Congress tightens foreign control of U.S. farms and agricultural land
H.R. 5760 — PASS Act of 2025 · Filed by Elise Stefanik (R-NY) · 1 cosponsor · Introduced Oct 14, 2025 · Referred to committee
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What it does
This bill expands the Committee on Foreign Investment in the United States (CFIUS) to include the Secretary of Agriculture and requires CFIUS to review and block foreign investments in U.S. agricultural businesses and farmland by entities from China, Russia, Iran, and North Korea—unless the President waives the ban on national security grounds. The Secretary of Agriculture must report every 180 days on foreign purchase risks to the agricultural sector.
Why we flagged it
The bill's core mechanism is a mandatory CFIUS review and presidential prohibition on foreign acquisitions of U.S. agricultural assets by state-directed or state-domiciled entities from four named adversarial nations, with a national-security waiver option. This is a sectoral foreign-investment control, not a subsidy or deregulation.
What the text implies
- The definition of 'agriculture' incorporates the Fair Labor Standards Act of 1938 definition, which is broad and may capture food processing, distribution, and biotechnology firms beyond traditional farming—expanding CFIUS jurisdiction significantly.
- The 'covered foreign person' definition includes any entity 'registered or organized' in a prohibited country, potentially capturing U.S.-domiciled subsidiaries of foreign parents if the parent is state-directed, creating ambiguity about enforcement.
- The President's waiver authority is discretionary and requires only a 30-day notice to Congress with a national-security determination—no legislative veto or defined standard, creating potential for politicized case-by-case decisions.
- The bill does not define 'control' or specify what percentage ownership triggers CFIUS review, leaving implementation to regulation and creating uncertainty for foreign investors and U.S. agribusinesses seeking capital.
- Mandatory 180-day reporting by the Secretary of Agriculture may create political pressure to block transactions to demonstrate 'risk mitigation,' even where national security is marginal.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill protects U.S. agricultural sovereignty and food security by blocking hostile-nation control of critical food production assets—a genuine public benefit. However, it may reduce foreign investment capital available to U.S. farms and agribusinesses, potentially raising food costs or limiting agricultural expansion, and the broad definition of 'agriculture' and vague national-security waiver standard create discretionary power with limited transparency.
Who stands to gain
- U.S. agricultural companies and landowners (reduced foreign competition for acquisitions)
- Domestic agricultural investors and venture capital (increased relative access to U.S. farm assets)
Named in the bill
Committee on Foreign Investment in the United States (CFIUS), Secretary of Agriculture, Defense Production Act of 1950, People's Republic of China, Russian Federation, Islamic Republic of Iran, Democratic People's Republic of Korea, House Committee on Agriculture, Senate Committee on Agriculture, Nutrition, and Forestry
Where it stands
1 cosponsor: 1 Republicans.
- Oct 14, 2025 — Introduced · Congress.gov: “Introduced in House”
- Oct 14, 2025 — Referred to House Committee on Energy and Commerce and House Committee on Foreign Affairs · Congress.gov: “Referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, and…”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (3,595 characters) on Aug 21, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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