Providing for Consideration of the Bill (H.R. 256) and the Bill (H.R. 1187)
Summary
House Report 117–59 is a report of the Committee on Rules, submitted by Mr. McGovern, referred to the House Calendar and ordered to be printed June 14, 2021, on House Resolution 473. The Committee, by a record vote of 9 to 4, reports the resolution with the recommendation that it be adopted. The resolution provides for consideration of H.R. 256, to repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002, under a closed rule, and of H.R. 1187, the Corporate Governance Improvement and Investor Protection Act, under a structured rule. It provides one hour of debate on each bill and one motion to recommit.
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“Providing for Consideration of the Bill (H.R. 256) and the Bill (H.R. 1187).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt59-crpt-117hrpt59/
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–59
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 256) TO REPEAL THE
AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLU-
TION OF 2002; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1187)
TO PROVIDE FOR DISCLOSURE OF ADDITIONAL MATERIAL INFORMA-
TION ABOUT PUBLIC COMPANIES AND ESTABLISH A SUSTAINABLE FI-
NANCE ADVISORY COMMITTEE, AND FOR OTHER PURPOSES
JUNE 14, 2021.—Referred to the House Calendar and ordered to be printed
Mr. MCGOVERN, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 473]
The Committee on Rules, having had under consideration House
Resolution 473, by a record vote of 9 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 256, To repeal
the Authorization for Use of Military Force Against Iraq Resolution
of 2002, under a closed rule. The resolution provides one hour of
debate equally divided and controlled by the chair and ranking mi-
nority member of the Committee on Foreign Affairs or their des-
ignees. The resolution waives all points of order against consider-
ation of the bill. The resolution waives all points of order against
provisions in the bill. The resolution provides that the bill shall be
considered as read. The resolution provides one motion to recom-
mit. The resolution provides for consideration of H.R. 1187, the
Corporate Governance Improvement and Investor Protection Act,
under a structured rule. The resolution provides one hour of gen-
eral debate equally divided and controlled by the chair and ranking
minority member of the Committee on Financial Services or their
designees. The resolution waives all points of order against consid-
eration of the bill. The resolution provides that an amendment in
the nature of a substitute consisting of the text of Rules Committee
Print 117–5 shall be considered as adopted and the bill, as amend-
ed, shall be considered as read. The resolution waives all points of
order against provisions in the bill, as amended. The resolution
provides that following debate, each further amendment printed in
this report not earlier considered as part of amendments en bloc
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19–008
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pursuant to section 4 shall be considered only in the order printed
in this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the time
specified in this report equally divided and controlled by the pro-
ponent and an opponent, may be withdrawn by the proponent at
any time before the question is put thereon, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question. The resolution provides that at any time after debate
the chair of the Committee on Financial Services or her designee
may offer amendments en bloc consisting of further amendments
printed in this report not earlier disposed of. Amendments en bloc
shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority
member of the Committee on Financial Services or their designees,
shall not be subject to amendment, and shall not be subject to a
demand for division of the question. The resolution waives all
points of order against the amendments printed in this report or
amendments en bloc described in section 4 of the resolution. The
resolution provides one motion to recommit. The resolution pro-
vides that the provisions of section 202 of the National Emer-
gencies Act shall not apply to House Joint Resolution 46. The reso-
lution provides that House Resolution 467 is hereby adopted. The
resolution provides that at any time through the legislative day of
Thursday, June 17, 2021, the Speaker may entertain motions of-
fered by the Majority Leader or a designee that the House suspend
the rules with respect to multiple measures that were the object of
motions to suspend the rules on the legislative days of June 14 or
15, 2021, and on which the yeas and nays were ordered and further
proceedings postponed. The Chair shall put the question on any
such motion without debate or intervening motion, and the order-
ing of the yeas and nays on postponed motions to suspend the rules
with respect to such measures is vacated.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against consid-
eration of H.R. 256, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against provi-
sions in H.R. 256, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of H.R.
1187 includes a waiver of 3(d) of rule XIII, which requires the in-
clusion of committee cost estimate in a committee report. A CBO
cost estimate on H.R. 1187 was not available at the time the Com-
mittee on Financial Services filed its report.
Although the resolution waives all points of order against provi-
sions in H.R. 1187, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against the
amendments printed in this report and amendments en bloc de-
scribed in section 4 of the resolution, the Committee is not aware
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of any points of order. The waiver is prophylactic in nature.
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3
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
Rules Committee record vote No. 91
Motion by Mr. Cole to report an open rule for H.R. 1187. De-
feated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... ...................
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 92
Motion by Mr. Cole to strike from the appropriate section of the
rule language relating to H.J. Res. 46 introduced by Rep. Gosar
(AZ). Defeated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... ...................
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 93
Motion by Mr. Burgess to strike from the appropriate section lan-
guage adopting a budget resolution. Defeated: 4–8
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... ...................
