LAND Act

Bill Number

H.R. 2124

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Agriculture and Food

Status

Introduced

Latest Action

2025-04-04: Referred to the Subcommittee on Nutrition and Foreign Agriculture.

Last Updated

2026-04-16T08:06:51Z

AI-Generated Summary

Purpose of the Legislation

The "Land And National Defense Act" (LAND Act), H.R. 2124, aims to promote reciprocity in the purchase of agricultural land by requiring foreign buyers in the United States to face the same restrictions that U.S. citizens and nationals encounter when trying to buy agricultural land in the foreign buyer's home country. This is intended to protect U.S. agricultural land from unequal foreign ownership while ensuring compliance with state laws.

Key Provisions

• Reciprocity Requirement: Foreign purchasers of U.S. agricultural land must adhere to:
• The same limits (e.g., ownership caps or bans) that their home country imposes on U.S. citizens buying agricultural land there.
• Any additional restrictions under the laws of the U.S. state where the land is located.
• Defining the Home Country:
• For dual U.S. citizens: The other country is the home country.
• For U.S. citizens with multiple foreign citizenships: The foreign country with the strictest land purchase rules (as determined by a new task force) is the home country.
• For non-U.S. citizens with multiple citizenships: The country with the strictest rules applies.
• For companies: The country whose citizens own at least 5% of the company and has the strictest rules is the home country.
• For foreign governments: The country they represent is the home country.
• Reporting Requirements:
• Sellers of agricultural land to foreign buyers must notify the Secretary of Agriculture.
• The Secretary must then inform the U.S. Senators and House Representative from the affected state and congressional district.
• U.S. Land Protection Task Force:
• Established to detect violations of the reciprocity rules.
• Chaired by the Secretary of Agriculture; includes the Committee on Foreign Investment in the United States (CFIUS, a group reviewing foreign investments for national security risks), the National Security Division of the Department of Justice, and the Secretary of State.
• Must submit reports to Congress every six months (starting one year after enactment), covering: percentage of agricultural land sold to foreigners (by land type), states involved, average costs, title histories of purchases, and proximity to military installations (within 100 miles).
• Definitions:
• "Agricultural land" refers to farmland used for crops, livestock, or related purposes, as defined in the existing Agricultural Foreign Investment Disclosure Act of 1978.
• "Foreign purchaser" includes foreign individuals or entities (as defined in the 1978 Act) and U.S. citizens who also hold citizenship in another country.
• Severability: If any part of the law is ruled invalid or unconstitutional, the rest remains in effect.

Significant Changes to Existing Law

• Builds on the Agricultural Foreign Investment Disclosure Act of 1978, which requires reporting of foreign land purchases but does not impose reciprocity-based restrictions.
• Introduces new barriers to foreign land ownership by mirroring foreign countries' rules, potentially blocking purchases that would be allowed under current U.S. federal law alone.
• Adds mandatory congressional notifications and a dedicated task force for oversight, expanding enforcement beyond existing disclosure requirements.
• No outright ban on foreign ownership, but it could effectively limit it based on the purchasing country's policies (e.g., if a country bans U.S. citizens from buying its farmland, its nationals face the same in the U.S.).

Potential Impacts

• Government Agencies: Increases workload for the Department of Agriculture (USDA) in handling reports and chairing the task force; involves coordination with the Department of Justice (for national security), State Department (for foreign policy), and CFIUS (for investment reviews). Could lead to more resources needed for semi-annual reporting.
• Citizens and Landowners: U.S. sellers of agricultural land gain a reporting obligation, which might complicate transactions but provide transparency. American farmers and rural communities could see reduced foreign competition in land markets, potentially stabilizing prices or preserving domestic control.
• International Relations: May create tensions with countries that restrict U.S. land purchases (e.g., China or some EU nations), as it enforces "tit-for-tat" rules. Could encourage reciprocal trade negotiations but risk retaliatory measures against U.S. investments abroad. Focus on land near military bases highlights national security concerns, potentially affecting diplomatic ties.

Main Stakeholders Affected

• Foreign Purchasers: Individuals, companies, or governments from other countries, especially those from nations with strict domestic land laws (e.g., limits on foreign ownership), who may face new barriers to buying U.S. farmland.
• U.S. Landowners and Sellers: Farmers, ranchers, and real estate owners in agricultural areas, who must report sales and could benefit from fewer foreign buyers.
• Agricultural Sector: Broader farming industry, including producers and agribusinesses, potentially impacted by changes in land availability and prices.
• Government Entities: USDA, Department of Justice, Department of State, CFIUS, and Congress, which gain new monitoring and reporting duties.
• U.S. Dual Citizens: Americans with foreign citizenships, who may be treated as "foreign purchasers" based on their other nationality's rules.

Notable Legal, Constitutional, or Political Implications

• Legal: Could face challenges under international trade agreements (e.g., WTO rules on non-discrimination) or U.S. anti-discrimination laws if reciprocity is seen as unfairly targeting specific nationalities. The task force's role in determining "most restrictive" countries introduces subjective judgments that might lead to disputes or litigation.
• Constitutional: Potential equal protection issues under the 14th Amendment if the law disproportionately affects certain groups (e.g., dual citizens) without clear justification; however, national security rationales (e.g., protecting land near military sites) could support it under broad federal powers over foreign affairs.
• Political: Reflects growing concerns over foreign ownership of U.S. strategic assets like farmland, amid national security debates (e.g., food supply chains or espionage risks). Sponsored by Republican lawmakers, it aligns with "America First" policies but may polarize views on immigration, trade, and property rights. The severability clause ensures partial enforceability if parts are struck down.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Gill, Brandon [R-TX-26]

Cosponsors (10)

Rep. Brecheen, Josh [R-OK-2], Rep. Higgins, Clay [R-LA-3], Rep. Greene, Marjorie Taylor [R-GA-14], Rep. Stutzman, Marlin A. [R-IN-3], Rep. LaMalfa, Doug [R-CA-1], Rep. Moore, Riley [R-WV-2], Rep. Boebert, Lauren [R-CO-4], Rep. Crane, Elijah [R-AZ-2], Rep. Harris, Mark [R-NC-8], Rep. Fuller, Clay [R-GA-14]

Recent Actions

• 2025-04-04: Referred to the Subcommittee on Nutrition and Foreign Agriculture.
• 2025-03-14: Referred to the House Committee on Agriculture.
• 2025-03-14: Introduced in House
• 2025-03-14: Introduced in House

Bill Versions

• Land And National Defense Act — issued 2025-03-14 — PDF (6 pages)