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HR 458119th CongressIn Committee

Protecting our Land Act

Introduced: Jan 15, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Protecting our Land Act would bar the purchase of any real estate located in the United States by foreign adversaries and state sponsors of terrorism, along with their agents, instrumentalities, or entities owned or controlled by them. Rather than imposing a specific statutory ban today, the bill directs the President to have federal departments and agencies issue rules and regulations to implement and enforce the prohibition. The definitions of “foreign adversary” and “state sponsor of terrorism” draw on existing U.S. law, and the term “United States” includes all U.S. states and territories. In short, the bill aims to prevent ownership of U.S. real estate by groups deemed to pose national security risks through a regulatory framework to be developed by the executive branch.

Key Points

  • 1The core prohibition: The purchase of public or private real estate in the United States by foreign adversaries, state sponsors of terrorism, their agents or instrumentality, or anyone owned/controlled by or affiliated with them is prohibited.
  • 2Regulatory implementation: The President must direct heads of federal departments and agencies to promulgate rules and regulations to enforce this prohibition.
  • 3Broad definitions:
  • 4- Foreign adversary = any foreign government or non-government actor with a long-term pattern or serious conduct significantly adverse to U.S. national security or safety.
  • 5- State sponsor of terrorism = a country officially determined by the Secretary of State to repeatedly support international terrorism under specified U.S. laws.
  • 6- United States = includes all states and U.S. territories and possessions.
  • 7Superior authority over other laws: The act states that its requirements supersede other laws to allow the regulatory action to implement the prohibition.
  • 8Short title: The bill is entitled the “Protecting our Land Act.”

Impact Areas

Primary group/area affected:- Foreign adversaries, state sponsors of terrorism, and their agents/instrumentalities or entities owned/controlled by them; and by extension, foreign individuals/entities seeking to purchase U.S. real estate.Secondary group/area affected:- Real estate market and related sectors (brokers, developers, lenders, title/escrow services) due to potential regulatory scrutiny and compliance costs.- U.S. national security and foreign policy enforcement agencies responsible for implementing and policing the new rules.Additional impacts:- Regulatory and compliance burden on entities seeking to acquire U.S. real estate (due diligence, screening, and reporting requirements once regulations are issued).- Possible chilling effect on foreign investment in U.S. real estate until rules are clarified and implemented.- Legal and market uncertainty stemming from a broad and evolving definition of “foreign adversary” and “state sponsor of terrorism” tied to other laws.
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