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 94
Motion by Mr. Reschenthaler to amend the rule to H.R. 1187 to
make in order amendment #8, offered by Rep. McHenry (NC),
which makes the bill and amendments effective date contingent on
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the Labor Force Participation Rate reaching the same level it was
in January 2020. Defeated: 4–9
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Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 95
Motion by Mrs. Fischbach to amend the rule to H.R. 1187 to
make in order amendment #9, offered by Rep. McHenry (NC),
which allows Emerging Growth Companies, Small Businesses, and
Smaller Reporting Companies to opt out of the disclosure require-
ments. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 96
Motion by Mrs. Torres to report the rule. Adopted: 9–4
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Yea Mr. Cole ........................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mr. Reschenthaler ............................................ Nay
Ms. Scanlon ...................................................... Yea Mrs. Fischbach ................................................ Nay
Mr. Morelle ....................................................... Yea
Mr. DeSaulnier .................................................. Yea
Ms. Ross ........................................................... Yea
Mr. Neguse ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENTS TO H.R. 1187 MADE IN ORDER
1. Burgess (TX): Requires publicly traded companies to disclose
the negative impacts of federal corporate tax increases. (10 min-
utes)
2. Axne (IA): Increases disclosures from public companies about
their workforce, including information about workforce health and
safety, pay, diversity, turnover and promotion rates, and training,
as well as companies’ use of contractors and outsourcing. (10 min-
utes)
3. Frankel (FL), Nadler (NY), Speier (CA), Blunt Rochester (DE),
Underwood (IL): Requires publicly-traded companies to disclose the
number of settlements, judgments, and aggregate settlement
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amounts in connection with workplace harassment in their annual
SEC filings. (10 minutes)
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4. Hill, French (AR): Strikes the underlying legislation with a
study that must be conducted by the SEC to summarize and de-
scribe any inconsistencies by the different ESG and climate disclo-
sure frameworks before requiring any type of disclosure from public
companies. (10 minutes)
5. Himes (CT), Ross, Deborah (NC): Requires publicly traded
companies to report annually on whether members of their gov-
erning bodies (such as general partners or members of a board of
directors) have cybersecurity expertise and the nature of that expe-
rience. If nobody has such experience, then the company would be
required to describe what other aspects of its cybersecurity were
considered by the people responsible for identifying and evaluating
nominees for governing body membership with NIST and the SEC
would defining cybersecurity experience using commonly defined
roles, specialties, knowledge, skills, and abilities. (10 minutes)
6. Meeks (NY), Maloney, Carolyn (NY), Torres, Ritchie (NY): (1)
Requires public companies to annually disclose the racial, ethnic,
gender identity, sexual orientation, and veteran status of their
board directors, nominees, and senior executive officers; (2) empow-
ers the SEC’s Office of Minority and Women Inclusion to publish
best diversity disclosure practices; and (3) creates an advisory
group that would study and report on increasing corporate diver-
sity. (10 minutes)
7. Phillips (MN): Requires the SEC to study the emergence and
viability of coalitions among shareholders who wish to preserve and
promote critical employment, environmental, social, and govern-
ance standards (EESG) and the significance of shareholder net-
works with the SEC issuing a report to Congress with its findings,
guidance on shareholder engagement activities that are not consid-
ered to involve questions of corporate control, and provide rec-
ommendations on regulatory safe harbors for engagement with re-
spect to sustainability guardrails. (10 minutes)
8. Schrier (WA): Requires the Commission, in conjunction with
the Office of the Advocate for Small Business Capital Formation
and the Office of the Investor Advocate, to conduct a study and
issue a report on the issues small businesses face in reporting ESG
disclosures with the report including recommendations for the
Commission to consider, and should be completed within 1 year of
the enactment of the bill. (10 minutes)
9. Wexton (VA): Directs the Securities and Exchange Commission
(SEC) to issue rules requiring U.S. publicly traded companies to
disclose annually imports of manufactured goods and materials
that originate in or are sourced in part from Xinjiang Province. (10
minutes)
10. Plaskett (VI): Clarifies that a ‘tax jurisdiction’ includes a
country or a jurisdiction that is not a country but that has fiscal
autonomy. (10 minutes)
TEXT OF AMENDMENTS TO H.R. 1187 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BURGESS
OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 45, after line 19, insert the following:
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‘‘(3) INCLUSION OF NOTICE WITH RESPECT TO FEDERAL COR-
PORATE TAX INCREASES.—With respect to each disclosure made
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6
by a covered issuer pursuant to paragraph (2), if the Federal
corporate tax rate in effect during the reporting period is high-
er than the Federal corporate tax rate applicable on June 1,
2021, the disclosure shall contain the following additional in-
formation:
‘‘(A) With respect to any disclosure of taxes paid to the
Federal Government, the disclosure shall include a calcula-
tion of what such payment would have been had the Fed-
eral corporate tax rate remained the same as it was on
June 1, 2021.
‘‘(B) The following notice: ‘As a result of a change in U.S.
Federal corporate tax law enacted during the lllll
Administration(s), our company has lll fewer dollars to
pay its workforce, invest in our business, or return capital
to its investors.’. (With the first blank filled in with the
name of each President since June 1, 2021, during whose
term legislation was enacted to raise the Federal corporate
tax rate, and with the second blank filled in with the dif-
ference between the actual taxes paid by the covered
issuer to the Federal Government during the reporting pe-
riod and what that payment amount would have been had
the Federal corporate tax rate remained the same as it
was on June 1, 2021.)’’.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AXNE OF
IOWA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
TITLE VI—WORKFORCE INVESTMENT
DISCLOSURE
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Workforce Investment Disclosure
Act of 2021’’.
SEC. 602. FINDINGS.
