,,ii #aahth ,,congress #b;d ,session ,s4 #dehf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjbd,mr4 ,scott of ,florida introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to prevent the funding of malign activities of the ,chinese ,communist ,party though the sale of ,a-,shares on certain securities exchanges controlled by the ,chinese ,communist ,party by prohibiting the purchase1 sale1 and ownership of such securities by ,united ,states investors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,funding the ,,ccp through ,a-,shares ,act4 #b4 ,findings2 purposes 7a7 ,basis of findings ,the findings set forth in subsection 7b7 are based on facts disclosed by-- 7#a7 ,executive ,order #aciei1 ,executive ,order #acigd1 and ,executive ,order #adjcb 7#ej ,u4,s4,c4 #agja note2 relating to addressing the threat from securities investments that finance certain companies of the ,people's ,republic of ,china72 7#b7 the record and reports of-- 7,a7 the ,united ,states-,china ,economic and ,security ,review ,commission with respect to the national security implications of the bilateral economic and financial relationship between the ,united ,states and the ,people's ,republic of ,china under section #abch7;b77#b7 of the ,floyd ,d4 ,spence ,national ,defense ,authorization ,act for ,fiscal ,year #bjja 7as enacted into law by ,public ,law #ajf-cih2 #bb ,u4,s4,c4 #gjjb7;b77#b772 7,b7 the ,congressional-,executive ,commission on the ,people's ,republic of ,china with respect to the acts of the ,people's ,republic of ,china that reflect compliance with or violation of human rights and the development of the rule of law in the ,people's ,republic of ,china under title ,,iii of the ,u4,s4-,china ,relations ,act of #bjjj 7#bb ,u4,s4,c4 #fiaa et seq472 and 7#c7 the annual threat assessment of the intelligence community under section #ajh;,b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjdc;b72 7#d7 the annual report of the ,department of ,defense on military and security developments involving the ,people's ,republic of ,china under section #abjb of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj 7,public ,law #ajf-fe2 #aj ,u4,s4,c4 #aac note72 7#e7 the annual ,country ,reports on ,human ,rights ,practices of the ,department of ,state2 and 7#f7 facts otherwise disclosed and ascertained4 7b7 ,findings ,congress finds that investments in securities listed on certain securities exchanges in the ,people's ,republic of ,china adversely affect the public interest of the ,united ,states and the interest of ,united ,states investors1 in that1 among other things-- 7#a7 the ideology1 goals1 and actions of the ,chinese ,communist ,party are inimical to the national security1 economic security1 fundamental values1 and liberty of the ,united ,states and citizens of the ,united ,states2 7#b7 all governmental1 economic1 business1 and social institutions in the ,people's ,republic of ,china are effectively instrumentalities of the ,chinese ,communist ,party1 as reflected in the ,party's charter1 which states1 ,government1 the military1 society and schools1 north1 south1 east and west--the party leads them all1 and are utilized by the ,chinese ,communist ,party to achieve its goals1 paramount among which are staying in power and vanquishing the ,united ,states as the world's leading superpower2 7#c7 among those institutions is the ,people's ,liberation ,army1 an instrumentality of the ,chinese ,communist ,party reporting to the ,central ,military ,commission of the ,chinese ,communist ,party2 7#d7 the core mission of the ,people's ,liberation ,army is to sustain the ,chinese ,communist ,party's grip on power1 as was demonstrated by the ,chinese ,communist ,party's use of the ,people's ,liberation ,army in putting down the pro-democracy demonstrations of #aihi2 7#e7 the ,chinese ,communist ,party is actively undermining the national security of the ,united ,states through a massive buildup of the military capabilities of the ,people's ,liberation ,army and increasingly aggressive actions by military and paramilitary actors2 7#f7 the ,chinese ,communist ,party supports the buildup of those capabilities through a program of military-civil fusion under which ,chinese companies and researchers must share technology and equipment with the ,chinese military1 with the goal of ensuring that the ,people's ,liberation ,army achieves global military dominance by #bjdi2 7#g7 those companies1 known as ,chinese military industrial-complex companies1 