Not One More Inch or Acre Act
- Bill Number
- S. 176
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- International Affairs
- Status
- Introduced
- Latest Action
- 2025-01-22: Read twice and referred to the Committee on Foreign Relations.
- Last Updated
- 2025-07-11T11:03:18Z
AI-Generated Summary
Purpose
The "Not One More Inch or Acre Act" (S. 176) aims to protect U.S. national security by restricting foreign ownership of real estate in the United States. It specifically targets citizens and entities from the People's Republic of China (PRC) to prevent potential risks associated with such purchases.
Key Provisions
- Prohibition on Purchases: The President must take actions to block the buying of public or private real estate in the U.S. by:
- Any PRC citizen.
- Any "covered foreign entity" (an organization linked to the PRC government or Chinese Communist Party, including those organized under PRC laws, with principal business there, or controlled by PRC authorities; also includes subsidiaries).
- Any foreign person (non-U.S. individual or entity) acting on behalf of the above groups.
This ban applies to purchases on or after the date the law is enacted.
- Forced Sales for Existing Ownership: If the President determines that current ownership of U.S. real estate by the above groups poses a national security risk, those owners must sell the property within one year of enactment.
- Exceptions:
- The ban does not apply to PRC citizens who entered the U.S. as refugees, or those granted asylum or withholding of removal (protections under U.S. immigration law for people fleeing persecution).
- Forced sales do not apply to real estate owned or held for personal use by U.S. citizens or lawful permanent residents.
- Definitions:
- "United States" includes all states, the District of Columbia, Puerto Rico, territories, and possessions.
- "U.S. person" includes U.S. citizens, permanent residents, and entities organized under U.S. laws.
- Penalty Adjustment: Amends the Agricultural Foreign Investment Disclosure Act of 1978 to increase penalties for failing to report foreign agricultural land purchases. Penalties must now be at least 10% but no more than 25% of the property's fair market value (previously, up to 25% with no minimum).
Significant Changes to Existing Law
- Introduces a broad, new nationwide prohibition on real estate purchases by PRC-linked individuals and entities, which did not previously exist in such a targeted form.
- Adds authority for the President to mandate divestment (forced sales) of existing PRC-owned properties based on national security assessments, expanding executive powers over foreign investments.
- Modifies penalties under the 1978 Agricultural Foreign Investment Disclosure Act by setting a minimum fine threshold, making enforcement stricter for unreported foreign buys of farmland.
Potential Impacts
- On Government Agencies: The executive branch (e.g., President and agencies like the Treasury or Justice Department) will need to implement monitoring, enforcement, and national security reviews, potentially increasing administrative workload and costs.
- On Citizens: U.S. real estate sellers and buyers may face a smaller pool of potential Chinese investors, affecting property markets, prices, and transactions, especially in agricultural or high-value areas. U.S. citizens with personal property ties to exceptions remain unaffected.
- On International Relations: Could heighten tensions with the PRC by signaling distrust, possibly prompting retaliatory measures against U.S. investments abroad and complicating diplomatic or trade ties.
Main Stakeholders Affected
- PRC Citizens and Entities: Directly restricted from buying or retaining U.S. real estate, impacting investors, businesses, and individuals seeking property.
- U.S. Real Estate Industry: Sellers, developers, and agents may see reduced demand from a major foreign buyer group, altering market dynamics.
- U.S. Government: Executive and legislative branches responsible for enforcement; agricultural agencies overseeing disclosure penalties.
- Refugees and Asylum Seekers from PRC: Protected under exceptions, allowing them to participate in the real estate market like other eligible residents.
- National Security Community: Benefits from reduced perceived risks but may face challenges in defining and assessing "national security risks."
Notable Legal, Constitutional, or Political Implications
- Legal: The law relies on presidential discretion for enforcement and risk determinations, which could lead to challenges over vagueness (e.g., what constitutes a "national security risk") or arbitrary application. It builds on existing foreign investment laws like the Committee on Foreign Investment in the United States (CFIUS) but applies more broadly.
- Constitutional: May raise due process concerns under the Fifth Amendment regarding forced sales of property without compensation specified; equal protection issues could arise from targeting one nationality, though national security exceptions often allow such distinctions.
- Political: Reflects growing U.S. concerns over PRC influence, potentially fueling bipartisan support for China-related restrictions but risking accusations of xenophobia or trade war escalation. As an introduced bill (referred to the Senate Foreign Relations Committee on January 22, 2025), its passage would depend on congressional priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Sen. Cramer, Kevin [R-ND], Sen. Britt, Katie Boyd [R-AL], Sen. Scott, Rick [R-FL]
Recent Actions
- 2025-01-22: Read twice and referred to the Committee on Foreign Relations.
- 2025-01-22: Introduced in Senate
Bill Versions
- Not One More Inch or Acre Act — issued 2025-01-22 — PDF (5 pages)