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 agricul-
tural 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 juris-
diction 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Agricultural 
Restrictions to Maintain Local Agriculture and National 
Defense Act of 2023’’ or the ‘‘FARMLAND Act of 2023’’. 
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SEC. 2. AGRICULTURAL FOREIGN INVESTMENT. 
(a) FINDINGS.—Congress finds that— 
(1) agriculture is vital for the national security 
and economic prosperity of the United States and is 
a key element of United States national power; 
(2) agriculture of the United States feeds the 
people of the United States and the world, and has 
been a key contributor to advancements in tech-
nology and medicine; 
(3) strategic competitors of the United States 
have hegemonic goals to dominate the global agri-
culture industry and undermine the United States 
agriculture sector through intellectual property theft 
of seeds and other patented agriculture-related tech-
nologies; 
(4) China in particular has increased agricul-
tural investments tenfold over the past decade and 
continues to make investments in United States ag-
riculture, agribusiness, and animal processing indus-
tries, including by acquiring ownership of farmland 
in the United States; 
(5) the United States must prevent agricultural 
espionage and theft of intellectual property con-
ducted by China and other foreign entities of con-
cern (as defined in section 9 of the Agricultural For-
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eign Investment Disclosure Act of 1978 (7 U.S.C. 
3508)); 
(6) agricultural intellectual property theft may 
enable global competitors to undercut United States 
producers in international seed markets; 
(7) the Federal Government does not fully exer-
cise its authorized oversight over investment trans-
actions within the agricultural industry, causing— 
(A) United States farmland to be under 
foreign acquisition; and 
(B) the influence of foreign adversaries on 
agriculture in the United States to be an un-
known risk factor; and 
(8) the Federal Government must enforce and 
modernize existing laws to monitor and prevent ma-
lign 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. 
(b) CIVIL PENALTIES.—Section 3 of the Agricultural 
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 
3502) is amended— 
(1) by redesignating subsection (b) as sub-
section (d); 
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(2) 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) IN GENERAL.—A person shall be subject to a 
civil penalty imposed by the Secretary if the Secretary de-
termines 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 mis-
leading or false. 
‘‘(b) AVAILABILITY OF FUNDS FROM CIVIL PEN-
ALTIES.—A civil penalty collected under subsection (a) 
shall be available to the Secretary without appropriation 
and remain available until expended for the purpose of en-
forcing this Act. 
‘‘(c) CIVIL ACTION.—Any civil penalty imposed by 
the Secretary under subsection (a)’’; and 
(3) in subsection (d) (as so redesignated)— 
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(A) by striking the subsection designation 
and all that follows through ‘‘The amount’’ and 
inserting the following: 
‘‘(d) AMOUNT OF PENALTY.—The amount’’; 
(B) by striking ‘‘of this section’’; and 
(C) by striking ‘‘shall not exceed 25 per-
cent’’ and inserting ‘‘shall be not less than 5 
percent, but not more than 25 percent,’’. 
(c) PUBLIC DISCLOSURE OF NONCOMPLIANT PER-
SONS.—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 fol-
lowing: 
‘‘(e) PUBLIC DISCLOSURE OF NONCOMPLIANT PER-
SONS.—The Secretary shall publicly disclose the name of 
each person who paid to the Secretary a civil penalty im-
posed under subsection (a), including, if applicable, after 
the completion of an appeal of a civil penalty.’’. 
(d) PUBLICATION OF REPORTING REQUIREMENTS.— 
Section 3 of the Agricultural Foreign Investment Disclo-
sure Act of 1978 (7 U.S.C. 3502) (as amended by sub-
section (c)) is amended by adding at the end the following: 
‘‘(f) OUTREACH.—Using existing resources and ef-
forts to the maximum extent practicable, the Secretary 
shall carry out a nationwide outreach program directed 
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primarily towards landlords, owners, operators, persons, 
producers, and tenants (as those terms are defined in sec-
tion 718.2 of title 7, Code of Federal Regulations (as in 
effect on the date of enactment of the Foreign Agricul-
tural Restrictions to Maintain Local Agriculture and Na-
tional Defense Act of 2023)) of agricultural land and 
county property appraiser offices, land appraisal compa-
nies, and real estate auction companies to increase public 
awareness and provide education regarding the reporting 
requirements under this section.’’. 