although often representing themselves as private and civilian1 are1 in fact1 directly supporting the ,chinese ,communist ,party's military1 intelligence1 and security apparatuses and providing aid in their development and modernization2 7#h7 the ,chinese military industrial-complex companies raise substantial capital by selling securities to ,united ,states institutional and individual investors2 7#i7 the ,chinese military industrial-complex companies increasingly do so by listing their securities for sale on the ,shanghai and ,shenzhen stock exchanges1 which are self-proclaimed instrumentalities of the ,chinese ,communist ,party and are regulated by the ,china ,securities ,regulatory ,commission1 which is also an instrumentality of the ,chinese ,communist ,party1 and securities so listed are commonly referred to as ,a-,shares2 7#aj7 in addition to ,chinese military industrial-complex companies1 those exchanges are replete with listings of securities of-- 7,a7 ,chinese military industrial-complex companies not included on ,united ,states sanctions lists2 7,b7 subsidiaries of such companies that are not included on ,united ,states sanctions lists2 7,c7 companies denied access to ,united ,states technology and equipment because those entities support the development1 production1 and deployment of military items for use by military end-users1 including the ,chinese armed forces1 national guard1 national police1 and government intelligence organizations2 7,d7 companies specializing in advanced weapons technologies that represent an unusual and extraordinary threat to the national security of the ,united ,states2 7,e7 companies managing the ,people's ,republic of ,china's nuclear weapons program and the expansion of that program2 7,f7 companies building the ,people's ,liberation ,army ,air ,force's next-generation fighters and bombers2 7,g7 companies central to the ,people's ,republic of ,china's naval buildup of aircraft carriers1 surface ships1 and submarines2 7,h7 companies conducting the construction and militarization of artificial islands in the ,south ,china ,sea2 and 7,i7 companies involved in the development and use of surveillance technology to facilitate repression and egregious human rights abuses and advance the ideology and strategic goals of the ,chinese ,communist ,party domestically and internationally2 7#aa7 investment of ,united ,states capital by ,united ,states investors in the securities of companies listed on those exchanges has increased dramatically through the inclusion of those securities in indices published by major index providers and in investment products tracking those indexes offered by the most prominent asset managers in the ,united ,states2 7#ab7 investment of ,united ,states capital by ,united ,states investors through those exchanges in the securities of those companies1 which directly support the efforts of the military1 intelligence1 and other security apparatuses of the ,people's ,republic of ,china1 and in other entities indirectly contributing to the development of these apparatuses by their contribution to the country's economy1 presents an unusual and extraordinary threat to the national security1 foreign policy1 ,united ,states investor community1 and economy of the ,united ,states1 constituting a national emergency2 7#ac7 investment of ,united ,states capital by ,united ,states investors in securities listed on those exchanges also supports1 both indirectly through general economic support1 and directly through the operations of specific companies1 the ,chinese ,communist ,party's ongoing engagement of widespread1 systematic1 and egregious violations of human rights1 including-- 7,a7 pursuit of a relentless campaign against the ,uyghurs in the ,xinjiang ,uyghur ,autonomous ,region in the western ,people's ,republic of ,china1 characterized by the ,united ,states ,department of ,state as one of genocide1 involving forced labor1 rape1 compulsory sterilization1 and organ harvesting1 all of which continue1 despite the enactment of the ,act entitled ,an ,act to ensure that goods made with forced labor in the ,xinjiang ,autonomous ,region of the ,people's ,republic of ,china do not enter the ,united ,states market1 and for other purposes1 approved ,december #bc1 #bjba 7,public ,law #aag-gh2 #ace ,stat4 #aebe7 7commonly referred to as the ,uyghur ,forced ,labor ,prevention ,act71 which was intended to block goods made with ,uyghur forced labor from entering the ,united ,states2 