H.R. 5409: Safeguarding American Farms from Foreign Influence Act

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 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.)

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.

Under this bill, reportable agricultural land transaction 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.

Written by the Congressional Research Service, Library of Congress.