HR1134-119

2. Restrictions on consular and diplomatic posts built or owned by certain entities The Secretary of State (in this section referred to as the Secretary) shall take such steps as may be necessary to avoid or minimize— acquiring or leasing a covered building— with respect to which a covered entity performed covered construction on or after January 1, 1949; or in which a covered entity has an ownership interest; or entering into or renewing a contract or other agreement with a covered entity to perform covered construction with respect to a covered building. The Secretary shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate— not later than 7 days before entering into an acquisition, lease, or agreement after the date of enactment of this Act that the Secretary is aware is inconsistent with the restriction under subsection (a); and not later than 7 days after becoming aware of an acquisition, lease, or agreement occurring after the date of enactment of this Act that is inconsistent with the restriction under subsection (a). The notification required under paragraph (1) shall also include, to the extent applicable— a determination of whether the inconsistent acquisition, lease, or agreement is in the national security interest of the United States; an identification of the interest advanced by such inconsistent action; a detailed explanation for such determination; and any action the Secretary has taken or intends to take to mitigate national security vulnerabilities that may be posed by such inconsistent action. In this section: The term covered building means a building that is used or intended to be used by personnel, or for a function, of a consular or diplomatic post located outside of the United States. The term covered construction— means any construction, development, conversion, extension, alteration, repair, or maintenance performed with respect to a building; and includes the installation or maintenance of electrical, plumbing, heating, ventilation, air conditioning, communication, fire protection, and energy management systems with respect to such building. The term covered entity means an entity with respect to which the Government of the People’s Republic of China, or an agent or instrumentality of the Government of the People’s Republic of China, directly or indirectly, including through any contract, arrangement, understanding, or relationship— owns or controls a significant percent of the ownership interest; or otherwise exercises substantial control.