Senator Baldwin Introduces Bipartisan Bill to Increase Oversight of Foreign Ownership of American Agriculture

WASHINGTON, D.C. – U.S. Senator Tammy Baldwin (D-WI) introduced the Protecting American Agriculture from Foreign Adversaries Act to increase scrutiny surrounding the purchase of agricultural land by foreign adversaries like China. The bipartisan bill would permanently add the U.S. Secretary of Agriculture to the Committee on Foreign Investment in the United States (CFIUS) to add additional scrutiny of farmland and agricultural industry purchases by foreign adversaries like China, North Korea, Russia, or Iran and help prevent improper foreign disruption to the U.S. agriculture industry.

“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.”

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.

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.

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) 

The bill is led by Senator Roger Marshall (R-KS) and also co-sponsored by Senators John Barrasso (R-WY), Todd Young (R-IN), and Deb Fischer (R-NE). U.S. Representative Dan Newhouse (R-WA-04) also introduced companion legislation in the House of Representatives.

Full text of the legislation can be found here.

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