[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 1053 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 1053 To protect the national security of the United States by imposing sanctions with respect to certain persons of the People's Republic of China and prohibiting and requiring notifications with respect to certain investments by United States persons in the People's Republic of China, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 13, 2025 Mr. Cornyn (for himself, Ms. Cortez Masto, Mr. Scott of South Carolina, Mr. Schumer, Mr. Sullivan, Ms. Warren, Mr. Hagerty, Mr. Kim, Mr. Ricketts, Ms. Slotkin, Mr. Banks, Mr. Bennet, Mr. McCormick, and Mr. Fetterman) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To protect the national security of the United States by imposing sanctions with respect to certain persons of the People's Republic of China and prohibiting and requiring notifications with respect to certain investments by United States persons in the People's Republic of China, 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; TABLE OF CONTENTS. (a) Short Title.--This title may be cited as the ``Foreign Investment Guardrails to Help Thwart China Act of 2025'' or ``FIGHT China Act of 2025''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Secretary defined. Sec. 3. Severability. Sec. 4. Authorization of appropriations. Sec. 5. Termination. TITLE I--IMPOSITION OF SANCTIONS Sec. 101. Imposition of sanctions. Sec. 102. Definitions. TITLE II--PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS Sec. 201. Prohibition and notification on investments relating to covered national security transactions. TITLE III--SECURITIES AND RELATED MATTERS Sec. 301. Requirements relating to the Non-SDN Chinese Military- Industrial Complex Companies List. SEC. 2. SECRETARY DEFINED. Except as otherwise provided, in this Act, the term ``Secretary'' means the Secretary of the Treasury. SEC. 3. SEVERABILITY. If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and the application of such provision to other persons and circumstances shall not be affected thereby. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $150,000,000 to the Department of the Treasury, out of which amounts may be transferred to the Department of Commerce to jointly conduct outreach to industry and persons affected by this Act, for each of the first two fiscal years beginning on or after the date of the enactment of this Act, to carry out this Act. (b) Hiring Authority.-- (1) By the president.--The President may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 15 individuals directly to positions in the competitive service (as defined in section 2102 of that title) to carry out this Act. (2) By agencies.--The Secretary and the Secretary of Commerce may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service (as defined in section 2102 of that title) of the Department of the Treasury and the Department of Commerce, respectively, to carry out this Act. SEC. 5. TERMINATION. This Act shall cease to have any force or effect on the date on which the Secretary of Commerce revises section 791.4 of title 15, Code of Federal Regulations, to remove the People's Republic of China from the list of foreign adversaries contained in such section. TITLE I--IMPOSITION OF SANCTIONS SEC. 101. IMPOSITION OF SANCTIONS. (a) In General.--The President may impose the sanctions described in subsection (b) with respect to any foreign person determined by the Secretary, in consultation with the Secretary of State, to be a covered foreign person. (b) Sanctions Described.--The President may 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 a foreign person that is determined to be a covered foreign person pursuant to subsection (a) 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. (c) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C. 1705(a)). (d) Exception for Intelligence and Law Enforcement Activities.-- Sanctions under this section shall not apply with respect 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. (e) Exception for United States Government Activities.--Nothing in this section shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. (f) Report to Congress.--Not later than 365 days after the date of the enactment of this Act, and annually thereafter for 7 years, the Secretary shall submit to the appropriate congressional committees a report that-- (1) states whether each foreign person on the Non-SDN Chinese Military-Industrial Complex Companies List is a covered foreign person; and (2) shall be submitted in unclassified form, but may include a classified annex. (g) Consideration of Certain Information in Imposing Sanctions.--In determining whether a foreign person is a covered foreign person, the President-- (1) may consider credible information obtained by other countries, nongovernmental organizations, or the appropriate congressional committees that relates to the foreign person; and (2) may consider any other information that the Secretary deems relevant. (h) Administrative Provisions.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (i) Delegation.--The President shall delegate the authorities granted by this section to the Secretary. SEC. 102. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate. (2) Country of concern.--The term ``country of concern''-- (A) means the People's Republic of China; and (B) includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region. (3) Covered foreign person.