Promoting Agriculture Safeguards and Security Act of 2025; PASS Act of 2025
Summary
The "Promoting Agriculture Safeguards and Security Act of 2025" (PASS Act) amends the Defense Production Act of 1950. It includes the Secretary of Agriculture on the Committee on Foreign Investment in the United States (CFIUS) and mandates review of certain agricultural transactions. The bill aims to protect U.S. agriculture by scrutinizing foreign investments and land purchases.
Expected Effects
The PASS Act will broaden CFIUS's scope to include agriculture-related transactions, particularly those involving foreign entities from prohibited countries. This could lead to increased scrutiny and potential prohibition of investments in U.S. agricultural businesses and land. The Secretary of Agriculture will also be required to report on risks posed by foreign purchases of U.S. agricultural businesses.
Potential Benefits
- Enhanced national security by preventing foreign adversaries from controlling U.S. agriculture.
- Protection of domestic agricultural businesses from unfair foreign competition.
- Increased food security by safeguarding U.S. agricultural land and resources.
- Greater transparency and oversight of foreign investment in the agricultural sector.
- Support for American farmers and rural communities.
Potential Disadvantages
- Potential for increased bureaucracy and delays in foreign investment in agriculture.
- Risk of retaliatory measures from countries affected by the restrictions.
- Possible negative impact on agricultural innovation if foreign investment is curtailed.
- Limited flexibility in addressing specific cases due to the prohibition mandate.
- Potential for overreach, impacting legitimate foreign investments that do not pose a national security threat.
Constitutional Alignment
The PASS Act aligns with the Constitution's broad goals of providing for the common defense and promoting the general welfare. Specifically, it can be argued that protecting the nation's food supply through regulation of foreign investment falls under Congress's power to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to provide for the common defense (Article I, Section 8, Clause 1). The Act's potential impact on property rights and due process would need to be carefully considered to ensure compliance with the Fifth Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).