This Land Is Our Land Act

Bill: 118-s-684
Sponsor: full_name: Sen. Hawley, Josh [R-MO]
Introduced: 2023-03-07
Policy area: Agriculture and Food
Latest action: action_date: 2023-03-07
text: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Summaries:
action_date: 2023-03-07
action_desc: Introduced in Senate
text: <p><b>This Land Is Our Land Act</b></p> <p>This bill prohibits certain entities related to China or the Chinese government from acquiring, leasing, or owning any interest in U.S. agricultural land. </p> <p>Specifically, this prohibition applies to certain foreign individuals and entities with connections to China, including (1) a business incorporated in China; (2) a person, company, university, or organization that can legally enter into contracts, own properties, or pay taxes on behalf of the Chinese government; and (3) an individual or organization affiliated with the Chinese Communist Party.</p> <p>An entity must divest itself from any ownership or leased interest in U.S. agricultural land within two years of the bill's enactment. Further, within one year of enactment, an entity must sign a letter of intent to divest its interests in the land.</p> <p>Under the bill, U.S. agricultural land includes land in a U.S. state or territory that is used for (1) food processing; or (2) farming, ranching, or timber production, including currently idle land that was used within the previous five years for one of these purposes.</p> <p>The bill establishes civil and criminal penalties for violations and provides for property forfeiture and sale by public auction.</p> <p>The Department of Agriculture must establish an office to monitor compliance and impose civil fines.</p> <p> Finally, the bill nullifies any noncompete agreement between a covered foreign entity with an ownership or leased interest in U.S. agricultural land and an employee of the entity.</p>

tv_txt: II 118th CONGRESS 1st Session S. 684 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit the acquisition and ownership of agricultural land by certain foreign entities, and for other purposes.

1. Short title This Act may be cited as the This Land Is Our Land Act . 2. Definitions In this Act: (1) Agricultural land (A) In general The term agricultural land means— (i) land used for farming, ranching, or timber production; (ii) land used for food processing; and (iii) land that— (I) is currently idle; and (II) was used within the previous 5 years for farming, ranching, or timber production. (B) Related definitions In subparagraph (A): (i) Farming, ranching, or timber production The term farming, ranching, or timber production includes activities set forth in the Standard Industrial Classification Manual (1987), Division A. (ii) Food processing The term food processing includes activities set forth in the Standard Industrial Classification Manual (1987), Division D, Major Group 20. (2) Covered foreign entity The term covered foreign entity means— (A) a corporation that is incorporated in the People's Republic of China, including the Special Administrative Regions of China, including Hong Kong and Macau; (B) a person, business trust, business association, company, institution, government agency, university, partnership, limited liability company, corporation, or any other individual or organization that can legally enter into contracts, own properties, or pay taxes on behalf of the Government of the People's Republic of China; (C) an individual or organization affiliated with the Chinese Communist Party; (D) an entity owned or controlled by, or that performs activities on behalf of, an individual, organization, or person described in subparagraph (A), (B), or (C); and (E) an individual that is a member of the board of directors, an executive officer, or a senior official of a corporation or organization described in subparagraph (A), (B), (C), or (D). (3) Noncompete agreement The term noncompete agreement means an agreement entered into between an employer and an employee that restricts that employee from performing, after the employment relationship between the employer and the employee terminates, any of the following: (A) Any work for another employer for a specified period of time. (B) Any work in a specified geographical area. (C) Any work for another employer that is similar to that employee’s work for the employer that is a party to that agreement. (4) Secretary The term Secretary means the Secretary of Agriculture. (5) State The term State means each of the several States of the United States. (6) Territory The term territory means— (A) the District of Columbia; (B) the Commonwealth of Puerto Rico; (C) the United States Virgin Islands; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; and (F) American Samoa. (7) United States agricultural land The term United States agricultural land means agricultural land located in a State or territory. 3. Prohibition of acquisition, leasing, or ownership of United States agricultural land by covered foreign entities (a) Prohibition of acquisition of agricultural land It shall be unlawful for a covered foreign entity— (1) to acquire any interest in United States agricultural land; or (2) to lease any interest in United States agricultural land. (b) Divestment requirement (1) In general Not later than 2 years after the date of enactment of this Act, a covered foreign entity that owns or leases an interest in United States agricultural land shall divest itself from any ownership or lease interests in United States agricultural land. (2) Letters of intent Not later than 1 year after the date of enactment of this Act, a covered foreign entity that owns or leases an interest in United States agricultural land shall sign a letter of intent to divest itself from any ownership or lease interests in United States agricultural land. (c) Penalty The Secretary shall fine a covered foreign entity that owns or leases an interest in United States agricultural land in violation of subsection (a) or (b) in an amount equal to $100 per acre per day that the covered entity owns or leases the interest in violation of subsection (a) or (b). (d) Criminal enforcement (1) Penalties A covered foreign entity that violates subsection (a) or (b) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Forfeiture (A) In general In an action brought by the Attorney General, any United States agricultural land owned in violation of subsection (a) or (b) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code. (B) Public auction of forfeited land Notwithstanding section 981(e) of title 18, United States Code, the Attorney General shall sell through a public auction any United States agricultural land that is forfeited to the United States under this paragraph. (e) Nullification of agreements Notwithstanding any other provision of law, any noncompete agreement entered into between a covered foreign entity that owns or leases an interest in United States agricultural land and an employee of the covered foreign entity shall have no force or effect. (f) Implementation (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Attorney General, shall issue guidance and regulations to implement this Act. (2) Office Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an office within the Department of Agriculture for the purpose of— (A) monitoring compliance with this Act; and (B) imposing fines under subsection (c). (g) Investigative actions The Secretary may carry out such actions as the Secretary determines to be necessary to monitor compliance with this Act.