Senator Marshall Introduces Legislation to Prevent Foreign Interference in American Agriculture

Washington, DC – U.S. Senator Roger Marshall, M.D. (R-Kansas) introduced the Protecting American Agriculture from Foreign Adversaries Act, which would permanently add the U.S. Secretary of Agriculture to the Committee on Foreign Investment in the United States (CFIUS) to help prevent improper foreign interference and disruption to the U.S. agriculture industry.

CFIUS is the governmental body that oversees the vetting process of foreign investment and acquisition of American companies. In addition to permanently adding the Secretary of Agriculture to CFIUS, the bill would require that the Secretary report any transaction that could threaten national security, specifically concerning purchases made by adversarial nations like China, North Korea, Russia, and Iran.

“Food Security is national security, and it’s high time that we start recognizing this before it is too late,” said Senator Marshall. “The Secretary of Agriculture needs a seat at the table when the Committee on Foreign Investment in the United States is considering foreign agricultural investments. Having an agriculture presence on CFIUS helps the committee better understand the risks foreign investment can pose to farmers and ranchers, and the Protecting American Agriculture from Foreign Adversaries Act ensures that.”

The legislation is cosponsored by Senators John Barrasso (R-Wyoming), Todd Young (R-Indiana), Tammy Baldwin (D-Wisconsin), and Deb Fischer (R-Nebraska).

“The Chinese Communist Party has proven over and over again they cannot be trusted. They are our adversary, not our ally. All Americans should be alarmed by the amount of American farmland China and other foreign entities own. Giving our adversaries any control over our agricultural resources is a direct threat to our national and food security. Senator Marshall’s legislation will help protect America’s farms and safeguard our food supply,” said Senator Barrasso.

“Nearly two-thirds of land in Indiana – and more than half of all land in the United States – is farmland,” said Senator Young. “Recent efforts by China and other adversaries to buy agricultural land across the country could present a national security threat. Indiana is a leader in restricting these purchases, but Congress must act to ensure permanent safeguards are in place in all fifty states.”

“Wisconsin’s farms are the backbone of our state,” said Senator Baldwin. “They’re not just about food, they’re about people’s livelihoods, our economy, and our way of life. That’s why I’m fighting to protect our family farms and agricultural communities from bad actors like China that threaten our food supply, economy, and national security. I’m proud to work with Democratic and Republican colleagues to protect our farmers and rural communities and ensure our Made in Wisconsin agricultural economy stays strong for the next generation.”

“Allowing our adversaries to have any form of control over our food supply is a dangerous game, and one we should never play. Our commonsense legislation will protect America’s interests by ensuring that any foreign investments in the agricultural sector are thoroughly vetted,” said Senator Fischer.

U.S. Representative Dan Newhouse (R-Washington-4) also introduced companion legislation in the House of Representatives.

“The Chinese Communist Party is our most formidable adversary, and we must act immediately to defend our food and national security interests,” said Rep. Newhouse. “Farmers, ranchers, and landowners across the country deserve the certainty offered by adding the Secretary of Agriculture to CFIUS to ensure they are not selling land to an entity controlled by the CCP. We must prevent the CCP from purchasing land near federal property, including military installations and national laboratories, to protect our domestic security interests. I am glad to have the support of my colleagues in the House and Senate on these critical pieces of legislation and appreciate the comments by President Trump and Secretary Rollins to keep our enemies out of our backyard.”

Specifically, the Protecting American Agriculture from Foreign Adversaries Act would:

• Add the Secretary of Agriculture as a member of CFIUS
• Protect the U.S. agriculture industry from foreign control through transactions, mergers, acquisitions, or agreements
• Designate agricultural supply chains as critical infrastructure and critical technologies
• Require a report to Congress on current and potential foreign investments in the U.S. agricultural industry from USDA and the Government Accountability Office (GAO) 

Read the bill HERE.

BACKGROUND:

Over the past few years, the United States has experienced a rapid increase in foreign investment in the agricultural sector, particularly from China. Growing foreign investment in agriculture and other essential industries, like health care and energy, threatens our country’s national security. 

According to USDA data from December 2023, foreign investors own approximately 45 million acres of U.S. agricultural land. This represents an increase of over 1.5 million acres in one calendar year. Foreign ownership of U.S. agricultural land increased modestly from 2012 to 2017 at an average increase of 0.6 million acres per year. However, since 2017, this number skyrocketed to an average of 2.6 million acres annually. Additionally, between 2010 and 2021, entities or individuals from China increased their ownership of U.S. agricultural land more than twentyfold, from 13,720 acres to 383,935 acres.

Data from the 2023 Agricultural Foreign Investment Disclosure Act (AFIDA) report shows that Kansas agricultural land with foreign interest totals over 1.3 million acres.

CFIUS is authorized to oversee and review foreign investment and ownership in domestic businesses as it relates to national security. Currently, the Committee does not directly consider the needs of the agriculture industry when reviewing foreign investment and ownership in domestic businesses.