Protecting America’s Agricultural Land from Foreign Harm Act of 2023
Impact
If passed, SB926 would significantly alter existing laws related to land ownership and agricultural investment. It would prohibit not only foreign ownership but also participation in Department of Agriculture programs by these covered individuals or entities. This creates a more stringent regulatory framework aimed at safeguarding U.S. agricultural assets from foreign control, potentially reshaping the landscape of agricultural investment and ownership in rural America.
Summary
Senate Bill 926, known as the 'Protecting America’s Agricultural Land from Foreign Harm Act of 2023,' proposes to restrict the purchase or lease of agricultural land in the United States by individuals or entities associated with specific foreign governments. The bill specifically targets citizens and entities from Iran, North Korea, China, and Russia, defining them as 'covered persons.' This legislative proposal serves to enhance national security by preventing foreign adversaries from acquiring American agricultural resources, which some lawmakers perceive as a vulnerability in food security and sovereignty.
Contention
However, the bill has raised several points of contention. Critics argue that it may have unintended consequences on legitimate agricultural dealings and investment opportunities from non-hostile foreign entities. There are ongoing debates about the balance between national security and the need for an open market that welcomes foreign investment, particularly in agriculture, which has historically benefitted from global trade. Several stakeholders, including agricultural associations, may express concerns over the implications this bill could have for foreign investment and partnerships that are vital for agricultural innovation and sustainability.
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Protecting America's Agricultural Land from Foreign Harm Act of 2025This bill prohibits persons associated with the governments of Iran, North Korea, China, or Russia from purchasing or leasing agricultural land in the United States.Specifically, the President must prohibit any person (individual or entity) owned by, controlled by, or subject to the jurisdiction or direction of these foreign governments from purchasing or leasing (1) public agricultural land that is owned by the United States and administered by a federal department or agency, or (2) private agricultural land that is located in the United States.A person that violates or attempts to violate this prohibition is subject to civil and criminal penalties. This prohibition does not require a person that owns or leases agricultural land as of the date of this bill's enactment to sell that land.Further, the President must prohibit a person associated with these foreign governments and who leases, or who has full or partial ownership of, agricultural land in the United States from participating in Department of Agriculture (USDA) programs. Exceptions are included to allow for participation in USDA programs related to food safety, the health and labor safety of individuals, or certain reporting and disclosure requirements.The bill excludes U.S. citizens or lawful permanent residents from these restrictions.The bill also amends the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA) to require reporting on security interests and leases.Finally, the Government Accountability Office must submit a report to Congress on AFIDA.