7,b7 continued pursuit of the decades-long campaign to eradicate ,tibet's unique religious1 ethnic1 cultural1 and linguistic identity1 with ,tibetans living in a virtual police state and facing severe restrictions of their human rights and fundamental freedoms1 including freedom of religion or belief2 7,c7 pursuit of a #e-year plan to bring all religious doctrine and practice in line with ,communist ,party doctrine1 including forbidding youth from participating in religious activities and implementation of mass detention camps that indoctrinate detainees in ,chinese ,communist ,party ideology and force renunciation of faith and subjecting individuals found violating the laws and regulations controlling religion to harassment1 surveillance1 interrogation1 arrest1 beatings1 sentences to prison1 detention1 or disappearance2 7,d7 strict control of all domestic news reporting and the telecommunications infrastructure1 ensuring that only information matching the ,chinese ,communist ,party's desired narrative is shared1 through the blocking of websites1 mass deletion of posts and user accounts1 and imposition of severe punishment on those who dare speak out2 7,e7 arbitrary arrest of those who do not conform to ,chinese ,communist ,party ideology1 with those brave enough to speak out subject to prolonged and secret detention without access to legal counsel or the ability to communicate with their families1 and the use of such arrests and the terror they deliberately instill as tools in the ,chinese ,communist ,party's arsenal to maintain unchallenged power over people2 7,f7 operation of a factory system in which occupational safety and health violations are prevalent and working and living conditions in factories with adjacent dormitories are tantamount to forced labor camps1 including1 in the ,xinjiang ,uyghur ,autonomous ,region1 the subsidization by the ,chinese ,communist ,party of ,chinese companies to set up factories near detention camps in the region and to transfer camp victims and others from rural areas to factories in other parts of the region and throughout the ,people's ,republic of ,china to work as forced labor under the guise of vocational training and poverty alleviation programs2 and 7,g7 imposition of a similar regime of systemic repression on the people of ,hong ,kong1 in violation of promises to the contrary1 including enactment of draconian national security legislation that provides for up to life in prison for the ambiguously defined crimes of secession1 subversion1 terrorism1 and collusion with foreign powers1 removal of books critical of the ,chinese ,communist ,party from bookstore and library shelves1 banning democratic political slogans1 and requiring schools to enforce censorship of teachers and students2 7#ad7 investment of ,united ,states capital by ,united ,states investors in securities listed on exchanges described in paragraph 7#i7 also benefits companies engaged in or benefitting from the ,chinese ,communist ,party's implementation1 through instrumentalities it controls1 of unfair and malicious economic and commercial practices1 including-- 7,a7 intellectual property theft and coerced transfer of intellectual property in exchange for market access2 7,b7 abuse of international trade rules and fora2 7,c7 campaigns to monopolize targeted industries and destroy competitors via state subsidization of capital and inputs1 import protections and export incentives1 and exploitation of labor and the environment2 7,d7 appropriation of fishery and mineral rights of other countries through means of intimidation and coercion by military and paramilitary actors2 and 7,e7 international exploitation and destruction of mineral and fishery resources1 and associated labor abuses2 and 7#ae7 investment of ,united ,states capital by ,united ,states investors in securities listed on those exchanges also poses a substantial1 and intolerable1 risk to ,united ,states investors arising from-- 7,a7 the refusal of the ,china ,securities ,regulatory ,commission to accept normal accounting standards in its capital markets for any securities1 preventing third-party auditors from knowing whether a ,chinese company is adhering to the generally accepted accounting principles guidelines required of securities traded on ,united ,states stock exchanges2 and 7,b7 the failure of ,chinese publicly traded companies to engage in adequate material risk disclosure1 publish their financial information1 implement the rule of law1 and adopt