PolicyBrief
S. 1360
119th CongressApr 8th 2025
Protecting American Capital Act of 2025
IN COMMITTEE

Mandates an annual report from the Treasury Secretary to Congress detailing U.S. portfolio investments in Chinese entities, assessing the involvement of U.S. investors and the Chinese entities receiving funds, including those under sanctions.

Rick Scott
R

Rick Scott

Senator

FL

LEGISLATION

New Bill Mandates Annual Report on US Investments in China, Tracking Capital Flow Back to 2008

Congress is looking to get a clearer picture of where American money is flowing into China. The "Protecting American Capital Act of 2025" requires the Treasury Secretary to produce an annual report detailing portfolio investments made by U.S. persons and entities into the People's Republic of China. This isn't just about direct investments; the report also needs to track funds routed through other countries. The first report is set to be a deep dive, covering the period from January 1, 2008, up to the reporting date.

Following the Money Trail

So, what exactly will these reports show? Think of it as a detailed map of U.S. investment activity in China. The bill, specifically Section 2, mandates tracking who is investing – identifying the types of U.S. persons involved, including state pension funds, and flagging any single U.S. person responsible for over 2% of the total annual investment. It also requires identifying where the money is going. This includes pinpointing Chinese entities in specific sectors (like housing), noting any investments going to Chinese entities currently under U.S. sanctions, and listing any Chinese entity receiving over $100 million from U.S. investors in a given year. The goal here seems to be transparency – understanding the scale and nature of U.S. financial exposure in China, including potential ties to sanctioned organizations or strategically important sectors.

What Could This Mean in Practice?

For everyday folks, the most direct connection might be through things like state pension funds. If your state's retirement fund invests heavily in entities that end up flagged in these reports, it could spark debate about investment strategies. The bill defines a "United States person" broadly (citizens, permanent residents, U.S.-organized entities) and a "Chinese entity" quite widely too (organized under PRC law or subject to its jurisdiction). While the bill itself just mandates reporting, not restrictions, this level of scrutiny could potentially influence future investment decisions or even lead to tighter regulations down the road. The requirement to look back to 2008 means uncovering potentially sensitive historical investment patterns. It’s essentially creating a detailed public record, intended to help policymakers assess potential economic or national security risks tied to these financial flows.