HR 1920
Farmland act of 2025
Farmland Act of 2025
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Bill overview
The Farmland Act of 2025 expands the authority of the Committee on Foreign Investment in the United States (CFIUS) to review foreign investments in U.S. agricultural land, particularly land used for agriculture, energy extraction, or critical materials production. It adds the Secretary of Agriculture and the Commissioner of Food and Drugs to CFIUS membership, strengthens enforcement of the Agricultural Foreign Investment Disclosure Act (AFIDA) through the creation of an investigative chief and a database, and prohibits foreign owners or operators from participating in Farm Service Agency programs. The bill also requires USDA and Homeland Security to develop a database of foreign-owned agricultural land and includes provisions for due diligence requirements and reporting on foreign land purchases by state sponsors of terrorism and other designated countries.
Key provisions
- Expands CFIUS authority to review foreign investments in agricultural land exceeding $5 million or 320 acres.
- Adds Secretary of Agriculture and Commissioner of Food and Drugs to CFIUS membership.
- Creates a Chief of Operations of Investigative Actions within USDA to monitor AFIDA compliance and investigate agricultural espionage.
- Establishes a database of foreign-owned agricultural land.
- Prohibits foreign persons from participating in Farm Service Agency programs.
- Requires due diligence for purchases of agricultural land.
- Mandates reporting on foreign land purchases by state sponsors of terrorism and other designated countries.
- Increases civil penalties for violations of AFIDA.
Who is affected
- Foreign investors in U.S. agriculture
- U.S. agricultural producers
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 1920
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Agricultural Foreign Investment Disclosure Act of 1978 to strengthen oversight over foreign investment in the United States agricultural industry, and for other purposes.
This Act may be cited as the Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025 FARMLAND Act of 2025
or the
.
Congress finds that—
agriculture is vital for the national security and economic prosperity of the United States and is a key element of United States national power;
agriculture of the United States feeds the people of the United States and the world, and has been a key contributor to advancements in technology and medicine;
strategic competitors of the United States have hegemonic goals to dominate the global agriculture industry and undermine the United States agriculture sector through intellectual property theft of seeds and other patented agriculture-related technologies;
China in particular has increased agricultural investments tenfold over the past decade and continues to make investments in United States agriculture, agribusiness, and animal processing industries, including by acquiring ownership of farmland in the United States;
the United States must prevent agricultural espionage and theft of intellectual property conducted by China and other foreign entities of concern (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508));
agricultural intellectual property theft may enable global competitors to undercut United States producers in international seed markets;
the Federal Government does not fully exercise its authorized oversight over investment transactions within the agricultural industry, causing—
United States farmland to be under foreign acquisition; and
the influence of foreign adversaries on agriculture in the United States to be an unknown risk factor; and
the Federal Government must enforce and modernize existing laws to monitor and prevent malign actions of foreign entities of concern (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508)) on the farms and land of the United States.
Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended—
by redesignating subsection (b) as subsection (d);
in subsection (a), in the matter preceding paragraph (1), by striking (a) If the
and all that follows through Any such civil penalty
in the third sentence and inserting the following:
A person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the person—
has failed to submit a report in accordance with the provisions of section 2; or
has knowingly submitted a report under section 2 that—
does not contain all the information required to be in such report; or
contains information that is misleading or false.
A civil penalty collected under subsection (a) shall be available to the Secretary without appropriation and remain available until expended for the purpose of enforcing this Act.
Any civil penalty imposed by the Secretary under subsection (a)
in subsection (d) (as so redesignated)—
by striking the subsection designation and all that follows through The amount
and inserting the following:
The amount
by striking of this section
; and
by striking shall not exceed 25 percent
and inserting shall be not less than 5 percent, but not more than 25 percent,
.
Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) (as amended by subsection (b)) is amended by adding at the end the following:
The Secretary shall publicly disclose the name of each person who paid to the Secretary a civil penalty imposed under subsection (a), including, if applicable, after the completion of an appeal of a civil penalty.
Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) (as amended by subsection (c)) is amended by adding at the end the following:
Using existing resources and efforts to the maximum extent practicable, the Secretary shall carry out a nationwide outreach program directed primarily towards landlords, owners, operators, persons, producers, and tenants (as those terms are defined in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the
Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025
)) of agricultural land and county property appraiser offices, land appraisal companies, and real estate auction companies to increase public awareness and provide education regarding the reporting requirements under this section.The Agricultural Foreign Investment Disclosure Act of 1978 is amended by inserting after section 4 (7 U.S.C. 3503) the following:
Any entity (including a buyer, seller, real estate agent, broker, and title company) involved in the purchase or transfer of agricultural land in the United States shall—
In this section:
The term agricultural land has the meaning given the term in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
The term appropriate committees of Congress means—
the Committee on Agriculture, Nutrition, and Forestry of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate;
the Committee on Intelligence of the Senate;
the Committee on Homeland Security of the House of Representatives;
the Committee on Agriculture of the House of Representatives; and
the Permanent Select Committee on Intelligence of the House of Representatives.
The term covered foreign country means—
the People’s Republic of China;
the Russian Federation;
a state sponsor of terrorism; and
any other country identified by the Secretary of Homeland Security or the Secretary of Agriculture.
