The bill, "Agricultural Risk Review Act of 2025," aims to involve the Secretary of Agriculture in reviewing foreign investment in agriculture, biotechnology, and related industries. It requires the Committee on Foreign Investment to consider transactions involving agricultural land by certain foreign entities and authorizes reviews or other actions based on the Secretary's notification. This applies to transactions involving acquisition of agricultural land by foreign individuals from specific countries. The bill also includes a provision for terminating these requirements once these countries are no longer classified as foreign adversaries. Ultimately, the bill aims to enhance oversight of foreign investment in the agricultural sector.
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).
