This legislation aims to prevent index funds, which include investment companies and hedge funds designed to track securities indices, from investing in companies designated as Chinese companies . The bill provides a comprehensive definition of a "Chinese company," encompassing entities incorporated or organized in the People's Republic of China, those with a majority of assets or employees located there, or those owned, controlled, or subject to the direction of the Chinese government. The definition also extends to companies whose value primarily depends on other Chinese companies or those controlled by them. For index funds holding existing investments in Chinese companies upon the bill's enactment, a 180-day safe harbor period is provided for divestment. Any person violating this prohibition will face substantial civil penalties , which can be up to $250,000 or twice the amount of the transaction that forms the basis of the violation. The Securities and Exchange Commission is authorized to issue rules necessary for the implementation of these provisions.
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Finance and Financial Sector
No China in Index Funds Act
USA119th CongressS-2046| Senate
| Updated: 6/12/2025
This legislation aims to prevent index funds, which include investment companies and hedge funds designed to track securities indices, from investing in companies designated as Chinese companies . The bill provides a comprehensive definition of a "Chinese company," encompassing entities incorporated or organized in the People's Republic of China, those with a majority of assets or employees located there, or those owned, controlled, or subject to the direction of the Chinese government. The definition also extends to companies whose value primarily depends on other Chinese companies or those controlled by them. For index funds holding existing investments in Chinese companies upon the bill's enactment, a 180-day safe harbor period is provided for divestment. Any person violating this prohibition will face substantial civil penalties , which can be up to $250,000 or twice the amount of the transaction that forms the basis of the violation. The Securities and Exchange Commission is authorized to issue rules necessary for the implementation of these provisions.