I
119THCONGRESS
1
STSESSION H. R. 1920
To amend the Agricultural Foreign Investment Disclosure Act of 1978 to
strengthen oversight over foreign investment in the United States agricul-
tural industry, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH6, 2025
Mr. F
EENSTRA(for himself, Ms. MCDONALDRIVET, Mr. TAYLOR, Mr. RILEY
of New York, Mrs. M
ILLER-MEEKS, and Mr. SORENSEN) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on Financial Services, Foreign Affairs, and
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the Agricultural Foreign Investment Disclosure
Act of 1978 to strengthen oversight over foreign invest-
ment in the United States agricultural industry, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Foreign Agricultural 4
Restrictions to Maintain Local Agriculture and National 5
Defense Act of 2025’’ or the ‘‘FARMLAND Act of 2025’’. 6
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SEC. 2. AGRICULTURAL FOREIGN INVESTMENT. 1
(a) F
INDINGS.—Congress finds that— 2
(1) agriculture is vital for the national security 3
and economic prosperity of the United States and is 4
a key element of United States national power; 5
(2) agriculture of the United States feeds the 6
people of the United States and the world, and has 7
been a key contributor to advancements in tech-8
nology and medicine; 9
(3) strategic competitors of the United States 10
have hegemonic goals to dominate the global agri-11
culture industry and undermine the United States 12
agriculture sector through intellectual property theft 13
of seeds and other patented agriculture-related tech-14
nologies; 15
(4) China in particular has increased agricul-16
tural investments tenfold over the past decade and 17
continues to make investments in United States ag-18
riculture, agribusiness, and animal processing indus-19
tries, including by acquiring ownership of farmland 20
in the United States; 21
(5) the United States must prevent agricultural 22
espionage and theft of intellectual property con-23
ducted by China and other foreign entities of con-24
cern (as defined in section 9 of the Agricultural For-25
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eign Investment Disclosure Act of 1978 (7 U.S.C. 1
3508)); 2
(6) agricultural intellectual property theft may 3
enable global competitors to undercut United States 4
producers in international seed markets; 5
(7) the Federal Government does not fully exer-6
cise its authorized oversight over investment trans-7
actions within the agricultural industry, causing— 8
(A) United States farmland to be under 9
foreign acquisition; and 10
(B) the influence of foreign adversaries on 11
agriculture in the United States to be an un-12
known risk factor; and 13
(8) the Federal Government must enforce and 14
modernize existing laws to monitor and prevent ma-15
lign actions of foreign entities of concern (as defined 16
in section 9 of the Agricultural Foreign Investment 17
Disclosure Act of 1978 (7 U.S.C. 3508)) on the 18
farms and land of the United States. 19
(b) C
IVILPENALTIES.—Section 3 of the Agricultural 20
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 21
3502) is amended— 22
(1) by redesignating subsection (b) as sub-23
section (d); 24
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(2) in subsection (a), in the matter preceding 1
paragraph (1), by striking ‘‘(a) If the’’ and all that 2
follows through ‘‘Any such civil penalty’’ in the third 3
sentence and inserting the following: 4
‘‘(a) I
NGENERAL.—A person shall be subject to a 5
civil penalty imposed by the Secretary if the Secretary de-6
termines that the person— 7
‘‘(1) has failed to submit a report in accordance 8
with the provisions of section 2; or 9
‘‘(2) has knowingly submitted a report under 10
section 2 that— 11
