The Senate did not enact a federal ban on foreign ownership of U.S. farmland. On July 25, 2023, it voted 91–7 to add the PASS Act amendment to its version of the FY2024 National Defense Authorization Act (NDAA). The proposed review requirement did not make it into the enacted law.
What the Senate voted on
The 91–7 vote was on an amendment to the Senate’s version of the FY2024 NDAA, not a stand-alone law. The amendment was associated with the Promoting Agriculture Safeguards and Security Act, or PASS Act. The Senate later approved its version of the broader NDAA by a separate 86–11 vote; those tallies concern different questions. The National Agricultural Law Center summarizes the amendment and votes in its account of the Senate vote.
What the amendment proposed
The amendment would have expanded review by the Committee on Foreign Investment in the United States (CFIUS) of certain covered investments in U.S. agriculture, including farmland and agricultural businesses. It focused on investments connected to China, Iran, North Korea, or Russia and national-security risks. That is narrower and different from a blanket prohibition on every foreign person owning farmland. The language inserted into the NDAA also differed from the PASS Act as originally introduced, according to the National Agricultural Law Center’s legislative account.
Why the vote did not create a nationwide ban
The amendment was not included in the House version of the NDAA and was omitted from the enacted FY2024 law. A Senate vote to include language in one chamber’s version of a bill does not by itself make that language law; the proposal must survive the legislative process and be enacted. In this case, it did not.
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What federal law says about foreign-held agricultural land
As of June 26, 2026, the National Agricultural Law Center’s foreign ownership resource says there is no general federal law restricting foreign persons from acquiring or holding U.S. agricultural land. The federal Agricultural Foreign Investment Disclosure Act (AFIDA) is a monitoring and disclosure framework: certain foreign persons must report interests in U.S. farmland. Reporting is not the same as a federal ownership ban.
State restrictions vary
Federal policy is only part of the picture. The National Agricultural Law Center reported on June 26, 2026, that 24 states had some restrictions on foreign agricultural land holdings, while 25 states had considered at least one related proposal during 2026. These laws and proposals do not share one uniform definition of “foreign ownership” or one scope. Coverage may depend on the state’s definitions and the type of person, entity, land, or interest involved. Anyone evaluating a purchase or holding should check the current statute and bill status in the relevant state rather than infer the rules from the 2023 Senate vote.
Later federal bills are separate proposals
Two later bills illustrate why bill status and enacted law should not be confused:
| Bill | Status shown in the cited record | Stated subject |
|---|---|---|
| S.4391, Farmland for Farmers Act of 2026 | Introduced April 27, 2026; referred to the Senate Agriculture, Nutrition, and Forestry Committee. | Would ban new corporate ownership of agricultural land. |
| S.618, Protecting America’s Agricultural Land from Foreign Harm Act of 2025 | Introduced February 18, 2025; referred to the Senate Agriculture, Nutrition, and Forestry Committee. | Addresses foreign harm to agricultural land. |
The records show introduction and committee referral, not enactment. Neither changes the outcome of the 2023 PASS Act amendment.
How to read headlines about farmland ownership
When assessing a claim that the government has restricted foreign ownership, check four things: whether the measure requires disclosure or prohibits ownership; which people, governments, or entities it covers; whether it applies to farmland alone or other property and agricultural businesses too; and whether it was proposed, passed by one chamber, or enacted. For the July 2023 headline, the decisive fact is that the Senate approved an amendment for its bill version, but the amendment was left out of the final NDAA.
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