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

Bill Number: H.R. 8700
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Agriculture and Food
Status: Introduced
Latest Action: 2026-05-07: 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.
Last Updated: 2026-06-09T08:06:51Z

AI-Generated Summary

Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act (H.R. 8700)

Purpose

The legislation aims to safeguard U.S. national security and food supply by expanding oversight of foreign land purchases, particularly those by entities from adversarial nations near critical sites or involving agricultural land. It strengthens the Committee on Foreign Investment in the United States (CFIUS, a federal interagency group that reviews foreign investments for security risks) authority over real estate deals.

Key Provisions

New Definitions:
Foreign adversary: Countries including China (and its Special Administrative Regions), Cuba, Iran, North Korea, Russia, and Venezuela.
Foreign adversary person: Governments, entities, or individuals from these countries or controlled by them.
Sensitive site: Broadly expanded to include military bases, training areas, special airspace, ports, airports, NASA facilities, research centers, key telecom infrastructure (e.g., data centers, submarine cable stations), power plants, and others designated by the Secretaries of Defense or Homeland Security.
Elevated risk real estate transaction: Land deals by foreign adversary persons near sensitive sites, at ports, enabling intelligence collection, or involving reportable agricultural land.
Requires CFIUS reviews to assess impacts on U.S. food, water, and agricultural needs, including biotechnology.
Mandates filing notices for elevated risk deals.
Presumes elevated risk transactions pose unresolvable national security threats; CFIUS must prove otherwise with clear and convincing evidence (a high legal standard) and notify specific congressional committees.
Adds the Secretary of Agriculture to CFIUS for deals involving farmland, ag biotech, or related industries.
Preserves states' rights to restrict such foreign land buys via general laws.
Directs CFIUS to issue implementing rules within 120 days of enactment.

Significant Changes to Existing Law

Amends Section 721 of the Defense Production Act of 1950 (CFIUS's core authority):
Broadens jurisdiction to cover all real estate purchases, leases, or concessions by foreign adversary persons (previously limited).
Introduces presumptions against approving elevated risk deals, shifting burden to CFIUS to justify exceptions.
Expands "sensitive site" beyond military bases to many civilian and infrastructure sites.
Adds food security as a review factor and requires mandatory declarations for high-risk deals.

Potential Impacts

Government Agencies: Increases CFIUS workload with more mandatory reviews, presumptions favoring blocks, and congressional reporting; involves USDA, DoD, DHS, and others more deeply.
Citizens: Protects farmland and sites from foreign control, potentially bolstering food security and infrastructure safety; may limit land sales, affecting rural economies or property values.
International Relations: Signals stricter U.S. barriers to investments from named adversaries, possibly escalating tensions (e.g., with China over ag land buys) while allowing non-adversary foreign deals.

Main Stakeholders Affected

Federal Agencies: CFIUS members (e.g., Treasury, DoD, DHS, USDA).
Foreign Investors: Persons from adversary nations face heightened scrutiny and likely blocks on U.S. land near sensitive areas.
U.S. Landowners and Businesses: Farmers, real estate sellers, ports, telecom firms, and ag biotech companies may see fewer buyers or need CFIUS clearance.
States and Localities: Retain tools to block deals; rural areas with farmland or bases benefit from protections.
Congress: Gains notifications on exceptions, enhancing oversight.

Notable Legal, Constitutional, or Political Implications

Legal: Raises bar for approving risky deals via presumptions and evidence standards, reducing mitigation (e.g., via conditions) unless proven effective; no preemption of state laws ensures federal-state balance.
Constitutional: Balances property rights and commerce with national security (a recognized federal power); avoids targeting specific deals to maintain general applicability.
Political: Bipartisan sponsors; addresses public concerns over foreign (especially Chinese) land ownership near bases, without broad foreign investor bans.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Moolenaar, John R. [R-MI-2]

Cosponsors (15)

Rep. Thompson, Mike [D-CA-4], Rep. Hinson, Ashley [R-IA-2], Rep. Brownley, Julia [D-CA-26], Rep. Dunn, Neal P. [R-FL-2], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Johnson, Dusty [R-SD-At Large], Rep. Nunn, Zachary [R-IA-3], Rep. Moran, Nathaniel [R-TX-1], Rep. Newhouse, Dan [R-WA-4], Rep. Gottheimer, Josh [D-NJ-5], Rep. Harrigan, Pat [R-NC-10], Rep. Panetta, Jimmy [D-CA-19], Rep. Feenstra, Randy [R-IA-4], Rep. Smith, Adrian [R-NE-3], Rep. Calvert, Ken [R-CA-41]

Recent Actions

2026-05-07: 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.
2026-05-07: 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.
2026-05-07: 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.
2026-05-07: Introduced in House
2026-05-07: Introduced in House

Bill Versions

Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act — issued 2026-05-07 — PDF (16 pages)