Safeguarding American Farms from Foreign Influence Act

Bill: 118-hr-5409
Sponsor: full_name: Rep. Luetkemeyer, Blaine [R-MO-3]
Introduced: 2023-09-12
Policy area: Foreign Trade and International Finance
Subjects: Agricultural trade

Congressional oversight

Farmland

Government information and archives

Land transfers

U.S. and foreign investments
Latest action: action_date: 2024-12-19
text: Placed on the Union Calendar, Calendar No. 782.

Summaries:
action_date: 2023-09-12
action_desc: Introduced in House
text: <p><strong>Safeguarding American Farms from Foreign Influence Act</strong></p><p>This bill requires the Committee on Foreign Investment in the United States (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&nbsp;mergers, acquisitions, and takeovers that could result in foreign control of a U.S. business; certain noncontrolling investments in businesses involved in critical technologies, critical infrastructure, or sensitive personal data; and certain real estate transactions. The President may, at the recommendation of CFIUS, suspend or prohibit transactions that threaten to impair U.S. national security.)</p><p>Specifically, the bill directs CFIUS to, within 30 days of 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.&nbsp;</p><p>Under this bill, <em>reportable agricultural land transaction</em> 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, other than by a foreign person of an excepted foreign state or an excepted real estate foreign state, as such terms are defined in CFIUS regulations; and (3) with respect to which a foreign person is required to submit a report to USDA regarding their agricultural land transactions.</p>

tv_txt: IB Union Calendar No. 782 118th CONGRESS 2d Session H. R. 5409 [Report No. 118–801, Part I] IN THE HOUSE OF REPRESENTATIVES September 12, 2023 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Foreign Affairs , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned December 5, 2024 Reported from the Committee on Financial Services with an amendment Strike out all after the enacting clause and insert the part printed in italic December 5, 2024 Referral to the Committees on Foreign Affairs and Energy and Commerce extended for a period ending not later than December 19, 2024 December 19, 2024 Additional sponsors: Mr. Nunn of Iowa , Mr. Huizenga , Mr. Sherman , Mr. Barr and Ms. Manning December 19, 2024 Committees on Foreign Affairs and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on September 12, 2023 A BILL To amend the Defense Production Act of 1950 to require the Committee on Foreign Investment in the United States to determine whether a national security review is needed for reportable agricultural land transactions referred by the Secretary of Agriculture, and for other purposes.

1. Short title This Act may be cited as the Safeguarding American Farms from Foreign Influence Act . 2. 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) Notification The Secretary of Agriculture shall notify the Committee of any reportable agricultural land transaction that the Secretary of Agriculture has reason to believe may raise national security concerns. (ii) Determination 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. (iii) Reportable agricultural land transaction In this subparagraph, the term reportable agricultural land transaction means a transaction— (I) that the Secretary of Agriculture has reason to believe is a covered transaction; (II) that involves the acquisition of an interest in agricultural land by a foreign person, other than by an excepted investor or an excepted real estate investor, as such terms are defined in regulations prescribed by the Committee; and (III) 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. .

December 19, 2024 Committees on Foreign Affairs and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 5409 IN THE HOUSE OF REPRESENTATIVES September 12, 2023 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Foreign Affairs , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Defense Production Act of 1950 to require the Committee on Foreign Investment in the United States to determine whether a national security review is needed for reportable agricultural land transactions referred by the Secretary of Agriculture, and for other purposes.

1. Short title This Act may be cited as the Safeguarding American Farms from Foreign Influence Act . 2. 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 Not later than 30 days 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) Reportable agricultural land transaction In this subparagraph, the term reportable agricultural land transaction means a transaction— (I) that the Secretary of Agriculture has reason to believe is a covered transaction; (II) that involves the acquisition of an interest in agricultural land by a foreign person, other than by a foreign person of an excepted foreign state or an excepted real estate foreign state, as such terms are defined in regulations prescribed by the Committee; and (III) 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. .