I 

118TH CONGRESS 

1ST SESSION H. R. 5078 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2023 

Mr. FEENSTRA (for himself and Ms. SLOTKIN) 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 investment in the United States agricultural industry, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Agricultural 

5 Restrictions to Maintain Local Agriculture and National 

6 Defense Act of 2023’’ or the ‘‘FARMLAND Act of 2023’’. 


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1 SEC. 2. AGRICULTURAL FOREIGN INVESTMENT. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) agriculture is vital for the national security 

4 and economic prosperity of the United States and is 

5 a key element of United States national power; 

6 (2) agriculture of the United States feeds the 

7 people of the United States and the world, and has 

8 been a key contributor to advancements in tech9 nology and medicine; 

10 (3) strategic competitors of the United States 

11 have hegemonic goals to dominate the global agri12 culture industry and undermine the United States 

13 agriculture sector through intellectual property theft 

14 of seeds and other patented agriculture-related tech15 nologies; 

16 (4) China in particular has increased agricul17 tural investments tenfold over the past decade and 

18 continues to make investments in United States ag19 riculture, agribusiness, and animal processing indus20 tries, including by acquiring ownership of farmland 

21 in the United States; 

22 (5) the United States must prevent agricultural 

23 espionage and theft of intellectual property con24 ducted by China and other foreign entities of con25 cern (as defined in section 9 of the Agricultural ForVerDate Sep 11 2014 01:37 Aug 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5078.IH H5078

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1 eign Investment Disclosure Act of 1978 (7 U.S.C. 

2 3508)); 

3 (6) agricultural intellectual property theft may 

4 enable global competitors to undercut United States 

5 producers in international seed markets; 

6 (7) the Federal Government does not fully exer7 cise its authorized oversight over investment trans8 actions within the agricultural industry, causing— 

9 (A) United States farmland to be under 

10 foreign acquisition; and 

11 (B) the influence of foreign adversaries on 

12 agriculture in the United States to be an un13 known risk factor; and 

14 (8) the Federal Government must enforce and 

15 modernize existing laws to monitor and prevent ma16 lign actions of foreign entities of concern (as defined 

17 in section 9 of the Agricultural Foreign Investment 

18 Disclosure Act of 1978 (7 U.S.C. 3508)) on the 

19 farms and land of the United States. 

20 (b) CIVIL PENALTIES.—Section 3 of the Agricultural 

21 Foreign Investment Disclosure Act of 1978 (7 U.S.C. 

22 3502) is amended— 

23 (1) by redesignating subsection (b) as sub24 section (d); 


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1 (2) in subsection (a), in the matter preceding 

2 paragraph (1), by striking ‘‘(a) If the’’ and all that 

3 follows through ‘‘Any such civil penalty’’ in the third 

4 sentence and inserting the following: 

5 ‘‘(a) IN GENERAL.—A person shall be subject to a 

6 civil penalty imposed by the Secretary if the Secretary de7 termines that the person— 

8 ‘‘(1) has failed to submit a report in accordance 

9 with the provisions of section 2; or 

10 ‘‘(2) has knowingly submitted a report under 

11 section 2 that— 

12 ‘‘(A) does not contain all the information 

13 required to be in such report; or 

14 ‘‘(B) contains information that is mis15 leading or false. 

16 ‘‘(b) AVAILABILITY OF FUNDS FROM CIVIL PEN17 ALTIES.—A civil penalty collected under subsection (a) 

18 shall be available to the Secretary without appropriation 

19 and remain available until expended for the purpose of en20 forcing this Act. 

21 ‘‘(c) CIVIL ACTION.—Any civil penalty imposed by 

22 the Secretary under subsection (a)’’; and 

23 (3) in subsection (d) (as so redesignated)— 


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1 (A) by striking the subsection designation 

2 and all that follows through ‘‘The amount’’ and 

3 inserting the following: 

4 ‘‘(d) AMOUNT OF PENALTY.—The amount’’; 

5 (B) by striking ‘‘of this section’’; and 

6 (C) by striking ‘‘shall not exceed 25 per7 cent’’ and inserting ‘‘shall be not less than 5 

8 percent, but not more than 25 percent,’’. 

