Prohibition of Agricultural Land for Foreign Adversaries Act

Bill Number

S. 2574

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Agriculture and Food

Status

Introduced

Latest Action

2025-07-31: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Last Updated

2025-09-18T20:53:52Z

AI-Generated Summary

Purpose

This legislation aims to restrict foreign entities associated with governments deemed adversaries—specifically North Korea, Iran, China, and Russia—from acquiring U.S. agricultural land or participating in most U.S. Department of Agriculture (USDA) programs, citing national security concerns related to food supply and land ownership.

Key Provisions

• Definitions:
• Agricultural land: Refers to land used for farming, ranching, or forestry, as defined under the existing Agricultural Foreign Investment Disclosure Act of 1978 (a law requiring reporting of foreign land purchases).
• Covered person: Any individual or entity linked to the governments of North Korea (Democratic People's Republic of Korea), Iran (Islamic Republic of Iran), China (People's Republic of China), or Russia (Russian Federation).
• United States: Encompasses all states, territories, and possessions.

• Prohibition on Land Purchases (Section 3):
• Bans covered persons from buying public or private agricultural land, including ranching land.
• The President must enforce this using powers from the International Emergency Economic Powers Act (IEEPA), a law allowing economic sanctions during national emergencies.
• Violations (including attempts, conspiracies, or causing violations) trigger penalties under IEEPA, such as fines up to $1 million or imprisonment up to 20 years for willful acts.

• Prohibition on USDA Program Participation (Section 4):
• Bars covered persons from joining most USDA programs (e.g., subsidies, loans, or grants for farmers).
• Exception: Allows participation in programs for food inspection or other food safety regulations to ensure public health standards are met.

Significant Changes to Existing Law

• Builds on the Agricultural Foreign Investment Disclosure Act by adding outright bans instead of just requiring disclosure of foreign purchases.
• Leverages IEEPA's emergency powers to impose new restrictions without needing new congressional approval for each action, expanding its use to agricultural sectors.
• Introduces targeted exclusions for food safety, which were not previously specified in similar restrictions.

Potential Impacts

• On Government Agencies: The President and USDA gain enforcement responsibilities, potentially increasing administrative burdens for monitoring land sales and program eligibility. This could strain resources for investigations and compliance.
• On Citizens: U.S. farmers, landowners, and buyers may face fewer foreign competitors in land markets, possibly stabilizing prices but limiting investment options. Domestic agricultural programs could see reduced foreign influence, affecting subsidy distributions.
• On International Relations: Heightens tensions with the four named countries by treating them as security threats, potentially leading to retaliatory measures against U.S. interests abroad, such as trade restrictions on American exports.

Main Stakeholders Affected

• Covered Persons: Individuals or entities tied to the governments of North Korea, Iran, China, or Russia, who lose ability to invest in U.S. farmland or access USDA benefits.
• U.S. Agricultural Sector: Farmers, ranchers, and land developers, who may benefit from reduced foreign ownership but could see impacts on market dynamics.
• U.S. Government: Executive branch (President and agencies like USDA and Treasury for enforcement) and Congress (via referral to the Senate Committee on Agriculture, Nutrition, and Forestry).
• General Public: Consumers of U.S. food products, indirectly affected through potential changes in food supply security and prices.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on IEEPA, which requires declaring a national emergency (not specified in the bill), potentially facing court challenges over whether agricultural land qualifies as an "emergency" threat. Penalties mirror existing sanctions laws, ensuring enforceability but risking overreach if definitions of "associated with" governments are broadly interpreted.
• Constitutional: Could raise due process concerns under the Fifth Amendment if it retroactively affects existing foreign-owned land without compensation, or equal protection issues if seen as discriminatory against specific nationalities. Property rights (protected by the Fifth Amendment) might be tested in lawsuits claiming undue restrictions on commerce.
• Political: Signals a bipartisan push for "America First" policies on food security amid geopolitical rivalries, but may polarize debates on xenophobia or economic isolationism. As an introduced bill (not yet law), its passage depends on Senate approval, with implications for U.S.-China trade relations given China's significant foreign land holdings.

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

Sponsor

Sen. Blackburn, Marsha [R-TN]

Recent Actions

• 2025-07-31: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
• 2025-07-31: Introduced in Senate

Bill Versions

• Prohibition of Agricultural Land for Foreign Adversaries Act — issued 2025-07-31 — PDF (3 pages)