I 
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 subse-
quently 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting U.S. Farm-
land 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 TRANS-
ACTION.—The term ‘elevated risk real estate trans-
action’ 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 enti-
ty; 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 sen-
sitive site; 
‘‘(iii) could reasonably provide the for-
eign 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. 
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‘‘(15) FOREIGN
ADVERSARY.—The term ‘for-
eign adversary’ means— 
‘‘(A) the People’s Republic of China, in-
cluding 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 Nichola´s 
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 juris-
diction of, or organized under the laws of, a for-
eign adversary; and 
‘‘(C) a foreign person owned, directed, or 
controlled by an entity described in subpara-
graph (A) or (B). 
‘‘(17) SENSITIVE
SITE.—The term ‘sensitive 
site’ means— 
‘‘(A) military installations; 
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‘‘(B) a military training route, as defined 
in section 183a(h) of title 10, United States 
Code; 
‘‘(C) airspace designated as special use air-
space 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 Regula-
tions (or a successor regulation) under the ju-
risdiction of the Secretary of Defense; 
‘‘(E) a military operations area, as defined 
in section 1.1 of title 14, Code of Federal Regu-
lations (or a successor regulation); 
‘‘(F) facilities openly owned or operated by 
the U.S. intelligence community; 
‘‘(G) federally-funded research develop-
ment 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; 
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‘‘(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 infor-
mation (including fiber optic nodes, data cen-
ters, 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 telecommuni-
cations 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 informa-
tion (such as classified or encrypted com-
munications) or other data critical to na-
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tional 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 Home-
land Security.’’. 
SEC. 3. PROTECTING U.S. FOOD SECURITY. 
(a) AUTHORIZING THE COMMITTEE ON FOREIGN IN-
VESTMENT 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 para-
graph (12); and 
(3) by inserting after paragraph (10) the fol-
lowing: 
‘‘(11) the current and long-term projection of 
the requirements for sources of food, water, and 
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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 for-
eign adversary acquisition of biotechnology related to 
agriculture; and’’. 
(b) EXPANDING THE JURISDICTION OF THE COM-
MITTEE
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 in-
serting the following: ‘‘(II) with respect to 
a purchase or lease by, or a concession to, 
a person who is not a foreign adversary en-
tity— 
‘‘(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 
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(2) in subparagraph (C), by adding at the end 
the following: 
‘‘(iii) LIMITATION ON COMMITTEE AU-
THORITY.—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 DECLARA-
TIONS FOR ELEVATED RISK REAL 
ESTATE
TRANSACTION.—Not-
withstanding item (dd), the par-
ties to an elevated risk real estate 
transaction shall submit a dec-
laration described in subclause 
(I) with respect to the trans-
action.’’. 
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SEC. 4. PRESUMPTION OF UNRESOLVABILITY OF ELE-
VATED 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 ele-
vated 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 con-
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taining 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 con-
vincing 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 Com-
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mittees on Agriculture and Banking, Hous-
ing, and Urban Affairs of the Senate con-
taining 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), respec-
tively; and 
(2) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) The Secretary of Agriculture, on all 
transactions related to the purchase of agri-
culture land, agriculture biotechnology, and any 
other transaction related to the agriculture in-
dustry in the United States, as determined by 
the Secretary of Agriculture.’’. 
SEC. 6. RULEMAKING. 
Not later than the end of the 120-day period begin-
ning 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. 
Æ 
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