‘‘(A) does not contain all the information 12
required to be in such report; or 13
‘‘(B) contains information that is mis-14
leading or false. 15
‘‘(b) A
VAILABILITY OFFUNDSFROMCIVILPEN-16
ALTIES.—A civil penalty collected under subsection (a) 17
shall be available to the Secretary without appropriation 18
and remain available until expended for the purpose of en-19
forcing this Act. 20
‘‘(c) C
IVILACTION.—Any civil penalty imposed by 21
the Secretary under subsection (a)’’; and 22
(3) in subsection (d) (as so redesignated)— 23
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(A) by striking the subsection designation 1
and all that follows through ‘‘The amount’’ and 2
inserting the following: 3
‘‘(d) A
MOUNT OFPENALTY.—The amount’’; 4
(B) by striking ‘‘of this section’’; and 5
(C) by striking ‘‘shall not exceed 25 per-6
cent’’ and inserting ‘‘shall be not less than 5 7
percent, but not more than 25 percent,’’. 8
(c) P
UBLICDISCLOSURE OFNONCOMPLIANT PER-9
SONS.—Section 3 of the Agricultural Foreign Investment 10
Disclosure Act of 1978 (7 U.S.C. 3502) (as amended by 11
subsection (b)) is amended by adding at the end the fol-12
lowing: 13
‘‘(e) P
UBLICDISCLOSURE OFNONCOMPLIANTPER-14
SONS.—The Secretary shall publicly disclose the name of 15
each person who paid to the Secretary a civil penalty im-16
posed under subsection (a), including, if applicable, after 17
the completion of an appeal of a civil penalty.’’. 18
(d) P
UBLICATION OFREPORTINGREQUIREMENTS.— 19
Section 3 of the Agricultural Foreign Investment Disclo-20
sure Act of 1978 (7 U.S.C. 3502) (as amended by sub-21
section (c)) is amended by adding at the end the following: 22
‘‘(f) O
UTREACH.—Using existing resources and ef-23
forts to the maximum extent practicable, the Secretary 24
shall carry out a nationwide outreach program directed 25
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primarily towards landlords, owners, operators, persons, 1
producers, and tenants (as those terms are defined in sec-2
tion 718.2 of title 7, Code of Federal Regulations (as in 3
effect on the date of enactment of the Foreign Agricul-4
tural Restrictions to Maintain Local Agriculture and Na-5
tional Defense Act of 2025)) of agricultural land and 6
county property appraiser offices, land appraisal compa-7
nies, and real estate auction companies to increase public 8
awareness and provide education regarding the reporting 9
requirements under this section.’’. 10
(e) D
UEDILIGENCEREQUIREMENTS.—The Agricul-11
tural Foreign Investment Disclosure Act of 1978 is 12
amended by inserting after section 4 (7 U.S.C. 3503) the 13
following: 14
‘‘SEC. 5. DUE DILIGENCE REQUIREMENTS. 15
‘‘Any entity (including a buyer, seller, real estate 16
agent, broker, and title company) involved in the purchase 17
or transfer of agricultural land in the United States 18
shall— 19
‘‘(1) conduct due diligence relating to the agri-20
culture land being purchased or transferred; and 21
‘‘(2) certify to the Secretary that, to the best of 22
the knowledge and belief of the entity, the entity is 23
in compliance with all applicable provisions of this 24
Act.’’. 25
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SEC. 3. REPORT ON AGRICULTURAL LAND PURCHASING 1
ACTIVITIES IN THE UNITED STATES BY COUN-2
TRIES DESIGNATED AS STATE SPONSORS OF 3
TERRORISM AND CERTAIN OTHER COUN-4
TRIES. 5
(a) D
EFINITIONS.—In this section: 6
(1) A
GRICULTURAL LAND .—The term ‘‘agricul-7
tural land’’ has the meaning given the term in sec-8
tion 9 of the Agricultural Foreign Investment Dis-9
closure Act of 1978 (7 U.S.C. 3508). 10
(2) A
PPROPRIATE COMMITTEES OF CON -11
GRESS.—The term ‘‘appropriate committees of Con-12
gress’’ means— 13
(A) the Committee on Agriculture, Nutri-14
tion, and Forestry of the Senate; 15
(B) the Committee on Homeland Security 16
