S. 2268: Agricultural Risk Review Act of 2025

The Agricultural Risk Review Act of 2025 proposes to amend the Defense Production Act of 1950 by including the Secretary of Agriculture as a member of the Committee on Foreign Investment in the United States (CFIUS). This inclusion focuses on the Secretary's role in overseeing certain agricultural transactions involving foreign parties.

Key Provisions of the Bill

1. Inclusion of the Secretary of Agriculture

The bill specifies that the Secretary of Agriculture will be part of CFIUS when evaluating transactions that involve:

• Agricultural land
• Agricultural biotechnology
• The agricultural industry, which includes transportation, storage, and processing of agricultural products

2. Review of Agricultural Land Transactions

The Secretary of Agriculture is empowered to notify CFIUS about certain agricultural land transactions that may require review. CFIUS must then determine:

• If the transaction is considered a "covered transaction," and
• If it should initiate a review or take other actions regarding this transaction.

3. Reportable Agricultural Land Transactions

A "reportable agricultural land transaction" is defined as a transaction that involves:

• A foreign entity from specific countries (China, North Korea, Russia, or Iran) acquiring interests in agricultural land.
• Has been flagged based on information from the Secretary of Agriculture or intelligence community insights.
• Requires a report submission under existing laws regarding foreign agricultural investment.

4. Sunset Clause

The requirements for reviewing transactions involving foreign entities from the specified countries will end if those countries are removed from a designated list of foreign adversaries.

Relevant Companies

• CARG - **Cargill, Inc.**: This agricultural conglomerate could be impacted by the increased scrutiny over foreign investments, especially if involved in land acquisitions.
• MONS - **Monsanto (Bayer AG)**: Being involved in agricultural biotechnology, the company may face reviews of transactions related to biotechnology investments.
• DE - **Deere & Company**: As a major player in agricultural equipment, foreign investments impacting land use could indirectly affect operations and strategic partnerships.