Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB1136 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 1136
55 To direct the President to take such actions as may be necessary to prohibit
66 the purchase of public or private real estate located in the United
77 States by citizens and entities of the People’s Republic of China, and
88 for other purposes.
99 IN THE SENATE OF THE UNITED STATES
1010 MARCH30, 2023
1111 Mr. C
1212 OTTON(for himself and Mrs. BRITT) introduced the following bill; which
1313 was read twice and referred to the Committee on Foreign Relations
1414 A BILL
1515 To direct the President to take such actions as may be
1616 necessary to prohibit the purchase of public or private
1717 real estate located in the United States by citizens and
1818 entities of the People’s Republic of China, and for other
1919 purposes.
2020 Be it enacted by the Senate and House of Representa-1
2121 tives of the United States of America in Congress assembled, 2
2222 SECTION 1. SHORT TITLE. 3
2323 This Act may be cited as the ‘‘Not One More Inch 4
2424 or Acre Act’’. 5
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2727 •S 1136 IS
2828 SEC. 2. PROHIBITION ON PURCHASE OF PUBLIC OR PRI-1
2929 VATE REAL ESTATE LOCATED IN THE UNITED 2
3030 STATES BY CITIZENS AND ENTITIES OF THE 3
3131 PEOPLE’S REPUBLIC OF CHINA. 4
3232 (a) I
3333 NGENERAL.—Notwithstanding any other provi-5
3434 sion of law, the President shall take such actions as may 6
3535 be necessary— 7
3636 (1) to prohibit the purchase, on or after the 8
3737 date of the enactment of this Act, of public or pri-9
3838 vate real estate located in the United States by— 10
3939 (A) any citizen of the People’s Republic of 11
4040 China; 12
4141 (B) any covered foreign entity; or 13
4242 (C) any foreign person acting for or on be-14
4343 half of the Chinese Communist Party, a covered 15
4444 foreign entity, or a citizen of the People’s Re-16
4545 public of China; and 17
4646 (2) if the President determines that the owner-18
4747 ship, as of such date of enactment, by a person de-19
4848 scribed in subparagraph (A), (B), or (C) of para-20
4949 graph (1) of real estate located in the United States 21
5050 poses a national security risk to the United States, 22
5151 to require the sale of such real estate by not later 23
5252 than the date that is one year after such date of en-24
5353 actment. 25
5454 (b) E
5555 XCEPTIONS.— 26
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5858 •S 1136 IS
5959 (1) EXCEPTION FOR REFUGEES .—Subsection 1
6060 (a) does not apply with respect to a citizen of the 2
6161 People’s Republic of China who— 3
6262 (A) entered the United States as a refugee 4
6363 (as defined in section 101(a)(42) of the Immi-5
6464 gration and Nationality Act (8 U.S.C. 6
6565 1101(a)(42))); or 7
6666 (B) was granted asylum or withholding of 8
6767 removal under section 208 or 241(b)(3) that 9
6868 Act (8 U.S.C. 1158 and 1231(b)(3)). 10
6969 (2) E
7070 XCEPTION FOR PROPERTY OF UNITED 11
7171 STATES NATIONALS .—Subsection (a)(2) does not 12
7272 apply with respect to the sale of real estate owned 13
7373 or otherwise held for personal use by a United 14
7474 States citizen or an alien lawfully admitted for per-15
7575 manent residence to the United States. 16
7676 (c) D
7777 EFINITIONS.—In this section: 17
7878 (1) C
7979 OVERED FOREIGN ENTITY .—The term 18
8080 ‘‘covered foreign entity’’ means an entity— 19
8181 (A) acting on behalf of or otherwise di-20
8282 rected by the Government of the People’s Re-21
8383 public of China or the Chinese Communist 22
8484 Party; 23
8585 (B) that— 24
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8888 •S 1136 IS
8989 (i) is organized under the laws of the 1
9090 People’s Republic of China; 2
9191 (ii) has a principal place of business 3
9292 in the People’s Republic of China; or 4
9393 (iii) is owned or controlled by, or oth-5
9494 erwise subject to the jurisdiction of, the 6
9595 Government of the People’s Republic of 7
9696 China or the Chinese Communist Party; or 8
9797 (C) that is a subsidiary of an entity de-9
9898 scribed in subparagraph (B). 10
9999 (2) F
100100 OREIGN PERSON.—The term ‘‘foreign per-11
101101 son’’ means an individual or entity that is not a 12
102102 United States person. 13
103103 (3) U
104104 NITED STATES.—The term ‘‘United 14
105105 States’’ means the several States, the District of Co-15
106106 lumbia, the Commonwealth of Puerto Rico, the Com-16
107107 monwealth of the Northern Mariana Islands, Amer-17
108108 ican Samoa, Guam, the United States Virgin Is-18
109109 lands, and any other territory or possession of the 19
110110 United States. 20
111111 (4) U
112112 NITED STATES PERSON .—The term 21
113113 ‘‘United States person’’ means— 22
114114 (A) a United States citizen or an alien law-23
115115 fully admitted for permanent residence to the 24
116116 United States; or 25
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119119 •S 1136 IS
120120 (B) an entity organized under the laws of 1
121121 the United States or any jurisdiction within the 2
122122 United States, including a foreign branch of 3
123123 such an entity. 4
124124 SEC. 3. PENALTY AMOUNT UNDER AGRICULTURAL FOR-5
125125 EIGN INVESTMENT DISCLOSURE ACT OF 1978. 6
126126 Section 3(b) of the Agricultural Foreign Investment 7
127127 Disclosure Act of 1978 (7 U.S.C. 3502(b)) is amended 8
128128 by striking ‘‘exceed 25 percent of’’ and inserting ‘‘be less 9
129129 than 10 percent, or exceed 25 percent, of’’. 10
130130 Æ
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