H.R. 1438: Protecting America’s Agricultural Land from Foreign Harm Act of 2025

This legislation, titled the Protecting America’s Agricultural Land from Foreign Harm Act of 2025, aims to impose restrictions on foreign ownership and leasing of agricultural land in the United States. Here is a breakdown of its main provisions:

Definitions

• Agricultural Land: Defined according to existing laws to include land for farming, ranching, and similar activities.
• Covered Person: Refers to individuals or entities that are economically tied to foreign governments identified as adversaries, specifically Iran, North Korea, China, and Russia. U.S. citizens and legal residents are excluded from this definition.
• Secretary: This term refers to the Secretary of Agriculture.

Prohibition on Land Acquisition

The bill prohibits covered persons from purchasing or leasing:

• Public agricultural land owned by the U.S. government.
• Private agricultural land located within the U.S.

The President is authorized to enforce this prohibition using powers granted under existing emergency economic laws.

Penalties

Violators of this prohibition, including those who attempt, conspire, or cause violations, could face penalties analogous to those established under the International Emergency Economic Powers Act, which might include fines or legal action.

Department of Agriculture Programs

The legislation restricts participation in certain Department of Agriculture programs by covered persons that own or lease agricultural land, although exceptions exist for programs relating to food safety and health regulations.

Agricultural Foreign Investment Disclosure

The act amends existing laws to:

• Include security interests and leases among reporting requirements for foreign ownership of agricultural land.
• Adjust civil penalties related to inaccurate disclosures of foreign ownership.
• Enhance transparency by requiring the publication of more detailed ownership data in publicly accessible formats.

Reporting Requirements

Several reports are mandated under this act:

• The Secretary of Agriculture must report biannually on foreign ownership risks and inaccuracies in disclosing such ownership.
• The Director of National Intelligence must analyze the motives and impacts of foreign investments in U.S. agriculture every two years.
• The Government Accountability Office is tasked with reviewing and reporting on the effectiveness and resources associated with enforcing the Agricultural Foreign Investment Disclosure Act.

Overall Intent

The primary goal of the bill is to protect domestic agricultural land from foreign control tied to adversarial nations, ensuring that ownership remains within the United States for security reasons.

Relevant Companies

• None found