Congress finds the following:
(1) One of the keys to the 20th century post-war economic
success of the United States was the ability to prepare workers
over the course of their lives for success through multiple sec-
tors across society. Unfortunately, during the several decades
preceding the date of enactment of this Act, there has been a
shift in business norms and in society. While Congress recog-
nizes that the technology and job skills required for some jobs
has changed dramatically, the private and public partnership
to hire workers at different education levels and invest in them
for the long-term is broken.
(2) Available data from the 10-year period preceding the date
of enactment of this Act suggests that businesses are investing
less in worker training during that time period, not more.
(3) In the wake of the 2008 global financial crisis, there was
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a well-documented decline in overall business investment. That
decline coincides with the wage polarization of workers and an
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increase in spending on share buybacks and dividends, leading
several researchers to conclude that companies are de-empha-
sizing investment at the expense of increasing returns for
shareholders. The onset of a global pandemic may make that
trend worse, especially with respect to investments in workers.
(4) As part of the overall decline in investment described in
paragraph (3), publicly traded companies are being provided
with incentives to prioritize investments in physical assets over
investments in their workforces, meaning that those companies
are investing in robots instead of individuals. In fact, there are
already signs that automation has increased during the
COVID–19 pandemic.
(5) More than ever, the Federal Government, through com-
pany disclosure practices, needs to understand exactly how
companies are investing in their workers. Over the several
months preceding the date of enactment of this Act, companies
across the United States have taken extreme actions to adapt
and respond to evolving workforce challenges presented by
COVID–19.
(6) JUST Capital has been tracking the responses of the
Standard and Poor’s 100 largest public companies to their
workers and has found wide variation in the policies imple-
mented, as well as with respect to the disclosure of those poli-
cies. Through different responses to their workforces, from lay-
offs to workplace safety to paid leave, the COVID–19 pandemic
is exposing the myriad ways that workforce management prac-
tices of companies pose operational and reputational risks for
short- and long-term financial performance.
(7) Even before the COVID–19 pandemic, there was a grow-
ing body of research establishing a relationship between meas-
urable workforce management, which is the way that compa-
nies manage their employees, and firm performance. In a study
of 2,000 large companies, Harvard Law School’s Labor and
Work Life Program found that forward-thinking workforce poli-
cies that prioritize workers, such as how companies train, re-
tain, and pay their workers, are correlated with long-term fi-
nancial performance.
(8) Disclosure of workforce management policies should be
part of a Government-wide economic recovery strategy. Just as
a set of generally accepted accounting principles (commonly
known as ‘‘GAAP’’) was urgently adopted after the Great De-
pression, standardized, comparable metrics of workforce disclo-
sure requirements in the context of the COVID–19 pandemic
are critical for investors to accurately measure and project
company performance, both in the present and in the future.
(9) Because many companies already track workforce metrics
internally, moving towards a transparent disclosure regime
would allow investors to better judge whether companies are
managing risks and making the investments in their
workforces that are needed for long-term growth.
(10) Businesses increasingly rely on workforce innovation
and intellectual capital for competitiveness. Workplace bene-
fits, particularly paid sick leave, medical leave, and flexible
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work arrangements, critically support employee mental and
physical well-being.
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(11) Race- and gender-based workplace discrimination have
been tied to negative health outcomes, as well as lower produc-
tivity, trust, morale, and satisfaction and higher rates of ab-
senteeism and turnover. Organizational reporting on practices
to reduce discrimination can increase employee job satisfaction,
performance, and engagement.
(12) According to the Centers for Disease Control and Pre-
vention, work-related stress is the leading occupational health
risk and, per the American Institute of Stress, job stress costs
United States industry more than $300,000,000,000 per year in
accidents, absenteeism, employee turnover, diminished produc-
tivity, and medical, legal, and insurance costs.
(13) Employee health and well-being is a key asset to deliv-
ering long-term value, with 80 percent of public companies that
took concrete actions on health and well-being having seen
larger improvements in financial performance.
(14) Organizational well-being interventions can create cost
savings of up to 10 dollars for every dollar invested. Specifi-
cally, for every dollar that employers spend on workplace dis-
ease prevention and well-being programs, there is a $3.27 re-
duction in employee medical costs and a $2.73 reduction in ab-
senteeism costs. Employers that implement workplace health
promotion programs have seen reductions in sick leave, health
plan costs, and workers’ compensation and disability insurance
costs of approximately 25 percent.
(15) The Centers for Disease Control and Prevention has
found that preventable chronic conditions are a major contrib-
utor to insurance premium and employee medical claim costs,
which are at an all-time high, and a Milken Institute study
shows that employers paid $2,600,000,000,000 in 2016 for the
indirect costs of employee chronic disease due to work ab-
sences, lost wages, and reduced economic productivity.
(16) The COVID–19 pandemic has severely impacted em-
ployee physical, mental, and emotional well-being by increas-
ing stress, depression, burnout, and mortality rates of chronic
disease and by reducing work-life balance and financial secu-
rity, with these challenges likely to persist due to uncertainty
and instability even as employees return to work. Before the
COVID–19 pandemic, but especially in the face of that pan-
demic, employers that advance policies and practices that sup-
port workforce health, safety, and well-being are likely to out-
perform competitors and benefit from lower costs.