accepted corporate governance standards4 7c7 ,purposes ,the purposes of this ,act are to mitigate and1 to the extent feasible1 to eliminate the conditions described in subsection 7b71 which adversely affect the public interest of the ,united ,states and the interests of ,united ,states investors4 #c4 ,prohibited acts 7a7 ,definitions ,in this section3 7#a7 ,acting in a professional capacity ,the term acting in a professional capacity includes acting as-- 7,a7 a member 7as defined in section #c7;a77#c77;,a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#c77;,a777 of a national securities exchange2 7,b7 a member 7as defined in section #c7;a77#c77;,b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a77#c77;,b777 of a registered securities association2 or 7,c7 an associated person of a member 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a777 described in subparagraph 7,a7 or 7,b74 7#b7 ,assignment ,the term assignment has the meaning given the term in section #b7;a7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#b7;a774 7#c7 ,commerce ,the term commerce has the meaning given the term in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd74 7#d7 ,covered exchange ,the term covered exchange means-- 7,a7 the ,shanghai ,stock ,exchange 7or any subsidiary of that exchange72 7,b7 the ,shenzhen ,stock ,exchange 7or any subsidiary of that exchange72 7,c7 the ,beijing ,stock ,exchange 7or any subsidiary of that exchange72 or 7,d7 any other national exchange1 or subsidiary of such an exchange1 that is subject to the influence or control of the ,party ,committee of the ,china ,securities ,regulatory ,commission1 other than the ,stock ,exchange of ,hong ,kong4 7#e7 ,covered security ,the term covered security means a security that-- 7,a7 as of the date on which a covered transaction is executed with respect to the security1 is listed on a covered exchange2 7,b7 is derivative of a security described in subparagraph 7,a72 or 7,c7 is designed to provide investment exposure to a security described in subparagraph 7,a74 7#f7 ,covered transaction ,the term covered transaction means a purchase1 sale1 or assignment4 7#g7 ,engage in ,the term engage in1 with respect to a transaction1 means to order1 approve1 or otherwise perform any act in furtherance of that transaction4 7#h7 ,purchase2 sale2 security ,the terms purchase1 sale1 and security have the meanings given those terms in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#i7 ,u4,s4 person ,the term ,u4,s4 person has the meaning given the term in section #abj4fb of title #bb1 ,code of ,federal ,regulations1 or any successor regulation4 7#aj7 ,willfully ,the term willfully1 with respect to an action1 means that the action is taken voluntarily and intentionally in violation of a known legal duty4 7b7 ,prohibition 7#a7 ,in general ,except for the purposes of complying with paragraph 7#b71 beginning on the date of enactment of this ,act1 it shall be unlawful for any ,u4,s4 person to make use of the mails or any means or instrumentality of commerce to engage in a covered transaction with respect to a covered security4 7#b7 ,divestment required ,not later than #ahj days after the date of enactment of this ,act1 each ,u4,s4 person shall divest of all covered securities held by the ,u4,s4 person4 7c7 ,penalties ,a ,u4,s4 person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section shall be subject to any of the following penalties3 7#a7 ,a civil penalty in an amount not to exceed the greater of-- 7,a7 #bej1jjj2 or 7,b7 an amount that is twice the amount of the covered transaction that is the basis of the violation with respect to which the penalty is imposed4 7#b7 ,with respect to a ,u4,s4 person that willfully violates1 willfully attempts to violate1 willfully conspires to violate1 or willfully aids or abets in the commission of a violation of this section1 a criminal penalty as follows3 7,a7 ,if that ,u4,s4 person is an individual not acting in a professional capacity1 a fine of not more than #a1jjj1jjj1 a term of imprisonment of not more than #e years1 or both4 7,b7 ,if that ,u4,s4 person is an individual acting in a professional capacity1 a fine of not more than #e1jjj1jjj1 a term of imprisonment of not more than #bj years1 or both4 7,c7 7i7 ,if that ,u4,s4 person is an organization1 including any entity described in clause 7ii71 a fine of not more than #be1jjj1jjj4 7ii7 ,an entity described in this clause is any of the following3 7,i7 ,an investment company1 