BISMARCK, N.D. – In 2021, the Chinese Fufeng Group purchased 370 acres of land for a wet-corn milling plant 12 miles from Grand Forks Air Force Base (GFAFB), alarming the community. U.S. Senator Kevin Cramer (R-ND) was a vocal opponent of the purchase due to national security concerns, given the food manufacturer’s ties to the Chinese Communist Party and the sensitive work performed at the base. He requested the Committee on Foreign Investment in the United States (CFIUS) review the investment. The committee ultimately concluded it lacked the legal jurisdiction to make a determination, regardless of the merits of the case. In a January 2023 letter, the U.S. Air Force officially asserted the Fufeng project “presents a significant threat to national security with both near- and long-term risks of significant impacts to our operations in the area.”
In the years since, Cramer has been at the forefront of expanding CFIUS’ jurisdiction. He joined fellow Senate Banking Committee members U.S. Senators Tim Scott (R-SC), Mike Crapo (R-ID), Mike Rounds (R-SD), Thom Tillis (R-NC), John Kennedy (R-LA), Bill Hagerty (R-TN), Katie Britt (R-AL), Pete Ricketts (R-NE), Jim Banks (R-IN), Bernie Moreno (R-OH), and Dave McCormick (R-PA) in introducing the Protect Our Bases Act to update records of military, intelligence, and national laboratory facilities, which should be designated as sensitive sites for national security purposes.
“Every time a foreign adversary acquires land near U.S. military installations and sensitive sites, the safety and security of our nation is at risk,” said Cramer. “The Protect our Bases Act will allow CFIUS to make necessary updates to hold our adversaries accountable, protect us from potential national security threats, and bring much-needed transparency and clarity to the table. We should discourage land being sold to bad people.”
The Protect Our Bases Act provides CFIUS with streamlined authority to address foreign adversary investment near sensitive national security sites in the United States rather than rely on member agencies to maintain updated lists of sensitive sites. These lists are used as the basis to review transactions. The legislation will consolidate statutory authorities for CFIUS to utilize its list of sensitive national security sites, including U.S. military installations, intelligence facilities, and national laboratories. It also requires committee members to update their equities on the list annually and reporting to Congress on CFIUS actions and reviews related to listed sites.
Following the Fufeng controversy, CFIUS expanded jurisdiction over GFAFB and seven other bases. Cramer cosponsored amendments included in the Fiscal Year 2024 National Defense Authorization Act to defend national security against these concerning investments. The Fiscal Year 2024 Appropriations minibus included language Cramer supported to add the Secretary of Agriculture to CFIUS to review foreign agricultural and biotechnology purchases of national concern. He also introduced legislation empowering governors to proactively ask CFIUS whether a proposed transaction would warrant or trigger a review prior to the project’s development.
Click here for bill text.