and Governmental Affairs of the Senate; 17
(C) the Committee on Intelligence of the 18
Senate; 19
(D) the Committee on Homeland Security 20
of the House of Representatives; 21
(E) the Committee on Agriculture of the 22
House of Representatives; and 23
(F) the Permanent Select Committee on 24
Intelligence of the House of Representatives. 25
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(3) COVERED FOREIGN COUNTRY .—The term 1
‘‘covered foreign country’’ means— 2
(A) the People’s Republic of China; 3
(B) the Russian Federation; 4
(C) a state sponsor of terrorism; and 5
(D) any other country identified by the 6
Secretary of Homeland Security or the Sec-7
retary of Agriculture. 8
(4) C
OVERED FOREIGN PERSON .—The term 9
‘‘covered foreign person’’ means a foreign person (as 10
defined in section 9 of the Agricultural Foreign In-11
vestment Disclosure Act of 1978 (7 U.S.C. 3508)) 12
that is a citizen of, or headquartered in, as applica-13
ble, a covered foreign country. 14
(5) S
TATE.—The term ‘‘State’’ has the mean-15
ing given the term in section 9 of the Agricultural 16
Foreign Investment Disclosure Act of 1978 (7 17
U.S.C. 3508). 18
(6) S
TATE SPONSOR OF TERRORISM .—The term 19
‘‘state sponsor of terrorism’’ means a country the 20
government of which the Secretary of State has de-21
termined has repeatedly provided support for acts of 22
international terrorism, for purposes of— 23
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(A) section 1754(c)(1)(A)(i) of the Export 1
Control Reform Act of 2018 (50 U.S.C. 2
4813(c)(1)(A)(i)); 3
(B) section 620A of the Foreign Assistance 4
Act of 1961 (22 U.S.C. 2371); 5
(C) section 40(d) of the Arms Export Con-6
trol Act (22 U.S.C. 2780(d)); or 7
(D) any other provision of law. 8
(b) R
EPORT.— 9
(1) I
N GENERAL.—Not later than 180 days 10
after the date of enactment of this Act, and annually 11
thereafter, the Secretary of Agriculture, with sup-12
port from the Secretary of Homeland Security and 13
the head of any other appropriate Federal agency, 14
shall submit to the appropriate committees of Con-15
gress a report describing the national security risks 16
of the purchase and management of agricultural 17
land by covered foreign persons. 18
(2) C
ONTENTS.—A report submitted under 19
paragraph (1) shall include the following with re-20
spect to the year covered by the report: 21
(A) A description of— 22
(i) the number of acres of agricultural 23
land owned or managed by covered foreign 24
persons, organized by State; and 25
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(ii) for each State, the percentage of 1
land owned or managed by covered foreign 2
persons compared to the total acreage of 3
the State. 4
(B) An analysis of the possible threat to 5
food security, food safety, biosecurity, or envi-6
ronmental protection due to the ownership of 7
agricultural land by each covered foreign coun-8
try through covered foreign persons. 9
(C) An analysis of the annual and total 10
cost of support for agricultural land owned by 11
covered foreign persons through farm programs 12
administered by the Farm Service Agency. 13
(D) An analysis of the use of agricultural 14
land for industrial espionage or intellectual 15
property transfer by covered foreign persons. 16
(E) An analysis of the potential use by 17
covered foreign persons of agricultural land in 18
close proximity to manufacturing facilities, 19
water sources, and other critical infrastructure 20
to monitor, interrupt, or disrupt activities crit-21
ical to the national and economic security of the 22
United States. 23
(F) An analysis of other threats to the ag-24
ricultural industry or national security of the 25
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United States due to the ownership of agricul-1
