S.Amdt. 441

SA 441. Mr. COTTON (for himself, Ms. Lummis, and Mrs. Britt)
submitted an amendment intended to be proposed by him to the bill S.
2226, to authorize appropriations for fiscal year 2024 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:

At the appropriate place in subtitle D of title XII, insert
the following:

SEC. ___. PROHIBITION ON PURCHASE OF PUBLIC OR PRIVATE REAL
ESTATE LOCATED IN THE UNITED STATES BY CITIZENS
AND ENTITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

(a) In General.--
(1) Prohibition.--Notwithstanding any other provision of
law, the President shall take such actions as may be
necessary--
(A) to prohibit the purchase, on or after the date of the
enactment of this Act, of public or private real estate
located in the United States by--
(i) any citizen of the People's Republic of China;
(ii) any covered foreign entity; or
(iii) any foreign person acting for or on behalf of the
Chinese Communist Party, a covered foreign entity, or a
citizen of the People's Republic of China; and
(B) if the President determines that the ownership, as of
such date of enactment, by a person described in clause (i),
(ii), or (iii) of subparagraph (A) of real estate located in
the United States poses a national security risk to the
United States, to require the sale of such real estate by not
later than the date that is one year after such date of
enactment.
(2) Exceptions.--
(A) Exception for refugees.--Paragraph (1) does not apply
with respect to a citizen of the People's Republic of China
who--
(i) entered the United States as a refugee (as defined in
section 101(a)(42) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(42))); or
(ii) was granted asylum or withholding of removal under
section 208 or 241(b)(3) that Act (8 U.S.C. 1158 and
1231(b)(3)).
(B) Exception for property of united states nationals.--
Paragraph (1)(B) does not apply with respect to the sale of
real estate owned or otherwise held for personal use by a
United States citizen or an alien lawfully admitted for
permanent residence to the United States.
(b) Definitions.--In this section:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity--
(A) acting on behalf of or otherwise directed by the
Government of the People's Republic of China or the Chinese
Communist Party;
(B) that--
(i) is organized under the laws of the People's Republic of
China;
(ii) has a principal place of business in the People's
Republic of China; or
(iii) is owned or controlled by, or otherwise subject to
the jurisdiction of, the Government of the People's Republic
of China or the Chinese Communist Party; or
(C) that is a subsidiary of an entity described in
subparagraph (B).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United
States.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
(c) Penalty Amount Under Agricultural Foreign Investment
Disclosure Act of 1978.--Section 3(b) of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502(b))
is amended by striking ``exceed 25 percent of'' and inserting
``be less than 10 percent, or exceed 25 percent, of''.
______