9 (c) PUBLIC DISCLOSURE OF NONCOMPLIANT PER10 SONS.—Section 3 of the Agricultural Foreign Investment 

11 Disclosure Act of 1978 (7 U.S.C. 3502) (as amended by 

12 subsection (b)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(e) PUBLIC DISCLOSURE OF NONCOMPLIANT PER15 SONS.—The Secretary shall publicly disclose the name of 

16 each person who paid to the Secretary a civil penalty im17 posed under subsection (a), including, if applicable, after 

18 the completion of an appeal of a civil penalty.’’. 

19 (d) PUBLICATION OF REPORTING REQUIREMENTS.— 

20 Section 3 of the Agricultural Foreign Investment Disclo21 sure Act of 1978 (7 U.S.C. 3502) (as amended by sub22 section (c)) is amended by adding at the end the following: 

23 ‘‘(f) OUTREACH.—Using existing resources and ef24 forts to the maximum extent practicable, the Secretary 

25 shall carry out a nationwide outreach program directed 


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1 primarily towards landlords, owners, operators, persons, 

2 producers, and tenants (as those terms are defined in sec3 tion 718.2 of title 7, Code of Federal Regulations (as in 

4 effect on the date of enactment of the Foreign Agricul5 tural Restrictions to Maintain Local Agriculture and Na6 tional Defense Act of 2023)) of agricultural land and 

7 county property appraiser offices, land appraisal compa8 nies, and real estate auction companies to increase public 

9 awareness and provide education regarding the reporting 

10 requirements under this section.’’. 

11 (e) DUE DILIGENCE REQUIREMENTS.—The Agricul12 tural Foreign Investment Disclosure Act of 1978 is 

13 amended by inserting after section 4 (7 U.S.C. 3503) the 

14 following: 

15 ‘‘SEC. 5. DUE DILIGENCE REQUIREMENTS. 

16 ‘‘Any entity (including a buyer, seller, real estate 

17 agent, broker, and title company) involved in the purchase 

18 or transfer of agricultural land in the United States 

19 shall— 

20 ‘‘(1) conduct due diligence relating to the agri21 culture land being purchased or transferred; and 

22 ‘‘(2) certify to the Secretary that, to the best of 

23 the knowledge and belief of the entity, the entity is 

24 in compliance with all applicable provisions of this 

25 Act.’’. 


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1 SEC. 3. REPORT ON AGRICULTURAL LAND PURCHASING 

2 ACTIVITIES IN THE UNITED STATES BY COUN3 TRIES DESIGNATED AS STATE SPONSORS OF 

4 TERRORISM AND CERTAIN OTHER COUN5 TRIES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) AGRICULTURAL LAND.—The term ‘‘agricul8 tural land’’ has the meaning given the term in sec9 tion 9 of the Agricultural Foreign Investment Dis10 closure Act of 1978 (7 U.S.C. 3508). 

11 (2) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Agriculture, Nutri15 tion, and Forestry of the Senate; 

16 (B) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (C) the Committee on Intelligence of the 

19 Senate; 

20 (D) the Committee on Homeland Security 

21 of the House of Representatives; 

22 (E) the Committee on Agriculture of the 

23 House of Representatives; and 

24 (F) the Permanent Select Committee on 

25 Intelligence of the House of Representatives. 


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1 (3) COVERED FOREIGN COUNTRY.—The term 

2 ‘‘covered foreign country’’ means— 

3 (A) the People’s Republic of China; 

4 (B) the Russian Federation; 

5 (C) a state sponsor of terrorism; and 

6 (D) any other country identified by the 

7 Secretary of Homeland Security or the Sec8 retary of Agriculture. 

9 (4) COVERED FOREIGN PERSON.—The term 

10 ‘‘covered foreign person’’ means a foreign person (as 

11 defined in section 9 of the Agricultural Foreign In12 vestment Disclosure Act of 1978 (7 U.S.C. 3508)) 

13 that is a citizen of, or headquartered in, as applica14 ble, a covered foreign country. 

15 (5) STATE.—The term ‘‘State’’ has the mean16 ing given the term in section 9 of the Agricultural 

17 Foreign Investment Disclosure Act of 1978 (7 

18 U.S.C. 3508). 

19 (6) STATE SPONSOR OF TERRORISM.—The term 

20 ‘‘state sponsor of terrorism’’ means a country the 

21 government of which the Secretary of State has de22 termined has repeatedly provided support for acts of 

23 international terrorism, for purposes of— 


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1 (A) section 1754(c)(1)(A)(i) of the Export 

2 Control Reform Act of 2018 (50 U.S.C. 

3 4813(c)(1)(A)(i)); 

4 (B) section 620A of the Foreign Assistance 

5 Act of 1961 (22 U.S.C. 2371); 

6 (C) section 40(d) of the Arms Export Con7 trol Act (22 U.S.C. 2780(d)); or 

8 (D) any other provision of law. 

