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Redesignates existing paragraphs (4)–(6) as (5)–(7); inserts a new paragraph after paragraph (3) defining that the term 'interest' includes a security interest and a lease (without regard to duration); and adds a new subparagraph (E) to the definition of 'foreign person' covering certain non-individual, non-government issuers of equity securities primarily traded on a foreign securities exchange in specified countries.
Amends section 2 (reporting requirements) by striking each place a specified phrase appears (the text states 'by striking each place it appears').
Modifies the civil penalty provision by replacing the existing percentage limitation language and adds a new subsection requiring a lien be placed on the agricultural land for which a penalty is imposed until the penalty is paid.
Replaces the existing public inspection requirement with a requirement that the Secretary publish human- and machine-readable datasets in a specified internet database, update those datasets promptly (no later than 30 days after receipt of any report), and include specified data elements such as purchase price/consideration, updated estimated values, and descriptions of foreign persons holding at least 1 percent categorized by ownership type.
Blocks certain foreign persons from buying or leasing U.S. agricultural land and authorizes the President to use emergency economic authorities to enforce that ban, with civil penalties for violations. It also bars those covered persons who own or lease U.S. agricultural land from participating in most USDA programs (with narrow exclusions), tightens foreign‑ownership reporting requirements for agricultural land, requires public, machine‑readable disclosure of reported data, and orders three federal reports on risks, malign influence, monitoring, and enforcement.
Defines “agricultural land” by reference to section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508). The term also specifically includes land described in section 9(1) of that Act that is used for ranching purposes.
Defines “covered person” by reference to the meaning given in section 7.2 of title 15, Code of Federal Regulations (as in effect on the date of enactment of this Act), with the modification that references to “foreign adversary” in that definition are to be read as referring to the governments or persons owned by/controlled by/subject to the jurisdiction or direction of the listed foreign adversaries (Iran; North Korea; the People’s Republic of China; the Russian Federation). The term does not include a United States citizen or an alien lawfully admitted for permanent residence in the United States.
Defines “Secretary” to mean the Secretary of Agriculture.
States that the term “United States” includes any State, territory, or possession of the United States.
The President must take actions necessary to prohibit covered persons from purchasing or leasing public agricultural land owned by the United States and administered by the head of any Federal department or agency, including the Secretary, the Secretary of the Interior, and the Secretary of Defense.
Who is affected and how:
Foreign persons and foreign‑listed companies: Directly targeted. Covered foreign investors face transaction prohibitions, potential blocking by the President under IEEPA, exclusion from many USDA programs if they own or lease U.S. agricultural land, and heightened reporting scrutiny. Some foreign‑traded issuers are expressly captured by the expanded definition of "foreign person." This may reduce or alter foreign investment flows into U.S. farmland.
U.S. owners, operators, and farmers: Owners and agricultural operators must contend with stricter reporting rules, potential investigations, and the public disclosure of AFIDA reports. Those selling or leasing to covered foreign persons may find transactions blocked, delayed, or subject to federal enforcement. Farmers who rely on USDA programs should note the Act’s program exclusions and possible verification requirements.
USDA and Farm Service Agency: Must implement new verification procedures, collect more detailed AFIDA reporting, publish human‑ and machine‑readable datasets, and manage enforcement (including liens and penalties). Administrative workload and IT/data‑publishing costs will increase.
Federal government and national security community: DNI and GAO receive mandated reporting responsibilities; executive branch will exercise IEEPA authorities and coordinate intelligence analysis of foreign investor motives and malign influence.
State and local governments: Will interact with federal monitoring and reporting efforts; the Act requires assessment of the role of state/local authorities but does not clearly fund additional state responsibilities, potentially creating coordination and compliance demands without new resources.
Markets and communities: Increased transparency and enforcement may reduce some foreign purchases of farmland and could chill certain types of investment; conversely, it could reassure stakeholders worried about strategic foreign ownership. Public disclosure of ownership data could affect privacy and local land‑market dynamics.
Potential legal and operational risks:
Expand sections to see detailed analysis
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced February 18, 2025 by Thomas Hawley Tuberville · Last progress February 18, 2025
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Introduced in Senate