tural land by covered foreign persons. 2
(3) U
NCLASSIFIED FORM.—A report submitted 3
under this subsection shall— 4
(A) be submitted in unclassified form, but 5
may include a classified annex; and 6
(B) be consistent with the protection of in-7
telligence sources and methods. 8
SEC. 4. INVESTIGATIVE ACTIONS. 9
(a) I
NVESTIGATIVEACTIONS.—Section 4 of the Agri-10
cultural Foreign Investment Disclosure Act of 1978 (7 11
U.S.C. 3503) is amended to read as follows: 12
‘‘SEC. 4. INVESTIGATIVE ACTIONS. 13
‘‘(a) I
NGENERAL.—The Secretary shall appoint an 14
employee in the Senior Executive Service (as described in 15
section 3131 of title 5, United States Code) of the Depart-16
ment of Agriculture to serve as Chief of Operations of In-17
vestigative Actions (referred to in this section as the ‘Chief 18
of Operations’), who shall hire, appoint, and maintain ad-19
ditional employees to monitor compliance with the provi-20
sions of this Act. 21
‘‘(b) C
HIEF OFOPERATIONS.—The Chief of Oper-22
ations may serve in such position simultaneously with a 23
concurrent position within the Department of Agriculture. 24
‘‘(c) S
ECURITY.—The Secretary shall— 25
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‘‘(1) provide classified storage, meeting, and 1
other spaces, as necessary, for personnel; and 2
‘‘(2) assist personnel in obtaining security clear-3
ances. 4
‘‘(d) D
UTIES.—The Chief of Operations shall— 5
‘‘(1) monitor compliance with this Act; 6
‘‘(2) refer noncompliance with this Act to the 7
Secretary, the Farm Service Agency, and any other 8
appropriate authority; 9
‘‘(3) conduct investigations, in coordination 10
with the Department of Justice, the Federal Bureau 11
of Investigation, the Department of Homeland Secu-12
rity, the Department of the Treasury, the National 13
Security Council, and State and local law enforce-14
ment agencies, on malign efforts— 15
‘‘(A) to steal agricultural knowledge and 16
technology; and 17
‘‘(B) to disrupt the United States agricul-18
tural base; 19
‘‘(4) conduct an annual audit of the database 20
developed under section 6(b) of the Foreign Agricul-21
tural Restrictions to Maintain Local Agriculture and 22
National Defense Act of 2025; 23
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‘‘(5) seek to enter into memoranda of agree-1
ment and memoranda of understanding with the 2
Federal agencies described in paragraph (3)— 3
‘‘(A) to ensure compliance with this Act; 4
and 5
‘‘(B) to prevent the malign efforts de-6
scribed in that paragraph; 7
‘‘(6) refer to the Committee on Foreign Invest-8
ment in the United States transactions that— 9
‘‘(A) raise potential national security con-10
cerns; and 11
‘‘(B) result in agricultural land acquisition 12
by a foreign person that is a citizen of, or 13
headquartered in, as applicable, a foreign entity 14
of concern; and 15
‘‘(7) publish annual reports that summarize the 16
information contained in every report received by the 17
Secretary under section 2 during the period covered 18
by the report. 19
‘‘(e) A
DMINISTRATION.—The Chief of Operations 20
shall report to— 21
‘‘(1) the Secretary; or 22
‘‘(2) if delegated by the Secretary, to— 23
‘‘(A) the Administrator of the Farm Serv-24
ice Agency; or 25
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‘‘(B) the Director of the Department of 1
Agriculture Office of Homeland Security.’’. 2
(b) D
EFINITION OF FOREIGNENTITY OFCON-3
CERN.—Section 9 of the Agricultural Foreign Investment 4
Disclosure Act of 1978 (7 U.S.C. 3508) is amended— 5
(1) in the matter preceding paragraph (1), by 6
striking ‘‘For purposes of this Act—’’ and inserting 7
‘‘In this Act:’’; 8
(2) in each of paragraphs (1) through (6)— 9
(A) by striking ‘‘the term’’ and inserting 10
‘‘The term’’; and 11
(B) by inserting a paragraph heading, the 12
