I
118THCONGRESS
1
STSESSION H. R. 4577
To protect U.S. food security, give the Committee on Foreign Investment
in the United States greater jurisdiction over land purchases, to impose
special guards against foreign adversary purchases of land in the United
States near sensitive sites, to expand the definition of sensitive sites,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY12, 2023
Mr. G
ALLAGHER(for himself, Mr. THOMPSONof California, Mr. NEWHOUSE,
Mr. G
ARAMENDI, Mr. JOHNSONof South Dakota, Mr. CASE, Ms.
S
TEFANIK, Mr. COSTA, Mr. LUCAS, Mr. PANETTA, Mr. WITTMAN, Mr.
C
ROW, Mr. FEENSTRA, Mr. CARBAJAL, Mr. BANKS, Mrs. PELTOLA, and
Mrs. H
INSON) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committees on
Foreign Affairs, and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To protect U.S. food security, give the Committee on Foreign
Investment in the United States greater jurisdiction over
land purchases, to impose special guards against foreign
adversary purchases of land in the United States near
sensitive sites, to expand the definition of sensitive sites,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Protecting U.S. Farm-2
land and Sensitive Sites From Foreign Adversaries Act’’. 3
SEC. 2. ADDITIONAL DEFINITIONS. 4
Section 721(a) of the Defense Production Act of 5
1950 (50 U.S.C. 4565(a)) is amended by adding at the 6
end the following: 7
‘‘(14) E
LEVATED RISK REAL ESTATE TRANS -8
ACTION.—The term ‘elevated risk real estate trans-9
action’ means a real estate transaction described 10
under paragraph (4)(B)(ii), in which— 11
‘‘(A) the transaction is a purchase or lease 12
by, or a concession to, a foreign adversary enti-13
ty; and 14
‘‘(B) the real estate— 15
‘‘(i) is located within, or function as a 16
part of, an air or maritime port; 17
‘‘(ii) is in close proximity to a sen-18
sitive site; 19
‘‘(iii) could reasonably provide the for-20
eign adversary entity the ability to collect 21
intelligence on activities being conducted at 22
a sensitive site; or 23
‘‘(iv) could otherwise expose national 24
security activities at a sensitive site. 25
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‘‘(15) FOREIGN ADVERSARY .—The term ‘for-1
eign adversary’ means— 2
‘‘(A) the People’s Republic of China, in-3
cluding all Special Administrative Regions; 4
‘‘(B) the Republic of Cuba; 5
‘‘(C) the Islamic Republic of Iran; 6
‘‘(D) the Democratic People’s Republic of 7
Korea; 8
‘‘(E) the Russian Federation; and 9
‘‘(F) the Bolivarian Republic of Venezuela 10
during any period of time in which Nichola´s 11
Maduro is President of the Republic. 12
‘‘(16) F
OREIGN ADVERSARY ENTITY .—The 13
term ‘foreign adversary entity’ means— 14
‘‘(A) a foreign adversary; 15
‘‘(B) a foreign person subject to the juris-16
diction of, or organized under the laws of, a for-17
eign adversary; and 18
‘‘(C) a foreign person owned, directed, or 19
controlled by an entity described in subpara-20
graph (A) or (B). 21
‘‘(17) S
ENSITIVE SITE.—The term ‘sensitive 22
site’ means— 23
‘‘(A) military installations; 24
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‘‘(B) a military training route, as defined 1
in section 183a(h) of title 10, United States 2
Code; 3
‘‘(C) airspace designated as special use air-4
space under part 73 of title 14, Code of Federal 5
Regulations (or a successor regulation) and 6
managed by the Department of Defense; 7
‘‘(D) a controlled firing area, as defined in 8
section 1.1 of title 14, Code of Federal Regula-9
tions (or a successor regulation) under the ju-10
risdiction of the Secretary of Defense; 11
‘‘(E) a military operations area, as defined 12
in section 1.1 of title 14, Code of Federal Regu-13
lations (or a successor regulation); 14
‘‘(F) facilities openly owned or operated by 15