SEC. 603. DISCLOSURES RELATING TO WORKFORCE MANAGEMENT.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C.
78m), as amended by section 502, is further amended by adding at
the end the following:
‘‘(w) DISCLOSURES RELATING TO WORKFORCE MANAGEMENT.—
‘‘(1) DEFINITION.—In this subsection, the term ‘contingent
worker’ includes an individual performing work in the usual
course of business on a temporary basis (including through a
labor intermediary, including an individual or entity that sup-
plies an employer with workers to perform labor) or as an inde-
pendent contractor.
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‘‘(2) REGULATIONS.—Not later than 2 years after the date of
enactment of this subsection, the Commission, in consultation
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9
with the Secretary of Labor, the Secretary of Commerce, the
Secretary of Treasury, and the Attorney General, shall promul-
gate regulations that require each issuer required to file an an-
nual report under subsection (a) or section 15(d) to disclose in
that report information regarding workforce management poli-
cies, practices, and performance with respect to the issuer.
‘‘(3) RULES.—Consistent with the requirement under para-
graph (4), each annual report filed with the Commission in ac-
cordance with the regulations promulgated under paragraph
(2) shall include disclosure of the following with respect to the
issuer filing the report for the year covered by the report:
‘‘(A) Workforce demographic information, including—
‘‘(i) the number of full-time employees, the number
of part-time employees, and the number of contingent
workers (including temporary and contract workers)
with respect to the issuer, which shall include demo-
graphic information with respect to those categories of
individuals, including information regarding race, eth-
nicity, and gender;
‘‘(ii) any policies or practices of the issuer relating to
subcontracting, outsourcing, and insourcing individ-
uals to perform work for the issuer, which shall in-
clude demographic information with respect to those
individuals, including information regarding race, eth-
nicity, and gender; and
‘‘(iii) whether the percentage of contingent workers
with respect to the issuer has changed, including tem-
porary and contract workers, as compared with the
previous annual report filed by the issuer under this
subsection.
‘‘(B) Workforce stability information, including informa-
tion about the voluntary turnover or retention rate, the in-
voluntary turnover rate, the internal hiring rate, and the
internal promotion rate, as well as information about
workers who transition between employee and contingent
workers, and the horizontal job change rate by quintile
and demographic information.
‘‘(C) Workforce composition, including—
‘‘(i) data on diversity (including racial, ethnic, self-
reported sexual orientation, and gender composition)
for senior executives and other individuals in the
workforce; and
‘‘(ii) any policies, audits, and programming expendi-
tures relating to diversity.
‘‘(D) Workforce skills and capabilities, including—
‘‘(i) information about training and cross-training of
employees and contingent workers by quintile and de-
mographic information, distinguishing between compli-
ance training, career development training, job per-
formance or technical training, and training tied to
recognized postsecondary credentials;
‘‘(ii) average number of hours of training for each
employee and contingent worker;
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‘‘(iii) total spending on training for all employees
and contingent workers;
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‘‘(iv) average spending per employee or contingent
worker;
‘‘(v) training utilization rates; and
‘‘(vi) whether completion of training opportunities
translates into value added benefit for workers, as de-
termined by wage increases or internal promotions.
‘‘(E) Workforce health, safety, and well-being, including
information regarding—
‘‘(i) the frequency, severity, and lost time due to in-
juries, physical and mental illness, and fatalities;
‘‘(ii) the scope, frequency, and total expenditure on
workplace health, safety, and well-being programs;
‘‘(iii) the total dollar value of assessed fines under
the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.);
‘‘(iv) the total number of actions brought under sec-
tion 13 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 662) to prevent imminent dangers;
‘‘(v) the total number of actions brought against the
issuer under section 11(c) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 660(c));
‘‘(vi) any findings of workplace harassment or work-
place discrimination during the 5 fiscal year period of
the issuer preceding the fiscal year in which the report
is filed; and
‘‘(vii) communication channels and grievance mecha-
nisms in place for employees and contingent workers.
‘‘(F) Workforce compensation and incentives, including
information regarding—
‘‘(i) total workforce costs, including salaries and
wages, health benefits, other ancillary benefit costs,
and pension costs;
‘‘(ii) workforce benefits, including paid leave, health
care, child care, and retirement, including information
regarding benefits that are provided—
‘‘(I) to full-time employees and not to part-time
employees; or
‘‘(II) to employees and not to contingent work-
ers;
‘‘(iii) total contributions made to unemployment in-
surance by the issuer, how many employees to whom
those contributions apply, and the total amount paid
in unemployment compensation to individuals who
were laid off by the issuer;
‘‘(iv) policies and practices regarding how perform-
ance, productivity, equity, and sustainability are con-
sidered when setting pay and making promotion deci-
sions; and
‘‘(v) policies and practices relating to any incentives
and bonuses provided to employees and any policies or
practices designed to counter any risks created by
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such incentives and bonuses.
‘‘(G) Workforce recruiting and needs, including—
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11
‘‘(i) the number of new jobs created, seeking to be
filled, and filled, disaggregated based on classification
status;
‘‘(ii) the share of new jobs that require a bachelor’s
degree or higher;
‘‘(iii) information regarding the quality of hire for
jobs described in clause (i); and
‘‘(iv) the retention rate for individuals hired to fill
the jobs described in clause (i).