text of which comprises the term defined in that 13
paragraph; 14
(3) by redesignating paragraphs (2) through 15
(6) as paragraphs (3), (4), (6), (7), and (8), respec-16
tively; 17
(4) by inserting after paragraph (1) the fol-18
lowing: 19
‘‘(2) F
OREIGN ENTITY OF CONCERN .—The 20
term ‘foreign entity of concern’ has the meaning 21
given the term in section 9901 of the William M. 22
(Mac) Thornberry National Defense Authorization 23
Act for Fiscal Year 2021 (15 U.S.C. 4651).’’; and 24
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(5) by inserting after paragraph (4) (as so re-1
designated) the following: 2
‘‘(5) M
ALIGN EFFORT.—The term ‘malign ef-3
fort’ means any hostile effort undertaken by, at the 4
direction of, on behalf of, or with the substantial 5
support of the government of a foreign entity of con-6
cern.’’. 7
(c) R
EPORTS.—The Agricultural Foreign Investment 8
Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended 9
by adding at the end the following: 10
‘‘SEC. 11. REPORTS. 11
‘‘(a) I
NITIALREPORT.—Not later than 180 days 12
after the date of enactment of this section, the Secretary 13
shall submit to Congress a report that describes the 14
progress of the Secretary in implementing the amend-15
ments made by the Foreign Agricultural Restrictions to 16
Maintain Local Agriculture and National Defense Act of 17
2025. 18
‘‘(b) R
EPORT ON TRACKINGCOVEREDTRANS-19
ACTIONS.—Not later than 180 days after the date of en-20
actment of this section, the Secretary shall submit to Con-21
gress a report on the feasibility of— 22
‘‘(1) establishing a mechanism for quantifying 23
the threats posed by foreign entities of concern to 24
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United States food security, biosecurity, food safety, 1
environmental protection, and national defense; and 2
‘‘(2) building, and submitting to the Committee 3
on Foreign Investment in the United States for fur-4
ther review, a rigorous discovery and review process 5
to review transactions described in section 6
721(a)(4)(B)(vi) of the Defense Production Act of 7
1950 (50 U.S.C. 4565(a)(4)(B)(vi)). 8
‘‘(c) Y
EARLYREPORT.—Not later than 1 year after 9
the date of enactment of this section, and annually there-10
after for the following 10 years, the Secretary shall submit 11
to Congress a report on the activities of the Secretary pur-12
suant to this Act during the year covered by the report.’’. 13
SEC. 5. AUTHORITY OF COMMITTEE ON FOREIGN INVEST-14
MENT IN THE UNITED STATES TO REVIEW 15
CERTAIN REAL ESTATE PURCHASES BY FOR-16
EIGN ENTITIES OF CONCERN. 17
(a) I
NGENERAL.—Section 721(a)(4) of the Defense 18
Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend-19
ed— 20
(1) in subparagraph (A)— 21
(A) in clause (i), by striking ‘‘; and’’ and 22
inserting a semicolon; 23
(B) in clause (ii), by striking the period at 24
the end and inserting ‘‘; and’’; and 25
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(C) by adding at the end the following: 1
‘‘(iii) any transaction described in 2
subparagraph (B)(vi) proposed or pending 3
on or after the date of enactment of this 4
clause.’’; and 5
(2) in subparagraph (B), by adding at the end 6
the following: 7
‘‘(vi) Subject to subparagraph (C), the 8
purchase or lease by, or a concession to, a 9
foreign entity of concern of private or pub-10
lic real estate in the United States if— 11
‘‘(I)(aa) the value of the pur-12
chase, lease, or concession— 13
‘‘(AA) exceeds $5,000,000; 14
or 15
‘‘(BB) in combination with 16
the value of other such purchases 17
or leases by, or concessions to, 18
the same entity during the pre-19
ceding 3 years, exceeds 20
$5,000,000; or 21
‘‘(bb) the real estate— 22
‘‘(AA) exceeds 320 acres; or 23
‘‘(BB) in combination with 24
other private or public real estate 25
