H.R. 8712

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8712 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8712

To amend the Securities Exchange Act of 1934 to require issuers to make 
certain disclosures relating to the Xinjiang Uyghur Autonomous Region, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 7, 2026

Mr. Subramanyam (for himself, Mr. Moran, Mr. Carson, Mr. Espaillat, Mr. 
Krishnamoorthi, Mr. McGovern, Ms. Pelosi, Ms. Titus, Mr. Moulton, Ms. 
Tokuda, Ms. Norton, Mr. Raskin, and Mr. Suozzi) introduced the 
following bill; which was referred to the Committee on Financial 
Services

_______________________________________________________________________

A BILL

To amend the Securities Exchange Act of 1934 to require issuers to make 
certain disclosures relating to the Xinjiang Uyghur Autonomous Region, 
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 Disclosure 
Act''.

SEC. 2. CERTIFICATION OF CERTAIN ACTIVITIES RELATING TO THE XINJIANG 
UYGHUR AUTONOMOUS REGION AS PROCEDURE FOR REGISTRATION OF 
SECURITIES ON AN EXCHANGE.

(a) In General.--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) In general.--Not later than the end of the 180-day 
period beginning on 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 
to--
``(i) include in such application the 
documentation described under paragraph (2); 
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 
under paragraph (2) if the issuer is not listed on an 
exchange and merges with another issuer that is listed 
on the exchange; and
``(C) to require an issuer filing a registration 
statement under subsection (g) to include with such 
statement the documentation described under paragraph 
(2).
``(2) Documentation required.--With respect to an issuer, 
the documentation described under this paragraph is 
documentation showing whether the issuer or any affiliate of 
the issuer, directly or indirectly, contains within its supply 
or production chain--
``(A) goods, wares, articles, or merchandise 
sourced from or through the XUAR, or mined, produced, 
or manufactured wholly or in part by forced labor 
identified by mandate of section 2(d)(2)(B)(iv) of 
Public Law 117-78, including--
``(i) the industries contained on the 
`Illustrative List of Industries in Xinjiang in 
which Public Reporting has indicated Labor 
Abuses may be Taking Place' in Annex 2 of the 
`Xinjiang Supply Chain Business Advisory' 
(published July 13, 2021) and any successor 
list; and
``(ii) all products listed within `high-
priority sectors for enforcement' by the Forced 
Labor Enforcement Task Force pursuant to Public 
Law 117-78; or
``(B) goods, wares, articles, or merchandise that 
are mined, produced, or manufactured by an entity 
engaged in labor transfers from the XUAR or forced 
labor.
``(3) Transparent documentation of supply chain links.--In 
issuing rules under paragraph (1), the Commission shall require 
an issuer to list the name (in English and in the most commonly 
spoken language of the country in which the issuer is 
incorporated, if other than English), address, and sourcing 
quantities from each smelter, refinery, farm, or manufacturing 
facility (as appropriate) of each person mining, producing, or 
manufacturing a good, ware, article, or merchandise described 
under paragraph (2).
``(4) Independent verification of documentation.--In 
issuing rules under paragraph (1), the Commission shall require 
an issuer--
``(A) to obtain independent verification of the 
documentation described under paragraph (2), by a 
third-party auditor approved by the Commission, before 
the filing of an application, report, or registration 
statement containing such documentation;
``(B) to maintain the confidentiality of the 
identity of such third-party auditor, unless the 
auditor proactively waives confidentiality; and
``(C) to establish policies to respond to any 
reprisals against the third-party auditor.
``(5) Public availability of documentation.--The Commission 
shall make all documentation received under this subsection 
available to the public.
``(6) Additional penalties for certain violations.--In 
addition to other penalties provided under this Act, with 
respect to an application described under paragraph (1)(A), if 
an issuer fails to comply with the requirements of this 
subsection (including any misrepresentation of the information 
described under paragraph (3))--
``(A) the applicable national securities exchange 
may not approve such application; and
``(B) the issuer may not re-file the application 
for 1 year.
``(7) Definitions.--In this subsection:
``(A) Forced labor.--The term `forced labor' 
means--
``(i) any labor carried out by the Uyghur, 
Kazakh, Kyrgyz, or another oppressed ethnic 
group in the People's Republic of China under 
any State-sponsored labor program, including 
any program associated with `surplus labor 
transfer', `poverty alleviation', `mutual aid', 
`Xinjiang Aid', and re-education programs 
targeting minoritized citizens of the XUAR, 
whether inside or outside;
``(ii) any labor carried out in the XUAR 
unless the specific labor has been identified 
by the United States authorities under existing 
forced labor and the Uyghur protection laws as 
not involving the use of forced labor; and
``(iii) any use of convict labor, forced 
labor, or indentured labor described under 
section 307 of the Tariff Act of 1930 (19 
U.S.C. 1307).
``(B) XUAR.--The term `XUAR' means the Xinjiang 
Uyghur Autonomous Region.''.
(b) Repeal.--The amendment made by this section shall be repealed 
on the earlier of--
(1) the date that is 8 years after the date of the 
enactment of this section; or
(2) the date on which the President submits to Congress 
(including the Office of the Law Revision Council) a 
determination 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 persecuted groups in the 
Xinjiang Uyghur Autonomous Region.

