[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5286 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5286
To establish a Chinese Corporate Human Rights Abusers List, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 17, 2021
Mr. Perry introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Armed Services, and Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a Chinese Corporate Human Rights Abusers List, 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; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Protecting
Americans from Corporate Human Rights Abusers Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; purpose.
TITLE I--CHINESE CORPORATE HUMAN RIGHTS ABUSERS LIST
Sec. 101. Findings.
Sec. 102. Definitions; report on Chinese corporate human rights abusers
with securities traded by United States
persons.
Sec. 103. Chinese Corporate Human Rights Abusers List; sanctions.
TITLE II--SANCTIONS AGAINST COMMUNIST CHINESE MILITARY COMPANIES,
CHINESE MILITARY COMPANIES, AND CHINESE MILITARY-INDUSTRIAL COMPLEX
COMPANIES
Sec. 201. Definitions.
Sec. 202. Sanctions for communist Chinese military companies and
Chinese military companies.
Sec. 203. Limitation on judicial review.
(c) Purpose.--The purpose of this Act is to codify into law the
provisions of Executive Order 14032 of June 3, 2021 (86 Fed. Reg.
30145; relating to Addressing the Threat From Securities Investments
That Finance Certain Companies of the People's Republic of China), as
in effect on the date of the enactment of this Act.
TITLE I--CHINESE CORPORATE HUMAN RIGHTS ABUSERS LIST
SEC. 101. FINDINGS.
Congress finds the following:
(1) In its 2020 report to Congress, the bipartisan United
States-China Economic and Security Review Commission issued the
following key findings:
(A) As Beijing strategically opens its financial
sector to secure foreign capital and global investment
indices shift asset allocations toward Chinese
securities, United States investors' exposure to the
unique and significant risks accumulated in China's
capital markets rises. These risks center around the
opacity of China's financial system and Beijing's
interference in market activity to advance its
political objectives.
(B) Increased financial exposure to China threatens
to undermine the efforts of the United States to defend
against China's unfair economic practices and protect
the policy interests of the United States. Several
Chinese companies included in global investment indices
are subject to United States export controls but not
investment restrictions. This mismatch enables
problematic Chinese companies to continue raising
United States capital and reduces the strength with
which the United States can defend against companies
that threaten national security.
(C) Beijing continues to deny United States audit
regulators full visibility into the financials of U.S.-
listed Chinese companies in line with United States
accounting standards. These evasions from effective
regulation and oversight, together with United States-
listed Chinese companies' complex ownership structures,
deprive United States investors of both full
transparency and the opportunity for legal redress in
cases of accounting fraud, eroding the integrity of
United States capital markets.
(2) The Chinese Communist Party's commitment to their
Military-Civil Fusion development strategy, which supports the
modernization goals of the People's Liberation Army (PLA) by
ensuring its access to advanced technologies and expertise
acquired and developed by even those Chinese companies,
universities, and research programs that appear to be civilian
entities, remains a grave threat to the national security of
the United States.
(3) The efforts of the Government of the United States to
stymie China's utilization of United States capital markets is
an ongoing, multi-agency, and decades-long effort. The
colloquially titled Section 1237 List of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999, as
well as the Section 1260H List of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, both highlight companies who pose a serious threat to the
national security of the United States.
(4) On June 3, 2021, the Department of Defense released a
list of 47 entities identified as Chinese military companies
operating in the United States in accordance with section 1260H
of the William M. (``Mac'') Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(5) On January 14, 2021, the Department of Defense released
the names of additional ``Communist Chinese military
companies'' operating directly or indirectly in the United
States in accordance with the statutory requirement of section
1237 of the National Defense Authorization Act for Fiscal Year
1999. Those companies included: Advanced Micro-Fabrication
Equipment Inc. (AMEC), Luokung Technology Corp. (LKCO), Xiaomi
Corporation, Beijing Zhongguancun Development Investment
Center, GOWIN Semiconductor Corp, Grand China Air Co. Ltd.
(GCAC), Global Tone Communication Technology Co. Ltd. (GTCOM),
China National Aviation Holding Co. Ltd. (CNAH), and Commercial
Aircraft Corporation of China, Ltd. (COMAC).
