Legislative Summary: S. 2116
Title: 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.
Overview
S. 2116 aims to strengthen the oversight of real estate transactions involving foreign entities near sensitive U.S. government sites. The bill amends the Defense Production Act of 1950 to require the Committee on Foreign Investment in the United States (CFIUS) to maintain and regularly update a formal list of government properties deemed "national security sensitive."
The primary intent is to ensure that the federal government has a current, accurate, and vetted inventory of sensitive locations—such as intelligence community facilities and National Laboratories—to better evaluate whether foreign real estate acquisitions pose a risk to national security.
Key Provisions
1. Establishment of a Sensitive Sites List
The bill authorizes CFIUS to prescribe regulations that create a formal list of U.S. government facilities and properties that are sensitive for national security reasons. Explicitly mentioned as potential inclusions are:
* Intelligence Community facilities
* National Laboratories (as defined by the Energy Policy Act of 2005)
2. Mandatory Annual Reviews
To prevent the list from becoming obsolete, the bill imposes a strict annual maintenance cycle:
* Deadline: By January 31 of each year, every member of CFIUS must review the facilities and property of their respective agency that appear on the list.
* Reporting: Members must submit a report to the CFIUS chairperson recommending updates or revisions.
* Approval: These reports must be approved by an Assistant Secretary or an equivalent high-level agency official.
3. Enhanced Transparency and Reporting
The bill modifies the reporting requirements for CFIUS to include:
* Transaction Data: A list of all notices, declarations, and completed reviews/investigations regarding "covered transactions" involving these sensitive properties.
* Certification: A formal certification that the sensitive sites list has been updated based on the annual agency reviews.
* Congressional Oversight: Upon request, the CFIUS chairperson must provide classified briefings to Members of Congress (and their cleared staff) regarding the specific sites identified on the list.
Who is Affected?
- CFIUS and Federal Agencies: Agencies represented on the Committee will face new annual reporting and auditing requirements.
- Foreign Investors: Entities seeking to purchase real estate near U.S. government facilities may face more rigorous and updated scrutiny during the review process.
- Congress: Members of Congress will have increased access to classified information regarding which sites are considered sensitive.
Procedural Status
- Introduced: June 18, 2025
- Current Status: Referred to the Committee on Banking, Housing, and Urban Affairs.
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