[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4577 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                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

                             July 12, 2023

 Mr. Gallagher (for himself, Mr. Thompson of California, Mr. Newhouse, 
Mr. Garamendi, Mr. Johnson of South Dakota, Mr. Case, Ms. Stefanik, Mr. 
Costa, Mr. Lucas, Mr. Panetta, Mr. Wittman, Mr. Crow, Mr. Feenstra, Mr. 
  Carbajal, Mr. Banks, Mrs. Peltola, and Mrs. Hinson) 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 subsequently 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting U.S. Farmland and 
Sensitive Sites From Foreign Adversaries Act''.

SEC. 2. ADDITIONAL DEFINITIONS.

    Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 
4565(a)) is amended by adding at the end the following:
            ``(14) Elevated risk real estate transaction.--The term 
        `elevated risk real estate transaction' means a real estate 
        transaction described under paragraph (4)(B)(ii), in which--
                    ``(A) the transaction is a purchase or lease by, or 
                a concession to, a foreign adversary entity; and
                    ``(B) the real estate--
                            ``(i) is located within, or function as a 
                        part of, an air or maritime port;
                            ``(ii) is in close proximity to a sensitive 
                        site;
                            ``(iii) could reasonably provide the 
                        foreign adversary entity the ability to collect 
                        intelligence on activities being conducted at a 
                        sensitive site; or
                            ``(iv) could otherwise expose national 
                        security activities at a sensitive site.
            ``(15) Foreign adversary.--The term `foreign adversary' 
        means--
                    ``(A) the People's Republic of China, including all 
                Special Administrative Regions;
                    ``(B) the Republic of Cuba;
                    ``(C) the Islamic Republic of Iran;
                    ``(D) the Democratic People's Republic of Korea;
                    ``(E) the Russian Federation; and
                    ``(F) the Bolivarian Republic of Venezuela during 
                any period of time in which Nicholas Maduro is 
                President of the Republic.
            ``(16) Foreign adversary entity.--The term `foreign 
        adversary entity' means--
                    ``(A) a foreign adversary;
                    ``(B) a foreign person subject to the jurisdiction 
                of, or organized under the laws of, a foreign 
                adversary; and
                    ``(C) a foreign person owned, directed, or 
                controlled by an entity described in subparagraph (A) 
                or (B).
            ``(17) Sensitive site.--The term `sensitive site' means--
                    ``(A) military installations;
                    ``(B) a military training route, as defined in 
                section 183a(h) of title 10, United States Code;
                    ``(C) airspace designated as special use airspace 
                under part 73 of title 14, Code of Federal Regulations 
                (or a successor regulation) and managed by the 
                Department of Defense;
                    ``(D) a controlled firing area, as defined in 
                section 1.1 of title 14, Code of Federal Regulations 
                (or a successor regulation) under the jurisdiction of 
                the Secretary of Defense;
                    ``(E) a military operations area, as defined in 
                section 1.1 of title 14, Code of Federal Regulations 
                (or a successor regulation);
                    ``(F) facilities openly owned or operated by the 
                U.S. intelligence community;
                    ``(G) federally-funded research development 
                centers;
                    ``(H) university-affiliated research centers of the 
                Department of Defense;
                    ``(I) science and technology reinvention 
                laboratories, as designated by the Secretary of Defense 
                under section 4121 of title 10, United States Code;
                    ``(J) airports, as listed on the website of the 
                Federal Aviation Administration;
                    ``(K) maritime ports, as determined by the 
                Secretary of Transportation;
                    ``(L) any electronic or telecommunications facility 
                used to process, store, or transmit information 
                (including fiber optic nodes, data centers, cloud 
                computing facilities, satellite ground stations, and 
                wireless transmission equipment) if--
                            ``(i) the facility is part of a backbone or 
                        core network that serves a significant portion 
                        of the United States telecommunications 
                        network;
                            ``(ii) the facility is located in close 
                        proximity to another sensitive site;
                            ``(iii) the facility is a submarine cable 
                        landing station (as defined in section 60401(a) 
                        of the Infrastructure Investment and Jobs Act 
                        (47 U.S.C. 1741(a)));
                            ``(iv) the facility is used to process or 
                        store a large volume of sensitive information 
                        (such as classified or encrypted 
                        communications) or other data critical to 
                        national security, public safety, or economic 
                        security; or
                            ``(v) the Chairman of the Federal 
                        Communications Commission determines the 
                        facility to be critical communications 
                        infrastructure;
                    ``(M) electric powerplants, as determined by the 
                Secretary of Homeland Security; and
                    ``(N) any other site, as determined by the 
                Secretary of Defense or the Secretary of Homeland 
                Security.''.

SEC. 3. PROTECTING U.S. FOOD SECURITY.

