H.R. 8700

[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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