‘‘(H) Workforce engagement and productivity, including
information regarding policies and practices of the issuer
relating to—
‘‘(i) engagement, productivity, and mental well-being
of employees and contingent workers, as determined
in consultation with the Department of Labor; and
‘‘(ii) freedom of association and work-life balance ini-
tiatives, including flexibility and the ability of the
workforce to work remotely, as determined in con-
sultation with the Department of Labor.
‘‘(4) DISAGGREGATION OF INFORMATION.—To the maximum
extent feasible, the information described in paragraph (3)
shall be disaggregated by—
‘‘(A) the workforce composition described in subpara-
graph (C)(i) of that paragraph;
‘‘(B) wage quintiles of the employees of the issuer for the
year covered by the applicable annual report; and
‘‘(C) the employment status of individuals performing
services for the issuer, including whether those individuals
are full-time employees, part-time employees, or contin-
gent workers.
‘‘(5) TREATMENT OF EMERGING GROWTH COMPANIES.—The
Commission may exempt emerging growth companies from any
disclosure required under subparagraph (D), (E), (F), (G), or
(H) of paragraph (3) if the Commission determines that such
an exemption is necessary or appropriate in the public interest.
‘‘(6) FALSE OR MISLEADING STATEMENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), it shall be unlawful for any person, in any report or
document filed under this subsection, to make or cause to
be made any untrue statement of a material fact or omit
to state a material fact required to be stated in the report
or document or necessary to make the statement made, in
the light of the circumstances under which it is made, not
misleading.
‘‘(B) EXCEPTION.—A person shall not be liable under sub-
paragraph (A) if the person shows that the person had,
after reasonable investigation, reasonable ground to be-
lieve, and did believe, at the time the applicable statement
was made, that the statement was true and that there was
no omission to state a material fact necessary to make the
statement made, in the light of the circumstances under
which it is made, not misleading.
‘‘(C) NO PRIVATE RIGHT OF ACTION.—Nothing in this
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paragraph may be construed as creating a private right of
action.
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12
‘‘(7) EXEMPTION.—This subsection shall not apply to an in-
vestment company registered under section 8 of the Invest-
ment Company Act of 1940 (15 U.S.C. 80a–8).’’.
SEC. 604. BACKSTOP.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘Commission’’ means the Securities and Ex-
change Commission;
(2) the term ‘‘covered issuer’’ means an issuer that is re-
quired to file an annual report under section 13(a) or section
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)); and
(3) the term ‘‘issuer’’ has the meaning given the term in sec-
tion 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).
(b) COMPLIANCE.—If, as of the date that is 2 years after the date
of enactment of this Act, the Commission has not promulgated the
regulations required under subsection (w) of section 13 of the Secu-
rities Exchange Act of 1934 (15 U.S.C. 78m), as added by section
603, a covered issuer, during the period beginning on that date and
ending on the date on which the Commission promulgates those
regulations, shall be deemed to be in compliance with such sub-
section (w) if disclosures set forth in the annual report of the cov-
ered issuer satisfy the public disclosure standards of the Inter-
national Organization for Standardization’s ISO 30414, or any suc-
cessor standards for external workforce reporting, as supplemented
or adjusted by rules, guidance, or other comments from the Com-
mission.
SEC. 605. SEC STUDY.
(a) DEFINITIONS.—In this section, the terms ‘‘Commission’’ and
‘‘issuer’’ have the meanings given those terms in section 604(a).
(b) STUDY.—The Commission shall conduct a study about the
value to investors of—
(1) information about the human rights commitments of
issuers required to file annual reports under section 13(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)), includ-
ing information about any principles used to evaluate risk, con-
stituency consultation processes, and supplier due diligence;
and
(2) with respect to issuers required to file annual reports
under section 13(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a)), information about—
(A) violations of the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.) by those issuers;
(B) violations of worker misclassification by those
issuers;
(C) surveys regarding employee satisfaction, well-being,
and engagement;
(D) the number and overall percentage of quality jobs, as
determined by compensation above median wage and com-
prehensive employer-provided benefits; and
(E) information about workforce investment trends, as
determined by at least a 3-year time period.
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(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Commission shall submit to Congress a report that
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13
contains the results of the study required to be conducted under
subsection (b), with recommendations for additional disclosure reg-
ulations based on the findings, and any actions the Commission
plans to take to enhance disclosures based on the findings.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANKEL
OF FLORIDA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
TITLE VI—PREVENTING AND RESPOND-
ING TO WORKPLACE HARASSMENT
SEC. 601. SEC FILINGS AND MATERIAL DISCLOSURES AT PUBLIC COM-
PANIES.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘Form 10–K’’ means the form described in sec-
tion 249.310 of title 17, Code of Federal Regulations, or any
successor regulation; and
(2) the term ‘‘issuer’’ has the meaning given the term in sec-
tion 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).
(b) FINDINGS.—Congress finds that—
(1) shareholders and the public should know whether cor-
porations—
(A) are expending company funds to resolve, settle, or
litigate claims of workplace harassment, including sexual
harassment; and
(B) along with the executives and managers of those cor-
porations—
(i) are complying with prohibitions against work-
place harassment, including sexual harassment; and
(ii) facilitate a culture of silence, disrespect, intimi-
dation, and abuse that negatively impacts the health
and safety of the workers of those corporations and
the value of those corporations; and
(2) the requirements of this section will—
(A) establish necessary transparency and accountability;
and
(B) provide an incentive for corporations to—
(i) promptly address workplace harassment, includ-
ing sexual harassment, as that misconduct occurs; and
(ii) foster a culture in which workplace harassment
is not protected and does not occur.
