[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8700 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8700
To protect U.S. food security, provide the Committee on Foreign
Investment in the United States greater jurisdiction over land
purchases, impose special guards against foreign adversary purchases of
land in the United States near sensitive sites, expand the definition
of sensitive sites, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2026
Mr. Moolenaar (for himself, Mr. Thompson of California, Mrs. Hinson,
Ms. Brownley, Mr. Dunn of Florida, Mr. Bilirakis, Mr. Johnson of South
Dakota, Mr. Nunn of Iowa, Mr. Moran, Mr. Newhouse, Mr. Gottheimer, Mr.
Harrigan, Mr. Panetta, and Mr. Feenstra) 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, provide the Committee on Foreign
Investment in the United States greater jurisdiction over land
purchases, impose special guards against foreign adversary purchases of
land in the United States near sensitive sites, 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 the
real estate--
``(A) is, is located within, or will function as a
part of, an air or maritime port;
``(B) is in close proximity to a sensitive site;
``(C) could reasonably provide the foreign
adversary person the ability to collect intelligence on
activities being conducted at a sensitive site;
``(D) could otherwise expose national security
activities at a sensitive site; or
``(E) is agricultural land that is covered by the
reporting requirements under the Agricultural Foreign
Investment Disclosure Act of 1978, as implemented by
part 781 of title 7, Code of Federal Regulations.
``(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.
``(16) Foreign adversary person.--The term `foreign
adversary person' 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 with respect to which the
Secretary of Defense has granted a security clearance;
``(G) facilities openly owned or operated by the
U.S. intelligence community;
``(H) facilities owned or operated by the National
Aeronautics and Space Administration;
``(I) federally funded research and development
centers;
``(J) university-affiliated research centers of the
Department of Defense;
``(K) science and technology reinvention
laboratories, as designated by the Secretary of Defense
under section 4121 of title 10, United States Code;
``(L) airports, as listed on the website of the
Federal Aviation Administration;
``(M) maritime ports, as determined by the
Secretary of Transportation;
``(N) 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;
``(O) electric powerplants, as determined by the
Secretary of Homeland Security; and
``(P) any other site, as determined by the
Secretary of Defense or the Secretary of Homeland
Security.''.
SEC. 3. PROTECTING U.S. FOOD SECURITY.
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''.
SEC. 4. EXPANDING THE JURISDICTION OF THE COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES OVER REAL ESTATE
TRANSACTIONS.
(a) In General.--Section 721(a)(4) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(4)) is amended--
(1) in subparagraph (A)(ii), by striking ``clauses (ii)
through (v)'' and inserting ``clauses (ii) through (vi)'';
(2) in subparagraph (B)--
(A) by redesignating clauses (ii) through (v) as
clauses (iii) through (vi), respectively;
(B) by inserting after clause (i) the following:
``(ii) Subject to subparagraphs (C) and
(E), the purchase or lease by, or a concession
to, a person who is a foreign adversary person
of private or public real estate located in the
United States.'';
(C) in clause (iii), as so redesignated--
(i) by striking ``foreign person of private
or public real estate'' and inserting ``foreign
person who is not a foreign adversary person of
private or public real estate''; and
(ii) in subclause (II)--
(I) in item (aa), by inserting
``that is a sensitive site'' before the
semicolon; and
(II) in item (bb)--
(aa) in subitem (AA), by
striking ``a United States
military installation or
another facility or property of
the United States Government
that is sensitive for reasons
relating to national security''
and inserting ``a sensitive
site'';
(bb) in subitem (BB), by
striking ``such an
installation, facility, or
property'' and inserting ``a
sensitive site''; and
(cc) in subitem (CC), by
striking ``such an
installation, facility, or
property'' and inserting ``a
sensitive site''; and
(D) in clause (v), as so redesignated, in subclause
(II), by striking ``clause (iii)'' and inserting