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in the United States purchased 1
or leased by, or for which a con-2
cession is provided to, the same 3
entity during the preceding 3 4
years, exceeds 320 acres; and 5
‘‘(II) the real estate is primarily 6
used for— 7
‘‘(aa) agriculture, including 8
raising of livestock and forestry; 9
‘‘(bb) extraction of fossil 10
fuels, natural gas, purchases or 11
leases of renewable energy 12
sources; or 13
‘‘(cc) extraction of critical 14
precursor materials for biological 15
technology industries, informa-16
tion technology components, or 17
national defense technologies.’’. 18
(b) F
OREIGNENTITIES OF CONCERN.—Section 19
721(a) of the Defense Production Act of 1950 (50 U.S.C. 20
4565(a)) is amended— 21
(1) by redesignating paragraphs (7) through 22
(13) as paragraphs (8) through (14), respectively; 23
and 24
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(2) by inserting after paragraph (6) the fol-1
lowing: 2
‘‘(7) F
OREIGN ENTITY OF CONCERN .—The 3
term ‘foreign entity of concern’ has the meaning 4
given that term in section 9901 of the William M. 5
(Mac) Thornberry National Defense Authorization 6
Act for Fiscal Year 2021 (15 U.S.C. 4651).’’. 7
(c) F
ACTORSTOBECONSIDERED.—Section 721(f) 8
of the Defense Production Act of 1950 (50 U.S.C. 9
4565(f)) is amended— 10
(1) by redesignating paragraphs (8) through 11
(11) as paragraphs (9) through (12), respectively; 12
and 13
(2) by inserting after paragraph (7) the fol-14
lowing: 15
‘‘(8) the potential follow-on national security ef-16
fects of the risks posed by the proposed or pending 17
transaction to United States food security, food safe-18
ty, biosecurity, environmental protection, or national 19
defense;’’. 20
(d) I
NCLUSION OF SECRETARY OF AGRICULTURE 21
AND THECOMMISSIONER OFFOODANDDRUGS ONCOM-22
MITTEE ON FOREIGNINVESTMENT IN THE UNITED 23
S
TATES.—Section 721(k)(2) of the Defense Production 24
Act of 1950 (50 U.S.C. 4565(k)(2)) is amended— 25
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(1) by redesignating subparagraphs (H), (I), 1
and (J) as subparagraphs (J), (K), and (L), respec-2
tively; and 3
(2) by inserting after subparagraph (G) the fol-4
lowing: 5
‘‘(H) The Secretary of Agriculture. 6
‘‘(I) The Commissioner of Food and 7
Drugs.’’. 8
(e) A
NNUALREPORT.—Section 721(m) of the De-9
fense Production Act of 1950 (50 U.S.C. 4565(m)) is 10
amended— 11
(1) by redesignating paragraph (4) as para-12
graph (5); and 13
(2) by inserting after paragraph (3) the fol-14
lowing: 15
‘‘(4) L
IST OF REAL ESTATE OWNED BY FOR -16
EIGN ENTITIES OF CONCERN .—The President and 17
such agencies as the President shall designate shall 18
include in the annual report submitted under para-19
graph (1) a list of all real estate in the United 20
States owned by a foreign entity of concern or a per-21
son closely associated with such an entity.’’. 22
(f) R
EPORTREQUIRED.—Not later than 180 days 23
after the date of enactment of this Act, the Secretary of 24
the Treasury, in coordination with Secretary of State and 25
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the Secretary of Homeland Security, shall submit to Con-1
gress a report that includes— 2
(1) an assessment of the feasibility of requiring 3
retroactive divestment of real estate owned by for-4
eign entities of concern (as defined in section 721(a) 5
of the Defense Production Act of 1950, as amended 6
by this section); and 7
(2) a description of the process used by the 8
Committee on Foreign Investment in the United 9
States to review the national security implications of 10
any connections between— 11
(A) foreign investment in the United 12
States made by the Government of the People’s 13
Republic of China or entities controlled by or 14