(e) DUE DILIGENCE REQUIREMENTS.—The Agricul-
tural Foreign Investment Disclosure Act of 1978 is 
amended by inserting after section 4 (7 U.S.C. 3503) the 
following: 
‘‘SEC. 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— 
‘‘(1) conduct due diligence relating to the agri-
culture 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.’’. 
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SEC. 3. REPORT ON AGRICULTURAL LAND PURCHASING 
ACTIVITIES IN THE UNITED STATES BY COUN-
TRIES DESIGNATED AS STATE SPONSORS OF 
TERRORISM AND CERTAIN OTHER COUN-
TRIES. 
(a) DEFINITIONS.—In this section: 
(1) AGRICULTURAL LAND.—The term ‘‘agricul-
tural land’’ has the meaning given the term in sec-
tion 9 of the Agricultural Foreign Investment Dis-
closure Act of 1978 (7 U.S.C. 3508). 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Committee on Intelligence of the 
Senate; 
(D) the Committee on Homeland Security 
of the House of Representatives; 
(E) the Committee on Agriculture of the 
House of Representatives; and 
(F) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
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(3) COVERED FOREIGN COUNTRY.—The term 
‘‘covered foreign country’’ means— 
(A) the People’s Republic of China; 
(B) the Russian Federation; 
(C) a state sponsor of terrorism; and 
(D) any other country identified by the 
Secretary of Homeland Security or the Sec-
retary of Agriculture. 
(4) COVERED
FOREIGN
PERSON.—The term 
‘‘covered foreign person’’ means a foreign person (as 
defined in section 9 of the Agricultural Foreign In-
vestment Disclosure Act of 1978 (7 U.S.C. 3508)) 
that is a citizen of, or headquartered in, as applica-
ble, a covered foreign country. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 9 of the Agricultural 
Foreign Investment Disclosure Act of 1978 (7 
U.S.C. 3508). 
(6) STATE SPONSOR OF TERRORISM.—The term 
‘‘state sponsor of terrorism’’ means a country the 
government of which the Secretary of State has de-
termined has repeatedly provided support for acts of 
international terrorism, for purposes of— 
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(A) section 1754(c)(1)(A)(i) of the Export 
Control Reform Act of 2018 (50 U.S.C. 
4813(c)(1)(A)(i)); 
(B) section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371); 
(C) section 40(d) of the Arms Export Con-
trol Act (22 U.S.C. 2780(d)); or 
(D) any other provision of law. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, and annually 
thereafter, the Secretary of Agriculture, with sup-
port from the Secretary of Homeland Security and 
the head of any other appropriate Federal agency, 
shall submit to the appropriate committees of Con-
gress a report describing the national security risks 
of the purchase and management of agricultural 
land by covered foreign persons. 
(2) CONTENTS.—A report submitted under 
paragraph (1) shall include the following with re-
spect to the year covered by the report: 
(A) A description of— 
(i) the number of acres of agricultural 
land owned or managed by covered foreign 
persons, organized by State; and 
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(ii) for each State, the percentage of 
land owned or managed by covered foreign 
persons compared to the total acreage of 
the State. 
(B) An analysis of the possible threat to 
food security, food safety, biosecurity, or envi-
ronmental protection due to the ownership of 
agricultural land by each covered foreign coun-
try through covered foreign persons. 
(C) 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. 
(D) An analysis of the use of agricultural 
land for industrial espionage or intellectual 
property transfer by covered foreign persons. 
(E) 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 crit-
ical to the national and economic security of the 
United States. 
(F) An analysis of other threats to the ag-
ricultural industry or national security of the 
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United States due to the ownership of agricul-
tural land by covered foreign persons. 
(3) UNCLASSIFIED FORM.—A report submitted 
under this subsection shall— 
(A) be submitted in unclassified form, but 
may include a classified annex; and 
(B) be consistent with the protection of in-
telligence sources and methods. 
SEC. 4. INVESTIGATIVE ACTIONS. 
(a) INVESTIGATIVE ACTIONS.—Section 4 of the Agri-
cultural Foreign Investment Disclosure Act of 1978 (7 
U.S.C. 3503) is amended to read as follows: 
‘‘SEC. 4. INVESTIGATIVE ACTIONS. 