SEC. 3. DISCLOSURE OF CERTAIN ACTIVITIES RELATING TO THE XINJIANG 
UYGHUR AUTONOMOUS REGION.

(a) 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:
``(t) Disclosure of Certain Activities Relating to the Xinjiang 
Uyghur Autonomous Region.--
``(1) In general.--Not later than the end of the 180-day 
period beginning on the date of enactment of this subsection, 
the Commission shall issue rules to require each issuer 
required to file an annual report under this section or section 
15(d) or a proxy statement under section 14 to disclose in each 
such report or proxy statement whether, during the period 
covered by the report or proxy statement--
``(A) the issuer or any affiliate of the issuer, 
directly or indirectly, engaged with an entity or the 
affiliate of an entity to use or source goods, wares, 
articles, or merchandise sourced from or through the 
XUAR, or mined, produced, or manufactured wholly or in 
part by forced labor identified by mandate of section 
2(d)(2)(B)(iv) of Public Law 117-78, including--
``(i) the industries contained on the 
`Illustrative List of Industries in Xinjiang in 
which Public Reporting has indicated Labor 
Abuses may be Taking Place' in Annex 2 of the 
`Xinjiang Supply Chain Business Advisory' 
(published July 13, 2021) and any successor 
list;
``(ii) all products listed as `high-
priority sectors for enforcement' by the Forced 
Labor Enforcement Task Force pursuant to Public 
Law 117-78; and
``(iii) all products exported from the 
People's Republic of China into the United 
States that are listed by mandate of section 
2(d)(2)(B)(iv) of Public Law 117-78 that are 
sourced from or through the XUAR; or
``(B) with respect to any goods, wares, articles, 
or merchandise described under subparagraph (A), 
whether the goods, wares, articles, or merchandise have 
supply chain links to facilities that employ forced 
labor;
``(C) with respect to each good, ware, article, and 
merchandise described under subparagraph (A)--
``(i) the nature and extent of the 
commercial activity related to the good, ware, 
article, or merchandise;
``(ii) the gross revenue and net profits, 
if any, attributable to the good, ware, 
article, or merchandise;
``(iii) the alternative sourcing options 
for the good, ware, article, or merchandise, 
while protecting proprietary information of the 
issuer and any other cited business;
``(iv) a description of the measures taken 
by the issuer to exercise due diligence on the 
source and chain of custody of the good, ware, 
article, or merchandise; and
``(v) other entities and facilities 
affiliated with the facility employing forced 
labor, including the physical location of such 
facilities and of the supplier entity's 
headquarters; and
``(D) the issuer or any affiliate of the issuer, 
directly or indirectly, was involved in the development 
or provision of surveillance goods, services, or 
technologies (including telecommunications, information 
security, and sensors) used to facilitate gross human 
rights abuses.
``(2) Availability of information.--The Commission shall 
make all information disclosed pursuant to this subsection 
available to the public on the website of the Commission.
``(3) Definitions.--In this subsection, the terms `forced 
labor' and `XUAR' have the meaning given those terms, 
respectively, under section 12(m)(8).''.
(b) Repeal.--The amendment made by this section shall be repealed 
on the earlier of--
(1) the date that is 8 years after the date of the 
enactment of this section; or
(2) the date on which the President submits to Congress 
(including the Office of the Law Revision Council) a 
determination 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 persecuted groups in the 
Xinjiang Uyghur Autonomous Region.

SEC. 4. REPORTS.

(a) Securities and Exchange Commission Annual Report to Congress.--
The Securities and Exchange Commission shall--
(1) conduct an annual assessment of the compliance of 
issuers with the requirements of section 12(m) of the 
Securities Exchange Act of 1934 on--
(A) issuers described under paragraph (1)(A) of 
such section 12(m);
(B) issuers described under paragraph (1)(B) of 
such section 12(m); and
(C) issuers described under paragraph (1)(C) of 
such section 12(m);
(2) conduct an annual assessment of the compliance of 
issuers with the requirements of section 13(t) of the 
Securities Exchange Act of 1934; and
(3) issue a report to Congress containing the results of 
the assessments under paragraph (1) and (2).
(b) GAO 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 certification requirements under 
section 12(m) and section 13(t) of the Securities Exchange Act of 1934.
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