The term covered foreign person means a foreign person (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508)) that is a citizen of, or headquartered in, as applicable, a covered foreign country.
The term State has the meaning given the term in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
The term state sponsor of terrorism means a country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism, for purposes of—
section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
any other provision of law.
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of Agriculture, with support from the Secretary of Homeland Security and the head of any other appropriate Federal agency, shall submit to the appropriate committees of Congress a report describing the national security risks of the purchase and management of agricultural land by covered foreign persons.
A report submitted under paragraph (1) shall include the following with respect to the year covered by the report:
A description of—
the number of acres of agricultural land owned or managed by covered foreign persons, organized by State; and
for each State, the percentage of land owned or managed by covered foreign persons compared to the total acreage of the State.
An analysis of the possible threat to food security, food safety, biosecurity, or environmental protection due to the ownership of agricultural land by each covered foreign country through covered foreign persons.
An analysis of the annual and total cost of support for agricultural land owned by covered foreign persons through farm programs administered by the Farm Service Agency.
An analysis of the use of agricultural land for industrial espionage or intellectual property transfer by covered foreign persons.
An analysis of the potential use by covered foreign persons of agricultural land in close proximity to manufacturing facilities, water sources, and other critical infrastructure to monitor, interrupt, or disrupt activities critical to the national and economic security of the United States.
An analysis of other threats to the agricultural industry or national security of the United States due to the ownership of agricultural land by covered foreign persons.
A report submitted under this subsection shall—
be submitted in unclassified form, but may include a classified annex; and
be consistent with the protection of intelligence sources and methods.
The Secretary shall appoint an employee in the Senior Executive Service (as described in section 3131 of title 5, United States Code) of the Department of Agriculture to serve as Chief of Operations of Investigative Actions (referred to in this section as the Chief of Operations
), who shall hire, appoint, and maintain additional employees to monitor compliance with the provisions of this Act.
The Chief of Operations may serve in such position simultaneously with a concurrent position within the Department of Agriculture.
The Secretary shall—
provide classified storage, meeting, and other spaces, as necessary, for personnel; and
assist personnel in obtaining security clearances.
The Chief of Operations shall—
monitor compliance with this Act;
refer noncompliance with this Act to the Secretary, the Farm Service Agency, and any other appropriate authority;
conduct investigations, in coordination with the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, the Department of the Treasury, the National Security Council, and State and local law enforcement agencies, on malign efforts—
to steal agricultural knowledge and technology; and
to disrupt the United States agricultural base;
conduct an annual audit of the database developed under section 6(b) of the
Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025
;seek to enter into memoranda of agreement and memoranda of understanding with the Federal agencies described in paragraph (3)—
to ensure compliance with this Act; and
to prevent the malign efforts described in that paragraph;
refer to the Committee on Foreign Investment in the United States transactions that—
publish annual reports that summarize the information contained in every report received by the Secretary under section 2 during the period covered by the report.
The Chief of Operations shall report to—
if delegated by the Secretary, to—
the Director of the Department of Agriculture Office of Homeland Security.
Section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508) is amended—
in the matter preceding paragraph (1), by striking For purposes of this Act—
and inserting In this Act:
;
in each of paragraphs (1) through (6)—
by striking the term
and inserting The term
; and
by inserting a paragraph heading, the text of which comprises the term defined in that paragraph;
by redesignating paragraphs (2) through (6) as paragraphs (3), (4), (6), (7), and (8), respectively;
by inserting after paragraph (1) the following:
The term foreign entity of concern has the meaning given the term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
by inserting after paragraph (4) (as so redesignated) the following:
The term malign effort means any hostile effort undertaken by, at the direction of, on behalf of, or with the substantial support of the government of a foreign entity of concern.
The Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended by adding at the end the following:
Not later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a report that describes the progress of the Secretary in implementing the amendments made by the
Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025
.Not later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a report on the feasibility of—
establishing a mechanism for quantifying the threats posed by foreign entities of concern to United States food security, biosecurity, food safety, environmental protection, and national defense; and
building, and submitting to the Committee on Foreign Investment in the United States for further review, a rigorous discovery and review process to review transactions described in section 721(a)(4)(B)(vi) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)(vi)).
Not later than 1 year after the date of enactment of this section, and annually thereafter for the following 10 years, the Secretary shall submit to Congress a report on the activities of the Secretary pursuant to this Act during the year covered by the report.
Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended—
in subparagraph (A)—
in clause (i), by striking ; and
and inserting a semicolon;
in clause (ii), by striking the period at the end and inserting ; and
; and
by adding at the end the following:
any transaction described in subparagraph (B)(vi) proposed or pending on or after the date of enactment of this clause.
in subparagraph (B), by adding at the end the following:
Subject to subparagraph (C), the purchase or lease by, or a concession to, a foreign entity of concern of private or public real estate in the United States if—
the value of the purchase, lease, or concession—
exceeds $5,000,000; or
in combination with the value of other such purchases or leases by, or concessions to, the same entity during the preceding 3 years, exceeds $5,000,000; or
the real estate—
exceeds 320 acres; or
in combination with other private or public real estate in the United States purchased or leased by, or for which a concession is provided to, the same entity during the preceding 3 years, exceeds 320 acres; and
the real estate is primarily used for—
agriculture, including raising of livestock and forestry;
extraction of fossil fuels, natural gas, purchases or leases of renewable energy sources; or
extraction of critical precursor materials for biological technology industries, information technology components, or national defense technologies.
