Bill Details
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This bill would give the Agriculture Secretary a formal role in reviewing certain foreign investments that involve U.S. farming and food-related businesses. It is aimed at protecting farmland, farm technology, and parts of the agriculture supply chain when a foreign buyer from a country seen as a U.S. adversary wants to make a deal. The bill also makes sure that special attention is given to land purchases by foreign buyers from China, North Korea, Russia, and Iran, so the federal government can decide whether a transaction should be reviewed more closely or blocked if needed.
- The Agriculture Secretary would join the federal review committee for deals involving agricultural land, farm biotechnology, and agriculture-related transportation, storage, and processing.
- When the Agriculture Secretary reports a likely risky farmland deal, the committee must decide whether it is a covered transaction and whether it should start a full review or take another action.
- The bill focuses on foreign buyers from China, North Korea, Russia, and Iran, and these special rules would stop applying to a country if it is removed from the federal list of foreign adversaries.
- A “reportable agricultural land transaction” is a land purchase or similar deal involving agricultural land by a foreign person from one of those countries, when the deal must already be reported under existing farm foreign investment rules.
Official Summaries
Protecting American Agriculture from Foreign Adversaries Act of 2025
This bill makes changes to the Committee on Foreign Investment in the United States (CFIUS), including by requiring CFIUS to determine whether a national security review is necessary for reportable agricultural land transactions that are referred by the Department of Agriculture (USDA). (CFIUS oversees the national security risks of certain foreign investment in the United States. CFIUS has the authority to review covered transactions, which include mergers, acquisitions, and takeovers that could result in foreign control of a U.S. business; certain investments in businesses involved in critical technologies, critical infrastructure, or sensitive personal data; and certain real estate transactions.)
Specifically, the bill directs CFIUS to, after receiving notification from USDA, determine (1) whether a reportable agricultural land transaction is a covered transaction, and (2) whether CFIUS should initiate a national security review or take another action with respect to the transaction.
Reportable agricultural land transaction means a transaction (1) that USDA has reason to believe is a covered transaction; (2) that involves the acquisition of an interest in agricultural land by a foreign person of China, North Korea, Russia, or Iran; and (3) with respect to which a foreign person is required to submit a report to USDA regarding their agricultural land transactions.
The bill also expands the membership of CFIUS to include the Secretary of Agriculture for covered transactions that involve agricultural land, agricultural biotechnology, or the agriculture industry (e.g., agricultural transportation, storage, and processing).
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 732 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 732
To amend the Defense Production Act of 1950 with respect to foreign
investments in United States agriculture, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2025
Mr. Marshall (for himself, Ms. Baldwin, Mr. Barrasso, and Mr. Young)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Defense Production Act of 1950 with respect to foreign
investments in United States agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Agriculture from
Foreign Adversaries Act of 2025''.
SEC. 2. INCLUSION OF SECRETARY OF AGRICULTURE ON COMMITTEE ON FOREIGN
INVESTMENT IN UNITED STATES AND CONSIDERATION OF CERTAIN
AGRICULTURAL LAND TRANSACTIONS.
(a) Inclusion on the Committee.--Section 721(k) of the Defense
Production Act of 1950 (50 U.S.C. 4565(k)) is amended by adding at the
end the following:
``(8) Inclusion of the secretary of agriculture.--The
Secretary of Agriculture shall be a member of the Committee
with respect to a covered transaction that involves--
``(A) agricultural land;
``(B) agriculture biotechnology; or
``(C) the agriculture industry, including
agricultural--
``(i) transportation;
``(ii) storage; and
``(iii) processing.''.
(b) Consideration of Certain Agricultural Land Transactions.--
Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C.
4565(b)(1)) is amended by adding at the end the following:
``(I) Consideration of certain agricultural land
transactions.--
``(i) In general.--After receiving
notification from the Secretary of Agriculture
of a reportable agricultural land transaction,
the Committee shall determine--
``(I) whether the transaction is a
covered transaction; and
``(II) if the Committee determines
that the transaction is a covered
transaction, whether the Committee
should initiate a review pursuant to
subparagraph (D), or take another
action authorized under this section,
with respect to the reportable
agricultural land transaction.
``(ii) Sunset.--The requirements under this
subparagraph shall terminate, with respect to a
foreign person of a covered country, on the
date on which that country is removed from the
list of foreign adversaries set forth in
section 791.4 of title 15, Code of Federal
Regulations.
``(iii) Definitions.--In this subparagraph:
``(I) Covered country.--The term
`covered country' means the People's
Republic of China, the Democratic
People's Republic of Korea, the Russian
Federation, or the Islamic Republic of
Iran.
``(II) Reportable agricultural land
transaction.--The term `reportable
agricultural land transaction' means a
transaction--
``(aa) that the Secretary
of Agriculture has reason to
believe is a covered
transaction;
``(bb) that involves the
acquisition of an interest in
agricultural land by a foreign
person of a covered country;
and
``(cc) with respect to
which a person is required to
submit a report to the
Secretary of Agriculture under
section 2(a) of the
Agricultural Foreign Investment
Disclosure Act of 1978 (7
U.S.C. 3501(a)).''.
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