[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3471 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3471

  To ensure that goods made with forced labor in the Xinjiang Uyghur 
 Autonomous Region of the People's Republic of China do not enter the 
             United States market, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2020

 Mr. Rubio (for himself, Mr. Merkley, Mrs. Blackburn, Mr. Van Hollen, 
 Mr. Romney, Mr. Young, Mr. Daines, Mr. Cotton, Mr. Cruz, Mr. Durbin, 
and Ms. Warren) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To ensure that goods made with forced labor in the Xinjiang Uyghur 
 Autonomous Region of the People's Republic of China do not enter the 
             United States market, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uyghur Forced Labor Prevention 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In the Xinjiang Uyghur Autonomous Region, the 
        Government of the People's Republic of China has established a 
        system of extrajudicial mass internment camps arbitrarily 
        detaining as many as 1,800,000 Uyghurs, Kazakhs, Kyrgyz, and 
        members of other Muslim minority groups who have been subjected 
        to forced labor, torture, political indoctrination, and severe 
        human rights abuses.
            (2) Forced labor exists within the Xinjiang Uyghur 
        Autonomous Region's system of mass internment camps, and 
        throughout the region, and is confirmed by the testimony of 
        former camp detainees, satellite imagery, and official leaked 
        documents from the Government of the People's Republic of China 
        as part of a targeted campaign of repression of Muslim ethnic 
        minorities.
            (3) There is a very high risk that many factories and other 
        suppliers in the Xinjiang Uyghur Autonomous Region are 
        exploiting forced labor, according to reports from researchers, 
        media, and civil society groups. Audits to vet products and 
        supply chains in the Xinjiang Uyghur Autonomous Region are not 
        possible because of the extent to which forced labor has 
        contaminated the regional economy, the mixing of involuntary 
        labor with voluntary labor, the inability of witnesses to speak 
        freely about working conditions given heavy government 
        surveillance and coercion, and the strong incentive of 
        government officials to conceal government-sponsored forced 
        labor.
            (4) In its June 2019 Trafficking in Persons Report, the 
        Department of State found, ``Authorities offer subsidies 
        incentivizing Chinese companies to open factories in close 
        proximity to the internment camps, and local governments 
        receive additional funds for each inmate forced to work in 
        these sites at a fraction of minimum wage or without any 
        compensation.''.
            (5) In September 2019, U.S. Customs and Border Protection 
        issued a ``withhold release order'' with respect to garments 
        produced by Hetian Taida Apparel Co., Ltd., because of 
        ``suspected prison or forced labor'' from its factories in the 
        Xinjiang Uyghur Autonomous Region.
            (6) In its 2019 Annual Report, the Congressional-Executive 
        Commission on China found that products reportedly produced 
        with forced labor by current and former mass internment camp 
        detainees included textiles, electronics, food products, shoes, 
        tea, and handicrafts.
            (7) According to public reports, companies that are or have 
        been suspected of directly employing forced labor or sourcing 
        from suppliers that are suspected of using forced labor include 
        Adidas, Badger Sportswear, Calvin Klein, the Campbell Soup 
        Company, the Coca-Cola Company, COFCO Tunhe Company, Costco, 
        Esquel Group, Esprit, H&M, Hetian Taida, the Huafu Fashion 
        Company, the Kraft Heinz Company, Litai Textiles, Nike, Inc., 
        Patagonia, Inc., Tommy Hilfiger, the Urumqi Shengshi Huaer 
        Culture Technology Company, the Yili Zhuo Wan Garment 
        Manufacturing Company, and the Zhihui Haipai Internet of Things 
        Technology Company.
            (8) Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) 
        prohibits the importation into the United States of ``goods, 
        wares, articles, and merchandise mined, produced, or 
        manufactured wholly or in part'' by forced labor. Such 
        merchandise is subject to exclusion or seizure and may lead to 
        criminal investigation of the importer.
            (9) The policies of the Government of the People's Republic 
        of China are in contravention of international human rights 
        standards, including--
                    (A) the Universal Declaration of Human Rights and 
                the International Covenant on Civil and Political 
                Rights, which the People's Republic of China has signed 
                but not yet ratified;
                    (B) the International Covenant on Economic, Social, 
                and Cultural Rights, ratified by the People's Republic 
                of China in 2001; and
                    (C) the United Nations Protocol to Prevent, 
                Suppress, and Punish Trafficking in Persons, Especially 
                Women and Children (commonly referred to as the 
                ``Palermo Protocol''), to which the People's Republic 
                of China is a state party.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to prohibit the importation of all goods produced, in 
        whole or in part, by forced labor from the People's Republic of 
        China and particularly any such goods produced in the Xinjiang 
        Uyghur Autonomous Region in the People's Republic of China;
            (2) to encourage the international community to reduce the 
        importation of any goods produced by forced labor from the 
        People's Republic of China, particularly those goods produced 
        in the Xinjiang Uyghur Autonomous Region;
            (3) to actively work to prevent, publicly denounce, and end 
        human trafficking as a horrific assault on human dignity and to 
        restore the lives of those affected by human trafficking, a 
        modern form of slavery;
            (4) to regard the prevention of atrocities as in the 
        national interest of the United States, including efforts to 
        prevent--
                    (A) torture;
                    (B) enforced disappearances;
                    (C) severe deprivation of liberty, including mass 
                internment, arbitrary detention, and widespread and 
                systematic use of forced labor; and
                    (D) persecution targeting any identifiable ethnic 
                or religious group; and
            (5) to address gross violations of human rights in Xinjiang 
        Uyghur Autonomous Region--
                    (A) through bilateral diplomatic channels and 
                multilateral institutions in which both the United 
                States and the People's Republic of China are members; 
                and
                    (B) by using all the authorities available to the 
                United States Government, including visa and financial 
                sanctions, export restrictions, and import controls.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Financial Services of the House of 
                Representatives.
            (2) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (3) Forced labor.--The term ``forced labor'' has the 
        meaning given that term in section 307 of the Tariff Act of 
        1930 (19 U.S.C. 1307).
            (4) Foreign person.--The term ``foreign person'' means any 
        person that is not a United States person--
                    (A) an individual who is not a United States 
                citizen or an alien lawfully admitted for permanent 
                residence to the United States; or
                    (B) an entity that is not a United States person.
            (5) Person.--The term ``person'' means an individual or 
        entity.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