9 (b) REPORT.— 

10 (1) IN GENERAL.—Not later than 180 days 

11 after the date of enactment of this Act, and annually 

12 thereafter, the Secretary of Agriculture, with sup13 port from the Secretary of Homeland Security and 

14 the head of any other appropriate Federal agency, 

15 shall submit to the appropriate committees of Con16 gress a report describing the national security risks 

17 of the purchase and management of agricultural 

18 land by covered foreign persons. 

19 (2) CONTENTS.—A report submitted under 

20 paragraph (1) shall include the following with re21 spect to the year covered by the report: 

22 (A) A description of— 

23 (i) the number of acres of agricultural 

24 land owned or managed by covered foreign 

25 persons, organized by State; and 


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1 (ii) for each State, the percentage of 

2 land owned or managed by covered foreign 

3 persons compared to the total acreage of 

4 the State. 

5 (B) An analysis of the possible threat to 

6 food security, food safety, biosecurity, or envi7 ronmental protection due to the ownership of 

8 agricultural land by each covered foreign coun9 try through covered foreign persons. 

10 (C) An analysis of the annual and total 

11 cost of support for agricultural land owned by 

12 covered foreign persons through farm programs 

13 administered by the Farm Service Agency. 

14 (D) An analysis of the use of agricultural 

15 land for industrial espionage or intellectual 

16 property transfer by covered foreign persons. 

17 (E) An analysis of the potential use by 

18 covered foreign persons of agricultural land in 

19 close proximity to manufacturing facilities, 

20 water sources, and other critical infrastructure 

21 to monitor, interrupt, or disrupt activities crit22 ical to the national and economic security of the 

23 United States. 

24 (F) An analysis of other threats to the ag25 ricultural industry or national security of the 


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1 United States due to the ownership of agricul2 tural land by covered foreign persons. 

3 (3) UNCLASSIFIED FORM.—A report submitted 

4 under this subsection shall— 

5 (A) be submitted in unclassified form, but 

6 may include a classified annex; and 

7 (B) be consistent with the protection of in8 telligence sources and methods. 

9 SEC. 4. INVESTIGATIVE ACTIONS. 

10 (a) INVESTIGATIVE ACTIONS.—Section 4 of the Agri11 cultural Foreign Investment Disclosure Act of 1978 (7 

12 U.S.C. 3503) is amended to read as follows: 

13 ‘‘SEC. 4. INVESTIGATIVE ACTIONS. 

14 ‘‘(a) IN GENERAL.—The Secretary shall appoint an 

15 employee in the Senior Executive Service (as described in 

16 section 3131 of title 5, United States Code) of the Depart17 ment of Agriculture to serve as Chief of Operations of In18 vestigative Actions (referred to in this section as the ‘Chief 

19 of Operations’), who shall hire, appoint, and maintain ad20 ditional employees to monitor compliance with the provi21 sions of this Act. 

22 ‘‘(b) CHIEF OF OPERATIONS.—The Chief of Oper23 ations may serve in such position simultaneously with a 

24 concurrent position within the Department of Agriculture. 

25 ‘‘(c) SECURITY.—The Secretary shall— 


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1 ‘‘(1) provide classified storage, meeting, and 

2 other spaces, as necessary, for personnel; and 

3 ‘‘(2) assist personnel in obtaining security clear4 ances. 

5 ‘‘(d) DUTIES.—The Chief of Operations shall— 

6 ‘‘(1) monitor compliance with this Act; 

7 ‘‘(2) refer noncompliance with this Act to the 

8 Secretary, the Farm Service Agency, and any other 

9 appropriate authority; 

10 ‘‘(3) conduct investigations, in coordination 

11 with the Department of Justice, the Federal Bureau 

12 of Investigation, the Department of Homeland Secu13 rity, the Department of the Treasury, the National 

14 Security Council, and State and local law enforce15 ment agencies, on malign efforts— 

16 ‘‘(A) to steal agricultural knowledge and 

17 technology; and 

18 ‘‘(B) to disrupt the United States agricul19 tural base; 

