Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act

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.

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.

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).

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.

(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.

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).

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:

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.

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.

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:

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.

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:

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.

(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.

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.

In this subsection, the term State means each of the several States, the District of Columbia, and each territory of the United States.