‘‘(a) IN GENERAL.—The Secretary shall appoint an 
employee in the Senior Executive Service (as described in 
section 3131 of title 5, United States Code) of the Depart-
ment of Agriculture to serve as Chief of Operations of In-
vestigative Actions (referred to in this section as the ‘Chief 
of Operations’), who shall hire, appoint, and maintain ad-
ditional employees to monitor compliance with the provi-
sions of this Act. 
‘‘(b) CHIEF OF OPERATIONS.—The Chief of Oper-
ations may serve in such position simultaneously with a 
concurrent position within the Department of Agriculture. 
‘‘(c) SECURITY.—The Secretary shall— 
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‘‘(1) provide classified storage, meeting, and 
other spaces, as necessary, for personnel; and 
‘‘(2) assist personnel in obtaining security clear-
ances. 
‘‘(d) DUTIES.—The 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 Secu-
rity, the Department of the Treasury, the National 
Security Council, and State and local law enforce-
ment agencies, on malign efforts— 
‘‘(A) to steal agricultural knowledge and 
technology; and 
‘‘(B) to disrupt the United States agricul-
tural base; 
‘‘(4) conduct an annual audit of the database 
developed under section 6(b) of the Foreign Agricul-
tural Restrictions to Maintain Local Agriculture and 
National Defense Act of 2023; 
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‘‘(5) seek to enter into memoranda of agree-
ment 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 de-
scribed in that paragraph; 
‘‘(6) refer to the Committee on Foreign Invest-
ment in the United States transactions that— 
‘‘(A) raise potential national security con-
cerns; 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) ADMINISTRATION.—The Chief of Operations 
shall report to— 
‘‘(1) the Secretary; or 
‘‘(2) if delegated by the Secretary, to— 
‘‘(A) the Administrator of the Farm Serv-
ice Agency; or 
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‘‘(B) the Director of the Department of 
Agriculture Office of Homeland Security.’’. 
(b) DEFINITION
OF FOREIGN ENTITY
OF CON-
CERN.—Section 9 of the Agricultural Foreign Investment 
Disclosure Act of 1978 (7 U.S.C. 3508) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘For purposes of this Act—’’ and inserting 
‘‘In this Act:’’; 
(2) in each of paragraphs (1) through (6)— 
(A) by striking ‘‘the term’’ and inserting 
‘‘The term’’; and 
(B) by inserting a paragraph heading, the 
text of which comprises the term defined in that 
paragraph; 
(3) by redesignating paragraphs (2) through 
(6) as paragraphs (3), (4), (6), (7), and (8), respec-
tively; 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) FOREIGN
ENTITY
OF
CONCERN.—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).’’; and 
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(5) by inserting after paragraph (4) (as so re-
designated) the following: 
‘‘(5) MALIGN EFFORT.—The term ‘malign ef-
fort’ 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 con-
cern.’’. 
(c) REPORTS.—The Agricultural Foreign Investment 
Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 11. REPORTS. 
‘‘(a) INITIAL REPORT.—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 amend-
ments made by the Foreign Agricultural Restrictions to 
Maintain Local Agriculture and National Defense Act of 
2023. 
‘‘(b) REPORT
ON
TRACKING
COVERED
TRANS-
ACTIONS.—Not later than 180 days after the date of en-
actment of this section, the Secretary shall submit to Con-
gress a report on the feasibility of— 
‘‘(1) establishing a mechanism for quantifying 
the threats posed by foreign entities of concern to 
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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 fur-
ther 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 REPORT.—Not later than 1 year after 
the date of enactment of this section, and annually there-
after for the following 10 years, the Secretary shall submit 
to Congress a report on the activities of the Secretary pur-
suant to this Act during the year covered by the report.’’. 
SEC. 5. AUTHORITY OF COMMITTEE ON FOREIGN INVEST-
MENT IN THE UNITED STATES TO REVIEW 
CERTAIN REAL ESTATE PURCHASES BY FOR-
EIGN ENTITIES OF CONCERN. 