the U.S. intelligence community; 16
‘‘(G) federally-funded research develop-17
ment centers; 18
‘‘(H) university-affiliated research centers 19
of the Department of Defense; 20
‘‘(I) science and technology reinvention 21
laboratories, as designated by the Secretary of 22
Defense under section 4121 of title 10, United 23
States Code; 24
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•HR 4577 IH
‘‘(J) airports, as listed on the website of 1
the Federal Aviation Administration; 2
‘‘(K) maritime ports, as determined by the 3
Secretary of Transportation; 4
‘‘(L) any electronic or telecommunications 5
facility used to process, store, or transmit infor-6
mation (including fiber optic nodes, data cen-7
ters, cloud computing facilities, satellite ground 8
stations, and wireless transmission equipment) 9
if— 10
‘‘(i) the facility is part of a backbone 11
or core network that serves a significant 12
portion of the United States telecommuni-13
cations network; 14
‘‘(ii) the facility is located in close 15
proximity to another sensitive site; 16
‘‘(iii) the facility is a submarine cable 17
landing station (as defined in section 18
60401(a) of the Infrastructure Investment 19
and Jobs Act (47 U.S.C. 1741(a))); 20
‘‘(iv) the facility is used to process or 21
store a large volume of sensitive informa-22
tion (such as classified or encrypted com-23
munications) or other data critical to na-24
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tional security, public safety, or economic 1
security; or 2
‘‘(v) the Chairman of the Federal 3
Communications Commission determines 4
the facility to be critical communications 5
infrastructure; 6
‘‘(M) electric powerplants, as determined 7
by the Secretary of Homeland Security; and 8
‘‘(N) any other site, as determined by the 9
Secretary of Defense or the Secretary of Home-10
land Security.’’. 11
SEC. 3. PROTECTING U.S. FOOD SECURITY. 12
(a) A
UTHORIZING THECOMMITTEE ONFOREIGNIN-13
VESTMENT IN THE UNITEDSTATESTOCONSIDERFOOD 14
S
ECURITY INREVIEWS OFCOVEREDTRANSACTIONS.— 15
Section 721(f) of the Defense Production Act of 1950 (50 16
U.S.C. 4565(f)) is amended— 17
(1) in paragraph (10), by striking ‘‘and’’ at the 18
end; 19
(2) by redesignating paragraph (11) as para-20
graph (12); and 21
(3) by inserting after paragraph (10) the fol-22
lowing: 23
‘‘(11) the current and long-term projection of 24
the requirements for sources of food, water, and 25
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other agricultural products in the United States in 1
the aggregate, as well as locally and regionally, and 2
the effects a covered transaction may have on 3
United States food security, including through for-4
eign adversary acquisition of biotechnology related to 5
agriculture; and’’. 6
(b) E
XPANDING THE JURISDICTION OF THE COM-7
MITTEE ON FOREIGNINVESTMENT IN THE UNITED 8
S
TATESOVERREALESTATETRANSACTIONS.—Section 9
721(a)(4) of the Defense Production Act of 1950 (50 10
U.S.C. 4565(a)(4)) is amended— 11
(1) in subparagraph (B)(ii)— 12
(A) in subclause (II)— 13
(i) by striking ‘‘(II)(aa) is’’ and in-14
serting the following: ‘‘(II) with respect to 15
a purchase or lease by, or a concession to, 16
a person who is not a foreign adversary en-17
tity— 18
‘‘(aa) is’’; and 19
(ii) by adjusting the margin of item 20
(bb) accordingly; and 21
(iii) in item (bb)(CC), by striking ‘‘; 22
and’’ and inserting a period; and 23
(B) by striking subclause (III); and 24
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(2) in subparagraph (C), by adding at the end 1
the following: 2
‘‘(iii) L
IMITATION ON COMMITTEE AU -3
THORITY.—The Committee may not, by 4
regulation or otherwise, specify additional 5
criteria that must be met for a transaction 6
to be described under subparagraph 7
(B)(ii).’’. 8
