Overview
Title
To prohibit the purchase or lease of agricultural land in the United States by persons associated with certain foreign governments, and for other purposes.
ELI5 AI
The bill S. 618 is about stopping people from certain countries, like China and Russia, from buying or renting farms in the U.S. This is to keep the nation's food-growing lands safe and make sure everyone knows who owns what land.
Summary AI
S. 618 seeks to prevent individuals linked to specific foreign governments, including Iran, North Korea, China, and Russia, from buying or leasing agricultural land in the United States. The bill aims to protect U.S. agricultural resources by banning these foreign entities' participation in certain Department of Agriculture programs and enhancing reporting and transparency requirements around foreign land ownership. It also mandates reports from the Secretary of Agriculture, the Director of National Intelligence, and the Government Accountability Office to assess and address the associated risks and current oversight challenges.
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AnalysisAI
General Summary of the Bill
The bill, titled the "Protecting America’s Agricultural Land from Foreign Harm Act of 2025," was introduced in the 119th Congress and seeks to establish a legal framework to limit foreign ownership of agricultural land in the United States. It specifically aims to prohibit individuals or entities associated with certain foreign governments—namely, Iran, North Korea, China, and Russia—from buying or leasing U.S. agricultural land. Additionally, the bill includes provisions to restrict these entities from participating in U.S. Department of Agriculture programs. It proposes amendments to existing agricultural foreign investment disclosure laws to enhance transparency and impose stricter penalties for non-compliance.
Summary of Significant Issues
Several significant issues arise from the bill's provisions. First, the definition of "covered persons" is not clearly laid out, leading to potential ambiguity about who the bill targets for prohibition on land acquisition. This lack of clear definition could pose legal challenges and geopolitical ramifications, as it identifies specific foreign states as adversaries. Furthermore, the bill does not outline explicit mechanisms for enforcement or monitoring compliance, which might undermine its effectiveness. Penalties for violations are tied to an existing law, the International Emergency Economic Powers Act, without providing additional clarity on enforcement. Lastly, there is an absence of a defined appeal process for entities that may be wrongfully categorized as prohibited participants.
Impact on the Public
The bill can broadly impact the public by attempting to safeguard U.S. agricultural assets from foreign influence, which is increasingly perceived as a national security concern. While the intent is to protect domestic agricultural interests, the ambiguity surrounding enforcement and the definition of "covered persons" might result in legal battles and slower implementation. Transparency in foreign ownership, partially attained through public data set requirements, might foster public trust in the government’s efforts to monitor agricultural investments. However, concerns about data accuracy and privacy could arise.
Impact on Specific Stakeholders
For U.S. citizens and lawful permanent residents, the bill represents a step towards protecting national agricultural resources from potential foreign exploitation, especially by nations termed as adversaries. Domestic agricultural stakeholders might view the restrictions favorably as they could reduce foreign competition in land acquisition.
On the flip side, stakeholders from the countries identified as "foreign adversaries" could perceive the legislation as politically driven and discriminatory, potentially escalating diplomatic tensions. The ambiguity and lack of a defined appeal mechanism could also create uncertainty and apprehension among foreign investors who might otherwise have clear intentions.
Moreover, U.S. allies and trading partners might observe this as a precedent for more restrictive foreign investment policies, influencing their own policy frameworks, sometimes toward reciprocal measures. Such developments could complicate international trade and economic relations in the long term.
Overall, while the bill aims to strengthen national security by limiting foreign control over U.S. agricultural land, it needs clearer definitions, enforcement strategies, and transparency measures to effectively achieve its goals while minimizing unintended negative consequences.
Issues
The bill does not clearly define 'covered persons,' leading to ambiguity about who is prohibited from purchasing or leasing agricultural land, which could have significant geopolitical and legal implications. (Section 3 and Section 4)
The term 'foreign adversary' is redefined to specific countries (Iran, North Korea, China, Russia), which could result in geopolitical tensions or perceptions of political motivations. (Section 2)
The bill lacks an explicit mechanism for enforcement or monitoring of the agricultural land ownership prohibition, which could result in ineffective implementation and potential loopholes for unlawful acquisitions. (Section 3)
The penalties section relies on the International Emergency Economic Powers Act without elaboration, potentially complicating understanding and enforcement of consequences for violations. (Section 3)
There is no specific criteria or process for entities to appeal if wrongfully categorized as 'covered persons,' which might lead to legal disputes and ethical concerns. (Section 3)
The reporting requirements in Section 6 might not be adequate for timely monitoring of foreign ownership, allowing rapid changes to occur undetected, potentially influencing domestic agriculture policy and national security. (Section 6)
The bill does not specify how 'updated estimated values' of interests in agricultural land will be calculated or how frequently updates should occur, leading to potential inconsistencies and transparency issues. (Section 5)
Provisions regarding public data sets do not specify how data accuracy will be verified, impacting the reliability of reported agricultural land ownership data and potentially affecting public trust. (Section 7)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill states that it shall be known as the "Protecting America's Agricultural Land from Foreign Harm Act of 2025."
2. Definitions Read Opens in new tab
Summary AI
The section defines key terms for the Act, such as "agricultural land," which is based on existing legislation and includes ranching land, "covered person," meaning individuals or entities linked to foreign adversaries like Iran, North Korea, China, or Russia, excluding U.S. citizens and lawful permanent residents, "Secretary," referring to the Secretary of Agriculture, and "United States," including its states and territories.
3. Prohibition on purchase or lease of agricultural land in the United States by persons associated with certain foreign governments Read Opens in new tab
Summary AI
The section prohibits individuals connected to certain foreign governments from buying or leasing U.S. agricultural land, either publicly or privately owned. It gives the President authority to enforce this ban and outlines penalties for violations, while ensuring current owners who are covered by this law do not need to sell their land immediately.
4. Prohibition on participation in Department of Agriculture programs by persons associated with certain foreign governments Read Opens in new tab
Summary AI
The proposed section prohibits people associated with certain foreign governments from participating in Department of Agriculture programs if they own or lease agricultural land in the United States. However, exceptions are made for programs related to food safety, health and labor safety, or those managed by the Farm Service Agency.
5. Agricultural foreign investment disclosure Read Opens in new tab
Summary AI
The section amends the Agricultural Foreign Investment Disclosure Act of 1978 to include security interests and leases in reporting requirements, adjusts civil penalties for violations and introduces liens on land, and mandates the publication of updated public data sets on foreign ownership of agricultural land. It also defines a "foreign person" to include entities from certain countries like China and Russia that trade equity securities on foreign exchanges.
7. Public data sets Read Opens in new tab
Summary AI
The Secretary is required to publish data sets on a specific internet database that include detailed information about agricultural land reports, such as purchase prices, updated land values, and details of foreign owners holding more than 1% interest. These data sets need to be updated within 30 days of receiving any new report.
6. Reports Read Opens in new tab
Summary AI
The section outlines the requirement for the Secretary and the Director of National Intelligence to submit reports to Congress about foreign ownership of agricultural land in the United States, covering risks, benefits, and national security concerns related to such ownership. It also mandates a report from the Government Accountability Office to assess the implementation of the Agricultural Foreign Investment Disclosure Act and suggest improvements.