(a) IN GENERAL.—Section 721(a)(4) of the Defense 
Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend-
ed— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following: 
‘‘(iii) any transaction described in 
subparagraph (B)(vi) proposed or pending 
on or after the date of enactment of this 
clause.’’; and 
(2) in subparagraph (B), by adding at the end 
the following: 
‘‘(vi) Subject to subparagraph (C), the 
purchase or lease by, or a concession to, a 
foreign entity of concern of private or pub-
lic real estate in the United States if— 
‘‘(I)(aa) the value of the pur-
chase, lease, or concession— 
‘‘(AA) exceeds $5,000,000; 
or 
‘‘(BB) in combination with 
the value of other such purchases 
or leases by, or concessions to, 
the same entity during the pre-
ceding 
years, 
exceeds 
$5,000,000; or 
‘‘(bb) the real estate— 
‘‘(AA) exceeds 320 acres; or 
‘‘(BB) in combination with 
other private or public real estate 
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in the United States purchased 
or leased by, or for which a con-
cession is provided to, the same 
entity during the preceding 3 
years, exceeds 320 acres; and 
‘‘(II) the real estate is primarily 
used for— 
‘‘(aa) agriculture, including 
raising of livestock and forestry; 
‘‘(bb) extraction of fossil 
fuels, natural gas, purchases or 
leases 
of 
renewable 
energy 
sources; or 
‘‘(cc) extraction of critical 
precursor materials for biological 
technology industries, informa-
tion technology components, or 
national defense technologies.’’. 
(b) FOREIGN
ENTITIES
OF
CONCERN.—Section 
721(a) of the Defense Production Act of 1950 (50 U.S.C. 
4565(a)) is amended— 
(1) by redesignating paragraphs (7) through 
(13) as paragraphs (8) through (14), respectively; 
and 
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(2) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) FOREIGN
ENTITY
OF
CONCERN.—The 
term ‘foreign entity of concern’ has the meaning 
given that term in section 9901 of the William M. 
(Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (15 U.S.C. 4651).’’. 
(c) FACTORS TO BE CONSIDERED.—Section 721(f) 
of the Defense Production Act of 1950 (50 U.S.C. 
4565(f)) is amended— 
(1) by redesignating paragraphs (8) through 
(11) as paragraphs (9) through (12), respectively; 
and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) the potential follow-on national security ef-
fects of the risks posed by the proposed or pending 
transaction to United States food security, food safe-
ty, biosecurity, environmental protection, or national 
defense;’’. 
(d) INCLUSION
OF SECRETARY
OF AGRICULTURE 
AND THE COMMISSIONER OF FOOD AND DRUGS ON COM-
MITTEE
ON FOREIGN INVESTMENT
IN
THE UNITED 
STATES.—Section 721(k)(2) of the Defense Production 
Act of 1950 (50 U.S.C. 4565(k)(2)) is amended— 
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(1) by redesignating subparagraphs (H), (I), 
and (J) as subparagraphs (J), (K), and (L), respec-
tively; and 
(2) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) The Secretary of Agriculture. 
‘‘(I) The Commissioner of Food and 
Drugs.’’. 
(e) ANNUAL REPORT.—Section 721(m) of the De-
fense Production Act of 1950 (50 U.S.C. 4565(m)) is 
amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) LIST OF REAL ESTATE OWNED BY FOR-
EIGN ENTITIES OF CONCERN.—The President and 
such agencies as the President shall designate shall 
include in the annual report submitted under para-
graph (1) a list of all real estate in the United 
States owned by a foreign entity of concern or a per-
son closely associated with such an entity.’’. 
(f) REPORT REQUIRED.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of 
the Treasury, in coordination with Secretary of State and 
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the Secretary of Homeland Security, shall submit to Con-
gress a report that includes— 
(1) an assessment of the feasibility of requiring 
retroactive divestment of real estate owned by for-
eign entities of concern (as defined in section 721(a) 
of the Defense Production Act of 1950, as amended 
by this section); and 
(2) a description of the process used by the 
Committee on Foreign Investment in the United 
States to review the national security implications of 
any connections between— 
(A) foreign investment in the United 
States made by the Government of the People’s 
Republic of China or entities controlled by or 
acting on behalf of that Government; and 
(B) the Chinese Communist Party. 
(g) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date of the enactment of 
this Act and apply with respect to any covered transaction 
the review or investigation of which is initiated under sec-
tion 721 of the Defense Production Act of 1950 on or 
after such date of enactment. 
SEC. 6. DIGITIZATION AND CONSOLIDATION OF FOREIGN 
LAND OWNERSHIP DATA. 