(6) On March 12, 2021, the United States District Court for
the District of Columbia issued an order in Xiaomi Corporation
v. Department of Defense (Case No. 1:21-cv-00280-RC) that
forestalled the Defense Department's designation of the Xiaomi
Corporation as a Communist Chinese military company. On May 6,
2021, the Nasdaq-listed Luokung Technology Corporation became
the second China-based company to avoid sanctions imposed under
Executive Order 13959. These companies have been able to avoid
sanctions because the Chinese Communist Party actively blocks
United States Government agencies from obtaining information
relevant to determining the ownership and control of China-
based enterprises.
(7) Several Chinese military or military related companies,
as well as surveillance and technology companies, including
Hikvision, a major manufacturer of video surveillance
equipment, materially contribute to either the ongoing genocide
in Xinjiang or to other gross violations of internationally
recognized human rights across the People's Republic of China
(PRC).
(8) On January 19, 2021, then-Secretary of State Michael R.
Pompeo determined that the Chinese Communist Party (CCP) has
committed genocide against the predominantly Muslim Uyghurs and
other ethnic and religious minority groups in Xinjiang.
(9) Then-Secretary Pompeo's designation cited the State
Department's exhaustive documentation of CCP human rights
abuses in Xinjiang, indicating that ``since at least March
2017, local authorities dramatically escalated their decades-
long campaign of repression against Uyghur Muslims and members
of other ethnic and religious minority groups, including ethnic
Kazakhs and ethnic Kyrgyz''.
(10) The genocide determination also cited the CCP's
regular dehumanization of the Uyghur people in Xinjiang,
including by labeling them as ``malignant tumors'', citing the
Islamic faith as a ``communicable plague'', and justifying the
grotesque treatment of the Uyghur people in stark, unsettling
terms: ``you can't uproot all the weeds hidden among the crops
in the field one-by-one; you need to spray chemicals to kill
them all''.
(11) On April 21, 2021, the United States House Committee
on Foreign Affairs approved without objection H.R. 1155, which
affirmed that the PRC, since 2017, has arbitrarily detained as
many as 1.8 million Uyghurs, Kazakhs, Kyrgyz, and members of
other Muslim minority groups in a system of extrajudicial mass
internment camps, in addition to arbitrarily detaining many in
formal prisons and detention centers, and has subjected
detainees to forced labor, torture, political indoctrination,
and other severe human rights abuses.
(12) The State Department's January 2021 genocide
designation further cited the forced sterilization of Uyghur
and other minority women, with the purpose of eliminating the
minority population in Xinjiang.
(13) Media reporting has documented widespread and systemic
efforts by PRC authorities to force Uyghur women to take
contraceptives or to subject them to sterilization or abortion,
threatening to detain those who do not comply.
(14) In many detention facilities and labor camps across
the PRC, Falun Gong prisoners of conscience have at times
comprised the majority of the population, and have been said to
receive the longest sentences and the worst treatment,
including torture.
(15) The persecution and killing of religious and political
prisoners for any purpose, including for the purpose of selling
their organs for transplant, is an egregious and intolerable
violation of the fundamental right to life.
(16) On November 18, 2020, the United States House of
Representatives approved without objection H. Res. 697, which
``affirms the cultural and religious significance of the goal
of genuine autonomy for the people of Tibet and the deep bond
between the American and Tibetan people''.
(17) The Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 established, with respect to Tibet, the following
sense of Congress: ``It is the policy of the United States to
oppose aggression and other illegal uses of force by one
country against the sovereignty of another as a manner of
acquiring territory, and to condemn violations of international
law, including the illegal occupation of one country by
another.''.
(18) Protecting United States capital markets against PRC-
based companies that support the PLA's modernization efforts or
else aid and abet grotesque and barbaric violations of
internationally recognized human rights is a national security
imperative.
(19) As argued by the Uyghur Human Rights Project: ``[It
is] still legal for shareholders to make profits from ownership
of these complicit Chinese companies, some of which are
publicly traded, including through `emerging markets' indexes.
It is time for much more serious action: no U.S. persons should
be permitted to hold the stocks and bonds of the Chinese
companies that are under U.S. human rights sanctions.''.
SEC. 102. DEFINITIONS; REPORT ON CHINESE CORPORATE HUMAN RIGHTS ABUSERS
WITH SECURITIES TRADED BY UNITED STATES PERSONS.
