[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