,,ii #aaith ,,congress #ast ,session ,s4 #adef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aj1 #bjbe,mr4 ,budd 7for himself1 ,mr4 ,cotton1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to establish requirements relating to long-term concessions agreements between the ,secretary of ,defense and retailers controlled by covered nations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,military ,installation ,retail ,security ,act of #bjbe4 #b4 ,prohibition on long-term concessions agreements with retailers controlled by covered nations ,chapter #cfc of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dffd4 ,prohibition on long-term concessions agreements with retailers controlled by covered nations 7a7 ,prohibition on future contracts ,the ,secretary of ,defense may not1 on or after the date of the enactment of this section1 renew1 extend1 or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit the retailer to operate or conduct business through a physical location on a covered military installation unless-- 7#a7 the ,secretary waives the prohibition with respect to the retailer under subsection 7c72 or 7#b7 the ,committee on ,foreign ,investment in the ,united ,states 7in this section referred to as the ,committee7 determines under subsection 7d7 that the operation or conduct of such business by the retailer will not detrimentally affect the national security of the ,united ,states4 7b7 ,treatment of existing contracts 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary shall review each long-term concessions agreement with a covered retailer that permits the retailer to operate or conduct business through a physical location on a covered military installation-- 7,a7 to assess any direct or indirect relationships between the retailer 7including any subsidiaries or parent companies of the covered retailer7 and any covered nation2 and 7,b7 to determine if the retailer is controlled by a covered nation4 7#b7 ,termination ,if the ,secretary determines under paragraph 7#a7 that a covered retailer is controlled by a covered nation1 the ,secretary shall terminate the long-term concessions agreement with the retailer not later than #cj days after making that determination unless-- 7,a7 the ,secretary waives the termination of the agreement under subsection 7c72 or 7,b7 the ,committee determines under subsection 7d7 that the operation or conduct by the retailer of business through a physical location on a covered military installation will not detrimentally affect the national security of the ,united ,states4 7c7 ,waiver 7#a7 ,in general ,the ,secretary may waive the prohibition under subsection 7a7 with respect to a retailer or the requirement to terminate an agreement under subsection 7b7 with a retailer if the ,secretary determines that-- 7,a7 the goods or services to be provided by the retailer are vital for the welfare and morale of members of the ,armed ,forces and no reasonable alternatives exist2 and 7,b7 the ,secretary has implemented adequate measures to mitigate any potential national security risks posed by the retailer4 7#b7 ,report ,not later than #cj days after each use of the waiver authority under paragraph 7#a71 the ,secretary shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report that includes a justification for the use of such authority and a description of any risk mitigation measures implemented under paragraph 7#a77;,b74 7d7 ,review by ,committee on ,foreign ,investment in the ,united ,states of certain retailers controlled by covered nations 7#a7 ,notice required ,not later than #cj days after the date of the enactment of this section1 a covered retailer shall submit to the ,committee a notice that includes a description of any direct or indirect relationships between the retailer 7including any subsidiaries or parent companies of the retailer7 and any covered nation4 7#b7 ,investigation ,the ,committee shall conduct an investigation of the effects on the national security of the ,united ,states of each covered retailer operating or conducting business through a physical location on a covered military installation1 including an assessment of any direct or indirect relationships between the retailer 7including any subsidiaries or parent companies of the retailer7 and any covered nation4 7#c7 ,determination ,not later than #ahj days after completing an investigation under paragraph 7#b7 with respect to a covered retailer1 the ,committee shall submit to the ,secretary a determination with respect to whether the retailer operating or conducting business through a physical location on a covered military installation will detrimentally affect the national security of the ,united ,states4 7#d7 ,annual reports ,a covered retailer that receives a determination under paragraph 7#c7 that the operation or conduct by the retailer of business through a physical location on a covered military installation will not detrimentally affect the national security of the ,united ,states shall submit to the ,committee1 not less frequently than annually1 disclosures regarding any change in the ownership structure of the retailer that may affect whether or not the covered retailer is controlled by a covered nation4 7e7 ,termination ,the ,secretary shall terminate a long-term concession agreement with a covered retailer if the ,secretary determines that the retailer-- 7#a7 has failed to comply with the requirements of subsection 7d72 or 7#b7 has misrepresented the ownership or control of the retailer in order to evade the prohibition under subsection 7a7 or the requirement to terminate an agreement under subsection 7b74 7f7 ,definitions ,in this section3 7#a7 ,the term controlled by a covered nation means1 with respect to a retailer1 that-- 7,a7 the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation2 7,b7 a covered nation owns #bj percent or more of the equity interest in the retailer2 or 7,c7 the retailer is subject to the direction or control of a covered nation4 7#b7 ,the term covered military installation means a military installation 7as defined in section #bhja of this title7 located in the ,united ,states4 7#c7 ,the term covered nation has the meaning given that term in section #dhgb of this title4 7#d7 ,the term covered retailer means a retailer that is performing a long-term concessions agreement on or before the date of the enactment of this section4 7#e7 ,the term long-term concessions agreement means a contract1 subcontract 7at any tier71 or other agreement1 including a lease agreement or licensing agreement1 to operate a business through a physical location on a covered military installation entered into by-- 7,a7 the ,secretary of ,defense or a ,secretary of a military department and a person1 including a nonappropriated fund instrumentality2 or 7,b7 a person and a nonappropriated fund instrumentality4 7#f7 ,the term nonappropriated fund instrumentality has the meaning given that term in section #bdhh of this title4 7#g7 ,the term retailer means-- 7,a7 a nonappropriated fund instrumentality that operates or seeks to operate a business through a physical location on a covered military installation2 or 7,b7 any other person that operates or seeks to operate a business on a covered military installation under a contract1 subcontract 7at any tier71 or other agreement1 including a lease agreement or licensing agreement1 with-- 7i7 a nonappropriated fund instrumentality2 7ii7 the ,secretary of ,defense2 or 7iii7 a ,secretary of a military department4 4