(c) INFORMATION REQUIRED.—Not later than 1 year after the date
of enactment of this Act, the Securities and Exchange Commission
shall promulgate a regulation that requires any issuer that is re-
quired to submit an annual report using Form 10–K to include in
any such submission—
(1) during the period covered by the submission—
(A) with respect to workplace harassment, including sex-
ual harassment, and retaliation for reporting, resisting, op-
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posing, or assisting in the investigation of workplace har-
assment—
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14
(i) the number of settlements reached by the issuer
as a signatory or when the issuer is a beneficiary of
a release of claims; and
(ii) whether any judgments or awards (including
awards through arbitration or administrative pro-
ceedings) were entered against the issuer in part or in
whole, or any payments made in connection with a re-
lease of claims; and
(B) the total amount paid by the issuer or another party
as a result of—
(i) the settlements described in subparagraph (A)(i);
and
(ii) the judgments described in subparagraph (A)(ii);
and
(2) information regarding whether, in the aggregate, includ-
ing the period covered by the submission, there have been
three or more settlements reached by, or judgments against,
the issuer with respect to workplace harassment, including
sexual harassment, or retaliation for reporting, resisting, op-
posing, or assisting in the investigation of workplace harass-
ment that relate to a particular individual employed by the
issuer, without identifying that individual by name.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HILL OF
ARKANSAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Strike titles I through V and insert the following:
SEC. 2. SEC STUDY ON ESG AND CLIMATE-RELATED DISCLOSURES.
(a) STUDY.—
(1) IN GENERAL.—The Securities and Exchange Commission
shall carry out a study of all disclosure frameworks described
in paragraph (2) that any U.S.-listed public company may use
when making disclosures to investors, whether voluntarily or
pursuant to law.
(2) DISCLOSURE FRAMEWORKS.—The disclosure frameworks
described in this paragraph are as follows:
(A) Disclosure frameworks related to environmental, so-
cial, and governance (‘‘ESG’’) metrics.
(B) Disclosure frameworks related to the climate.
(b) REPORT.—The Commission shall issue a report to the Con-
gress containing—
(1) all findings and determinations made in carrying out the
study required under subsection (a)(1); and
(2) a description of all inconsistencies between the frame-
works described under subsection (a)(2).
(c) ESG AND CLIMATE DISCLOSURE RULEMAKING CONTINGENT ON
STUDY.—Issuers are not required to make any disclosures related
to ESG or the climate that were not required on the date of enact-
ment of this Act unless—
(1) such disclosures are required by a rule of the Commis-
sion; and
(2) such rule is issued taking into account the finding and
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determinations of the study required under subsection (a)(1).
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15
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HIMES OF
CONNECTICUT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
TITLE VI—CYBERSECURITY
DISCLOSURE
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Cybersecurity Disclosure Act of
2021’’.
SEC. 602. CYBERSECURITY TRANSPARENCY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by inserting after section 14B (15 U.S.C. 78n–2) the fol-
lowing:
‘‘SEC. 14C. CYBERSECURITY TRANSPARENCY.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘cybersecurity’ means any action, step, or meas-
ure to detect, prevent, deter, mitigate, or address any cyberse-
curity threat or any potential cybersecurity threat;
‘‘(2) the term ‘cybersecurity threat’—
‘‘(A) means an action, not protected by the First Amend-
ment to the Constitution of the United States, on or
through an information system that may result in an un-
authorized effort to adversely impact the security, avail-
ability, confidentiality, or integrity of an information sys-
tem or information that is stored on, processed by, or
transiting an information system; and
‘‘(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer li-
censing agreement;
‘‘(3) the term ‘information system’—
‘‘(A) has the meaning given the term in section 3502 of
title 44, United States Code; and
‘‘(B) includes industrial control systems, such as super-
visory control and data acquisition systems, distributed
control systems, and programmable logic controllers;
‘‘(4) the term ‘NIST’ means the National Institute of Stand-
ards and Technology; and
‘‘(5) the term ‘reporting company’ means any company that
is an issuer—
‘‘(A) the securities of which are registered under section
12; or
‘‘(B) that is required to file reports under section 15(d).
‘‘(b) REQUIREMENT TO ISSUE RULES.—Not later than 360 days
after the date of enactment of this section, the Commission shall
issue final rules to require each reporting company, in the annual
report of the reporting company submitted under section 13 or sec-
tion 15(d) or in the annual proxy statement of the reporting com-
pany submitted under section 14(a)—
‘‘(1) to disclose whether any member of the governing body,
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such as the board of directors or general partner, of the report-
ing company has expertise or experience in cybersecurity and
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16
in such detail as necessary to fully describe the nature of the
expertise or experience; and
‘‘(2) if no member of the governing body of the reporting com-
pany has expertise or experience in cybersecurity, to describe
what other aspects of the reporting company’s cybersecurity
were taken into account by any person, such as an official serv-
ing on a nominating committee, that is responsible for identi-
fying and evaluating nominees for membership to the gov-
erning body.
