H.R. 5760

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5760 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5760

To amend the Defense Production Act of 1950 to include the Secretary of 
Agriculture on the Committee on Foreign Investment in the United States 
and require review of certain agricultural transactions, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 14, 2025

Ms. Stefanik (for herself and Mr. Crawford) 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 to include the Secretary of 
Agriculture on the Committee on Foreign Investment in the United States 
and require review of certain agricultural transactions, 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 ``Promoting Agriculture Safeguards and 
Security Act of 2025'' or the ``PASS Act of 2025''.

SEC. 2. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY CFIUS.

(a) In General.--Section 721 of the Defense Production Act of 1950 
(50 U.S.C. 4565) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``; 
and'' and inserting a semicolon;
(II) in clause (ii), by striking 
the period at the end and inserting ``; 
and''; and
(III) by adding at the end the 
following:
``(iii) any transaction described in clause 
(vi) or (vii) of subparagraph (B) proposed or 
pending on or after the date of the enactment 
of this clause.'';
(ii) in subparagraph (B), by adding at the 
end the following:
``(vi) Any other investment, subject to 
regulations prescribed under subparagraphs (D) 
and (E), by a foreign person in any 
unaffiliated United States business that is 
engaged in agriculture or biotechnology related 
to agriculture.
``(vii) Subject to subparagraphs (C) and 
(E), the purchase or lease by, or a concession 
to, a foreign person of private real estate 
that is--
``(I) located in the United States; 
and
``(II) used in agriculture.'';
(iii) in subparagraph (C)(i), by striking 
``subparagraph (B)(ii)'' and inserting ``clause 
(ii) or (vii) of subparagraph (B)'';
(iv) in subparagraph (D)--
(I) in clause (i), by striking 
``subparagraph (B)(iii)'' and inserting 
``clauses (iii) and (vi) of 
subparagraph (B)'';
(II) in clause (iii)(I), by 
striking ``subparagraph (B)(iii)'' and 
inserting ``clauses (iii) and (vi) of 
subparagraph (B)'';
(III) in clause (iv)(I), by 
striking ``subparagraph (B)(iii)'' each 
place it appears and inserting 
``clauses (iii) and (vi) of 
subparagraph (B)''; and
(IV) in clause (v), by striking 
``subparagraph (B)(iii)'' and inserting 
``clauses (iii) and (vi) of 
subparagraph (B)''; and
(v) in subparagraph (E), by striking 
``clauses (ii) and (iii)'' and inserting 
``clauses (ii), (iii), (iv), and (vii)''; and
(B) by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning 
given such term in section 3 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203).'';
(2) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and 
(J), as subparagraphs (I), (J), and (K), respectively; 
and
(B) by inserting after subparagraph (G) the 
following new subparagraph:
``(H) The Secretary of Agriculture.''; and
(3) by adding at the end the following:
``(r) Prohibition With Respect to Agricultural Companies and Real 
Estate.--
``(1) In general.--Notwithstanding any other provision of 
this section, if the Committee, in conducting a review and 
investigation under this section, determines that a transaction 
described in clause (i), (vi), or (vii) of subsection (a)(4)(B) 
would result in control by a covered foreign person of or 
investment by a covered foreign person in a United States 
business engaged in agriculture or private real estate used in 
agriculture, the President shall prohibit such transaction.
``(2) Waiver.--The President may waive, on a case-by-case 
basis, the requirement to prohibit a transaction under 
paragraph (1), not less than 30 days after the President 
determines and reports to the relevant committees of 
jurisdiction that it is vital to the national security 
interests of the United States to waive such prohibition.
``(3) Defined terms.--In this subsection:
``(A) Covered foreign person.--The term `covered 
foreign person' means a person that is--
``(i) acting on behalf of or otherwise 
directed by the government of a prohibited 
country;
``(ii) a citizen of a prohibited country;
``(iii) an entity that--
``(I) is registered or organized in 
a prohibited country; or
``(II) has a principal place of 
business in a prohibited country; or
``(iv) a subsidiary of an entity described 
in clause (iii).
``(B) Prohibited country.--The term `prohibited 
country' means any of the following:
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of 
Korea.''.
(b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
Agriculture shall submit to the Committee on Agriculture of the House 
of Representatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate a report on the risks that foreign purchases of 
United States businesses engaged in agriculture (as such term is 
defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203)) pose to the agricultural sector of the United States.
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