[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2258 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2258
To prohibit the acquisition and ownership of agricultural land and
residential real property by certain foreign entities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2025
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 and
residential real property 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 ``Protecting Our Farms and Homes from
China 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 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
divest itself from any ownership or lease interests in United
States agricultural land.
(2) Letters of intent.--Not later than 180 days 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.
SEC. 4. TEMPORARY PROHIBITION ON PURCHASING RESIDENTIAL REAL ESTATE.
(a) Definitions.--In this section:
(1) Covered period.--The term ``covered period'' means the
period--
(A) beginning on the date of enactment of this Act;
and
(B) ending on--
(i) the date that is 2 years after the date
of enactment of this Act; or
(ii) if the President makes an extension
under subsection (f), the date on which the
extension expires under that subsection.
(2) Residential real estate.--The term ``residential real
estate'' means--
(A) a single-family home;
(B) a unit in a condominium or a condominium;
(C) a townhouse;
(D) a unit in a cooperative or a cooperative;
(E) a unit in a duplex or a duplex;
(F) a unit in a triplex or a triplex;
(G) a unit in a fourplex or a fourplex; and
(H) a parcel of land that a local government has
zoned for development of a type of housing described in
this paragraph.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Prohibition.--A covered foreign entity may not purchase a unit
of residential real estate in the United States during the covered
period.
(c) Divestment Requirement.--Not later than 1 year after the date
of enactment of this Act, a covered foreign entity shall divest itself
from any ownership of units of residential real estate in the United
States.
(d) Penalty.--With respect to each unit of residential real estate
owned by a covered foreign entity in violation of subsection (b) or
(c), the Secretary shall fine the covered foreign entity in an amount
equal to $1,000 for each day the covered foreign entity owns the unit
of residential real estate in violation of either of those subsections.
(e) Enforcement.--The Attorney General may enforce the provisions
of this Act, including by seizing assets and seeking appropriate
injunctive relief.
(f) Presidential Extensions.--On the date that is 2 years after the
date of enactment of this Act, and every 2 years thereafter, the
President may extend the covered period for an additional 2 years.
(g) Implementation.--
(1) In general.--The Secretary, in coordination with the
Attorney General, shall issue guidance and regulations for the
implementation of this Act.
(2) Office.--The Secretary shall establish an office within
the Department of Commerce for the purpose of--
(A) monitoring compliance with this Act; and
(B) imposing fines under subsection (d).
(h) Report.--Not later than 540 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report that details
the impact of the prohibition under subsection (b) on the residential
real estate market and housing affordability in the United States.
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