Agricultural Risk Review Act of 2025

Bill Number: S. 2268
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Foreign Trade and International Finance
Status: Introduced
Latest Action: 2025-07-14: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Last Updated: 2026-04-23T14:07:30Z

AI-Generated Summary

Purpose

The Agricultural Risk Review Act of 2025 aims to strengthen national security oversight of foreign investments in the U.S. agricultural sector by integrating the Secretary of Agriculture into the Committee on Foreign Investment in the United States (CFIUS). CFIUS reviews foreign acquisitions for potential risks to national security. This bill focuses on protecting agricultural land, biotechnology, and related industries from investments by entities from certain adversarial nations.

Key Provisions

Addition of Secretary of Agriculture to CFIUS: The Secretary of Agriculture becomes a member of CFIUS specifically for "covered transactions" (foreign investments that could affect national security) involving:
Agricultural land.
Agricultural biotechnology (technology used in farming, such as genetically modified crops).
The agriculture industry, including transportation, storage, and processing of agricultural products.
Review of Reportable Agricultural Land Transactions:
Upon receiving notification from the Secretary of Agriculture, CFIUS must assess whether a transaction qualifies as a "covered transaction" and decide if a formal review or other action is needed.
A "reportable agricultural land transaction" is defined as one where:
The Secretary of Agriculture, possibly using intelligence community input, suspects it is a covered transaction.
It involves a foreign person from China, North Korea, Russia, or Iran acquiring an interest in U.S. agricultural land.
The transaction requires reporting to the Secretary of Agriculture under the Agricultural Foreign Investment Disclosure Act of 1978 (a law that mandates disclosure of foreign purchases of U.S. farmland).
Sunset Clause: The new requirements for reviewing transactions from these countries end if the respective country is removed from the U.S. list of "foreign adversaries" (as defined in federal regulations).

Significant Changes to Existing Law

Amends Section 721(k) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)) by adding the Secretary of Agriculture as a conditional CFIUS member, expanding the committee's expertise in agriculture-related matters.
Modifies Section 721(b)(1) of the same Act (50 U.S.C. 4565(b)(1)) to introduce mandatory CFIUS evaluation of certain agricultural land deals flagged by the Secretary of Agriculture, creating a new pathway for scrutiny based on agricultural security concerns. This builds on existing CFIUS authority but ties it directly to agricultural disclosures and intelligence.

Potential Impacts

On Government Agencies: Enhances coordination between the Department of Agriculture (USDA) and CFIUS, potentially increasing USDA's role in national security reviews and requiring more resources for monitoring foreign land acquisitions.
On Citizens and Businesses: Provides greater protection for U.S. farmers, landowners, and agricultural companies against potentially risky foreign takeovers, which could safeguard food supply chains and rural economies. However, it may complicate or delay legitimate foreign investments in agriculture.
On International Relations: Signals heightened U.S. vigilance toward investments from China, North Korea, Russia, and Iran, potentially straining economic ties with these nations while reassuring allies about U.S. agricultural security.

Main Stakeholders Affected

U.S. Government Entities: USDA (gains new authority and reporting duties), CFIUS member agencies (e.g., Treasury, Defense), and intelligence community (provides input on transactions).
Agricultural Sector: Farmers, landowners, biotechnology firms, and agribusinesses involved in land, transport, storage, or processing, who may face more rigorous investment scrutiny.
Foreign Investors: Entities from China, North Korea, Russia, or Iran seeking to acquire U.S. agricultural assets, who will encounter additional barriers and disclosure requirements.
General Public: U.S. citizens concerned with food security and national defense, as the bill indirectly protects domestic agriculture from foreign influence.

Notable Legal, Constitutional, or Political Implications

Legal: Reinforces CFIUS's broad authority under the Defense Production Act to address emerging security threats in non-traditional sectors like agriculture, while linking to existing disclosure laws for consistency. The sunset clause provides a mechanism for de-escalation if geopolitical conditions change.
Constitutional: Could raise questions about property rights under the Fifth Amendment (due process for takings), as it enables government review of private land sales, though it aligns with established national security exceptions.
Political: Introduced with bipartisan support (sponsors from both parties), indicating cross-aisle consensus on agricultural security amid concerns over foreign land ownership; referred to the Senate Committee on Banking, Housing, and Urban Affairs for further review.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cramer, Kevin [R-ND]

Cosponsors (5)

Sen. Alsobrooks, Angela D. [D-MD], Sen. Lummis, Cynthia M. [R-WY], Sen. Fetterman, John [D-PA], Sen. Slotkin, Elissa [D-MI], Sen. Scott, Rick [R-FL]

Recent Actions

2025-07-14: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
2025-07-14: Introduced in Senate

Bill Versions

Agricultural Risk Review Act of 2025 — issued 2025-07-14 — PDF (4 pages)