- Federal agenciesEnhances national security by blocking adversary access to farmland near sensitive federal installations.
- Potential benefitReduces risk of foreign control over agricultural biotechnology and related intellectual property.
- Federal agenciesImproves interagency coordination by adding the Secretary of Agriculture to CFIUS processes.
PASS Act
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
The bill amends Section 721 of the Defense Production Act to add agriculture to CFIUS review authority. It requires CFIUS to review certain agricultural land transactions reported by USDA and allows prohibition of purchases, leases, or control by covered foreign persons from specified foreign adversary countries when the land or business is near sensitive U.S. Government or military sites.
Progressives worry about discrimination and small-farmer impacts
Relatively narrow national-security measure with low fiscal cost, but potential House concern over property rights, agricultural stakeholders, and scope.
The bill amends Section 721 of the Defense Production Act to add agriculture to CFIUS review authority.
It requires CFIUS to review certain agricultural land transactions reported by USDA and allows prohibition of purchases, leases, or control by covered foreign persons from specified foreign adversary countries when the land or business is near sensitive U.S. Government or military sites.
The President may waive prohibitions case-by-case; agencies on CFIUS must submit recent spending plans; regulations must be issued within one year and the amendments apply to transactions proposed, pending, or completed after the regulations take effect.
Narrow, security-focused change with low fiscal impact improves prospects, but federal intrusion on land and retroactive applicability could generate resistance and litigation risks.
How solid the drafting looks.
Progressives worry about discrimination and small-farmer impacts
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenCould reduce foreign investment and capital available to U.S. farms and agribusinesses.
- Potential burdenMay lower agricultural land values in designated sensitive proximity zones, impacting owners' equity.
- Potential burdenCreates additional regulatory burdens, filing requirements, and longer transaction timelines for parties.
Why the argument around this bill splits.
Progressives worry about discrimination and small-farmer impacts
Generally supportive of closing national security gaps in foreign acquisition of critical assets, but cautious about civil liberties and equity effects.
Concerned that definitions, enforcement, and discretionary presidential waivers could be applied unevenly or harm workers and trade partners.
Wants transparent, non-discriminatory rules and protections for small farmers and tenant workers.
Views the bill as a pragmatic update to CFIUS to cover agriculture for national security reasons.
Favors the national-security intent but seeks clear, narrowly tailored regulations, cost analysis, and predictable procedures to limit unintended economic disruption.
Would support with robust regulatory guidance and timelines.
Strongly favors measures that prevent foreign adversaries from acquiring U.S. agricultural land or controlling farms, especially near military sites.
Regards the expansion of CFIUS to agriculture as appropriate for national security.
Some caution about federal overreach, but security considerations dominate.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Narrow, security-focused change with low fiscal impact improves prospects, but federal intrusion on land and retroactive applicability could generate resistance and litigation risks.
- No cost estimate or agency impact analysis included
- Regulatory definitions (proximity, "sensitive") left to future rules
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives worry about discrimination and small-farmer impacts
Narrow, security-focused change with low fiscal impact improves prospects, but federal intrusion on land and retroactive applicability coul…
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