(a) Definitions.--In this title:
(1) Affiliate.--The term ``affiliate''--
(A) has the meaning given such term in section
230.405 of title 17, Code of Federal Regulations (as in
effect on the date of the enactment of this Act);
(B) means a person that is closely associated with
another person typically in a dependent or subordinate
position; or
(C) means a person that has a common purpose or
shared characteristics with another person.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Armed
Services of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, the Committee on
Financial Services, and the Committee on Armed Services
of the House of Representatives.
(3) Covered entity.--The term ``covered entity''--
(A) means an entity identified in the report
required by subsection (b); and
(B) includes any affiliate of such entity.
(4) Entity.--The term ``entity'' means a government or
instrumentality of such government, partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization.
(5) Person.--The term ``person'' means an individual or
entity.
(6) PRC.--The term ``PRC'' means the People's Republic of
China.
(7) Publicly traded securities.--The term ``publicly traded
securities'' includes any security (as defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78)),
denominated in any currency that trades on a securities
exchange or through the method of trading that is commonly
referred to as ``over-the-counter'', in any jurisdiction.
(8) Transaction.--The term ``transaction'' means the
purchase for value, or sale, of any publicly traded security.
(9) United states person.--The term ``United States
person'' means--
(A) any United States citizen, permanent resident
alien, or entity (including foreign branches) organized
under the laws of the United States or any jurisdiction
within the United States; or
(B) any person in the United States.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 5 years,
the Secretary of State, in consultation with the Director of
National Intelligence and the Secretary of the Treasury, shall
submit to the appropriate committees of Congress a report that
describes the risks posed to the United States by the presence
in United States capital markets of entities incorporated in
the PRC, or entities owned, controlled, or are entitled to a
share of the profits of entities incorporated in the PRC.
(2) Matters to be included.--The report required by
paragraph (1) shall--
(A) identify entities described in paragraph (1)--
(i) whose shares are publicly traded by
United States persons;
(ii) based on the factors for consideration
described in paragraph (3), have knowingly and
materially contributed to--
(I) activities that both undermine
and pose an unusual and extraordinary
threat to the national security,
foreign policy, or economy of the
United States;
(II) serious abuses of
internationally recognized human
rights; or
(III) a substantially increased
financial risk exposure for United
States-based investors;
(B) describe the activities of entities identified
pursuant to subparagraph (A) and the implications of
such activities for the United States;
(C) develop policy recommendations for the United
States Government, State governments, United States
financial institutions, United States equity and debt
exchanges, and other relevant stakeholders to address
the risks posed by the presence in United States
capital markets of entities identified pursuant to
subparagraph (A); and
(D) identify entities described in paragraph (1)
that are included on the entity list.
(3) Factors for consideration.--The factors for
consideration described in this paragraph, with respect to an
entity, are whether or the extent to which the entity--
(A) has materially contributed to the development
or manufacture, or sold or facilitated procurement by
the People's Liberation Army (PLA), of military
equipment or component parts of such equipment;
(B) has contributed to the construction and
militarization of features in the South China Sea;
(C) has been sanctioned by the United States or has
been determined to have conducted business with
sanctioned entities;
(D) has engaged in an act or a series of acts of
intellectual property theft;
(E) has engaged in corporate or economic espionage;
(F) has contributed to the proliferation of nuclear
or missile technology in violation of United Nations
Security Council resolutions or United States
sanctions;
(G) has contributed to the repression of distinct
religious and ethnic groups, including in the Uyghur or
Tibet Autonomous Regions;
(H) has contributed to the repression of pro-
democracy activists, journalists, and publishers in
Hong Kong and throughout the PRC;
(I) has contributed to the development of
technologies that enable censorship directed or
directly supported by the PRC government;
(J) has failed to comply fully with--
(i) the securities laws (as defined in
section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c));
(ii) a required audit by the Public Company
Accounting Oversight Board; or
(iii) a material risk disclosure
requirement of the Securities and Exchange
Commission; or
(K) has contributed to other activities or behavior
determined to be relevant by the President.
(4) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(5) Publication.--The unclassified portion of the report
required by paragraph (1) shall be made accessible to the
public online through publication on a relevant United States
Government website and in the Federal Register.