acting on behalf of that Government; and 15
(B) the Chinese Communist Party. 16
(g) E
FFECTIVEDATE.—The amendments made by 17
this section take effect on the date of the enactment of 18
this Act and apply with respect to any covered transaction 19
the review or investigation of which is initiated under sec-20
tion 721 of the Defense Production Act of 1950 on or 21
after such date of enactment. 22
SEC. 6. DIGITIZATION AND CONSOLIDATION OF FOREIGN 23
LAND OWNERSHIP DATA. 24
(a) D
EFINITIONS.—In this section: 25
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(1) AGRICULTURAL LAND .—The term ‘‘agricul-1
tural land’’ has the meaning given the term in sec-2
tion 781.2 of title 7, Code of Federal Regulations 3
(as in effect on the date of enactment of this Act). 4
(2) A
PPROPRIATE COMMITTEES OF CON -5
GRESS.—In this section, the term ‘‘appropriate com-6
mittees of Congress’’ has the meaning given the 7
term in section 3(a). 8
(3) D
ATABASE.—The term ‘‘database’’ means 9
the database developed under subsection (b). 10
(4) F
OREIGN PERSON.—The term ‘‘foreign per-11
son’’ has the meaning given the term in section 9 of 12
the Agricultural Foreign Investment Disclosure Act 13
of 1978 (7 U.S.C. 3508). 14
(5) S
ECRETARIES.—The term ‘‘Secretaries’’ 15
means— 16
(A) the Secretary of Agriculture; and 17
(B) the Secretary of Homeland Security. 18
(b) D
ATABASE.—Subject to the availability of appro-19
priations, not later than 3 years after the date of enact-20
ment of this Act, the Secretaries, acting jointly, shall de-21
velop a database of agricultural land owned by foreign per-22
sons, using data that are— 23
(1) collected— 24
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(A) pursuant to the Agricultural Foreign 1
Investment Disclosure Act of 1978 (7 U.S.C. 2
3501 et seq.); and 3
(B) from FSA–153 forms submitted to the 4
Farm Service Agency; and 5
(2) publicly available. 6
(c) C
ONTENTS.—Each entry in the database for each 7
registration or updated registration of agricultural land 8
owned by a foreign person shall include information in the 9
applicable FSA–153 form. 10
(d) A
UDIT.—Not later than 180 days after the data-11
base is made publicly available, and annually thereafter, 12
the Chief of Operations for Investigative Actions ap-13
pointed under section 4 of the Agricultural Foreign Invest-14
ment Disclosure Act of 1978 shall— 15
(1) conduct an audit of the database; and 16
(2) submit to the appropriate committees of 17
Congress a report— 18
(A) evaluating the accuracy of the data-19
base; and 20
(B) describing recommendations for im-21
proving compliance with the reporting required 22
under the Agricultural Foreign Investment Dis-23
closure Act of 1978 (7 U.S.C. 3501 et seq.). 24
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SEC. 7. PROHIBITION OF PARTICIPATION IN FARM SERVICE 1
AGENCY PROGRAMS BY FOREIGN PERSONS. 2
(a) D
EFINITIONS.—In this section: 3
(1) A
PPROPRIATE COMMITTEES OF CON -4
GRESS.—The term ‘‘appropriate committees of Con-5
gress’’ has the meaning given the term in section 6
3(a). 7
(2) F
OREIGN PERSON.—The term ‘‘foreign per-8
son’’ has the meaning given the term in section 9 of 9
the Agricultural Foreign Investment Disclosure Act 10
of 1978 (7 U.S.C. 3508). 11
(3) O
PERATOR.—The term ‘‘operator’’ has the 12
meaning given the term in section 718.2 of title 7, 13
Code of Federal Regulations (as in effect on the 14
date of enactment of this Act). 15
(4) O
WNER.—The term ‘‘owner’’ has the mean-16
ing given the term in section 718.2 of title 7, Code 17
of Federal Regulations (as in effect on the date of 18
enactment of this Act). 19
(5) P
ARTICIPANT.—The term ‘‘participant’’ has 20
the meaning given the term in section 718.2 of title 21
7, Code of Federal Regulations (as in effect on the 22
date of enactment of this Act). 23