SEC. 5. REBUTTABLE PRESUMPTION THAT IMPORT PROHIBITION APPLIES TO GOODS 
              PRODUCED IN THE XINJIANG UYGHUR AUTONOMOUS REGION.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, and except as provided in subsection (c)--
            (1) the importation of goods described in subsection (b) 
        shall be deemed to be prohibited under section 307 of the 
        Tariff Act of 1930 (19 U.S.C. 1307); and
            (2) such goods shall not be entitled to entry at any of the 
        ports of the United States.
    (b) Goods Described.--Goods described in this subsection are any 
significant goods, wares, articles, and merchandise mined, produced, or 
manufactured wholly or in part--
            (1) in the Xinjiang Uyghur Autonomous Region of the 
        People's Republic of China; or
            (2) by entities working with the government of the Xinjiang 
        Uyghur Autonomous Region under ``poverty alleviation'' or 
        ``mutual pairing assistance'' programs.
    (c) Exception.--Subsection (a) shall not apply with respect to a 
good if the Commissioner of U.S. Customs and Border Protection--
            (1) finds, by clear and convincing evidence, that the good 
        was not produced wholly or in part with convict labor, forced 
        labor, or indentured labor under penal sanctions; and
            (2) submits to the appropriate congressional committees, 
        and makes available to the public, a report on that finding.

SEC. 6. DETERMINATION OF WHETHER FORCED LABOR IN THE XINJIANG UYGHUR 
              AUTONOMOUS REGION CONSTITUTES AN ATROCITY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report that sets for the 
determination of the Secretary with respect to whether the forced labor 
experienced by Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim 
minority groups in the Xinjiang Uyghur Autonomous Region of the 
People's Republic of China is systematic and widespread and therefore 
constitutes an atrocity within the meaning of section 6 of the Elie 
Wiesel Genocide and Atrocities Prevention Act of 2018 (Public Law 115-
441; 22 U.S.C. 2656 note).
    (b) Form.--The report required by subsection (a)--
            (1) shall be submitted in unclassified form, but may 
        include a classified annex, if necessary; and
            (2) may be submitted with the report required by section 7.