20 ‘‘(4) conduct an annual audit of the database 

21 developed under section 6(b) of the Foreign Agricul22 tural Restrictions to Maintain Local Agriculture and 

23 National Defense Act of 2023; 


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1 ‘‘(5) seek to enter into memoranda of agree2 ment and memoranda of understanding with the 

3 Federal agencies described in paragraph (3)— 

4 ‘‘(A) to ensure compliance with this Act; 

5 and 

6 ‘‘(B) to prevent the malign efforts de7 scribed in that paragraph; 

8 ‘‘(6) refer to the Committee on Foreign Invest9 ment in the United States transactions that— 

10 ‘‘(A) raise potential national security con11 cerns; and 

12 ‘‘(B) result in agricultural land acquisition 

13 by a foreign person that is a citizen of, or 

14 headquartered in, as applicable, a foreign entity 

15 of concern; and 

16 ‘‘(7) publish annual reports that summarize the 

17 information contained in every report received by the 

18 Secretary under section 2 during the period covered 

19 by the report. 

20 ‘‘(e) ADMINISTRATION.—The Chief of Operations 

21 shall report to— 

22 ‘‘(1) the Secretary; or 

23 ‘‘(2) if delegated by the Secretary, to— 

24 ‘‘(A) the Administrator of the Farm Serv25 ice Agency; or 


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1 ‘‘(B) the Director of the Department of 

2 Agriculture Office of Homeland Security.’’. 

3 (b) DEFINITION OF FOREIGN ENTITY OF CON4 CERN.—Section 9 of the Agricultural Foreign Investment 

5 Disclosure Act of 1978 (7 U.S.C. 3508) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘For purposes of this Act—’’ and inserting 

8 ‘‘In this Act:’’; 

9 (2) in each of paragraphs (1) through (6)— 

10 (A) by striking ‘‘the term’’ and inserting 

11 ‘‘The term’’; and 

12 (B) by inserting a paragraph heading, the 

13 text of which comprises the term defined in that 

14 paragraph; 

15 (3) by redesignating paragraphs (2) through 

16 (6) as paragraphs (3), (4), (6), (7), and (8), respec17 tively; 

18 (4) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) FOREIGN ENTITY OF CONCERN.—The 

21 term ‘foreign entity of concern’ has the meaning 

22 given the term in section 9901 of the William M. 

23 (Mac) Thornberry National Defense Authorization 

24 Act for Fiscal Year 2021 (15 U.S.C. 4651).’’; and 


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1 (5) by inserting after paragraph (4) (as so re2 designated) the following: 

3 ‘‘(5) MALIGN EFFORT.—The term ‘malign ef4 fort’ means any hostile effort undertaken by, at the 

5 direction of, on behalf of, or with the substantial 

6 support of the government of a foreign entity of con7 cern.’’. 

8 (c) REPORTS.—The Agricultural Foreign Investment 

9 Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended 

10 by adding at the end the following: 

11 ‘‘SEC. 11. REPORTS. 

12 ‘‘(a) INITIAL REPORT.—Not later than 180 days 

13 after the date of enactment of this section, the Secretary 

14 shall submit to Congress a report that describes the 

15 progress of the Secretary in implementing the amend16 ments made by the Foreign Agricultural Restrictions to 

17 Maintain Local Agriculture and National Defense Act of 

18 2023. 

19 ‘‘(b) REPORT ON TRACKING COVERED TRANS20 ACTIONS.—Not later than 180 days after the date of en21 actment of this section, the Secretary shall submit to Con22 gress a report on the feasibility of— 

23 ‘‘(1) establishing a mechanism for quantifying 

24 the threats posed by foreign entities of concern to 


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1 United States food security, biosecurity, food safety, 

2 environmental protection, and national defense; and 

3 ‘‘(2) building, and submitting to the Committee 

4 on Foreign Investment in the United States for fur5 ther review, a rigorous discovery and review process 

6 to review transactions described in section 

7 721(a)(4)(B)(vi) of the Defense Production Act of 

8 1950 (50 U.S.C. 4565(a)(4)(B)(vi)). 

9 ‘‘(c) YEARLY REPORT.—Not later than 1 year after 

10 the date of enactment of this section, and annually there11 after for the following 10 years, the Secretary shall submit 

12 to Congress a report on the activities of the Secretary pur13 suant to this Act during the year covered by the report.’’. 

