The bill amends the Defense Production Act of 1950 to include the Secretary of Agriculture in the Committee on Foreign Investment in the United States for transactions involving agricultural land, biotechnology, or the agriculture industry. It requires the Committee to consider agricultural land transactions involving foreign persons from specific countries, initiating a review if necessary. The bill establishes sunset provisions tied to the removal of certain foreign countries from the list of adversaries. The objective is to enhance oversight and evaluation of foreign investment in U.S. agricultural assets and industries, particularly focusing on transactions involving specified foreign entities.
Agricultural Risk Review 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, based on information from or in cooperation with the intelligence community; (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 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).