(6) S
ECRETARY.—The term ‘‘Secretary’’ means 24
the Secretary of Agriculture. 25
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(b) LIMITATION FOR FOREIGN-OWNED OR OPER-1
ATEDLAND.—No operator or owner who is a foreign per-2
son may be a participant. 3
(c) C
OMPLIANCE.— 4
(1) I
N GENERAL.—The Secretary may take 5
such actions as the Secretary considers necessary to 6
monitor compliance with subsection (b). 7
(2) O
WNERSHIP CERTIFICATION .—The Sec-8
retary shall require any owner or operator applying 9
to be a participant to certify in the application that 10
the owner or operator is not a foreign person. 11
(3) C
IVIL PENALTY.— 12
(A) I
N GENERAL.—A foreign person shall 13
be subject to a civil penalty imposed by the Sec-14
retary if the Secretary determines that the for-15
eign person— 16
(i) has received benefits prohibited 17
under subsection (b); or 18
(ii) has knowingly submitted a request 19
for those benefits that contains informa-20
tion that is misleading or false. 21
(B) C
IVIL ACTION.—A civil penalty im-22
posed by the Secretary under subparagraph (A) 23
shall be recoverable in a civil action brought by 24
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•HR 1920 IH
the Attorney General in an appropriate district 1
court of the United States. 2
(C) A
MOUNT.—The amount of a civil pen-3
alty imposed by the Secretary under subpara-4
graph (A)— 5
(i) shall be such amount as the Sec-6
retary determines to be appropriate to 7
carry out the purposes of this section; but 8
(ii) shall not exceed 125 percent of 9
the monetary benefits provided to the for-10
eign person in participating in the 1 or 11
more programs of the Farm Service Agen-12
cy in which participation is prohibited 13
under subsection (b). 14
(D) U
SE OF CIVIL PENALTIES.—Penalties 15
collected under this paragraph shall be available 16
to the Secretary, without further appropriation 17
and until expended, for the purpose of enforcing 18
this section. 19
(4) U
SE OF INFORMATION.—For the purpose of 20
monitoring compliance under this subsection, the 21
Secretary shall use information— 22
(A) collected by the Secretary under the 23
Agricultural Foreign Investment Disclosure Act 24
of 1978 (7 U.S.C. 3501 et seq.); and 25
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(B) from the FSA–153 form submitted to 1
the Farm Service Agency. 2
(d) R
EPORT.—The Secretary shall submit to the ap-3
propriate committees of Congress, on an annual basis, a 4
report containing the following information: 5
(1) A description of violations of subsection (b) 6
during the year covered by the report. 7
(2) An itemized list of savings for each program 8
administered by the Farm Service Agency during the 9
year covered by the report as a result of subsection 10
(b). 11
(3) A description of compliance actions taken 12
by the Secretary under subsection (c) during the 13
year covered by the report. 14
(4) An itemized list of civil penalties imposed 15
on foreign persons under subsection (c)(3) during 16
the year covered by the report. 17
(5) Such other information on enforcement 18
under this section, compliance with this section, and 19
the benefits of this section as the Secretary deter-20
mines to be necessary. 21
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 22
There are authorized to be appropriated to carry out 23
this Act and the amendments made by this Act— 24
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(1) $35,000,000 for fiscal year 2026, to remain 1
available until expended, for secure workspace build-2
out under the amendments made by section 4 and 3
database system development under section 6; and 4
(2) $9,000,000 for each of fiscal years 2026 5
through 2030 for all other activities. 6
Æ
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