Congressman Mike Thompson | Official U.S. House headshot
Congressman Mike Thompson | Official U.S. House headshot
On July 12, Rep. Mike Thompson (CA-04) and Select Committee on Strategic Competition between the United States and the Chinese Communist Party Chairman Mike Gallagher (WI-08) introduced bipartisan legislation to strengthen and expand protections around national security sites, critical infrastructure, and farmland.
“Protecting national security and food security go hand in hand in our region – which is why it is vital to know who owns land around national security sites,” said Rep. Thompson. “The bipartisan legislation I am introducing with Chairman Gallagher will help identify foreign actors who are seeking to purchase land near military installations while maintaining food security throughout our country.”
"The United States cannot allow foreign adversaries like the Chinese Communist Party and its proxies to acquire real estate near sensitive sites like military bases or telecom infrastructure, potentially exploiting our critical technology and endangering our servicemembers. This bill gives CFIUS jurisdiction over foreign adversary real estate transactions to guard against the threat of the CCP and other adversaries purchasing land for malign purposes, and it also encourages CFIUS to consider food security issues as it evaluates the national security risk of a given transaction," said Rep. Gallagher.
"Safeguarding our food supply chains and national security from foreign adversaries like the Chinese Communist Party will always be a top priority of mine. We must ensure our government agencies have the necessary resources to stop bad actors from gaining a foothold in our homeland. I am proud to introduce this legislation as a continuation of my efforts to stop the CCP and all foreign adversaries from putting our food supply and national security at risk," said Rep. Newhouse.
“As the proud Representative of Travis Air Force Base in Congress for over a decade, the recent land purchases near the base by unknown investors raise serious questions and concerns. Travis, also known as the ‘Gateway to the Pacific,’ is one of the most strategically valuable installations within the U.S. military. We must do everything in our capacity to ensure Travis is fully protected and supported,” said Rep. Garamendi. “Though Flannery Associates claims that it is not controlled by foreign entities, they have shockingly failed to provide any proof to local and federal officials. This issue raises serious security concerns for our community and the critical military operations at Travis. That's why I greatly appreciate this important bipartisan legislation and look forward to continuing to work with my colleagues to protect our communities and defend our national security."
“Food security is national security, and I’ve been fighting to get the Secretary of Agriculture a seat at the table for a long time – this bill builds on that fight. As we witness growing threats from foreign adversaries on American soil, Congress should work overtime to ensure our military bases, food sources, and research facilities are protected. Our bill provides CFIUS will the tools needed to keep America’s enemies away from our most sensitive areas," said Rep. Johnson.
“The People’s Republic of China has an alarming history of leveraging foreign investment to gain access to sensitive information,” said Rep. Case. “ This type of foreign espionage is a serious threat to national security. This bill will help close the gaps in our oversight of foreign purchases and their use of agricultural land, especially near our military bases and training sites. This will help ensure that the Committee on Foreign Investment in the United States can fully assess investments that can compromise our security and intelligence sites."
“Food security is national security. Communist China buying up U.S. agricultural land is just one of the CCP’s many attempts to subvert our sovereignty and threaten our national security. I will continue to fight to protect our agricultural land and to ensure that our country’s food security and national security are prioritized. I am proud to support this legislation that will mandate heightened scrutiny over adversarial land purchases near our military installations," said Chair Stefanik.
"Food is a national security issue. Increasing foreign ownership of American farms and farmland is a threat to our food security,” said Rep. Costa. “We need to prevent foreign adversaries like China from undermining the American agricultural industry. This bill will ensure American agriculture is operated by American businesses.”
“A resilient food supply is essential to national security, which is why the rise of foreign investments in our nation’s farmlands deserves increased scrutiny. I have long supported adding the Secretary of Agriculture on CFIUS, which will equip the Committee with the expertise needed to identify potential threats to our national security,” said Rep. Lucas. “I’m pleased to be an original cosponsor and commend Congressman Gallagher for his work on this important legislation.”
“Our geopolitical adversaries are exploiting loopholes in regulations to purchase farmland and other agricultural assets, threatening our national and food security,” said Rep. Panetta. “I’m proud to join this bipartisan effort to ensure CFIUS has the jurisdiction and mandate needed to properly vet these foreign purchases as in the best interest of the United States. This is a necessary step to counter any malign efforts to weaken U.S. agricultural independence and security.”
“The scope and scale of the Chinese Communist Party’s activities in the United States is deeply alarming,” said Rep. Wittman. “Entities with clear ties to foreign adversaries should not be permitted to purchase land near U.S. military bases, intelligence facilities, or national laboratories. I’m proud to join this effort to equip the Committee on Foreign Investment in the United States with the tools it needs to protect our national interests.”
American farmland belongs to American farmers — period. For the sake of our national, energy, and food security, we cannot let China, or any other foreign adversary, buy our fertile farmland, prevent our young producers from planting their roots, or jeopardize our agricultural supply chains,” said Rep. Feenstra. “I am proud to work with my colleagues to introduce legislation to protect American farmland from foreign acquisition, particularly the Chinese Communist Party, and keep American farmland where it rightfully belongs — in the hands of American farmers.”
An entity called Flannery Associates has spent nearly $1 billion over the last five years to become the largest landowner in Solano County. The land purchases go up to the fence of Travis Air Force Base, the home of the largest wing of the Air Force’s Air Mobility Command.
The United States Department of the Treasury Committee on Foreign Investment in the United States (CFIUS) is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States. However, there are significant gaps in the current process.
The Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act would:
- Give CFIUS jurisdiction over all land purchases (with exceptions for real estate in urban areas and single housing units) by foreign adversary entities.
- This would avoid a repeat of the “FuFeng incident” where, despite a clear national security concern to a military installation in North Dakota, CFIUS claimed it was unable to even review (let alone block) the transaction because the land was outside the scope of CFIUS jurisdiction.
- Authorize CFIUS to consider U.S. food security, including via biotechnology acquisition, as a factor in its national security reviews and require the Secretary of Agriculture have a vote in CFIUS reviews of transactions that involve farmland or agriculture technology.
- Establish a “presumption of non-resolvability” by CFIUS that raises the approval threshold for CFIUS transactions by a foreign adversary entity purchasing near sensitive sites (e.g., major military sites, acknowledged intelligence facilities, etc.)
- CFIUS will be required to review these transactions with the presumption that the national security concerns cannot be resolved.
- Mandatory CFIUS filing for foreign adversary entities making land purchases near sensitive sites. This will ensure CFIUS remains apprised of ongoing real estate purchases by foreign adversary entities.
- Expand the list of sensitive national security sites designated for CFIUS jurisdiction.
- Require CFIUS to expand the list of sensitive national security sites to all military facilities, acknowledged intelligence sites, national laboratories, and defense-funded university-affiliated research centers, critical telecommunication nodes, and more. Current CFIUS regulations only cover a limited number of sensitive sites, and does not include all military facilities, national laboratories, and other sites. CFIUS is also limited to sensitive sites that are US government property.
The bill text can be found here.
Rep. Thompson sent a letter to CFIUS calling for a review of the purchases in Solano County.
Original source can be found here
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