[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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