as defined in section #c of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c74 7,,ii7 ,a bank1 broker1 dealer1 exchange1 insurance company1 investment banker1 underwriter1 savings and loan association1 business development company1 commodity pool1 commodity pool operator1 commodity trading advisor1 major swap participant1 swap dealer1 or swap execution facility1 as those terms are defined in section #b7;a7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#b7;a774 7,,iii7 ,an investment adviser1 as defined in section #bjb7;a7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b7;a774 7,,iv7 ,a market intermediary1 as defined in section #c7;c77#b77;,b77i7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#b77;,b77i774 7,v7 ,a fund described in section #c7;c77#aj77;,b7 of the ,investment ,company ,act of #aidj 7#ae ,u4,s4,c4 #hj;a-#c7;c77#aj77;,b774 7,,vi7 ,a qualified pension1 profit-sharing1 or stock bonus plan described in section #dja of the ,internal ,revenue ,code of #aihf4 7,,vii7 ,an individual retirement account1 as defined in section #djh7;a7 of the ,internal ,revenue ,code of #aihf4 7,,viii7 ,a tax credit employee stock ownership plan1 as defined in section #dji7;a7 of the ,internal ,revenue ,code of #aihf4 #d4 ,reports to ,congress 7a7 ,in general ,in accordance with subsection 7b71 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,commerce1 the ,secretary of ,state1 the ,secretary of ,defense1 the ,assistant to the ,president for ,national ,security ,affairs1 and the ,director of ,national ,intelligence1 shall submit to ,congress a report on1 for the period covered by the report-- 7#a7 the extent of mitigation and elimination of the conditions described in section #b7;b72 and 7#b7 the extent of the occurrence of the conditions described in section #b7;b7 with respect to securities listed on the ,stock ,exchange of ,hong ,kong4 7b7 ,frequency of submission ,the ,secretary of the ,treasury shall submit to ,congress a report described in subsection 7a7-- 7#a7 not later than #ij days after the date of enactment of this ,act2 7#b7 not later than #ahj days after the date of enactment of this ,act2 and 7#c7 once every #ahj days after the date on which the ,secretary submits the report required under paragraph 7#b7 of this subsection4 #e4 ,annual report on ,united ,states portfolio investments in the ,people's ,republic of ,china 7a7 ,definitions ,in this section3 7#a7 ,chinese entity ,the term ,chinese entity means an entity organized under the laws of the ,people's ,republic of ,china or otherwise subject to the jurisdiction of the ,government of the ,people's ,republic of ,china4 7#b7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of the ,treasury shall submit to ,congress a report on portfolio investments by ,united ,states persons in the ,people's ,republic of ,china1 including such investments routed through a jurisdiction outside the ,united ,states4 7c7 ,elements ,each report required by subsection 7b7 shall include an assessment of the involvement of the following in portfolio investments in the ,people's ,republic of ,china3 7#a7 ,united ,states persons making such investments1 including an assessment of-- 7,a7 the types of ,united ,states persons making such investments1 including ,state pension funds2 and 7,b7 ,united ,states persons making more than #b percent of the total of such investments in a year4 7#b7 ,chinese entities receiving such investments1 including an assessment of-- 7,a7 such entities in individual sectors of the economic of the ,people's ,republic of ,china1 including the housing sector2 7,b7 any ,chinese entities subject to sanctions imposed by the ,united ,states receiving such investments2 and 7,c7 ,chinese entities that receive more than #ajj1jjj1jjj from such investments4 7d7 ,period covered ,the period covered by a report required by subsection 7b7 shall be-- 7#a7 in the case of the first such report1 the period beginning on ,january #a1 #bjjh1 and ending on the date of the report2 and 7#b7 in the case of each subsequent such report1 the #a-year period preceding submission of the report4 #f4 ,coordination 7a7 ,in general ,the ,secretary of the ,treasury and the ,securities and ,exchange ,commission may coordinate to carry out this ,act4 7b7 ,coordination on imposition of criminal penalties ,for the purposes of carrying out section #c7;c77#b71 the ,secretary of the ,treasury and the ,securities and ,exchange ,commission may coordinate with the ,attorney ,general4