Brown Pushes the Administration to Modernize Process for Disclosing Foreign-Owned Farmland

WASHINGTON, D.C. - U.S. Senator Sherrod Brown (D-OH) is pushing the Administration to update its outdated process for disclosing foreign-owned farmland to help ensure we have an accurate picture of foreign ownership of American farmland. Yesterday, Brown joined a bipartisan group of colleagues to push the U.S. Department of Agriculture to streamline its process for electronic submission and retention of disclosures under the Agriculture Foreign Investment Disclosure Act (AFIDA). The Senators noted the alleged inaccuracies in information publicly posted by the Farm Service Agency (FSA) and the problems that arise when this information is inaccurate.

"The current practice of manual data entry, including the re-typing of paper-filed reports into FSA systems, can lead to the publication of problematic and inaccurate information," the Senators wrote. "We're told there have been instances where energy developers have been incorrectly identified as having ownership interests from sanctioned nations, when in reality the investment originates from U.S. allies. If true, such errors not only create confusion but also undermine the credibility of the data published by the FSA."

Currently, these disclosures are completed by hand on physical paper. The Consolidated Appropriations Act of 2024 mandated the establishment of a streamlined process for electronic submission and retention of AFIDA disclosures, including an internet database. The push comes as part of larger efforts Brown has led to protect American farmland and land around military bases from China and other adversaries.

Brown was joined by Senators John Fetterman (D-PA), Joni Ernst (R-IA), Tammy Baldwin (D-WI), John Barrasso (R-WY), Mike Braun (R-IN), Tom Cotton (R-AR), Mike Crapo (R-ID), Deb Fischer (R-NE), Chuck Grasley (R-IA), Pete Ricketts (R-NE), James E. Risch (R-ID), Mike Rounds (R-SD), and Debbie Stabenow (D-MI).

Read the full letter HEREor below:

Dear Secretary Vilsack,

We write regarding alleged inaccuracies in information publicly posted by the Farm Service Agency (FSA) on its website, specifically related to disclosures made under the Agricultural Foreign Investment Disclosure Act (AFID Dear Secretary Vilsack, We write regarding alleged inaccuracies in information publicly posted by the Farm Service Agency (FSA) on its website, specifically related to disclosures made under the Agricultural Foreign Investment Disclosure Act (AFIDA) Reports (FSA-153s).

The Consolidated Appropriations Act, 2024 mandated the establishment of a streamlined process for electronic submission and retention of AFIDA disclosures, including an internet database. At the beginning of the year, the Government Accountability Office also recommended the U.S. Department of Agriculture (USDA) analyze its ability to create an AFIDA online submission system and public database within its expected budget. However, we are concerned about the accuracy of information contained in these disclosures, which are still completed by hand on physical paper.

The current practice of manual data entry, including the re-typing of paper-filed reports into FSA systems, can lead to the publication of problematic and inaccurate information. We're told there have been instances where energy developers have been incorrectly identified as having ownership interests from sanctioned nations, when in reality the investment originates from U.S. allies. If true, such errors not only create confusion but also undermine the credibility of the data published by the FSA.

With these specific concerns in mind, we have the following questions:

• What measures is USDA taking to identify and correct inaccuracies in the publicly accessible database of AFIDA reports under current (i.e., handwritten submissions) submission requirements?
• How frequently is the FSA reviewing the information posted on its website for accuracy?
• What process does the FSA have in place for stakeholders to report inaccuracies in the published information, and how are these reports addressed?
• Are there plans to improve the accuracy of data entry to prevent future inaccuracies?
• What further direction from Congress-as specifically as possible-would the FSA need to transition to an online submission system?
• Are there opportunities for the online system to save the FSA staffing resources in the long-run?

We believe it is essential for the USDA to ensure that the information published on its website is accurate and reliable. Inaccurate information can have significant implications for various stakeholders and erodes public trust in the integrity of the reporting process. We hope to work with you to modernize FSA operations.

Thank you for your attention to this matter. We look forward to your response.

Sincerely,

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