Protecting American Agriculture from Foreign Adversaries Act of 2024

Bill: 118-hr-9456
Sponsor: full_name: Rep. Newhouse, Dan [R-WA-4]
Introduced: 2024-09-06
Policy area: Foreign Trade and International Finance
Subjects: Asia

China

Department of Agriculture

Europe

Federal officials

Iran

Land transfers

Middle East

North Korea

Russia

U.S. and foreign investments
Latest action: action_date: 2024-09-12
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2024-09-06
action_desc: Introduced in House
text: <p><strong>Protecting American Agriculture from Foreign Adversaries Act of 2024</strong></p><p>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&nbsp;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.)</p><p>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.&nbsp;</p><p><em>Reportable</em><em> 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 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.</p><p>The bill also expands the membership of CFIUS to include the Secretary of Agriculture on covered transactions that involve agricultural land, agricultural biotechnology, or the agriculture industry (e.g., agricultural transportation, storage, and processing).</p>

tv_txt: II 118th CONGRESS 2d Session H. R. 9456 IN THE SENATE OF THE UNITED STATES September 12, 2024 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To amend the Defense Production Act of 1950 with respect to foreign investments in United States agriculture, and for other purposes.

1. Short title This Act may be cited as the Protecting American Agriculture from Foreign Adversaries Act of 2024 . 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) 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 of the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran; 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. (iii) Sunset The requirements under this subparagraph shall terminate, with respect to a foreign person of the respective foreign country, on the date that the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran, as the case may be, is removed from the list of foreign adversaries in section 791.4 of title 15, Code of Federal Regulations. .

Passed the House of Representatives September 11, 2024. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 9456 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Defense Production Act of 1950 with respect to foreign investments in United States agriculture, and for other purposes.

1. Short title This Act may be cited as the Protecting American Agriculture from Foreign Adversaries Act of 2024 . 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) 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 of the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran; 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. (iii) Sunset The requirements under this subparagraph shall terminate, with respect to a foreign person of the respective foreign country, on the date that the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran, as the case may be, is removed from the list of foreign adversaries in section 791.4 of title 15, Code of Federal Regulations. .

Passed the House of Representatives September 11, 2024. Kevin F. McCumber, Clerk.

tv_txt: I 118th CONGRESS 2d Session H. R. 9456 IN THE HOUSE OF REPRESENTATIVES September 6, 2024 Mr. Newhouse (for himself, Mr. Scott Franklin of Florida , Mrs. Hinson , Mr. Duncan , Ms. Hageman , Mr. Langworthy , Mr. Arrington , Ms. Malliotakis , Mr. Johnson of South Dakota , Mr. Williams of New York , Mrs. Bice , Mr. Valadao , and Mr. Edwards ) 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 with respect to foreign investments in United States agriculture, and for other purposes.

1. Short title This Act may be cited as the Protecting American Agriculture from Foreign Adversaries Act of 2024 . 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) 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 of the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran; 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. (iii) Sunset The requirements under this subparagraph shall terminate, with respect to a foreign person of the respective foreign country, on the date that the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, or the Islamic Republic of Iran, as the case may be, is removed from the list of foreign adversaries in section 791.4 of title 15, Code of Federal Regulations. .