‘‘(c) CYBERSECURITY EXPERTISE OR EXPERIENCE.—For purposes of
subsection (b), the Commission, in consultation with NIST, shall
define what constitutes expertise or experience in cybersecurity
using commonly defined roles, specialties, knowledge, skills, and
abilities, such as those provided in NIST Special Publication 800–
181, entitled ‘National Initiative for Cybersecurity Education
(NICE) Cybersecurity Workforce Framework’, or any successor
thereto.’’.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MEEKS OF
NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
TITLE VI—DATA RELATING TO
DIVERSITY DISCLOSURE
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Improving Corporate Governance
Through Diversity Act of 2021’’.
SEC. 602. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C.
78m), as amended by section 502, is further amended by adding at
the end the following:
‘‘(w) SUBMISSION OF DATA RELATING TO DIVERSITY.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘executive officer’ has the meaning given
the term in section 230.501(f) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
subsection; and
‘‘(B) the term ‘veteran’ has the meaning given the term
in section 101 of title 38, United States Code.
‘‘(2) SUBMISSION OF DISCLOSURE.—Each issuer required to
file an annual report under subsection (a) shall disclose in any
proxy statement and any information statement relating to the
election of directors filed with the Commission the following:
‘‘(A) Demographic data, based on voluntary self-identi-
fication, on the racial, ethnic, gender identity, and sexual
orientation composition of—
‘‘(i) the board of directors of the issuer;
‘‘(ii) nominees for the board of directors of the issuer;
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and
‘‘(iii) the executive officers of the issuer.
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17
‘‘(B) The status of any member of the board of directors
of the issuer, any nominee for the board of directors of the
issuer, or any executive officer of the issuer, based on vol-
untary self-identification, as a veteran.
‘‘(C) Whether the board of directors of the issuer, or any
committee of that board of directors, has, as of the date on
which the issuer makes a disclosure under this paragraph,
adopted any policy, plan, or strategy to promote racial,
ethnic, and gender diversity among—
‘‘(i) the board of directors of the issuer;
‘‘(ii) nominees for the board of directors of the issuer;
or
‘‘(iii) the executive officers of the issuer.
‘‘(3) ALTERNATIVE SUBMISSION.—In any 1-year period in
which an issuer required to file an annual report under sub-
section (a) does not file with the Commission a proxy state-
ment or an information statement relating to the election of di-
rectors, the issuer shall disclose the information required
under paragraph (2) in the first annual report of issuer that
the issuer submits to the Commission after the end of that 1-
year period.
‘‘(4) ANNUAL REPORT.—Not later than 18 months after the
date of enactment of this subsection, and annually thereafter,
the Commission shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives, and
publish on the website of the Commission, a report that ana-
lyzes the information disclosed under paragraphs (2) and (3)
and identifies any trends with respect to such information.
‘‘(5) BEST PRACTICES.—
‘‘(A) IN GENERAL.—The Director of the Office of Minority
and Women Inclusion of the Commission shall, not later
than 3 years after the date of enactment of this subsection,
and every 3 years thereafter, publish best practices for
compliance with this subsection.
‘‘(B) COMMENTS.—The Director of the Office of Minority
and Women Inclusion of the Commission may, pursuant to
subchapter II of chapter 5 of title 5, United States Code,
solicit public comments related to the best practices pub-
lished under subparagraph (A).’’.
SEC. 603. DIVERSITY ADVISORY GROUP.
(a) DEFINITIONS.—For the purposes of this section:
(1) ADVISORY GROUP.—The term ‘‘Advisory Group’’ means the
Diversity Advisory Group established under subsection (b).
(2) COMMISSION.—The term ‘‘Commission’’ means the Securi-
ties and Exchange Commission.
(3) ISSUER.—The term ‘‘issuer’’ has the meaning given the
term in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(b) ESTABLISHMENT.—The Commission shall establish a Diversity
Advisory Group, which shall be composed of representatives from—
(1) the Federal Government and State and local govern-
ments;
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(2) academia; and
(3) the private sector.
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(c) STUDY AND RECOMMENDATIONS.—The Advisory Group shall—
(1) carry out a study that identifies strategies that can be
used to increase gender identity, racial, ethnic, and sexual ori-
entation diversity among members of boards of directors of
issuers; and
(2) not later than 270 days after the date on which the Advi-
sory Group is established, submit to the Commission, the Com-
mittee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Financial Services of the House of Rep-
resentatives a report that—
(A) describes any findings from the study conducted
under paragraph (1); and
(B) makes recommendations regarding strategies that
issuers could use to increase gender identity, racial, ethnic,
and sexual orientation diversity among board members.
(d) ANNUAL REPORT.—Not later than 1 year after the date on
which the Advisory Group submits the report required under sub-
section (c)(2), and annually thereafter, the Commission shall sub-
mit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House
of Representatives a report that describes the status of gender
identity, racial, ethnic, and sexual orientation diversity among
members of the boards of directors of issuers.
(e) PUBLIC AVAILABILITY OF REPORTS.—The Commission shall
make all reports of the Advisory Group available to issuers and the
public, including on the website of the Commission.
(f) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
with respect to the Advisory Group or the activities of the Advisory
Group.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PHILLIPS
OF MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 9, after line 10, insert the following:
SEC. 105. STUDY ON SHAREHOLDER COLLECTIVE ACTION.
