S.Amdt. 2748

SA 2748. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr.
McCain) and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

In section 1702(b), strike paragraphs (2) through (5) and
insert the following:
(2) the potential national security-related effects of the
cumulative market share of or a pattern of recent
transactions in any one type of infrastructure, energy asset,
critical material, critical technology, or media or
entertainment platform by foreign persons;
(3) whether any foreign person that would acquire an
interest in a United States business or its assets as a
result of a transaction has a history of complying with
United States laws and regulations;
(4) the extent to which a transaction is likely to expose,
either directly or indirectly, personally identifiable
information, genetic information, or other sensitive data of
United States citizens to access by a foreign government or
foreign person that may exploit that information in a manner
that threatens national security; and
(5) whether a transaction is likely to have the effect of
exacerbating or creating new cybersecurity vulnerabilities in
the United States or is likely to result in a foreign
government gaining a significant new capability to engage in
malicious cyber-enabled activities against the United States,
to undermine media freedoms, or to facilitate the employment
of foreign disinformation, propaganda campaigns, or influence
operations against the United States, including such
activities designed to affect the outcome of any election for
Federal office.
(c) Report on Transactions With Censorship Implications.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Committee on Foreign
Investment in the United States shall submit to Congress a
report on investments by foreign persons in the entertainment
and information sectors of the United States that includes an
analysis of the extent to which such investments have
resulted in or could result in direct or indirect censorship,
including self-censorship, within the United States.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(d) Report on Efforts to Coordinate Screening of Sensitive
Investments With Allies.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of State shall, in
coordination with the Committee on Foreign Investment in the
United States, submit to Congress a report on ongoing efforts
of the United States to assist countries that are members of
the North Atlantic Treaty Organization or the European Union
in the development and synchronization of best practices,
standards, and processes to screen investments by countries
of special concern in critical technology or critical
infrastructure that would affect national security interests
shared by the United States and such member countries.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(3) Definitions.--In this subsection, the terms ``country
of special concern'', ``critical technology'', and ``critical
infrastructure'' have the meanings given those terms in
section 721(a) of the Defense Production Act of 1950, as
amended by section 1703.
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