S.886 - Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025; FARMLAND Act of 2025 (119th Congress)
Summary
The FARMLAND Act of 2025 aims to amend the Agricultural Foreign Investment Disclosure Act of 1978 to strengthen oversight of foreign investment in the U.S. agricultural industry. It focuses on preventing agricultural espionage, intellectual property theft, and malign actions by foreign entities of concern, particularly China. The bill introduces measures such as increased civil penalties for non-compliance, public disclosure of non-compliant persons, due diligence requirements for entities involved in agricultural land transactions, and enhanced investigative actions.
Expected Effects
The Act is likely to increase scrutiny of foreign investments in U.S. agricultural land and related industries. It will likely lead to more stringent enforcement of existing regulations and potentially deter certain foreign investments deemed to pose national security risks. The creation of a database and increased reporting requirements will enhance transparency and monitoring capabilities.
Potential Benefits
- Enhanced national security by preventing foreign adversaries from acquiring control over U.S. agricultural resources.
- Protection of U.S. agricultural intellectual property and technology.
- Increased transparency and accountability in foreign investment in agriculture.
- Support for domestic farmers by limiting foreign competition and espionage.
- Improved food security by safeguarding domestic agricultural production.
Potential Disadvantages
- Potential for increased bureaucracy and regulatory burden on agricultural transactions.
- Risk of deterring beneficial foreign investment that could contribute to economic growth.
- Possible trade tensions with countries targeted by the legislation.
- Increased costs for due diligence and compliance for entities involved in agricultural land transactions.
- Potential for unintended consequences due to overly broad definitions of "foreign entity of concern."
Most Disadvantaged Areas:
Constitutional Alignment
The FARMLAND Act aligns with the Constitution's broad goals of providing for the common defense and promoting the general welfare (Preamble). Congress's power to regulate commerce with foreign nations (Article I, Section 8, Clause 3) provides a basis for this legislation. The Fifth Amendment's Takings Clause could be relevant if the Act leads to restrictions on property rights, requiring due process and just compensation.
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).