PASS Act of 2025
- Bill Number
- H.R. 5760
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Agriculture and Food
- Status
- Introduced
- Latest Action
- 2025-10-14: 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.
- Last Updated
- 2025-11-19T19:49:32Z
AI-Generated Summary
Purpose
The Promoting Agriculture Safeguards and Security Act of 2025 (PASS Act) aims to protect U.S. agriculture from foreign influence by expanding the role of the Committee on Foreign Investment in the United States (CFIUS). CFIUS is a government panel that reviews foreign investments in U.S. businesses for national security risks. The Act adds oversight for agricultural transactions and prohibits certain deals involving countries seen as threats.
Key Provisions
- Inclusion of Secretary of Agriculture in CFIUS: Adds the Secretary of Agriculture as a member of CFIUS, alongside existing members like the Secretaries of Treasury, Defense, and others.
- Expanded CFIUS Review Scope:
- Requires CFIUS to review foreign investments in U.S. businesses involved in agriculture or biotechnology related to agriculture.
- Covers purchases, leases, or concessions of private U.S. real estate used for agriculture.
- Defines "agriculture" using the term from the Fair Labor Standards Act (1938), which includes farming activities like crop production, livestock, and related operations.
- Prohibition on Certain Transactions:
- Bans deals that would give control or allow investment by "covered foreign persons" in U.S. agricultural businesses or farmland.
- "Covered foreign persons" include individuals or entities tied to "prohibited countries": China, Russia, Iran, and North Korea (e.g., citizens, government-directed actors, or companies based there).
- The President can waive this ban on a case-by-case basis if it's vital for U.S. national security, but must notify Congress at least 30 days in advance.
- Reporting Requirements:
- The Secretary of Agriculture must submit reports to congressional agriculture committees every 180 days on risks from foreign purchases of U.S. agricultural businesses.
Significant Changes to Existing Law
- Amends Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), which governs CFIUS operations.
- Broadens "covered transactions" to explicitly include agriculture-related investments and real estate deals, which were not previously mandated for review.
- Introduces a strict prohibition on transactions with entities from prohibited countries, going beyond prior CFIUS recommendations (which could suggest mitigation but not always block deals).
- Adds the agriculture definition and the new CFIUS membership slot, integrating agricultural expertise into foreign investment reviews for the first time.
Potential Impacts
- On Government Agencies: Increases workload for CFIUS and the Department of Agriculture, requiring more reviews and reports. Could lead to better coordination between economic security and food production policies.
- On Citizens: Strengthens safeguards for U.S. farmers and rural communities by limiting foreign control over farmland and agribusiness, potentially preserving domestic food security and jobs. However, it might raise land prices or limit investment options.
- On International Relations: May deter investments from prohibited countries, escalating tensions with China, Russia, Iran, and North Korea. Could affect broader trade ties but signals U.S. commitment to protecting critical sectors like agriculture from geopolitical rivals.
Main Stakeholders Affected
- U.S. Agricultural Businesses and Farmers: Gain protection from unwanted foreign takeovers but may face delays in legitimate deals.
- Foreign Investors from Prohibited Countries: Face new barriers to acquiring U.S. farmland or agribusinesses, potentially redirecting capital elsewhere.
- Government Agencies: CFIUS members (e.g., Treasury, Defense) and Agriculture Department must adapt processes; Congress receives ongoing risk assessments.
- Biotech and Real Estate Sectors: Companies in agriculture-related tech or land deals will undergo additional scrutiny.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces national security authority under the Defense Production Act but introduces mandatory prohibitions, which could lead to challenges over property rights (e.g., foreign owners' due process). Waivers provide flexibility to avoid overly rigid outcomes.
- Constitutional: Aligns with Congress's power to regulate foreign commerce and national security (Article I, Section 8), but prohibitions on real estate might raise Fifth Amendment concerns if seen as takings without compensation—though national security justifications typically prevail in courts.
- Political: Highlights bipartisan concerns over foreign ownership of U.S. food supply amid global tensions; could influence future farm bills or trade policies, emphasizing "America First" approaches to critical infrastructure without broad economic restrictions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Stefanik, Elise M. [R-NY-21]
Cosponsors (1)
Rep. Crawford, Eric A. "Rick" [R-AR-1]
Recent Actions
- 2025-10-14: 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.
- 2025-10-14: 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.
- 2025-10-14: 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.
- 2025-10-14: Introduced in House
- 2025-10-14: Introduced in House
Bill Versions
- Promoting Agriculture Safeguards and Security Act of 2025 — issued 2025-10-14 — PDF (6 pages)