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended—
by redesignating paragraphs (7) through (13) as paragraphs (8) through (14), respectively; and
by inserting after paragraph (6) the following:
The term foreign entity of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. 4565(f)) is amended—
by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively; and
by inserting after paragraph (7) the following:
the potential follow-on national security effects of the risks posed by the proposed or pending transaction to United States food security, food safety, biosecurity, environmental protection, or national defense;
Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended—
by redesignating subparagraphs (H), (I), and (J) as subparagraphs (J), (K), and (L), respectively; and
by inserting after subparagraph (G) the following:
The Secretary of Agriculture.
The Commissioner of Food and Drugs.
Section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)) is amended—
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
The President and such agencies as the President shall designate shall include in the annual report submitted under paragraph (1) a list of all real estate in the United States owned by a foreign entity of concern or a person closely associated with such an entity.
Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury, in coordination with Secretary of State and the Secretary of Homeland Security, shall submit to Congress a report that includes—
an assessment of the feasibility of requiring retroactive divestment of real estate owned by foreign entities of concern (as defined in section 721(a) of the Defense Production Act of 1950, as amended by this section); and
a description of the process used by the Committee on Foreign Investment in the United States to review the national security implications of any connections between—
foreign investment in the United States made by the Government of the People’s Republic of China or entities controlled by or acting on behalf of that Government; and
the Chinese Communist Party.
The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after such date of enactment.
In this section:
The term agricultural land has the meaning given the term in section 781.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act).
In this section, the term appropriate committees of Congress has the meaning given the term in section 3(a).
The term database means the database developed under subsection (b).
The term foreign person has the meaning given the term in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
The term Secretaries means—
the Secretary of Agriculture; and
the Secretary of Homeland Security.
Subject to the availability of appropriations, not later than 3 years after the date of enactment of this Act, the Secretaries, acting jointly, shall develop a database of agricultural land owned by foreign persons, using data that are—
pursuant to the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.); and
from FSA–153 forms submitted to the Farm Service Agency; and
publicly available.
Each entry in the database for each registration or updated registration of agricultural land owned by a foreign person shall include information in the applicable FSA–153 form.
Not later than 180 days after the database is made publicly available, and annually thereafter, the Chief of Operations for Investigative Actions appointed under section 4 of the Agricultural Foreign Investment Disclosure Act of 1978 shall—
conduct an audit of the database; and
submit to the appropriate committees of Congress a report—
evaluating the accuracy of the database; and
describing recommendations for improving compliance with the reporting required under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.).
In this section:
The term appropriate committees of Congress has the meaning given the term in section 3(a).
The term foreign person has the meaning given the term in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
The term operator has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act).
The term owner has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act).
The term participant has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act).
The term Secretary means the Secretary of Agriculture.
No operator or owner who is a foreign person may be a participant.
The Secretary may take such actions as the Secretary considers necessary to monitor compliance with subsection (b).
The Secretary shall require any owner or operator applying to be a participant to certify in the application that the owner or operator is not a foreign person.
A foreign person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the foreign person—
has received benefits prohibited under subsection (b); or
has knowingly submitted a request for those benefits that contains information that is misleading or false.
A civil penalty imposed by the Secretary under subparagraph (A) shall be recoverable in a civil action brought by the Attorney General in an appropriate district court of the United States.
The amount of a civil penalty imposed by the Secretary under subparagraph (A)—
shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this section; but
shall not exceed 125 percent of the monetary benefits provided to the foreign person in participating in the 1 or more programs of the Farm Service Agency in which participation is prohibited under subsection (b).
Penalties collected under this paragraph shall be available to the Secretary, without further appropriation and until expended, for the purpose of enforcing this section.
For the purpose of monitoring compliance under this subsection, the Secretary shall use information—
collected by the Secretary under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.); and
from the FSA–153 form submitted to the Farm Service Agency.
The Secretary shall submit to the appropriate committees of Congress, on an annual basis, a report containing the following information:
A description of violations of subsection (b) during the year covered by the report.
An itemized list of savings for each program administered by the Farm Service Agency during the year covered by the report as a result of subsection (b).
A description of compliance actions taken by the Secretary under subsection (c) during the year covered by the report.
An itemized list of civil penalties imposed on foreign persons under subsection (c)(3) during the year covered by the report.
Such other information on enforcement under this section, compliance with this section, and the benefits of this section as the Secretary determines to be necessary.
There are authorized to be appropriated to carry out this Act and the amendments made by this Act—
$35,000,000 for fiscal year 2026, to remain available until expended, for secure workspace buildout under the amendments made by section 4 and database system development under section 6; and
$9,000,000 for each of fiscal years 2026 through 2030 for all other activities.