Not later than 1 year after the date of the enactment of this Act,
the Securities and Exchange Commission shall—
(1) conduct a study on—
(A) the emergence, viability, and significance of coali-
tions of shareholders who wish to preserve and promote
critical employment and ESG standards;
(B) whether and to what extent shareholder collective
action—
(i) occurs; and
(ii) has implications with respect to filing require-
ments under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.); and
(C) any possible anticompetitive activities associated
with shareholder collective action; and
(2) submit to Congress a report that includes—
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(A) the findings of the study conducted under paragraph
(1);
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19
(B) guidance, which may include an approved list, of
shareholder engagement activities that are not considered
to involve questions of corporate control; and
(C) recommendations on regulatory safe harbors for en-
gagement with respect to sustainability guardrails and
similar restrictions on portfolio company conduct with a
goal of—
(i) preserving economic justice, environmental sys-
tems, and social institutions; and
(ii) otherwise protecting the common interests of cor-
porate shareholders and stakeholders.
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHRIER
OF WASHINGTON OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
TITLE VI—OTHER MATTERS
SEC. 601. STUDY AND REPORT ON SMALL BUSINESSES AND ESG DIS-
CLOSURES.
(a) IN GENERAL.—Not later than 1 year after the date of the en-
actment of this Act, the Securities and Exchange Commission, in
coordination with the Director of the Office of the Advocate for
Small Business Capital Formation and the Investor Advocate of the
Office of the Investor Advocate, shall—
(1) conduct a study on the issues small businesses face with
respect to complying with disclosure requirements related to
environmental, social, and governance metrics; and
(2) submit a report to Congress that includes—
(A) the results of the study required under paragraph
(1); and
(B) recommendations with respect to small business
compliance with such disclosure requirements.
(b) DEFINITION OF SMALL BUSINESS.—In this section, the term
‘‘small business’’ has the meaning given the term ‘‘small business
concern’’ under section 3 of the Small Business Act (15 U.S.C. 632).
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WEXTON
OF VIRGINIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
TITLE VI—UYGHUR FORCED LABOR
DISCLOSURE
SEC. 601. SHORT TITLE.
This division may be cited as the ‘‘Uyghur Forced Labor Disclo-
sure Act’’.
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SEC. 602. 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), as amended by section 502, is further
amended by adding at the end the following:
‘‘(w) DISCLOSURE OF CERTAIN ACTIVITIES RELATING TO THE
XINJIANG UYGHUR AUTONOMOUS REGION.—
‘‘(1) IN GENERAL.—Not later than the end of the 180-day pe-
riod 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 re-
port 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 en-
tity to import—
‘‘(i) manufactured goods, including electronics, food
products, textiles, shoes, auto parts, polysilicon, and
teas, that are sourced from or through the XUAR;
‘‘(ii) manufactured goods containing materials that
are sourced from or through the XUAR; or
‘‘(iii) goods manufactured by an entity engaged in
labor transfers from the XUAR;
‘‘(B) with respect to any goods or materials described
under subparagraph (A), whether the goods or material
originated in forced labor camps; and
‘‘(C) with respect to each manufactured good or material
described under subparagraph (A)—
‘‘(i) the nature and extent of the commercial activity
related to such good or material;
‘‘(ii) the gross revenue and net profits, if any, attrib-
utable to the good or material; and
‘‘(iii) whether the issuer or the affiliate of the issuer
intends to continue with such importation.
‘‘(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) 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) issue a report to Congress containing the re-
sults of the assessment required under clause (i).
‘‘(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 Com-
mission of the disclosure requirements under this sub-
section.
‘‘(4) DEFINITIONS.—In this subsection:
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‘‘(A) FORCED LABOR CAMP.—The term ‘forced labor camp’
means—
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21
‘‘(i) any entity engaged in the ‘mutual pairing assist-
ance’ program which subsidizes the establishment of
manufacturing facilities in XUAR;
‘‘(ii) any entity using convict labor, forced labor, or
indentured labor described under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307); and
‘‘(iii) any other entity that the Commission deter-
mines is appropriate.
‘‘(B) XUAR.—The term ‘XUAR’ means the Xinjiang
Uyghur Autonomous Region.’’.
(b) REPEAL.—The amendment made by this section shall be re-
pealed 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 (in-
cluding the Office of the Law Revision Council) a determina-
tion that the Government of the People’s Republic of China has
ended mass internment, forced labor, and any other gross vio-
lations of human rights experienced by Uyghurs, Kazakhs,
Kyrgyz, and members of other persecuted groups in the
Xinjiang Uyghur Autonomous Region.
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PLASKETT
OF VIRGIN ISLANDS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 41, line 8, insert ‘‘means’’ after ‘‘ ‘tax jurisdiction’ ’’.
Page 41, line 9, strike ‘‘means’’.
Page 41, beginning line 9, strike ‘‘or a jurisdiction that is not a
country but that has fiscal autonomy; and’’ and insert ‘‘; or’’.
Page 41, strike lines 12 through 14.
Page 41, after line 11, insert the following:
‘‘(ii) a jurisdiction that is not a country but that has
fiscal autonomy.’’.
Æ
dlhill on DSK120RN23PROD with HEARINGS
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