SEC. 7. STRATEGY TO ADDRESS FORCED LABOR IN THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
heads of other appropriate Federal agencies, shall submit to the 
appropriate congressional committees a report that details the strategy 
of the United States to promote initiatives to enhance international 
awareness of and to address the forced labor in the Xinjiang Uyghur 
Autonomous Region of the People's Republic of China.
    (b) Elements of Strategy.--The strategy required by subsection (a) 
shall include--
            (1) a plan to enhance bilateral and multilateral outreach, 
        including sustained engagement with the governments of partners 
        and allies of the United States, to end the forced labor of 
        Uyghurs, Kazakhs, Kyrgyz, and members of other Muslim minority 
        groups in the Xinjiang Uyghur Autonomous Region;
            (2) public affairs and public diplomacy campaigns, 
        including options to work with news organizations and media 
        outlets to publish opinion pieces and secure public speaking 
        opportunities for United States Government officials on issues 
        related to the human rights situation, including forced labor, 
        in the Xinjiang Uyghur Autonomous Region;
            (3) opportunities to coordinate and collaborate with 
        appropriate nongovernmental organizations and private sector 
        entities to raise awareness about products made using forced 
        labor in the Xinjiang Uyghur Autonomous Region; and
            (4) opportunities to provide assistance to Uyghurs, 
        Kazakhs, Kyrgyz, and members of other Muslim minority groups, 
        including those formerly detained in mass internment camps in 
        the Xinjiang Uyghur Autonomous Region.
    (c) Contents of Report.--The report required by subsection (a) 
shall include--
            (1) a list of Chinese entities that--
                    (A) directly or indirectly use forced labor in the 
                Xinjiang Uyghur Autonomous Region; or
                    (B) act as agents of such entities to import goods 
                into the United States;
            (2) a list of products made wholly or in part by forced 
        labor in the Xinjiang Uyghur Autonomous Region;
            (3) businesses that sold products in the United States made 
        wholly or in part with forced labor in the Xinjiang Uyghur 
        Autonomous Region; and
            (4) actions taken by the executive branch to address forced 
        labor in the Xinjiang Uyghur Autonomous Region under existing 
        authorities, including under--
                    (A) the Trafficking Victims Protection Act of 2000 
                (22 U.S.C. 7101 et seq.);
                    (B) section 307 of the Tariff Act of 1930 (19 
                U.S.C. 1307);
                    (C) the Elie Wiesel Genocide and Atrocities 
                Prevention Act of 2018 (Public Law 115-441; 132 Stat. 
                5586);
                    (D) the Global Magnitsky Human Rights 
                Accountability Act (subtitle F of title XII of Public 
                Law 114-328; 22 U.S.C. 2656 note); and
                    (E) section 8 of this Act.
    (d) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex, if 
necessary.
    (e) Updates.--Any updates to the strategic plan required by 
subsection (a) shall be--
            (1) provided quarterly, if applicable, through briefings to 
        the staff of the appropriate congressional committees; and
            (2) included in subsequent years as part of the annual 
        report on trafficking in persons required by section 110(b)(1) 
        of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7107(b)(1)).
    (f) Termination.--The requirements of this section shall terminate 
on the date on which the President submits to the appropriate 
congressional committees a certification that the Government of the 
People's Republic of China has ended mass internment, forced labor, and 
any other gross violations of human rights experienced by Uyghurs, 
Kazakhs, Kyrgyz, and members of other Muslim minority groups in the 
Xinjiang Uyghur Autonomous Region.

SEC. 8. IMPOSITION OF SANCTIONS.

