Congress delegates foreign land ban to executive—details TBD
H.R. 458 — Protecting our Land Act · Filed by W. Steube (R-FL) · Introduced Jan 15, 2025 · Referred to committee
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What it does
This bill directs the President to order federal agencies to create rules prohibiting foreign adversaries and state sponsors of terrorism—and their agents, subsidiaries, and affiliated persons—from buying real estate in the United States, including territories. It defines 'foreign adversary' as any foreign government or entity engaged in serious conduct harmful to U.S. national security, and 'state sponsor of terrorism' by reference to existing State Department designations.
Why we flagged it
The bill's core function is to restrict foreign hostile actors' access to U.S. real estate through regulatory prohibition. It is a national security measure, not a market intervention or private benefit.
What the text implies
- The bill delegates rule-making authority to the President without specifying enforcement mechanisms, penalties for violations, or how existing foreign-owned properties will be treated—implementation details could significantly affect scope and enforceability.
- Definition of 'foreign adversary' relies on subjective criteria ('long-term pattern or serious instances of conduct significantly adverse') without a formal designation process, potentially creating ambiguity about which entities are covered and exposing rules to legal challenge.
The full analysis lists 4 implications of this text.
Who it affects
Ordinary citizens benefit from a restriction on foreign adversaries' and terrorism sponsors' ability to acquire U.S. real estate, which addresses national security and sovereignty concerns.