14 SEC. 5. AUTHORITY OF COMMITTEE ON FOREIGN INVEST15 MENT IN THE UNITED STATES TO REVIEW 

16 CERTAIN REAL ESTATE PURCHASES BY FOR17 EIGN ENTITIES OF CONCERN. 

18 (a) IN GENERAL.—Section 721(a)(4) of the Defense 

19 Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend20 ed— 

21 (1) in subparagraph (A)— 

22 (A) in clause (i), by striking ‘‘; and’’ and 

23 inserting a semicolon; 

24 (B) in clause (ii), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(iii) any transaction described in 

3 subparagraph (B)(vi) proposed or pending 

4 on or after the date of enactment of this 

5 clause.’’; and 

6 (2) in subparagraph (B), by adding at the end 

7 the following: 

8 ‘‘(vi) Subject to subparagraph (C), the 

9 purchase or lease by, or a concession to, a 

10 foreign entity of concern of private or pub11 lic real estate in the United States if— 

12 ‘‘(I)(aa) the value of the pur13 chase, lease, or concession— 

14 ‘‘(AA) exceeds $5,000,000; 

15 or 

16 ‘‘(BB) in combination with 

17 the value of other such purchases 

18 or leases by, or concessions to, 

19 the same entity during the pre20 ceding 3 years, exceeds 

21 $5,000,000; or 

22 ‘‘(bb) the real estate— 

23 ‘‘(AA) exceeds 320 acres; or 

24 ‘‘(BB) in combination with 

25 other private or public real estate 


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1 in the United States purchased 

2 or leased by, or for which a con3 cession is provided to, the same 

4 entity during the preceding 3 

5 years, exceeds 320 acres; and 

6 ‘‘(II) the real estate is primarily 

7 used for— 

8 ‘‘(aa) agriculture, including 

9 raising of livestock and forestry; 

10 ‘‘(bb) extraction of fossil 

11 fuels, natural gas, purchases or 

12 leases of renewable energy 

13 sources; or 

14 ‘‘(cc) extraction of critical 

15 precursor materials for biological 

16 technology industries, informa17 tion technology components, or 

18 national defense technologies.’’. 

19 (b) FOREIGN ENTITIES OF CONCERN.—Section 

20 721(a) of the Defense Production Act of 1950 (50 U.S.C. 

21 4565(a)) is amended— 

22 (1) by redesignating paragraphs (7) through 

23 (13) as paragraphs (8) through (14), respectively; 

24 and 


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1 (2) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) FOREIGN ENTITY OF CONCERN.—The 

4 term ‘foreign entity of concern’ has the meaning 

5 given that term in section 9901 of the William M. 

6 (Mac) Thornberry National Defense Authorization 

7 Act for Fiscal Year 2021 (15 U.S.C. 4651).’’. 

8 (c) FACTORS TO BE CONSIDERED.—Section 721(f) 

9 of the Defense Production Act of 1950 (50 U.S.C. 

10 4565(f)) is amended— 

11 (1) by redesignating paragraphs (8) through 

12 (11) as paragraphs (9) through (12), respectively; 

13 and 

14 (2) by inserting after paragraph (7) the fol15 lowing: 

16 ‘‘(8) the potential follow-on national security ef17 fects of the risks posed by the proposed or pending 

18 transaction to United States food security, food safe19 ty, biosecurity, environmental protection, or national 

20 defense;’’. 

21 (d) INCLUSION OF SECRETARY OF AGRICULTURE

22 AND THE COMMISSIONER OF FOOD AND DRUGS ON COM23 MITTEE ON FOREIGN INVESTMENT IN THE UNITED

24 STATES.—Section 721(k)(2) of the Defense Production 

25 Act of 1950 (50 U.S.C. 4565(k)(2)) is amended— 


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1 (1) by redesignating subparagraphs (H), (I), 

2 and (J) as subparagraphs (J), (K), and (L), respec3 tively; and 

4 (2) by inserting after subparagraph (G) the fol5 lowing: 

6 ‘‘(H) The Secretary of Agriculture. 

