Rep. John Moolenaar (R-Mich.) introduced a bipartisan bill on May 7 to transform how the federal government scrutinizes foreign land acquisitions, moving from a system of passive disclosure to one of active prevention.
"The Protecting U.S. Farmland and Sensitive Sites from Foreign Adversaries Act" seeks to secure American agricultural and technological interests by closing the legal gaps that currently allow adversarial entities to gain geographic proximity to critical infrastructure.
At the heart of the bill, the "Presumption of Unresolvability" clause stipulates that any land transaction involving a foreign adversary near a sensitive site is a threat that cannot be mitigated. This shift forces the Committee on Foreign Investment in the United States, or CFIUS, to prove that a transaction is safe by "clear and convincing evidence" before it can proceed—a rigorous hurdle that prioritizes national security over private foreign investment, according to the bill.
A Targeted National Security Priority
While the legislation designates a broad list of foreign adversaries—including Russia, Iran, North Korea, Cuba, and Venezuela—China is the primary driver of the initiative. This focus is supported by the distinctive scale and strategic clustering of Chinese-linked acquisitions compared with those of other designated nations."The Chinese Communist Party's brazen efforts to collect intelligence on American soil demonstrate its intention to exploit any and all gaps it can find in our national security architecture," said Alexandria Paolozzi Moore, senior director of government relations at FDD Action, as cited in Moolenaar's May 7 press release.
Safeguarding Agricultural Sovereignty, Critical Infrastructure
The legislation addresses two primary pillars of national strength: agricultural sovereignty and infrastructure exposure. By expanding the definition of national security to include agricultural biotechnology and long-term domestic needs for food and water, the bill ensures these critical resources are protected from adversarial interference or sabotage.Furthermore, the legislation establishes a new "Elevated Risk" category for real estate near sensitive sites, now officially encompassing maritime ports, Federal Aviation Administration-listed airports, and critical telecommunications infrastructure, including data centers and fiber-optic nodes.