[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3386 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3386

To require the Committee on Foreign Investment in the United States to 
  consider whether a foreign person that is a party to a transaction 
 undergoing review by the Committee is connected to a foreign country 
that has installed information and communications technology designed, 
developed, manufactured, or supplied by persons owned or controlled by, 
 or subject to the jurisdiction or direction of, a foreign adversary, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2020

     Mr. Cotton (for himself, Mr. Cruz, Mr. Hawley, and Mr. Rubio) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Committee on Foreign Investment in the United States to 
  consider whether a foreign person that is a party to a transaction 
 undergoing review by the Committee is connected to a foreign country 
that has installed information and communications technology designed, 
developed, manufactured, or supplied by persons owned or controlled by, 
 or subject to the jurisdiction or direction of, a foreign adversary, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting America From Foreign 
Investors Compromised by the Chinese Communist Party Act of 2020''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) foreign investment provides substantial economic 
        benefits to the United States, including the promotion of 
        economic growth, productivity, competitiveness, and job 
        creation, thereby enhancing national security;
            (2) maintaining the commitment of the United States to an 
        open investment policy encourages other countries to 
        reciprocate and helps open new foreign markets for United 
        States businesses;
            (3) it should continue to be the policy of the United 
        States to enthusiastically welcome and support foreign 
        investment, consistent with the protection of national 
        security;
            (4) at the same time, the national security landscape has 
        shifted in recent years, and so has the nature of the 
        investments that pose the greatest potential risk to national 
        security; and
            (5) those shifts warranted the modernization of the 
        authorities of the Committee on Foreign Investment in the 
        United States under the Foreign Investment Risk Review 
        Modernization Act of 2018 (subtitle A of title XVII of Public 
        Law 115-232; 132 Stat. 2173).

SEC. 3. MODIFICATION OF REQUIREMENT FOR REGULATIONS DEFINING ``FOREIGN 
              PERSON'' FOR PURPOSES OF COVERED TRANSACTIONS.

    (a) In General.--Section 721(a)(4)(E) of the Defense Production Act 
of 1950 (50 U.S.C. 4565(a)(4)(E)) is amended by striking the third 
sentence and inserting the following: ``Such criteria shall take into 
consideration--
                            ``(i) how a foreign person is connected to 
                        a foreign country or foreign government;
                            ``(ii) whether that foreign country or 
                        foreign government has installed, or allowed 
                        others to install, within its territory 
                        information and communications technology 
                        (including fifth-generation, or future-
                        generation, mobile telecommunications 
                        infrastructure) that is designed, developed, 
                        manufactured, or supplied by persons owned or 
                        controlled by, or subject to the jurisdiction 
                        or direction of, a foreign adversary (as 
                        defined in Executive Order 13873 (50 U.S.C. 
                        1701 note; relating to securing the information 
                        and communications technology and services 
                        supply chain));
                            ``(iii) whether the connection described in 
                        clause (i) may affect the national security of 
                        the United States; and
                            ``(iv) how the installation described in 
                        clause (ii) may affect the national security of 
                        the United States.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Committee on Foreign Investment in the 
United States shall prescribe regulations to carry out the amendment 
made by subsection (a).

SEC. 4. REPORT ON ALTERNATIVES TO FUTURE-GENERATION MOBILE 
              TELECOMMUNICATIONS INFRASTRUCTURE SUPPORTED BY THE 
              GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report describing whether and how the United 
States Government is coordinating with close trade and investment 
partners of the United States to develop alternatives to fifth-
generation, or future-generation, mobile telecommunications 
infrastructure supported by the Government of the People's Republic of 
China.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Commerce, Science, and Transportation, 
        the Committee on Banking, Housing, and Urban Affairs, and the 
        Committee on Foreign Relations of the Senate; and
            (2) the Committee on Energy and Commerce, the Committee on 
        Financial Services, and the Committee on Foreign Affairs of the 
        House of Representatives.
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