--The term ``covered foreign person'' means a foreign person-- (A)(i) that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; (ii) the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern; (iii) that is a member of the Central Committee of the Chinese Communist Party; (iv) that is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; (v) that is subject to the direction or control of any entity described in clause (i), (ii), (iii), or (iv); or (vi) that is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in clause (i), (ii), (iii), or (iv); and (B) that knowingly engaged in significant operations in the defense and related materiel sector or the surveillance technology sector of the economy of a country of concern. (4) Foreign person.--The term ``foreign person'' means a person, country, state, or government (and any political subdivision, agency, or instrumentality thereof) that is not a United States person. (5) Non-SDN chinese military-industrial complex companies list.--The term ``Non-SDN Chinese Military-Industrial Complex Companies List'' means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People's Republic of China), or any successor order. (6) United states person.--The term ``United States person'' means-- (A) any 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 of any jurisdiction within the United States (including any foreign branch of such an entity); or (C) any person in the United States. TITLE II--PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS SEC. 201. PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS. The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following: ``TITLE VIII--PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS ``SEC. 801. PROHIBITION ON INVESTMENTS. ``(a) In General.--The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person from knowingly engaging in a covered national security transaction in a prohibited technology. ``(b) Evasion.--Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited. ``(c) Waiver.--Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States. ``(d) Congressional Notification.--The Secretary shall-- ``(1) notify the appropriate congressional committees not later than 5 business days after issuing a waiver under subsection (c); and ``(2) include in such notification an identification of the national interest justifying the use of the waiver. ``(e) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, may issue regulations to carry out this section in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as `Administrative Procedure Act'). ``(2) Non-binding feedback.-- ``(A) In general.--The regulations issued under paragraph (1) shall include a process under which a person can request non-binding feedback on a confidential basis as to whether a transaction would constitute a covered national security transaction in a prohibited technology. ``(B) Authority to limit frivolous feedback requests.--In establishing the process required by subparagraph (A), the Secretary may prescribe limitations on requests for feedback identified as frivolous for purposes of this subsection. ``(3) Notice and opportunity to cure.-- ``(A) In general.--The regulations issued under paragraph (1) shall account for whether a United States person has self-identified a violation of the prohibition set forth in subsection (a) in determining the legal consequences of that violation. ``(B) Self-disclosure letters.--The regulations issued under paragraph (1) shall dictate the form and content of a letter of self-disclosure, which shall include relevant facts about the violation, why the United States person believes its activity to have violated the prohibition set forth in subsection (a), and a proposal for mitigation of the harm of such action. ``(4) Public notice and comment.--The regulations issued under paragraph (1) shall be subject to public notice and comment. ``(5) Low-burden regulations.--In issuing regulations under paragraph (1), the Secretary shall balance the priority of protecting the national security interest of the United States while, to the extent practicable-- ``(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulations; ``(B) adopting the least burdensome alternative that achieves regulatory objectives; and ``(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules. ``(6) Penalties.-- ``(A) In general.--The regulations issued under paragraph (1) shall provide for the imposition of civil penalties described in subparagraph (B) for violations of the prohibition set forth in subsection (a). ``(B) Penalties described.-- ``(i) Unlawful acts.--It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, notification requirement, or prohibition issued under this section. ``(ii) Civil penalty.--The Secretary may impose a civil penalty on any person who commits an unlawful act described in clause (i) in an amount not to exceed the greater of-- ``(I) $250,000; or ``(II) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. ``(iii) Divestment.--The Secretary may compel the divestment of a covered national security transaction in a prohibited technology determined to be in violation of this title. ``(iv) Relief.--The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this title. ``(7) Burden of proof.--In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary. ``SEC. 802. NOTIFICATION ON INVESTMENTS. ``(a) Mandatory Notification.--Not later than 450 days after the date of the enactment of this title, the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by section 801(a) to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction. ``(b) Regulations.-- ``(1) In general.--Not later than 450 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as `Administrative Procedure Act'). ``(2) Public notice and comment.--The regulations issued under paragraph (1) shall be subject to public notice and comment. ``(3) Low-burden regulations.--In issuing regulations under paragraph (1), the Secretary shall balance the priority of protecting the national security interest of the United States while, to the extent practicable-- ``(A) minimi