7 ‘‘(I) The Commissioner of Food and 

8 Drugs.’’. 

9 (e) ANNUAL REPORT.—Section 721(m) of the De10 fense Production Act of 1950 (50 U.S.C. 4565(m)) is 

11 amended— 

12 (1) by redesignating paragraph (4) as para13 graph (5); and 

14 (2) by inserting after paragraph (3) the fol15 lowing: 

16 ‘‘(4) LIST OF REAL ESTATE OWNED BY FOR17 EIGN ENTITIES OF CONCERN.—The President and 

18 such agencies as the President shall designate shall 

19 include in the annual report submitted under para20 graph (1) a list of all real estate in the United 

21 States owned by a foreign entity of concern or a per22 son closely associated with such an entity.’’. 

23 (f) REPORT REQUIRED.—Not later than 180 days 

24 after the date of enactment of this Act, the Secretary of 

25 the Treasury, in coordination with Secretary of State and 


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1 the Secretary of Homeland Security, shall submit to Con2 gress a report that includes— 

3 (1) an assessment of the feasibility of requiring 

4 retroactive divestment of real estate owned by for5 eign entities of concern (as defined in section 721(a) 

6 of the Defense Production Act of 1950, as amended 

7 by this section); and 

8 (2) a description of the process used by the 

9 Committee on Foreign Investment in the United 

10 States to review the national security implications of 

11 any connections between— 

12 (A) foreign investment in the United 

13 States made by the Government of the People’s 

14 Republic of China or entities controlled by or 

15 acting on behalf of that Government; and 

16 (B) the Chinese Communist Party. 

17 (g) EFFECTIVE DATE.—The amendments made by 

18 this section take effect on the date of the enactment of 

19 this Act and apply with respect to any covered transaction 

20 the review or investigation of which is initiated under sec21 tion 721 of the Defense Production Act of 1950 on or 

22 after such date of enactment. 

23 SEC. 6. DIGITIZATION AND CONSOLIDATION OF FOREIGN 

24 LAND OWNERSHIP DATA. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) AGRICULTURAL LAND.—The term ‘‘agricul2 tural land’’ has the meaning given the term in sec3 tion 781.2 of title 7, Code of Federal Regulations 

4 (as in effect on the date of enactment of this Act). 

5 (2) APPROPRIATE COMMITTEES OF CON6 GRESS.—In this section, the term ‘‘appropriate com7 mittees of Congress’’ has the meaning given the 

8 term in section 3(a). 

9 (3) DATABASE.—The term ‘‘database’’ means 

10 the database developed under subsection (b). 

11 (4) FOREIGN PERSON.—The term ‘‘foreign per12 son’’ has the meaning given the term in section 9 of 

13 the Agricultural Foreign Investment Disclosure Act 

14 of 1978 (7 U.S.C. 3508). 

15 (5) SECRETARIES.—The term ‘‘Secretaries’’ 

16 means— 

17 (A) the Secretary of Agriculture; and 

18 (B) the Secretary of Homeland Security. 

19 (b) DATABASE.—Subject to the availability of appro20 priations, not later than 3 years after the date of enact21 ment of this Act, the Secretaries, acting jointly, shall de22 velop a database of agricultural land owned by foreign per23 sons, using data that are— 

24 (1) collected— 


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1 (A) pursuant to the Agricultural Foreign 

2 Investment Disclosure Act of 1978 (7 U.S.C. 

3 3501 et seq.); and 

4 (B) from FSA–153 forms submitted to the 

5 Farm Service Agency; and 

6 (2) publicly available. 

7 (c) CONTENTS.—Each entry in the database for each 

8 registration or updated registration of agricultural land 

9 owned by a foreign person shall include information in the 

10 applicable FSA–153 form. 

11 (d) AUDIT.—Not later than 180 days after the data12 base is made publicly available, and annually thereafter, 

13 the Chief of Operations for Investigative Actions ap14 pointed under section 4 of the Agricultural Foreign Invest15 ment Disclosure Act of 1978 shall— 

16 (1) conduct an audit of the database; and 

17 (2) submit to the appropriate committees of 

18 Congress a report— 

19 (A) evaluating the accuracy of the data20 base; and 

21 (B) describing recommendations for im22 proving compliance with the reporting required 

23 under the Agricultural Foreign Investment Dis24 closure Act of 1978 (7 U.S.C. 3501 et seq.). 


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1 SEC. 7. PROHIBITION OF PARTICIPATION IN FARM SERVICE 

2 AGENCY PROGRAMS BY FOREIGN PERSONS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) APPROPRIATE COMMITTEES OF CON5 GRESS.—The term ‘‘appropriate committees of Con6 gress’’ has the meaning given the term in section 

7 3(a). 