(c) M
ANDATORY DECLARATIONS.—Section 9
721(b)(1)(C)(v)(IV) of the Defense Production Act of 10
1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)) is amended by 11
adding at the end the following: 12
‘‘(hh) R
EQUIRED DECLARA -13
TIONS FOR ELEVATED RISK REAL 14
ESTATE TRANSACTION .—Not-15
withstanding item (dd), the par-16
ties to an elevated risk real estate 17
transaction shall submit a dec-18
laration described in subclause 19
(I) with respect to the trans-20
action.’’. 21
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SEC. 4. PRESUMPTION OF UNRESOLVABILITY OF ELE-1
VATED RISK REAL ESTATE TRANSACTIONS. 2
(a) P
RESUMPTION AT THE REVIEWSTAGE.—Section 3
721(b)(2)(B) of the Defense Production Act of 1950 (50 4
U.S.C. 4565(b)(2)(B)) is amended— 5
(1) in clause (i), by striking ‘‘or’’ at the end; 6
(2) in clause (ii), by striking the period at the 7
end and inserting ‘‘; or’’; and 8
(3) by adding at the end the following: 9
‘‘(iii) a covered transaction is an ele-10
vated risk real estate transaction, unless 11
the Committee— 12
‘‘(I) determines, by clear and 13
convincing evidence, that the covered 14
transaction is not a risk to national 15
security; and 16
‘‘(II) submits a notification to 17
the Committees on Agriculture and 18
Financial Services of the House of 19
Representatives, the Select Committee 20
on the Strategic Competition Between 21
the United States and the Chinese 22
Communist Party of the House of 23
Representatives, and the Committees 24
on Agriculture and Banking, Housing, 25
and Urban Affairs of the Senate con-26
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•HR 4577 IH
taining such determination and the 1
reasons therefore.’’. 2
(b) P
RESUMPTION AT THE INVESTIGATIONSTAGE.— 3
Section 721(l)(3) of the Defense Production Act of 1950 4
(50 U.S.C. 4565(l)(3)) is amended by adding at the end 5
the following: 6
‘‘(E) A
PPLICATION TO ELEVATED RISK 7
REAL ESTATE TRANSACTION .—Notwithstanding 8
subparagraph (A), an elevated risk real estate 9
transaction shall be presumed to present a risk 10
to national security that cannot be resolved 11
through any agreement or condition, unless the 12
Committee— 13
‘‘(i) determines, by clear and con-14
vincing evidence, that the risk to national 15
security of the transaction can be resolved 16
in a manner other than by suspending or 17
prohibiting the transaction; and 18
‘‘(ii) submits a notification to the 19
Committees on Agriculture and Financial 20
Services of the House of Representatives, 21
the Select Committee on the Strategic 22
Competition Between the United States 23
and the Chinese Communist Party of the 24
House of Representatives, and the Com-25
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mittees on Agriculture and Banking, Hous-1
ing, and Urban Affairs of the Senate con-2
taining such determination and the reasons 3
therefore.’’. 4
SEC. 5. AGRICULTURE REPRESENTATIVE. 5
Section 721(k)(2) of the Defense Production Act of 6
1950 (50 U.S.C. 4565(k)(2)) is amended— 7
(1) by redesignating subparagraphs (H), (I), 8
and (J) as subparagraphs (I), (J), and (K), respec-9
tively; and 10
(2) by inserting after subparagraph (G) the fol-11
lowing: 12
‘‘(H) The Secretary of Agriculture, on all 13
transactions related to the purchase of agri-14
culture land, agriculture biotechnology, and any 15
other transaction related to the agriculture in-16
dustry in the United States, as determined by 17
the Secretary of Agriculture.’’. 18
SEC. 6. RULEMAKING. 19
Not later than the end of the 120-day period begin-20
ning on the date of enactment of this Act, the Committee 21
on Foreign Investment in the United States shall issue 22
rules to carry out the amendments made by this Act. 23
Æ
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