Feenstra Leads Legislation to Review Foreign Purchases of American Farmland and Protect American Farms and Agricultural Production from Foreign Enemies

WASHINGTON, D.C. – Today, U.S. Rep. Randy Feenstra (R-IA) introduced the Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense (FARMLAND) Act, which would authorize the Committee on Foreign Investment in the United States (CFIUS) to review all purchases or leases of American farmland by foreign entities that exceed $5,000,000 or 320 acres.

It would also require the Secretary of Agriculture and the Secretary of Homeland Security to publish an annual report outlining any threats or national security risks of foreign investment in American farmland, direct the Secretary of Agriculture to develop a public database of all farmland owned by foreign governments and other entities, and limit foreign-owned or operated land from participating in Farm Service Agency programs like the commodity programs.

U.S. Senator Joni Ernst (R-IA) introduced companion legislation in the U.S. Senate.

“It is in the interest of the United States to review purchases of American farmland by foreign entities to protect our farms and agricultural production from our foreign adversaries, especially China. But for far too long, our government has repeatedly failed to enforce the laws on the books, monitor foreign purchases of our farmland, or assess financial penalties on those who break our laws,” said Rep. Feenstra. “That’s why I introduced the FARMLAND Act to develop new oversight measures for foreign farmland purchases, bolster the USDA’s ability to report the threats of foreign acquisition of American farmland, and close security gaps that allow foreign adversaries to evade disclosing farmland purchases. Born and raised in rural Iowa, I firmly believe that American farmland belongs to American farmers, and I will continue to lead the fight to protect our farmers and ensure that our farms are passed onto the next generation, not our foreign enemies.”

“For far too long, an outdated system has allowed China’s malign influence to threaten our security by buying up our nation’s land. Through the FARMLAND Act, I’m drawing a line in the sand to overhaul this flawed way of doing things, increase reporting and transparency, strengthen oversight of the influence of our foreign adversaries, and force the sale of foreign-owned land. It’s time to show the world we will do what it takes to protect our agriculture industry, our national security, and our food security,” said Sen. Ernst.

Under current law, the Agricultural Foreign Investment Disclosure Act (AFIDA) requires foreign investors who acquire, transfer, or hold any interest in American farmland to report holdings and transactions to the Secretary of Agriculture. However, enforcement of AFIDA has been virtually nonexistent as federal agencies do not enjoy explicit investigative power. To highlight the lack of oversight, China’s ownership of American farmland increased by 30% between 2019 and 2020 alone, and we’ve seen purchases mere miles from sensitive military sites. Modernizing the AFIDA reporting process through the FARMLAND Act provides the needed national security that our farmers and rural communities deserve.

Additionally, as of September 2022, the U.S. Department of Agriculture had only assessed eight financial penalties against foreign investors since 2012.

In 2023, an amendment sponsored by Feenstra to the Lower Energy Costs Act – which bans China from buying American farmland suitable for domestic energy production – passed the U.S. House of Representatives by a margin of 407 to 26.

Legislative text of the FARMLAND Act can be found HERE.

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