HR 5409 · 118th Congress 2023–2025, ended

Safeguarding American Farms from Foreign Influence Act

Latest action · Dec 19, 2024 Placed on the Union Calendar, Calendar No. 782.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 12, 2023
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors 5

Members who signed on, in the order they did. Signatures ran from Sep 18, 2023 to Sep 28, 2023.

SeatCosponsorSigned on
R-MIBill HuizengaSep 18, 2023
R-IAZachary NunnSep 18, 2023
R-KYAndy BarrSep 19, 2023
D-CABrad ShermanSep 19, 2023
D-NCKathy E. ManningSep 28, 2023

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseFinancial Services Committee
Referred Sep 12, 2023Markup Sep 20, 2023Reported Dec 5, 2024
HouseForeign Affairs Committee
Referred Sep 12, 2023 Dec 5, 2024Discharged Dec 19, 2024
HouseEnergy and Commerce Committee
Referred Sep 12, 2023 Dec 5, 2024Discharged Dec 19, 2024

Actions 10

Everything that happened, newest first.

  1. Dec 19, 2024Committee on Foreign Affairs discharged.
  2. Dec 19, 2024Committee on Energy and Commerce discharged.
  3. Dec 19, 2024Placed on the Union Calendar, Calendar No. 782.
  4. Dec 5, 2024Reported (Amended) by the Committee on Financial Services. H. Rept. 118-801, Part I.
  5. Dec 5, 2024House Committee on Foreign Affairs Granted an extension for further consideration ending not later than Dec. 19, 2024.
  6. Dec 5, 2024House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Dec. 19, 2024.
  7. Sep 20, 2023Committee Consideration and Mark-up Session Held
  8. Sep 20, 2023Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 44 - 0.
  9. Sep 12, 2023Introduced in House
  10. Sep 12, 2023Referred 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.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Nov 21, 2023H.R. 5409, Safeguarding American Farms from Foreign Influence ActAs ordered reported by the House Committee on Financial Services on September 20, 2023

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3 The single subject of this legislation is: To amend the Defense Production Act of 1950 to require the Committee on Foreign Investment in the United States to determine whether a national security review is needed for reportable agriculturalland transactions by the Secretary of Agriculture, and for other purposes.

The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 147, September 12, 2023, page H4265.

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Defense Production Act of 1950 to require the Committee on Foreign Investment in the United States to determine whether a national security review is needed for reportable agricultural land transactions referred by the Secretary of Agriculture, and for other purposes.
Short Title(s) as Introduced
Safeguarding American Farms from Foreign Influence Act
Short Title(s) as Reported to House
Safeguarding American Farms from Foreign Influence Act

Subjects

Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.

Text 2

Each version as it was printed, newest first.

  1. Dec 19, 2024Reported in House
  2. Sep 12, 2023Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.