[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 684 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 684

   To prohibit the acquisition and ownership of agricultural land by 
           certain foreign entities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2023

  Mr. Hawley introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To prohibit the acquisition and ownership of agricultural land by 
           certain foreign entities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``This Land Is Our Land Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agricultural land.--
                    (A) In general.--The term ``agricultural land'' 
                means--
                            (i) land used for farming, ranching, or 
                        timber production;
                            (ii) land used for food processing; and
                            (iii) land that--
                                    (I) is currently idle; and
                                    (II) was used within the previous 5 
                                years for farming, ranching, or timber 
                                production.
                    (B) Related definitions.--In subparagraph (A):
                            (i) Farming, ranching, or timber 
                        production.--The term ``farming, ranching, or 
                        timber production'' includes activities set 
                        forth in the Standard Industrial Classification 
                        Manual (1987), Division A.
                            (ii) Food processing.--The term ``food 
                        processing'' includes activities set forth in 
                        the Standard Industrial Classification Manual 
                        (1987), Division D, Major Group 20.
            (2) Covered foreign entity.--The term ``covered foreign 
        entity'' means--
                    (A) a corporation that is incorporated in the 
                People's Republic of China, including the Special 
                Administrative Regions of China, including Hong Kong 
                and Macau;
                    (B) a person, business trust, business association, 
                company, institution, government agency, university, 
                partnership, limited liability company, corporation, or 
                any other individual or organization that can legally 
                enter into contracts, own properties, or pay taxes on 
                behalf of the Government of the People's Republic of 
                China;
                    (C) an individual or organization affiliated with 
                the Chinese Communist Party;
                    (D) an entity owned or controlled by, or that 
                performs activities on behalf of, an individual, 
                organization, or person described in subparagraph (A), 
                (B), or (C); and
                    (E) an individual that is a member of the board of 
                directors, an executive officer, or a senior official 
                of a corporation or organization described in 
                subparagraph (A), (B), (C), or (D).
            (3) Noncompete agreement.--The term ``noncompete 
        agreement'' means an agreement entered into between an employer 
        and an employee that restricts that employee from performing, 
        after the employment relationship between the employer and the 
        employee terminates, any of the following:
                    (A) Any work for another employer for a specified 
                period of time.
                    (B) Any work in a specified geographical area.
                    (C) Any work for another employer that is similar 
                to that employee's work for the employer that is a 
                party to that agreement.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) State.--The term ``State'' means each of the several 
        States of the United States.
            (6) Territory.--The term ``territory'' means--
                    (A) the District of Columbia;
                    (B) the Commonwealth of Puerto Rico;
                    (C) the United States Virgin Islands;
                    (D) Guam;
                    (E) the Commonwealth of the Northern Mariana 
                Islands; and
                    (F) American Samoa.
            (7) United states agricultural land.--The term ``United 
        States agricultural land'' means agricultural land located in a 
        State or territory.

SEC. 3. PROHIBITION OF ACQUISITION, LEASING, OR OWNERSHIP OF UNITED 
              STATES AGRICULTURAL LAND BY COVERED FOREIGN ENTITIES.

    (a) Prohibition of Acquisition of Agricultural Land.--It shall be 
unlawful for a covered foreign entity--
            (1) to acquire any interest in United States agricultural 
        land; or
            (2) to lease any interest in United States agricultural 
        land.
    (b) Divestment Requirement.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, a covered foreign entity that owns or 
        leases an interest in United States agricultural land shall 
        divest itself from any ownership or lease interests in United 
        States agricultural land.
            (2) Letters of intent.--Not later than 1 year after the 
        date of enactment of this Act, a covered foreign entity that 
        owns or leases an interest in United States agricultural land 
        shall sign a letter of intent to divest itself from any 
        ownership or lease interests in United States agricultural 
        land.
    (c) Penalty.--The Secretary shall fine a covered foreign entity 
that owns or leases an interest in United States agricultural land in 
violation of subsection (a) or (b) in an amount equal to $100 per acre 
per day that the covered entity owns or leases the interest in 
violation of subsection (a) or (b).
    (d) Criminal Enforcement.--
            (1) Penalties.--A covered foreign entity that violates 
        subsection (a) or (b) shall be fined under title 18, United 
        States Code, imprisoned for not more than 5 years, or both.
            (2) Forfeiture.--
                    (A) In general.--In an action brought by the 
                Attorney General, any United States agricultural land 
                owned in violation of subsection (a) or (b) shall be 
                subject to forfeiture to the United States in 
                accordance with chapter 46 of title 18, United States 
                Code.
                    (B) Public auction of forfeited land.--
                Notwithstanding section 981(e) of title 18, United 
                States Code, the Attorney General shall sell through a 
                public auction any United States agricultural land that 
                is forfeited to the United States under this paragraph.
    (e) Nullification of Agreements.--Notwithstanding any other 
provision of law, any noncompete agreement entered into between a 
covered foreign entity that owns or leases an interest in United States 
agricultural land and an employee of the covered foreign entity shall 
have no force or effect.
    (f) Implementation.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in coordination with the 
        Attorney General, shall issue guidance and regulations to 
        implement this Act.
            (2) Office.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish an office 
        within the Department of Agriculture for the purpose of--
                    (A) monitoring compliance with this Act; and
                    (B) imposing fines under subsection (c).
    (g) Investigative Actions.--The Secretary may carry out such 
actions as the Secretary determines to be necessary to monitor 
compliance with this Act.
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