HR1920-119

1. Short title This Act may be cited as the Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025 or the FARMLAND Act of 2025.

2. Agricultural foreign investment 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— conduct due diligence relating to the agriculture land being purchased or transferred; and certify to the Secretary that, to the best of the knowledge and belief of the entity, the entity is in compliance with all applicable provisions of this Act. (a)In generalA person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the person— (1)has failed to submit a report in accordance with the provisions of section 2; or (2)has knowingly submitted a report under section 2 that— (A)does not contain all the information required to be in such report; or (B)contains information that is misleading or false. (b)Availability of funds from civil penaltiesA 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. (c)Civil actionAny civil penalty imposed by the Secretary under subsection (a); and (d)Amount of penaltyThe amount; (e)Public disclosure of noncompliant personsThe 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.. (f)OutreachUsing 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. . 5.Due diligence requirementsAny 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— (1)conduct due diligence relating to the agriculture land being purchased or transferred; and (2)certify to the Secretary that, to the best of the knowledge and belief of the entity, the entity is in compliance with all applicable provisions of this Act..

5. Due diligence requirements 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— conduct due diligence relating to the agriculture land being purchased or transferred; and certify to the Secretary that, to the best of the knowledge and belief of the entity, the entity is in compliance with all applicable provisions of this Act.

3. Report on agricultural land purchasing activities in the United States by countries designated as state sponsors of terrorism and certain other countries 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.

4. Investigative actions Section 4 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3503) is amended to read as follows: 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— raise potential national security concerns; and result in agricultural land acquisition by a foreign person that is a citizen of, or headquartered in, as applicable, a foreign entity of concern; and 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— the Secretary; or if delegated by the Secretary, to— the Administrator of the Farm Service Agency; or 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. 4.Investigative actions (a)In generalThe 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. (b)Chief of operationsThe Chief of Operations may serve in such position simultaneously with a concurrent position within the Department of Agriculture. (c)SecurityThe Secretary shall— (1)provide classified storage, meeting, and other spaces, as necessary, for personnel; and (2)assist personnel in obtaining security clearances. (d)DutiesThe Chief of Operations shall— (1)monitor compliance with this Act; (2)refer noncompliance with this Act to the Secretary, the Farm Service Agency, and any other appropriate authority; (3)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— (A)to steal agricultural knowledge and technology; and (B)to disrupt the United States agricultural base; (4)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; (5)seek to enter into memoranda of agreement and memoranda of understanding with the Federal agencies described in paragraph (3)— (A)to ensure compliance with this Act; and (B)to prevent the malign efforts described in that paragraph; (6)refer to the Committee on Foreign Investment in the United States transactions that— (A)raise potential national security concerns; and (B)result in agricultural land acquisition by a foreign person that is a citizen of, or headquartered in, as applicable, a foreign entity of concern; and (7)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. (e)AdministrationThe Chief of Operations shall report to— (1)the Secretary; or (2)if delegated by the Secretary, to— (A)the Administrator of the Farm Service Agency; or (B)the Director of the Department of Agriculture Office of Homeland Security.. (2)Foreign entity of concernThe 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).; and (5)Malign effortThe 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.. 11.Reports (a)Initial reportNot 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. (b)Report on tracking covered transactionsNot later than 180 days after the date of enactment of this section, the Secretary shall submit to Congress a report on the feasibility of— (1)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 (2)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)). (c)Yearly reportNot 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..

4. Investigative actions 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— raise potential national security concerns; and result in agricultural land acquisition by a foreign person that is a citizen of, or headquartered in, as applicable, a foreign entity of concern; and 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— the Secretary; or if delegated by the Secretary, to— the Administrator of the Farm Service Agency; or the Director of the Department of Agriculture Office of Homeland Security.

11. Reports 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.

6. Digitization and consolidation of foreign land ownership data 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— collected— 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.).

7. Prohibition of participation in Farm Service Agency programs by foreign persons 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.