8 (2) FOREIGN PERSON.—The term ‘‘foreign per9 son’’ has the meaning given the term in section 9 of 

10 the Agricultural Foreign Investment Disclosure Act 

11 of 1978 (7 U.S.C. 3508). 

12 (3) OPERATOR.—The term ‘‘operator’’ has the 

13 meaning given the term in section 718.2 of title 7, 

14 Code of Federal Regulations (as in effect on the 

15 date of enactment of this Act). 

16 (4) OWNER.—The term ‘‘owner’’ has the mean17 ing given the term in section 718.2 of title 7, Code 

18 of Federal Regulations (as in effect on the date of 

19 enactment of this Act). 

20 (5) PARTICIPANT.—The term ‘‘participant’’ has 

21 the meaning given the term in section 718.2 of title 

22 7, Code of Federal Regulations (as in effect on the 

23 date of enactment of this Act). 

24 (6) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Agriculture. 


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1 (b) LIMITATION FOR FOREIGN-OWNED OR OPER2 ATED LAND.—No operator or owner who is a foreign per3 son may be a participant. 

4 (c) COMPLIANCE.— 

5 (1) IN GENERAL.—The Secretary may take 

6 such actions as the Secretary considers necessary to 

7 monitor compliance with subsection (b). 

8 (2) OWNERSHIP CERTIFICATION.—The Sec9 retary shall require any owner or operator applying 

10 to be a participant to certify in the application that 

11 the owner or operator is not a foreign person. 

12 (3) CIVIL PENALTY.— 

13 (A) IN GENERAL.—A foreign person shall 

14 be subject to a civil penalty imposed by the Sec15 retary if the Secretary determines that the for16 eign person— 

17 (i) has received benefits prohibited 

18 under subsection (b); or 

19 (ii) has knowingly submitted a request 

20 for those benefits that contains informa21 tion that is misleading or false. 

22 (B) CIVIL ACTION.—A civil penalty im23 posed by the Secretary under subparagraph (A) 

24 shall be recoverable in a civil action brought by 


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1 the Attorney General in an appropriate district 

2 court of the United States. 

3 (C) AMOUNT.—The amount of a civil pen4 alty imposed by the Secretary under subpara5 graph (A)— 

6 (i) shall be such amount as the Sec7 retary determines to be appropriate to 

8 carry out the purposes of this section; but 

9 (ii) shall not exceed 125 percent of 

10 the monetary benefits provided to the for11 eign person in participating in the 1 or 

12 more programs of the Farm Service Agen13 cy in which participation is prohibited 

14 under subsection (b). 

15 (D) USE OF CIVIL PENALTIES.—Penalties 

16 collected under this paragraph shall be available 

17 to the Secretary, without further appropriation 

18 and until expended, for the purpose of enforcing 

19 this section. 

20 (4) USE OF INFORMATION.—For the purpose of 

21 monitoring compliance under this subsection, the 

22 Secretary shall use information— 

23 (A) collected by the Secretary under the 

24 Agricultural Foreign Investment Disclosure Act 

25 of 1978 (7 U.S.C. 3501 et seq.); and 


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1 (B) from the FSA–153 form submitted to 

2 the Farm Service Agency. 

3 (d) REPORT.—The Secretary shall submit to the ap4 propriate committees of Congress, on an annual basis, a 

5 report containing the following information: 

6 (1) A description of violations of subsection (b) 

7 during the year covered by the report. 

8 (2) An itemized list of savings for each program 

9 administered by the Farm Service Agency during the 

10 year covered by the report as a result of subsection 

11 (b). 

12 (3) A description of compliance actions taken 

13 by the Secretary under subsection (c) during the 

14 year covered by the report. 

15 (4) An itemized list of civil penalties imposed 

16 on foreign persons under subsection (c)(3) during 

17 the year covered by the report. 

18 (5) Such other information on enforcement 

19 under this section, compliance with this section, and 

20 the benefits of this section as the Secretary deter21 mines to be necessary. 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to carry out 

24 this Act and the amendments made by this Act— 


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1 (1) $35,000,000 for fiscal year 2024, to remain 

2 available until expended, for secure workspace build3 out under the amendments made by section 4 and 

4 database system development under section 6; and 

5 (2) $9,000,000 for each of fiscal years 2024 

6 through 2028 for all other activities. 

Æ 


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