(6) Entity list defined.--
(A) In general.--In paragraph (2)(D), the term
``entity list'' means the list maintained and set forth
in Supplement No. 4 to part 744 of the Export
Administration Regulations.
(B) Export administration regulations defined.--In
subparagraph (A), the term ``Export Administration
Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of
Federal Regulations, or successor regulations.
SEC. 103. CHINESE CORPORATE HUMAN RIGHTS ABUSERS LIST; SANCTIONS.
(a) Chinese Corporate Human Rights Abusers List.--
(1) In general.--The Secretary of State, acting through the
Under Secretary of State for Civilian Security, Democracy, and
Human Rights and the head of the Office of the Under Secretary
of State for Arms Control and International Security, shall,
based on the most recent information available, identify each
covered entity that--
(A) is engaged in, complicit in, or otherwise
responsible for, directly or indirectly, gross
violations of internationally recognized human rights
or serious human rights abuses in the PRC; or
(B) undermines or poses an unusual and
extraordinary threat to the national security, foreign
policy, or economy of the United States, or otherwise
presents an increased financial risk exposure for
United States-based investors.
(2) List.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until December
31, 2030, the Secretary of State shall submit to appropriate
committees of Congress a list, to be known as the ``Chinese
Corporate Human Rights Abusers List'', that--
(A) includes each covered entity identified
pursuant to paragraph (1); and
(B) includes, as applicable, an explanation as to
why a covered entity that was previously identified
pursuant to paragraph (1) is no longer so identified.
(3) Form.--The list required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Publication.--The unclassified portion of the list
required by paragraph (2) shall be made accessible to the
public online through publication on a relevant United States
Government website and in the Federal Register.
(5) Transmission to other federal officials.--The Secretary
of State shall, concurrently with the submission of the list
required by paragraph (2), transmit a copy of such list to the
Secretary of the Treasury, and the Director of National
Intelligence. The Secretary of State shall also transmit a copy
of such list to the Director of the Office of Foreign Assets
Control of the Department of the Treasury for immediate
implementation of the sanctions described in subsection (b)
against those covered entities included on such list.
(6) Revisions to list.--The Secretary of State shall make
additions or deletions to the most recent list required by
paragraph (2) on an ongoing basis based on the latest
information available.
(7) Consultation.--The Secretary may consult with the head
of any appropriate Federal department or agency in making the
determinations described in paragraph (1) and shall transmit a
copy of the list required by paragraph (2) to the head of any
such Federal department or agency for purposes of such
consultation.
(b) Sanctions.--
(1) In general.--The purchase or sale by a United States
person of any publicly traded securities, or any publicly
traded securities that are derivative of such securities or are
designed to provide investment exposure to such securities, of
any covered entity designated by the Secretary of State for
placement on the Chinese Corporate Human Rights Abusers List is
prohibited.
(2) Effective date.--The prohibitions in paragraph (1)
shall take effect:
(A) Beginning at 12:01 a.m. eastern daylight time
on August 2, 2021, with respect to any covered entity
included on the list required by subsection (a)(2) on
such date.
(B) Beginning at 12:01 a.m. eastern daylight time
on the date that is 60 days after the date of the
determination in subsection (a) with respect to any
covered entity subsequently included on the list
required by subsection (a)(2).
(3) Divestment.--The purchase or sale of publicly traded
securities described in paragraph (1) made solely to effect the
divestment, in whole or in part, of such securities by a United
States person is permitted prior to:
(A) 12:01 a.m. eastern daylight time on June 3,
2022, with respect to any covered entity included on
the list required by subsection (a)(2) on such date.
(B) 12:01 a.m. eastern daylight time on the date
that is 365 days after the date of the determination in
subsection (a) with respect to any covered entity
subsequently included on the list required by
subsection (a)(2).
(4) Rule of application.--This subsection shall apply
except to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued pursuant to
this Act, and notwithstanding any contract entered into or any
license or permit granted before the date of this Act.
(5) Evasion of sanctions.--
(A) In general.--The following actions are
prohibited:
(i) Any transactions 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 prohibitions set forth in this Act.
(ii) Any conspiracy formed to violate any
of the prohibitions set forth in this Act.
