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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | January 24, 2024 10:09 AM |
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| From: | Representative Barbara Gleim and Rep. Stephenie Scialabba, Rep. Timothy R. Bonner |
| To: | All House members |
| Subject: | Prevent unfriendly foreign entities from gaining access to and influencing our institutions and assets |
| Over the past several years, there has been increased attention paid to the efforts of unfriendly foreign nations and related actors to influence our institutions and gain ownership and access to our critical infrastructure and facilities. While the federal government maintains the frontline defenses against such foreign efforts through the military and national security apparatus, the Commonwealth has a role to play, particularly when it comes to oversight of institutions and functions that are typically handled at the state level. Several incidents across the nation have highlighted some areas of concern that the Commonwealth can address. The increase in ownership of domestic farmland by foreign entities raises questions about food security. The hacking of the Aliquippa Municipal Authority shows the need for the Commonwealth to provide cyber security assistance to protect infrastructure. The military deemed the purchase of 370 acres near an Air Force Base in North Dakota by a Chinese firm a security risk. This legislative package is designed to prevent unfriendly foreign nations and related actors from gaining access to and influencing our institutions and assets. |
Document #1
Introduced as HB1995
| Description: | DOCUMENT 1 (Rep. Gleim): Protecting the Commonwealth’s agricultural lands from acquisition by foreign entities and foreign governments. As of December 31, 2022, more than 400,000 acres of farmland in the Commonwealth is foreign owned, which amounts to 2.3% of the privately held agricultural land. While this is a relatively low figure in comparison to other states, it is an increase of more than 50,000 acres from the previous year. The Agricultural Land Acquisition by Aliens Law (Act 39 of 1980) prohibits aliens who are not residents of the United States and foreign governments from purchasing more than 100 acres of farmland in the Commonwealth. This legislation would expand that prohibition to apply to foreign principals, meaning government officials of countries of concern (i.e. China, Russia, Belarus, Iran, North Korea, Venezuela, Syria, and other countries that do not permit Americans to purchase farmland in their country), political parties and members of political parties of countries of concern, business entities organized under the laws of countries of concern, individuals domiciled in a country of concern and not a lawful citizen or permanent resident of the United States, and business entities with a controlling interest owned by foreign principals. |
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Document #2
| Description: | DOCUMENT 2 (Rep. Scialabba): Establishing a cyber security task force to assist institutions and facilities with cyber security needs and requiring the implementation of security safeguards. The recent hacking of the drinking water equipment owned by the Aliquippa Municipal Authority shows that cyber security is no longer only a concern for our largest institutions and facilities that have substantial in-house information technology capabilities. The Commonwealth’s utilities, schools, local governments, and critical businesses need assistance in preventing and responding to ever-evolving cyberattacks. This legislation would establish the Pennsylvania Cyber Security Task Force, which would be composed of staff from the Pennsylvania Emergency Management Agency, the Pennsylvania State Police, the Public Utility Commission and other critical stakeholders. This task force would have two functions. First, it would be charged with identifying potential cyber threats to critical institutions and facilities in the Commonwealth and helping to develop effective responses, including the recovery of operations. Second, the legislation would require utilities, schools and local governments to establish appropriate administrative, physical and technical safeguards to help prevent attacks, promote resiliency and improve response time and effectiveness. Recognizing that decentralization is a security asset, specific care will be taken to ensure that the task force does not become a vulnerability in and of itself. The task force will not be permitted to gain access to sensitive systems or data, nor will it create a roadmap of vulnerabilities for unfriendly persons, foreign or domestic, to exploit. |
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Document #3
Introduced as HR309
| Description: | DOCUMENT 3 (Rep. Bonner): Reviewing the risk to critical infrastructure from foreign purchase of critical infrastructure assets and adjacent land. The federal government has long acknowledged the possible risk to national security that comes from the foreign purchase of domestic assets. These transactions are reviewed under the Committee on Foreign Investment in the United States, which has the authority to reject such transactions that imperil national security. However, no similar mechanism exists for the review of transactions that pose a risk to the Commonwealth, including threats to educational institutions, critical infrastructure and utilities. This legislation would direct the Joint State Government Commission to review possible policies the Commonwealth can establish to review foreign purchases of critical infrastructure assets and adjacent land in the Commonwealth for possible security implications. |
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