    (a) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not less frequently than 
        annually thereafter, the President shall submit to the 
        appropriate congressional committees a report that identifies 
        each foreign person, including any official of the Government 
        of the People's Republic of China, that the President 
        determines--
                    (A) knowingly engages in, is responsible for, or 
                facilitates the forced labor of Uyghurs, Kazakhs, 
                Kyrgyz, and members of other Muslim minority groups in 
                the Xinjiang Uyghur Autonomous Region; or
                    (B) knowingly engages in, contributes to, assists, 
                or provides financial, material, or technological 
                support for, the importation into the United States of 
                goods produced with forced labor from the Xinjiang 
                Uyghur Autonomous Region.
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (b) Imposition of Sanctions.--The President shall impose the 
following sanctions with respect to each foreign person identified in 
the report required by subsection (a)(1):
            (1) Asset blocking.--The President shall exercise all of 
        the powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of the foreign person if 
        such property and interests in property are in the United 
        States, come within the United States, or are or come within 
        the possession or control of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a)(1) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--An alien described in 
                        subsection (a)(1) is subject to revocation of 
                        any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the alien's possession.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President may exercise the 
        authorities provided to the President under sections 203 and 
        205 of the International Emergency Economic Powers Act (50 
        U.S.C. 1702 and 1704) to the extent necessary to carry out this 
        section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (b)(1) or any regulation, license, or order issued 
        to carry out that subsection shall be subject to the penalties 
        set forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
    (d) Waiver.--The President may waive the application of sanctions 
under this section with respect to a person identified in the report 
required by subsection (a)(1) if the President determines and certifies 
to the appropriate congressional committees that such a waiver is in 
the national interest of the United States.
    (e) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Exception to comply with international obligations and 
        for law enforcement activities.--Sanctions under subsection 
        (b)(2) shall not apply with respect to an alien if admitting or 
        paroling the alien into the United States is necessary--
                    (A) to permit the United States to comply with the 
                Agreement regarding the Headquarters of the United 
                Nations, signed at Lake Success June 26, 1947, and 
                entered into force November 21, 1947, between the 
                United Nations and the United States, or other 
                applicable international obligations; or
                    (B) to carry out or assist law enforcement activity 
                in the United States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under this section shall 
                not include the authority or a requirement to impose 
                sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (f) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines and reports to the appropriate congressional 
committees not less than 15 days before the termination takes effect 
that--
            (1) information exists that the person did not engage in 
        the activity for which sanctions were imposed;
            (2) the person has been prosecuted appropriately for the 
        activity for which sanctions were imposed;
            (3) the person has credibly demonstrated a significant 
        change in behavior, has paid an appropriate consequence for the 
        activity for which sanctions were imposed, and has credibly 
        committed to not engage in an activity described in subsection 
        (a)(1) in the future; or
            (4) the termination of the sanctions is in the national 
        security interests of the United States.
    (g) Termination.--This section, and any sanctions imposed under 
this section, shall terminate on the date that is 5 years after the 
date of the enactment of this Act.
    (h) Definitions.--In this section, the terms ``admission'', 
``admitted'', and ``alien'' have the meanings given those terms in 
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

SEC. 9. DESIGNATION OF ADDITIONAL ENTITIES FOR IMPOSITION OF SANCTIONS.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report that includes the following:
            (1) A determination with respect to whether reasonable 
        grounds exist to issue a withhold release order pursuant to 
        section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) for each 
        of the following:
                    (A) Yili Zhou Wan Garment Manufacturing Company.
                    (B) Zhihui Haipai Internet of Things Technology 
                Company.
                    (C) Urumqi Shengshi Hua'er Culture Technology 
                Limited Company.
                    (D) Litai Textiles, Huafu Fashion Company.
                    (E) Esquel Group headquartered in Hong Kong.
                    (F) Cofco Tunhe Company.
            (2) If the President determines under paragraph (1) that 
        reasonable grounds do not exist to issue a withhold release 
        order with respect to an entity specified in that paragraph, an 
        explanation of the reasons for that determination.
    (b) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 10. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION OF 
              CERTAIN ACTIVITIES RELATED TO THE XINJIANG UYGHUR 
              AUTONOMOUS REGION.