(B) Penalties.--The authorization provided in
paragraph (6) may be used to apply penalties provided
for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C.
1705) with respect to a person that knowingly violates,
attempts to violate, conspires to violate, or causes a
violation of regulations promulgated under paragraph
(6) to the same extent that such penalties apply to a
person that knowingly commits an unlawful act described
in section 206(a) of that Act.
(6) Authorization.--
(A) In general.--The Secretary of the Treasury,
after consultation with the Secretary of State, the
Secretary of Defense, the Director of National
Intelligence, and the heads of other executive
departments and agencies as deemed appropriate by the
Secretary of the Treasury, is hereby authorized to take
such actions, including the promulgation of rules and
regulations, and to employ all powers granted to the
President by the International Emergency Economic
Powers Act, to carry out the purposes of this title.
The Secretary of the Treasury may, consistent with
applicable law, redelegate any of these functions
within the Department of the Treasury. All departments
and agencies shall take all appropriate measures within
their authority to carry out the provisions of this
Act.
(B) Rules and regulations.--Rules and regulations
issued pursuant to this Act may, among other things,
establish procedures to license transactions otherwise
prohibited pursuant to this Act. But prior to issuing
any license under this Act, the Secretary of the
Treasury shall consult with the Secretary of State, the
Secretary of Defense, and the Director of National
Intelligence.
TITLE II--SANCTIONS AGAINST COMMUNIST CHINESE MILITARY COMPANIES,
CHINESE MILITARY COMPANIES, AND CHINESE MILITARY-INDUSTRIAL COMPLEX
COMPANIES
SEC. 201. DEFINITIONS.
In this title:
(1) Affiliate.--The term ``affiliate''--
(A) has the meaning given such term in section
230.405 of title 17, Code of Federal Regulations (as in
effect on the date of the enactment of this Act);
(B) means a person that is closely associated with
another person typically in a dependent or subordinate
position; or
(C) means a person that has a common purpose or
shared characteristics with another person.
(2) Communist chinese military company.--The term
``Communist Chinese military company''--
(A) has the meaning given such term in section 1237
of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C.
1701 note); and
(B) includes any affiliate of such company.
(3) Chinese military company; military-civil fusion
contributor.--The terms ``Chinese military company'' and
``military-civil fusion contributor''--
(A) have the meanings given such terms in section
1260H of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283); and
(B) include any affiliate of such company or
contributor.
(4) Section 102 terms.--The terms ``person'', ``publicly
traded security'', and ``United States person'' have the
meanings given such terms, respectively, in section 102.
(5) Section 1237 list.--The term ``Section 1237 List''
means the list required by section 1237 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999.
(6) Section 1260h list.--The term ``Section 1260H List''
means the list required by section 1260H of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021.
SEC. 202. SANCTIONS FOR COMMUNIST CHINESE MILITARY COMPANIES AND
CHINESE MILITARY COMPANIES.
(a) Authorization.--The Secretary of Defense is authorized to
include a covered entity on the Section 1237 List or the Section 1260H
List.
(b) Prohibitions.--
(1) In general.--
(A) Purchase or sale of certain securities
prohibited.--The purchase or sale by a United States
person of any publicly traded securities, or any
publicly traded securities that are derivative of such
securities or are designed to provide investment
exposure to such securities, of any person described in
subparagraph (B) is prohibited.
(B) Persons described.--A person described in this
subparagraph is--
(i) a company designated by the Office of
Foreign Assets Control on the Non-SDN Chinese
Military-Industrial Complex Companies List,
including any affiliate of such company;
(ii) a Communist Chinese military company
listed on the Section 1237 List;
(iii) any person that was designated as a
Communist Chinese military company on June 2,
2021, in accordance with section 1237(b) of the
Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (50 U.S.C. 1701 note);
or
(iv) a Chinese military company or a
military-civil fusion contributor listed on the
Section 1260H List.
(2) Effective date.--The prohibitions in paragraph (1)
shall take effect:
(A) Beginning at 12:01 a.m. eastern daylight time
on August 2, 2021, with respect to a person designated
or listed on a List described in paragraph (1)(B) on
such date.
(B) With respect to a person not described in
subparagraph (A), beginning at 12:01 a.m. eastern
daylight time on the date that is 60 days after a
person is designated or listed on a List described in
paragraph (1)(B).
