S.618 - Protecting America’s Agricultural Land from Foreign Harm Act of 2025 (119th Congress)
Summary
The "Protecting America’s Agricultural Land from Foreign Harm Act of 2025" aims to prohibit the purchase or lease of agricultural land in the United States by individuals or entities associated with the governments of Iran, North Korea, the People's Republic of China, and the Russian Federation. It also restricts these "covered persons" from participating in certain Department of Agriculture programs.
The bill amends the Agricultural Foreign Investment Disclosure Act of 1978 to include security interests and leases in reporting requirements and increases penalties for non-compliance. It mandates reports from the Secretary of Agriculture, the Director of National Intelligence, and the Government Accountability Office on foreign ownership of agricultural land.
This legislation seeks to enhance transparency and oversight of foreign investment in U.S. agricultural land, addressing concerns about national security and economic interests.
Expected Effects
The Act, if enacted, would likely reduce foreign investment in U.S. agricultural land from the specified countries. This could lead to shifts in land ownership and potentially affect agricultural markets.
Increased scrutiny and reporting requirements would likely increase the administrative burden on both foreign investors and the Department of Agriculture. The effectiveness of the Act will depend on the enforcement mechanisms and the interpretation of "covered person."
It may also lead to diplomatic tensions with the countries targeted by the legislation.
Potential Benefits
- Enhanced national security by limiting control of agricultural land by foreign adversaries.
- Increased transparency in foreign ownership of agricultural land through stricter reporting requirements.
- Protection of domestic agricultural interests by preventing foreign entities from potentially distorting the market.
- Reduced risk of foreign influence or espionage related to agricultural resources.
- Strengthened enforcement mechanisms against foreign entities violating agricultural land ownership regulations.
Potential Disadvantages
- Potential for retaliatory measures from the targeted countries, impacting U.S. agricultural exports or other economic sectors.
- Increased administrative burden and costs for the Department of Agriculture and foreign investors.
- Possible chilling effect on legitimate foreign investment in U.S. agriculture from countries not targeted by the legislation.
- Risk of unintended consequences, such as decreased land values or reduced competition in agricultural markets.
- Potential for legal challenges based on discrimination or due process concerns.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. While the federal government has broad powers to regulate commerce with foreign nations (Article I, Section 8, Clause 3), restrictions on property ownership could raise concerns under the Fifth Amendment's Takings Clause if implemented without due process or just compensation.
The bill also touches on national security, an area where the federal government has significant authority. However, the singling out of specific countries could be challenged under the Equal Protection Clause of the Fourteenth Amendment if not based on a rational basis.
Overall, the constitutionality of the Act would likely depend on the specific implementation and the justifications provided for its restrictions.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).