Protecting American Agriculture from Foreign Adversaries Act of 2024
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; (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 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).
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9456 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9456
To amend the Defense Production Act of 1950 with respect to foreign
investments in United States agriculture, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Agriculture from
Foreign Adversaries Act of 2024''.
SEC. 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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Rules Committee Resolution H. Res. 1430 Reported to House. Rule provides for consideration of H.R. 1398, H.R. 1425, H.R. 1516, H.R. 7980, H.R. 9456 and H.R. 9494. The resolution provides for consideration of H.R. 1398, H.R. 1425, and H.R. 1516 under a structured rule and H.R. 7980, H.R. 9456, and H.R. 9494 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.
Considered under the provisions of rule H. Res. 1430. (consideration: CR H5168-5173)
Rule provides for consideration of H.R. 1398, H.R. 1425, H.R. 1516, H.R. 7980, H.R. 9456 and H.R. 9494. The resolution provides for consideration of H.R. 1398, H.R. 1425, and H.R. 1516 under a structured rule and H.R. 7980, H.R. 9456, and H.R. 9494 under a closed rule. The resolution provides for one hour of general debate and one motion to recommit on each bill.
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DEBATE - The House proceeded with one hour of debate on H.R. 9456.
The previous question was ordered pursuant to the rule.
Mr. Takano moved to recommit to the Committee on Financial Services.
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 9456, the Chair put the question on the motion to recommit and by voice vote announced that the ayes had prevailed. Mr. Lucas demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H5185-5186)
On motion to recommit Failed by the Yeas and Nays: 203 - 213 (Roll no. 414). (CR H5185)
Roll Call #414 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 269 - 149 (Roll no. 415).
Roll Call #415 (House)On passage Passed by the Yeas and Nays: 269 - 149 (Roll no. 415).
Roll Call #415 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.