    (a) Authorizing the Committee on Foreign Investment in the United 
States To Consider Food Security in Reviews of Covered Transactions.--
Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. 
4565(f)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) by redesignating paragraph (11) as paragraph (12); and
            (3) by inserting after paragraph (10) the following:
            ``(11) the current and long-term projection of the 
        requirements for sources of food, water, and other agricultural 
        products in the United States in the aggregate, as well as 
        locally and regionally, and the effects a covered transaction 
        may have on United States food security, including through 
        foreign adversary acquisition of biotechnology related to 
        agriculture; and''.
    (b) Expanding the Jurisdiction of the Committee on Foreign 
Investment in the United States Over Real Estate Transactions.--Section 
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) 
is amended--
            (1) in subparagraph (B)(ii)--
                    (A) in subclause (II)--
                            (i) by striking ``(II)(aa) is'' and 
                        inserting the following: ``(II) with respect to 
                        a purchase or lease by, or a concession to, a 
                        person who is not a foreign adversary entity--
                                    ``(aa) is''; and
                            (ii) by adjusting the margin of item (bb) 
                        accordingly; and
                            (iii) in item (bb)(CC), by striking ``; 
                        and'' and inserting a period; and
                    (B) by striking subclause (III); and
            (2) in subparagraph (C), by adding at the end the 
        following:
                            ``(iii) Limitation on committee 
                        authority.--The Committee may not, by 
                        regulation or otherwise, specify additional 
                        criteria that must be met for a transaction to 
                        be described under subparagraph (B)(ii).''.
    (c) Mandatory Declarations.--Section 721(b)(1)(C)(v)(IV) of the 
Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)) is 
amended by adding at the end the following:
                                            ``(hh) Required 
                                        declarations for elevated risk 
                                        real estate transaction.--
                                        Notwithstanding item (dd), the 
                                        parties to an elevated risk 
                                        real estate transaction shall 
                                        submit a declaration described 
                                        in subclause (I) with respect 
                                        to the transaction.''.

SEC. 4. PRESUMPTION OF UNRESOLVABILITY OF ELEVATED RISK REAL ESTATE 
              TRANSACTIONS.

    (a) Presumption at the Review Stage.--Section 721(b)(2)(B) of the 
Defense Production Act of 1950 (50 U.S.C. 4565(b)(2)(B)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) a covered transaction is an 
                        elevated risk real estate transaction, unless 
                        the Committee--
                                    ``(I) determines, by clear and 
                                convincing evidence, that the covered 
                                transaction is not a risk to national 
                                security; and
                                    ``(II) submits a notification to 
                                the Committees on Agriculture and 
                                Financial Services of the House of 
                                Representatives, the Select Committee 
                                on the Strategic Competition Between 
                                the United States and the Chinese 
                                Communist Party of the House of 
                                Representatives, and the Committees on 
                                Agriculture and Banking, Housing, and 
                                Urban Affairs of the Senate containing 
                                such determination and the reasons 
                                therefore.''.
    (b) Presumption at the Investigation Stage.--Section 721(l)(3) of 
the Defense Production Act of 1950 (50 U.S.C. 4565(l)(3)) is amended by 
adding at the end the following:
                    ``(E) Application to elevated risk real estate 
                transaction.--Notwithstanding subparagraph (A), an 
                elevated risk real estate transaction shall be presumed 
                to present a risk to national security that cannot be 
                resolved through any agreement or condition, unless the 
                Committee--
                            ``(i) determines, by clear and convincing 
                        evidence, that the risk to national security of 
                        the transaction can be resolved in a manner 
                        other than by suspending or prohibiting the 
                        transaction; and
                            ``(ii) submits a notification to the 
                        Committees on Agriculture and Financial 
                        Services of the House of Representatives, the 
                        Select Committee on the Strategic Competition 
                        Between the United States and the Chinese 
                        Communist Party of the House of 
                        Representatives, and the Committees on 
                        Agriculture and Banking, Housing, and Urban 
                        Affairs of the Senate containing such 
                        determination and the reasons therefore.''.

SEC. 5. AGRICULTURE REPRESENTATIVE.

    Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 
4565(k)(2)) is amended--
            (1) by redesignating subparagraphs (H), (I), and (J) as 
        subparagraphs (I), (J), and (K), respectively; and
            (2) by inserting after subparagraph (G) the following:
                    ``(H) The Secretary of Agriculture, on all 
                transactions related to the purchase of agriculture 
                land, agriculture biotechnology, and any other 
                transaction related to the agriculture industry in the 
                United States, as determined by the Secretary of 
                Agriculture.''.

SEC. 6. RULEMAKING.

    Not later than the end of the 120-day period beginning on the date 
of enactment of this Act, the Committee on Foreign Investment in the 
United States shall issue rules to carry out the amendments made by 
this Act.
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