(3) Divestment.--The purchase or sale of publicly traded
securities described in subsection (b)(1) made solely to effect
the divestment, in whole or in part, of such securities by a
United States person is permitted prior to:
(A) 12:01 a.m. eastern daylight time on June 3,
2022, with respect to any person described in paragraph
(2)(A).
(B) 12:01 a.m. eastern daylight time on the date
that is 365 days after the date a person is designated
or listed on a List described in paragraph (1)(B).
(4) Rule of application.--This subsection shall apply
except to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued pursuant to
this Act, and notwithstanding any contract entered into or any
license or permit granted before the date of this Act.
(5) Evasion of prohibitions.--
(A) In general.--The following actions are
prohibited:
(i) Any transactions 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 prohibitions set forth in this Act.
(ii) Any conspiracy formed to violate any
of the prohibitions set forth in this Act.
(B) Penalties.--The authorization provided in
subsection (e) may be used to apply penalties provided
for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C.
1705) with respect to a person that knowingly violates,
attempts to violate, conspires to violate, or causes a
violation of regulations promulgated under subsection
(e) to the same extent that such penalties apply to a
person that knowingly commits an unlawful act described
in section 206(a) of that Act.
(c) Revisions to Lists.--The Secretary of Defense is authorized to
make additions or deletions to the Section 1237 List and the Section
1260H List on an ongoing basis based on the latest information
available.
(d) Transmission to Other Federal Officials.--The Secretary of
Defense shall, concurrently with the publication of the Section 1237
List and the Section 1260H List, transmit a copy of such lists to the
Secretary of State, the Secretary of the Treasury, and the Director of
National Intelligence. The Secretary of Defense shall also transmit a
copy of lists to the Director of the Office of Foreign Assets Control
of the Department of the Treasury for immediate implementation of the
prohibitions described in subsection (b) against those covered entities
included on such lists.
(e) Authorization.--
(1) In general.--The Secretary of the Treasury, after
consultation with the Secretary of State, the Secretary of
Defense, the Director of National Intelligence, and the heads
of other executive departments and agencies as deemed
appropriate by the Secretary of the Treasury, is hereby
authorized to take such actions, including the promulgation of
rules and regulations, and to employ all powers granted to the
President by the International Emergency Economic Powers Act,
to carry out the purposes of this section. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions within the Department of the Treasury. All
departments and agencies shall take all appropriate measures
within their authority to carry out the provisions of this
section.
(2) Rules and regulations.--Rules and regulations issued
pursuant to this section may, among other things, establish
procedures to license transactions otherwise prohibited
pursuant to this section. But prior to issuing any license
under this section, the Secretary of the Treasury shall consult
with the Secretary of State, the Secretary of Defense, and the
Director of National Intelligence.
SEC. 203. LIMITATION ON JUDICIAL REVIEW.
(a) Decision by Secretary of State.--The decision of the Secretary
of State as to any question regarding the inclusion of a covered entity
on the list required by section 103(a) shall be final and conclusive
and may not be reviewed by any other official or by any court, whether
by action in the nature of mandamus or otherwise.
(b) Decision by Secretary of Defense.--The decision of the
Secretary of Defense as to any question regarding the inclusion of a
Communist Chinese military company, a Chinese military company, or a
military-civil fusion contributor on either the lists described in
section 1237 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note) or in
section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) may not be
reviewed by any official or by any court, whether by action in the
nature of mandamus or otherwise.
(c) Decision by Secretary of the Treasury.--The decision of the
Secretary of Treasury, after consultation with the Secretary of State
and the Secretary of Defense, as to any question regarding the
inclusion of an entity on the Office of Foreign Assets Control's Non-
SDN Chinese Military-Industrial Complex Companies List shall be final
and conclusive and may not be reviewed by any other official or by any
court, whether by action in the nature of mandamus or otherwise.
(d) Rules and Regulations Promulgated by the Secretary of the
Treasury.--The rules and regulations promulgated by the Secretary of
the Treasury under sections 103(b)(6) and 202(e) shall be final and not
subject to any further agency review or to judicial review by any court
(including under chapter 7 of title 5, United States Code).
<all>