PASS Act

Promoting Agriculture Safeguards and Security Act or the PASS Act

This bill establishes requirements to address the national security risk to the U.S. agricultural sector.

Specifically, the bill prohibits foreign persons (i.e., individuals or entities) who are acting on behalf of China, Russia, Iran, or North Korea from engaging in certain transactions that would result in the person (1) purchasing or leasing U.S. agricultural land near a military installation or another facility or property that is sensitive for national security reasons, or (2) controlling a U.S. agricultural company. The prohibition does not apply if a party to the transaction voluntarily chooses to abandon the transaction. The President may waive this prohibition, on a case-by-case basis, if the waiver is in the national interest.

The bill also places the Secretary of Agriculture on the Committee on Foreign Investment in the United States (CFIUS) with respect to transactions (1) related to the purchase of agricultural land or agricultural biotechnology, or (2) otherwise related to the U.S. agricultural industry. The bill also requires CFIUS to review certain transactions involving investments by foreign persons in U.S. agricultural land.

The President must direct the issuance of regulations to implement these changes. The regulations must take effect not later than one year after the bill's enactment.

Further, the prohibitions and requirements in this bill (1) take effect 30 days after the effective date of the regulations; and (2) apply to any covered transactions that are proposed, pending, or completed on or after the effective date.