[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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''.
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