(a) DEFINITIONS.—In this section: 
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(1) AGRICULTURAL LAND.—The term ‘‘agricul-
tural land’’ has the meaning given the term in sec-
tion 781.2 of title 7, Code of Federal Regulations 
(as in effect on the date of enactment of this Act). 
(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—In this section, the term ‘‘appropriate com-
mittees of Congress’’ has the meaning given the 
term in section 3(a). 
(3) DATABASE.—The term ‘‘database’’ means 
the database developed under subsection (b). 
(4) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ has the meaning given the term in section 9 of 
the Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3508). 
(5) SECRETARIES.—The term ‘‘Secretaries’’ 
means— 
(A) the Secretary of Agriculture; and 
(B) the Secretary of Homeland Security. 
(b) DATABASE.—Subject to the availability of appro-
priations, not later than 3 years after the date of enact-
ment of this Act, the Secretaries, acting jointly, shall de-
velop a database of agricultural land owned by foreign per-
sons, using data that are— 
(1) collected— 
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(A) pursuant to the Agricultural Foreign 
Investment Disclosure Act of 1978 (7 U.S.C. 
3501 et seq.); and 
(B) from FSA–153 forms submitted to the 
Farm Service Agency; and 
(2) publicly available. 
(c) CONTENTS.—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. 
(d) AUDIT.—Not later than 180 days after the data-
base is made publicly available, and annually thereafter, 
the Chief of Operations for Investigative Actions ap-
pointed under section 4 of the Agricultural Foreign Invest-
ment Disclosure Act of 1978 shall— 
(1) conduct an audit of the database; and 
(2) submit to the appropriate committees of 
Congress a report— 
(A) evaluating the accuracy of the data-
base; and 
(B) describing recommendations for im-
proving compliance with the reporting required 
under the Agricultural Foreign Investment Dis-
closure Act of 1978 (7 U.S.C. 3501 et seq.). 
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SEC. 7. PROHIBITION OF PARTICIPATION IN FARM SERVICE 
AGENCY PROGRAMS BY FOREIGN PERSONS. 
(a) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ has the meaning given the term in section 
3(a). 
(2) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ has the meaning given the term in section 9 of 
the Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3508). 
(3) OPERATOR.—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). 
(4) OWNER.—The term ‘‘owner’’ has the mean-
ing 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). 
(5) PARTICIPANT.—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). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
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(b) LIMITATION
FOR FOREIGN-OWNED
OR OPER-
ATED LAND.—No operator or owner who is a foreign per-
son may be a participant. 
(c) COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary may take 
such actions as the Secretary considers necessary to 
monitor compliance with subsection (b). 
(2) OWNERSHIP
CERTIFICATION.—The Sec-
retary 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. 
(3) CIVIL PENALTY.— 
(A) IN GENERAL.—A foreign person shall 
be subject to a civil penalty imposed by the Sec-
retary if the Secretary determines that the for-
eign person— 
(i) has received benefits prohibited 
under subsection (b); or 
(ii) has knowingly submitted a request 
for those benefits that contains informa-
tion that is misleading or false. 
(B) CIVIL
ACTION.—A civil penalty im-
posed by the Secretary under subparagraph (A) 
shall be recoverable in a civil action brought by 
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the Attorney General in an appropriate district 
court of the United States. 
(C) AMOUNT.—The amount of a civil pen-
alty imposed by the Secretary under subpara-
graph (A)— 
(i) shall be such amount as the Sec-
retary determines to be appropriate to 
carry out the purposes of this section; but 
(ii) shall not exceed 125 percent of 
the monetary benefits provided to the for-
eign person in participating in the 1 or 
more programs of the Farm Service Agen-
cy in which participation is prohibited 
under subsection (b). 
(D) USE OF CIVIL PENALTIES.—Penalties 
collected under this paragraph shall be available 
to the Secretary, without further appropriation 
and until expended, for the purpose of enforcing 
this section. 
(4) USE OF INFORMATION.—For the purpose of 
monitoring compliance under this subsection, the 
Secretary shall use information— 
(A) collected by the Secretary under the 
Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3501 et seq.); and 
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(1) $35,000,000 for fiscal year 2024, to remain 
available until expended, for secure workspace build-
out under the amendments made by section 4 and 
database system development under section 6; and 
(2) $9,000,000 for each of fiscal years 2024 
through 2028 for all other activities. 
Æ 
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