Sec. 5203. Imposition of sanctions with respect to activities of the People's Republic of China undermining cybersecurity, including cyber attacks on United States Government or private sector networks

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On and after the date that is 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the President shall— identify each foreign person that the President determines— knowingly engages in significant activities undermining cybersecurity against any person, including a democratic institution, or governmental entity on behalf of the Government of the People's Republic of China; is owned or controlled by, or acts or purports to act for or on behalf of, directly or indirectly, a person described in subparagraph (A); or knowingly materially assists, sponsors, or provides financial, material, or technological support for, or goods or services in support of— an activity described in subparagraph (A); or a person described in subparagraph

(A)or

(B)the property and interests in property of which are blocked pursuant to this section; impose the sanctions described in subsection

(b)with respect to each individual identified under paragraph (1); and impose 5 or more of the sanctions described in subsection

(c)with respect to each entity identified under paragraph (1). The sanctions to be imposed under subsection (a)(2) with respect to an individual are the following: The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the individual 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. An alien described in subsection (a)(1) is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). An alien described in subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. A revocation under clause

(i)shall— take effect pursuant to section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ); and cancel any other valid visa or entry documentation that is in the alien’s possession. The sanctions to be imposed under subsection (a)(3) with respect to an entity are the following: The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the entity. The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the entity under— the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ); or any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. The President may prohibit any United States financial institution from making loans or providing credits to the entity totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the entity. The following prohibitions may be imposed against the entity if the entity is a financial institution: Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph

(A)or

(B)shall be treated as one sanction for purposes of subsection (a)(3), and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of subsection (a)(3). The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the entity. The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the entity has any interest. The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the entity. The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the entity has any interest; dealing in or exercising any right, power, or privilege with respect to such property; or conducting any transaction involving such property. The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the entity. The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the entity. The President may impose on the principal executive officer or officers of the entity, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. The President may waive the imposition of sanctions under this section with respect to a foreign person if the President— determines that such a waiver is in the national security interests of the United States; and not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. In this section, the term significant activities undermining cybersecurity includes— significant efforts— to deny access to or degrade, compromise, disrupt, or destroy an information and communications technology system or network; or to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for purposes of— conducting influence operations; or causing a significant misappropriation of funds, economic resources, trade secrets, personal identifications, or financial information for commercial or competitive advantage or private financial gain; significant destructive malware attacks; or significant denial of service activities.

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Sec. 5203

Imposition of sanctions with respect to activities of the People's Republic of China undermining cybersecurity, including cyber attacks on United States Government or private sector networks

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