Congress expands foreign-investment vetting for state-controlled real estate and factories
S. 1388 — PROTECT Act of 2025 · Filed by Bernie Moreno (R-OH) · 2 cosponsors · Introduced Apr 9, 2025 · Referred to committee
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What it does
This bill expands the Committee on Foreign Investment in the United States (CFIUS) authority to review foreign real-estate and factory investments by governments of concern (and entities they control). It requires mandatory filing of declarations for greenfield and brownfield investments—new construction or redevelopment projects—by foreign state actors, closing a gap in current oversight that allows such investments to proceed without CFIUS review.
Why we flagged it
The bill's core mechanism is expanding CFIUS jurisdiction over greenfield and brownfield real-estate and industrial investments by foreign state actors. It is a regulatory expansion designed to close a perceived gap in national-security review authority, not a tax provision, subsidy, or commemorative measure.
What the text implies
- The definition of 'control' includes informal arrangements to act in concert, which may be difficult to detect and prove, potentially creating enforcement uncertainty and litigation risk.
- The 5% ownership threshold and 3-year lookback for indirect government interest may capture legitimate foreign private investment if government entities hold minority stakes, broadening the scope beyond direct state control.
- Mandatory filing requirements may slow or deter foreign investment in U.S. real estate and manufacturing, which could reduce property values, construction jobs, and tax revenue in affected regions.
- The bill does not specify timelines for CFIUS review, remedies for delayed decisions, or appeal mechanisms, leaving investors in legal limbo and potentially creating leverage for negotiated concessions.
- Definition of 'countries of concern' is cross-referenced to another statute (Research and Development, Competition, and Innovation Act § 10612), making the scope dependent on external regulatory definitions that may change.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill strengthens government oversight of foreign state-controlled investments in U.S. real estate and industrial facilities, reducing the risk that hostile or strategic competitors can acquire sensitive infrastructure or land without scrutiny. Citizens benefit from enhanced national-security vetting, though the practical impact depends on CFIUS enforcement and the definition of 'countries of concern.'
Who stands to gain
- U.S. real-estate developers and domestic construction firms (reduced foreign competition for greenfi
- Domestic manufacturing and industrial operators (reduced foreign state-controlled competition)
Named in the bill
Committee on Foreign Investment in the United States (CFIUS), Defense Production Act of 1950, Research and Development, Competition, and Innovation Act, Foreign countries of concern, Foreign persons, U.S. real estate market
Where it stands
2 cosponsors: 1 Democrats, 1 Republicans.
- Apr 9, 2025 — Introduced · Congress.gov: “Introduced in Senate”
- Apr 9, 2025 — Referred to Senate Committee on Banking, Housing, and Urban Affairs · Congress.gov: “Read twice and referred to the Committee on Banking, Housing, and Urban Affairs”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (3,022 characters) on Aug 18, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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