``clause (iv)'';
(3) in subparagraph (C)--
(A) in clause (i), by striking ``subparagraph
(B)(ii)'' and inserting ``clause (ii) or (iii) of
subparagraph (B)'';
(B) in clause (ii)--
(i) by striking ``subparagraph
(B)(ii)(II)(bb)(AA)'' and inserting
``subparagraph (B)(iii)(II)(bb)(AA)''; and
(ii) by striking ``a United States military
installation or another facility or property of
the United States Government described in that
subparagraph'' and inserting ``a sensitive
site''; and
(C) in clause (iii)--
(i) in subclause (I), by striking
``subparagraph (B)(ii)(II)(bb)'' and inserting
``subparagraph (B)(iii)(II)(bb)''; and
(ii) in subclause (II)(bb)(BB), by striking
``subparagraph (B)(ii)(II)(bb)'' and inserting
``subparagraph (B)(iii)(II)(bb)'';
(4) in subparagraph (D)--
(A) in clause (i), by striking ``subparagraph
(B)(iii)'' and inserting ``subparagraph (B)(iv)'';
(B) in clause (iii)--
(i) in subclause (I), by striking
``subparagraph (B)(iii)'' and inserting
``subparagraph (B)(iv)''; and
(ii) in subclause (II), by striking
``subparagraph (B)(iii)(I)'' and inserting
``subparagraph (B)(iv)(I)'';
(C) in clause (iv), by striking ``subparagraph
(B)(iii)'' each place such term appears and inserting
``subparagraph (B)(iv)''; and
(D) in clause (v), by striking ``subparagraph
(B)(iii)'' and inserting ``subparagraph (B)(iv)''; and
(5) in subparagraph (E), by striking ``clauses (ii) and
(iii) of subparagraph (B)'' and inserting ``clauses (iii) and
(iv) of subparagraph (B)''.
(b) 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. 5. PRESUMPTION OF UNRESOLVABILITY OF ELEVATED RISK REAL ESTATE
TRANSACTIONS.
(a) Requirement for National Security Investigation.--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 Permanent Select
Committee on Intelligence of the House
of Representatives, the Committees on
Agriculture and Banking, Housing, and
Urban Affairs of the Senate, and the
Select Committee on Intelligence of the
Senate containing such determination
and the reasons therefore.''.
(b) Consideration of Elevated Risk Real Estate Transactions.--
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C.
4565(b)) is amended by adding at the end the following:
``(9) Consideration of elevated risk real estate
transactions.--For purposes of a review or investigation of an
elevated risk real estate transaction under this subsection,
the transaction is presumed to present an unresolvable risk to
national security, unless the Committee--
``(A) 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
``(B) submits a notification to the Committees on
Agriculture and Financial Services of the House of
Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, the
Committees on Agriculture and Banking, Housing, and
Urban Affairs of the Senate, and the Select Committee
on Intelligence of the Senate containing such
determination and the reasons therefore.''.
(c) Presumption That the Risks of Elevated Risk Real Estate
Transactions Cannot Be Mitigated or Resolved.--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
transactions.--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 so resolved through such
an agreement or condition; and
``(ii) submits a notification to the
Committees on Agriculture and Financial
Services of the House of Representatives, the
Permanent Select Committee on Intelligence of
the House of Representatives, the Committees on
Agriculture and Banking, Housing, and Urban
Affairs of the Senate, and the Select Committee
on Intelligence of the Senate containing such
determination and the reasons therefore.''.
SEC. 6. 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. 7. PRESERVATION OF STATE AUTHORITY.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565)
is amended by adding at the end the following:
``(r) Preservation of State Authority.--
``(1) In general.--Nothing in this section may be construed
to preempt or supersede any law of a State that--
``(A) restricts or prohibits the purchase, lease,
or acquisition of real estate or agricultural land by a
foreign adversary person; and
``(B) is of general applicability within that State
and does not purport to apply to any specific
transaction or party.
``(2) State defined.--In this subsection, the term `State'
means each of the several States, the District of Columbia, and
each territory of the United States.''.
SEC. 8. 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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