[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3038 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3038

  To require the review by the Committee on Foreign Investment in the 
  United States of greenfield investments by the People's Republic of 
                                 China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

  Mr. Kennedy introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the review by the Committee on Foreign Investment in the 
  United States of greenfield investments by the People's Republic of 
                                 China.

    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 ``Exposing China's Belt and Road 
Investment in America Act of 2021''.

SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES 
              OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF CHINA.

    (a) Inclusion in Definition of Covered Transaction.--Section 
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) 
is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) any transaction described in 
                        subparagraph (B)(vi) proposed or pending on or 
                        after the date of the enactment of this 
                        clause.''; and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(vi) An investment by a foreign person 
                        that--
                                    ``(I) involves--
                                            ``(aa) the completed or 
                                        planned purchase or lease by, 
                                        or a concession to, the foreign 
                                        person of private or public 
                                        real estate in the United 
                                        States; and
                                            ``(bb) the establishment of 
                                        a United States business to 
                                        operate a factory or other 
                                        facility on that real estate; 
                                        and
                                    ``(II) could result in control, 
                                including through formal or informal 
                                arrangements to act in concert, of that 
                                United States business by--
                                            ``(aa) the Government of 
                                        the People's Republic of China;
                                            ``(bb) a person owned or 
                                        controlled by, or acting on 
                                        behalf of, that Government;
                                            ``(cc) an entity in which 
                                        that Government has, directly 
                                        or indirectly, including 
                                        through formal or informal 
                                        arrangements to act in concert, 
                                        a 5 percent or greater 
                                        interest;
                                            ``(dd) an entity in which 
                                        that Government has, directly 
                                        or indirectly, the right or 
                                        power to appoint, or approve 
                                        the appointment of, any members 
                                        of the board of directors, 
                                        board of supervisors, or an 
                                        equivalent governing body 
                                        (including external directors 
                                        and other individuals who 
                                        perform the duties usually 
                                        associated with such titles) or 
                                        officers (including the 
                                        president, senior vice 
                                        president, executive vice 
                                        president, and other 
                                        individuals who perform duties 
                                        normally associated with such 
                                        titles) of any other entity 
                                        that held, directly or 
                                        indirectly, including through 
                                        formal or informal arrangements 
                                        to act in concert, a 5 percent 
                                        or greater interest in the 
                                        entity in the preceding 3 
                                        years; or
                                            ``(ee) an entity in which 
                                        any members or officers 
                                        described in item (dd) of any 
                                        other entity holding, directly 
                                        or indirectly, including 
                                        through formal or informal 
                                        arrangements to act in concert, 
                                        a 5 percent or greater interest 
                                        in the entity are members of 
                                        the Chinese Communist Party or 
                                        have been members of the 
                                        Chinese Communist Party in the 
                                        preceding 3 years.''.
    (b) Definition of Government of People's Republic of China.--
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 
4565(a)) is amended--
            (1) by redesignating paragraphs (8) through (13) as 
        paragraphs (9) through (14), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(7) Government of people's republic of china.--The term 
        `Government of the People's Republic of China' includes the 
        national and subnational governments within the People's 
        Republic of China, including any departments, agencies, or 
        instrumentalities of such governments.''.
    (c) Mandatory Filing of Declarations.--Section 
721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 
U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the 
following:

                                                    ``(DD) Greenfield 
                                                investments by people's 
                                                republic of china.--The 
                                                parties to a covered 
                                                transaction described 
                                                in subsection 
                                                (a)(4)(B)(vi) shall 
                                                submit a declaration 
                                                described in subclause 
                                                (I) with respect to the 
                                                transaction.''.

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