    (a) Policy Statements.--It is the policy of the United States--
            (1) to protect United States investors, though stronger 
        disclosure requirements, alerting them to the presence of 
        Chinese and other entities complicit in gross violations of 
        human rights in United States capital markets, including United 
        States and foreign entities that are listed on United States 
        exchanges and enable the mass internment and population 
        surveillance of Uyghurs, Kazakhs, Kyrgyz, and other Muslim 
        minorities in the Xinjiang Uyghur Autonomous Region of the 
        People's Republic of China or source products made with forced 
        labor from that region; and
            (2) that such complicity represents a clear, material risk 
        to the share values and corporate reputations of those entities 
        and therefore also to prospective United States investors, 
        particularly given that the United States Government has 
        imposed sanctions and export restrictions to target persons 
        contributing to human rights abuses in the People's Republic of 
        China.
    (b) In General.--Section 13 of the Securities Exchange Act of 1934 
(15 U.S.C. 78m) is amended by adding at the end the following new 
subsection:
    ``(s) Disclosure of Certain Activities Relating to the Xinjiang 
Uyghur Autonomous Region.--
            ``(1) In general.--Each issuer required to file an annual 
        or quarterly report under subsection (a) shall disclose in that 
        report the information required by paragraph (2) if, during the 
        period covered by the report, the issuer or any affiliate of 
        the issuer--
                    ``(A) knowingly engaged in an activity with an 
                entity or the affiliate of an entity engaged in 
                creating or providing technology or other assistance to 
                create mass population surveillance systems in the 
                Xinjiang Uyghur Autonomous Region of the People's 
                Republic of China, including any entity operating in 
                the Xinjiang Uyghur Autonomous Region and on the entity 
                list maintained by the Bureau of Industry and Security 
                and set forth in Supplement No. 4 to part 744 of title 
                15, Code of Federal Regulations;
                    ``(B) knowingly engaged in an activity with an 
                entity or the affiliate of an entity building and 
                running detention facilities for Uyghurs, Kazakhs, 
                Kyrgyz, and members of other Muslim minority groups in 
                the Xinjiang Uyghur Autonomous Region;
                    ``(C) knowingly, directly or indirectly, engaged 
                with an entity or the affiliate of an entity to 
                purchase or otherwise acquire significant types or 
                amounts of textiles made from material produced or 
                manufactured in the Xinjiang Uyghur Autonomous Region;
                    ``(D) knowingly engaged in an activity with an 
                entity or the affiliate of an entity described in 
                section 5(c)(2) of the Uyghur Forced Labor Prevention 
                Act, including--
                            ``(i) any entity engaged in the `mutual 
                        pairing assistance' program, which subsidizes 
                        the establishment of manufacturing facilities 
                        in the Xinjiang Uyghur Autonomous Region; or
                            ``(ii) any entity for which U.S. Customs 
                        and Border Protection has issued a withhold 
                        release order pursuant to section 307 of the 
                        Tariff Act of 1930 (19 U.S.C. 1307); or
                    ``(E) knowingly conducted any transaction or had 
                dealings with--
                            ``(i) any person the property and interests 
                        in property of which were blocked by the 
                        Secretary of the Treasury for the detention or 
                        abuse of Uyghurs, Kazakhs, Kyrgyz, and other 
                        Muslim minorities in the Xinjiang Uyghur 
                        Autonomous Region;
                            ``(ii) any person the property and 
                        interests in property of which are blocked 
                        pursuant to the Global Magnitsky Human Rights 
                        Accountability Act (subtitle F of title XII of 
                        Public Law 114-328; 22 U.S.C. 2656 note); or
                            ``(iii) any person responsible for, or 
                        complicit in, committing atrocities in the 
                        Xinjiang Uyghur Autonomous Region.
            ``(2) Information required.--If an issuer or an affiliate 
        of the issuer has engaged 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 
        knowingly engaged in any activity described in that paragraph, 
        the issuer shall separately file with the Commission, 
        concurrently with the annual or quarterly report under 
        subsection (a), a notice that the disclosure of that activity 
        has been included in that annual or quarterly report that 
        identifies the issuer and contains the information required by 
        paragraph (2).
            ``(4) Public disclosure of information.--Upon receiving a 
        notice under paragraph (3) that an annual or quarterly report 
        includes a disclosure of an activity described in paragraph 
        (1), the Commission shall promptly--
                    ``(A) transmit the report to--
                            ``(i) the President;
                            ``(ii) the Committee on Foreign 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), the President shall--
                    ``(A) make a determination with respect to 
                whether--
                            ``(i) any investigation is needed into the 
                        possible imposition of sanctions under the 
                        Global Magnitsky Human Rights Accountability 
                        Act (subtitle F of title XII of Public Law 114-
                        328; 22 U.S.C. 2656 note); or
                            ``(ii) any criminal investigation is 
                        warranted under a provision of law intended to 
                        hold accountable individuals or entities 
                        involved in the importation of goods produced 
                        by forced labor, including under section 1589 
                        or 1761 of title 18, United States Code, or 
                        section 545 of that title; and
                    ``(B) not later than 180 days after initiating any 
                such investigation, make a determination with respect 
                to whether sanctions should be imposed or criminal 
                proceedings initiated, as the case may be, with respect 
                to the issuer or the affiliate of the issuer.
            ``(6) Sunset.--The provisions of this subsection shall 
        terminate on the date that is 30 days after the date on which 
        the President makes the certification described in section 7(f) 
        of the Uyghur Forced Labor Prevention Act.
            ``(7) Mass population surveillance system defined.--In this 
        section, the term `mass population surveillance system' means 
        installation and integration of facial recognition cameras, 
        biometric data collection, mobile phone surveillance, and 
        artificial intelligence technology with the `Sharp Eyes' and 
        `Integrated Joint Operations Platform' or other technologies 
        that are used by the security forces of the People's Republic 
        of China for surveillance and big-data predictive policing.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to reports required to be filed with the 
Securities and Exchange Commission after the date that is 180 days 
after the date of the enactment of this Act.
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