The Senate will work over the next several months to build a bill Majority Leader Chuck Schumer, D-N.Y., sees as a sequel to its China package -- also known as the Chips Act -- that could expand China-related export controls and investment restrictions.
Senators have enough bipartisan support to add the USDA secretary to the Committee on Foreign Investment in the U.S. and expand CFIUS jurisdiction to cover a broader range of agriculture-related purchases, lawmakers said this week. Several said the committee isn’t doing enough to prevent Chinese government-affiliated companies from purchasing U.S. land and want to expand its reach, particularly after CFIUS determined last year that it didn’t have the jurisdiction to intervene in a Chinese purchase of land near a North Dakota Air Force base.
A bipartisan bill could add the USDA secretary to the Committee on Foreign Investment in the U.S. and block China, Russia, Iran and North Korea from investing in American agricultural companies. The bill is aimed at “preventing foreign adversaries from taking any ownership or control of the United States’ agricultural land and agricultural businesses,” lawmakers said.
A new Senate bill would add USDA to the Committee on Foreign Investment in the U.S. and broaden disclosure requirements for land purchases by foreign entities. The Security and Oversight of International Landholdings Act, set to be introduced by Sen. James Lankford, R-Okla., will “provide oversight and transparency of purchases of U.S. agricultural land that threaten national security,” the lawmaker said this month, and will require CFIUS reviews of “agriculture real estate purchases by certain foreign entities.” Other lawmakers also have proposed adding the agriculture secretary to CFIUS (see 2106010003).
Increasing Chinese investments in U.S. agriculture could reduce China’s need for American exports and give Beijing “undue leverage over U.S. supply chains,” the U.S.-China Economic and Security Review Commission said in a report last week. The U.S. may need to rethink or improve how it uses the Committee on Foreign Investment in the U.S. to better catch those investments, the commission said, which may be harming U.S. economic and national security.
The House voted 222-210 last week to pass its China competition bill, which includes a variety of provisions that could expand U.S. export controls, sanctions and investment screening authorities. Although the America Competes Act faced objections from Republicans who argued it wasn’t tough enough on China and didn’t include strong enough export control measures (see 2202020039), several provisions could lead to more China sanctions and further restrict exports of critical American technologies.
Lawmakers submitted a host of amendments to the House’s recently released China competition bill, including measures that would introduce new export controls and sanctions authorities and requirements. One submission, a 115-page amendment from Rep. Michael McCaul, R-Texas, would create more congressional oversight of the Commerce Department’s emerging and foundational technology control effort and calls for expanded export restrictions against Chinese military companies.
Lawmakers introduced a bill last week that would seek to further protect the U.S. agriculture industry from “improper” foreign investment and add the agriculture secretary to the Committee on Foreign Investment in the U.S. The Foreign Adversary Risk Management Act, introduced in the Senate by Tommy Tuberville, R-Ala., and in the House by Ronny Jackson, R-Texas, and Filemon Vela, D-Texas, would address that CFIUS “does not directly consider the needs of the agriculture industry when reviewing foreign investment and ownership in domestic businesses,” the lawmakers said.
A House lawmaker recently introduced a bill that would add the U.S. agriculture secretary as a member of the Committee on Foreign Investment in the U.S. The Agricultural Security Risk Review Act, which has been previously introduced both in the House and Senate, would allow the U.S. Department of Agriculture to have input in investment transaction reviews, Rep. Frank Lucas, R-Okla., said May 20. The bill comes during a time when foregn ownership of U.S. agricultural businesses is “steadily” increasing, Lucas said. He called the move “long overdue.” “I know firsthand just how important our agriculture industry is, which is why Congress must remove the hurdles that keep USDA from having a permanent seat at the table with CFIUS’ review of foreign transactions," Lucas said.