEC. 1802. 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. 1803. 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. 1804. 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. 1805. 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;
[[Page S3080]]
(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. 1806. 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. 1807. 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. 1808. 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. 1809. 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. 1810. 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
[[Page S3081]]
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. 1811. 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
[[Page S3082]]
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 take 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.
______