A bill to require the Committee on Foreign Investment in the United States to annually review, update, and report on the facilities and property of the United States Government determined to be national security sensitive for purposes of review of real estate transactions under section 721 of the Defense Production Act of 1950.

#2116 | S Congress #119

Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (6/18/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The proposed legislation aims to enhance national security oversight by requiring the Committee on Foreign Investment in the United States (CFIUS) to conduct annual reviews and updates of government properties and facilities deemed sensitive for national security reasons. It amends the Defense Production Act of 1950 by establishing a formal list of such sensitive sites, which may include facilities related to the intelligence community and National Laboratories.

Key provisions include:

1. **Listing Sensitive Sites**: CFIUS is authorized to create and maintain a list of U.S. government facilities that are sensitive due to national security concerns.

2. **Annual Reviews**: Each member of CFIUS must review the facilities under their agency's purview annually and report any necessary updates or revisions regarding these sensitive sites.

3. **Reporting Requirements**: The legislation mandates CFIUS to compile and report all relevant transactions, investigations, and certifications concerning the sensitive sites as part of its oversight duties.

This legislation aims to bolster the government's ability to monitor and assess potential foreign investments in sensitive areas, thereby protecting national security interests.

Possible Impacts

The legislation outlined in the bill has the potential to affect people in various ways. Here are three examples:

1. **Enhanced National Security Oversight**:
The annual review and reporting requirements for national security-sensitive sites could lead to stricter oversight over real estate transactions involving properties near or associated with these sites. This could impact businesses and individuals looking to develop or purchase properties in proximity to sensitive government facilities, as they may face more rigorous scrutiny and delays in approval processes.

2. **Transparency and Accountability**:
By mandating that the Committee on Foreign Investment in the United States (CFIUS) provide detailed reports and updates on national security-sensitive sites, the legislation could enhance transparency regarding government property management. This may lead to increased public awareness and confidence in how the government safeguards sensitive information and facilities, impacting how citizens view government accountability and transparency.

3. **Real Estate Market Dynamics**:
The classification of certain facilities and properties as national security-sensitive may alter the real estate market dynamics in specific regions. For example, areas with properties identified as sensitive might see decreased demand, affecting property values and investment opportunities. Conversely, properties outside these designated areas could become more attractive to investors, leading to shifts in local economies and real estate trends.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2116 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 2116

To require the Committee on Foreign Investment in the United States to 
 annually review, update, and report on the facilities and property of 
    the United States Government determined to be national security 
  sensitive for purposes of review of real estate transactions under 
           section 721 of the Defense Production Act of 1950.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2025

 Mr. Scott of South Carolina (for himself, Mr. Crapo, Mr. Rounds, Mr. 
Tillis, Mr. Kennedy, Mr. Hagerty, Mrs. Britt, Mr. Ricketts, Mr. Cramer, 
  Mr. Moreno, Mr. Banks, and Mr. McCormick) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Committee on Foreign Investment in the United States to 
 annually review, update, and report on the facilities and property of 
    the United States Government determined to be national security 
  sensitive for purposes of review of real estate transactions under 
           section 721 of the Defense Production Act of 1950.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REVIEW OF AND REPORTING ON NATIONAL SECURITY SENSITIVE SITES 
              FOR PURPOSES OF REVIEWS OF REAL ESTATE TRANSACTIONS BY 
              THE COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES.

    (a) List of National Security Sensitive Sites.--Section 
721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 
4565(a)(4)(C)) is amended by adding at the end the following:
                            ``(iii) List of sites.--For purposes of 
                        subparagraph (B)(ii), the Committee may 
                        prescribe through regulations a list of 
                        facilities and property of the United States 
                        Government that are sensitive for reasons 
                        relating to national security. Such list may 
                        include certain facilities and property of the 
                        intelligence community and National 
                        Laboratories (as defined in section 2 of the 
                        Energy Policy Act of 2005 (42 U.S.C. 
                        15801)).''.
    (b) Review and Reports.--Section 721(m) of the Defense Production 
Act of 1950 (50 U.S.C. 4565(m)(2)) is amended--
            (1) in paragraph (2), by adding at the end the following:
                    ``(L) A list of all notices and declarations filed 
                and all reviews or investigations of covered 
                transactions completed during the period relating to 
                facilities and property of the United States Government 
                determined to be sensitive for reasons relating to 
                national security for purposes of subsection 
                (a)(4)(B)(ii).
                    ``(M) A certification that the list of sites 
                identified under subsection (a)(4)(C)(iii) reflects 
                consideration of the recommended updates and revisions 
                submitted under paragraph (4)(B). Upon request from any 
                Member of Congress specified in subsection 
                (b)(3)(C)(iii), the chairperson shall provide a 
                classified briefing to that Member, and staff of the 
                member with appropriate security clearances, regarding 
                the list of sites identified under subsection 
                (a)(4)(C)(iii).'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) Annual review of list of facilities and property.--
        Not later than January 31 of each year, each member of the 
        Committee shall--
                    ``(A) review the facilities and property of the 
                agency represented by that member that are on the list 
                prescribed under subparagraph (C)(iii) of subsection 
                (a)(4) of facilities and property that are sensitive 
                for reasons relating to national security for purposes 
                of subparagraph (B)(ii) of that subsection; and
                    ``(B) submit to the chairperson a report on that 
                review, after approval of the report by an Assistant 
                Secretary or equivalent official of the agency, which 
                shall include any recommended updates or revisions to 
                the list regarding facilities and property administered 
                by the member of the Committee.''.
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