Lucas on H.R. 9456: CFIUS Must Stay Focused on National Security Threats, Whether in Agriculture or Any Other Sector

Lucas on H.R. 9456: CFIUS Must Stay Focused on National Security Threats, Whether in Agriculture or Any Other Sector

Washington, September 11, 2024 - As part of House Republicans' China Week, the U.S. House of Representatives is considering H.R. 9456, the Protecting American Agriculture from Foreign Adversaries Act of 2024. H.R. 9456 will protect national security by ensuring foreign, agriculture-related investments-including those by Chinese Communist Party (CCP)-linked entities-are appropriately scrutinized by the Committee on Foreign Investment in the United States (CFIUS). This legislation builds on Financial Services Committee Republicans' efforts to combat the economic threat posed by the CCP.

Watch Congressman Frank Lucas' (OK-03) remarks on the House floor here or by clicking on the image above.

Read his remarks as prepared for delivery:

"I rise in support of H.R. 9456, the Protecting American Agriculture from Foreign Adversaries Act. This important legislation would codify a new set of policies that were enacted under the Consolidated Appropriations Act for Fiscal Year 2024. H.R. 9456 would make those measures permanent.

"I would like to begin by thanking the gentleman from Washington, Mr. Newhouse, for offering this legislation.

"The bill is straightforward: It adds the Secretary of Agriculture as a permanent member to the Committee on Foreign Investment in the United States-CFIUS-for any transaction related to the purchase of agriculture land, agricultural biotechnology, or any other transaction related to the U.S. agriculture industry.

"The bill also provides a mechanism for USDA to notify CFIUS of particularly sensitive agriculture transactions. Then, the interagency process must determine whether a review is appropriate.

"This legislation guarantees that the Agriculture Secretary will have a seat at the table.

"Ag Secretary Perdue during the Trump Administration and Secretary Vilsack under this Administration both agree that being a permanent member of CFIUS is necessary.

"In fact, during a House Agriculture Committee hearing earlier this Congress, Secretary Vilsack discussed the implications of a permanent placement of the USDA Secretary on CFIUS, saying, 'being a permanent member would allow us to educate the other members of CFIUS what to look for, and what to be sensitive to, when it comes to agriculture and agricultural production.'

"I agree with the Secretary. USDA has unique expertise that can benefit the other CFIUS members. That's why this bill is so important.

"This bill is the combination of two pieces of legislation that received unanimous recorded votes as part of a Financial Services Committee markup last fall.

"My legislation-the inclusion of the Agriculture Secretary as a CFIUS member-and my colleague from Missouri, Blaine Luetkemeyer's legislation-the USDA referral system, both enjoyed unanimous bipartisan support.

"In addition, slightly modified versions of these measures were enacted in the FY24 appropriations in March. I was pleased to see the polices become the law-of-the-land.

"H.R. 9456 would permanently authorize them, rather than rely on the annual appropriations process.

"The bill focuses the government's limited resources on foreign adversaries: the People's Republic of China, Russia, Iran, and North Korea. It is not about closing off the United States from the rest of the world.

"For decades, Congress and the Executive Branch have upheld our country's commitment to an open investment climate. Foreign investment in the United States creates millions of jobs while boosting U.S. exports and expanding R&D budgets.

"This legislation is consistent with our core American values, and consistent with the unanimous bipartisan legislation passed in the Financial Services Committee.

"Since the 1970s, USDA has been responsible for the collection of foreign ownership in U.S. agricultural land. This piece of legislation, as with the bipartisan Committee-passed version and the provision currently in law as appropriations language, empowers USDA to flag foreign persons and entities for CFIUS to consider.

"To object to this legislation is to object with current law, existing practices, and bipartisan consensus.

"CFIUS's mandate remains clear: it must stay focused on national security threats, whether in agriculture or any other sector.

"I am hopeful that this bill will soon find its way to the President's desk so that the growing cooperation between CFIUS and USDA will continue-allowing CFIUS to take advantage of the subject-matter expertise housed at the Department of Agriculture.

"Food and agricultural security is a critical component of our national security, and this legislation recognizes that.

"I urge my colleagues to support this legislation, and I yield back the balance of my time."

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