[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2060 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2060

To amend the Agricultural Foreign Investment Disclosure Act of 1978 to 
   strengthen oversight over foreign investment in the United States 
             agricultural industry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2023

Ms. Ernst (for herself and Ms. Stabenow) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Agricultural Foreign Investment Disclosure Act of 1978 to 
   strengthen oversight over foreign investment in the United States 
             agricultural industry, 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 ``Foreign Agricultural Restrictions to 
Maintain Local Agriculture and National Defense Act of 2023'' or the 
``FARMLAND Act of 2023''.

SEC. 2. AGRICULTURAL FOREIGN INVESTMENT.

    (a) Findings.--Congress finds that--
            (1) agriculture is vital for the national security and 
        economic prosperity of the United States and is a key element 
        of United States national power;
            (2) agriculture of the United States feeds the people of 
        the United States and the world, and has been a key contributor 
        to advancements in technology and medicine;
            (3) strategic competitors of the United States have 
        hegemonic goals to dominate the global agriculture industry and 
        undermine the United States agriculture sector through 
        intellectual property theft of seeds and other patented 
        agriculture-related technologies;
            (4) China in particular has increased agricultural 
        investments tenfold over the past decade and continues to make 
        investments in United States agriculture, agribusiness, and 
        animal processing industries, including by acquiring ownership 
        of farmland in the United States;
            (5) the United States must prevent agricultural espionage 
        and theft of intellectual property conducted by China and other 
        foreign entities of concern (as defined in section 9 of the 
        Agricultural Foreign Investment Disclosure Act of 1978 (7 
        U.S.C. 3508));
            (6) agricultural intellectual property theft may enable 
        global competitors to undercut United States producers in 
        international seed markets;
            (7) the Federal Government does not fully exercise its 
        authorized oversight over investment transactions within the 
        agricultural industry, causing--
                    (A) United States farmland to be under foreign 
                acquisition; and
                    (B) the influence of foreign adversaries on 
                agriculture in the United States to be an unknown risk 
                factor; and
            (8) the Federal Government must enforce and modernize 
        existing laws to monitor and prevent malign actions of foreign 
        entities of concern (as defined in section 9 of the 
        Agricultural Foreign Investment Disclosure Act of 1978 (7 
        U.S.C. 3508)) on the farms and land of the United States.
    (b) Civil Penalties.--Section 3 of the Agricultural Foreign 
Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended--
            (1) by redesignating subsection (b) as subsection (d);
            (2) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``(a) If the'' and all that follows through 
        ``Any such civil penalty'' in the third sentence and inserting 
        the following:
    ``(a) In General.--A person shall be subject to a civil penalty 
imposed by the Secretary if the Secretary determines that the person--
            ``(1) has failed to submit a report in accordance with the 
        provisions of section 2; or
            ``(2) has knowingly submitted a report under section 2 
        that--
                    ``(A) does not contain all the information required 
                to be in such report; or
                    ``(B) contains information that is misleading or 
                false.
    ``(b) Availability of Funds From Civil Penalties.--A civil penalty 
collected under subsection (a) shall be available to the Secretary 
without appropriation and remain available until expended for the 
purpose of enforcing this Act.
    ``(c) Civil Action.--Any civil penalty imposed by the Secretary 
under subsection (a)''; and
            (3) in subsection (d) (as so redesignated)--
                    (A) by striking the subsection designation and all 
                that follows through ``The amount'' and inserting the 
                following:
    ``(d) Amount of Penalty.--The amount'';
                    (B) by striking ``of this section''; and
                    (C) by striking ``shall not exceed 25 percent'' and 
                inserting ``shall be not less than 5 percent, but not 
                more than 25 percent,''.
    (c) Public Disclosure of Noncompliant Persons.--Section 3 of the 
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) 
(as amended by subsection (b)) is amended by adding at the end the 
following:
    ``(e) Public Disclosure of Noncompliant Persons.--The Secretary 
shall publicly disclose the name of each person who paid to the 
Secretary a civil penalty imposed under subsection (a), including, if 
applicable, after the completion of an appeal of a civil penalty.''.
    (d) Publication of Reporting Requirements.--Section 3 of the 
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) 
(as amended by subsection (c)) is amended by adding at the end the 
following:
    ``(f) Outreach.--Using existing resources and efforts to the 
maximum extent practicable, the Secretary shall carry out a nationwide 
outreach program directed primarily towards landlords, owners, 
operators, persons, producers, and tenants (as those terms are defined 
in section 718.2 of title 7, Code of Federal Regulations (as in effect 
on the date of enactment of the Foreign Agricultural Restrictions to 
Maintain Local Agriculture and National Defense Act of 2023)) of 
agricultural land and county property appraiser offices, land appraisal 
companies, and real estate auction companies to increase public 
awareness and provide education regarding the reporting requirements 
under this section.''.
    (e) Due Diligence Requirements.--The Agricultural Foreign 
Investment Disclosure Act of 1978 is amended by inserting after section 
4 (7 U.S.C. 3503) the following:

``SEC. 5. DUE DILIGENCE REQUIREMENTS.

    ``Any entity (including a buyer, seller, real estate agent, broker, 
and title company) involved in the purchase or transfer of agricultural 
land in the United States shall--
            ``(1) conduct due diligence relating to the agriculture 
        land being purchased or transferred; and
            ``(2) certify to the Secretary that, to the best of the 
        knowledge and belief of the entity, the entity is in compliance 
        with all applicable provisions of this Act.''.

SEC. 3. REPORT ON AGRICULTURAL LAND PURCHASING ACTIVITIES IN THE UNITED 
              STATES BY COUNTRIES DESIGNATED AS STATE SPONSORS OF 
              TERRORISM AND CERTAIN OTHER COUNTRIES.

    (a) Definitions.--In this section:
            (1) Agricultural land.--The term ``agricultural land'' has 
        the meaning given the term in section 9 of the Agricultural 
        Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Intelligence of the Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
                    (E) the Committee on Agriculture of the House of 
                Representatives; and
                    (F) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (3) Covered foreign country.--The term ``covered foreign 
        country'' means--
                    (A) the People's Republic of China;
                    (B) the Russian Federation;
                    (C) a state sponsor of terrorism; and
                    (D) any other country identified by the Secretary 
                of Homeland Security or the Secretary of Agriculture.
            (4) Covered foreign person.--The term ``covered foreign 
        person'' means a foreign person (as defined in section 9 of the 
        Agricultural Foreign Investment Disclosure Act of 1978 (7 
        U.S.C. 3508)) that is a citizen of, or headquartered in, as 
        applicable, a covered foreign country.
            (5) State.--The term ``State'' has the meaning given the 
        term in section 9 of the Agricultural Foreign Investment 
        Disclosure Act of 1978 (7 U.S.C. 3508).
            (6) State sponsor of terrorism.--The term ``state sponsor 
        of terrorism'' means a country the government of which the 
        Secretary of State has determined has repeatedly provided 
        support for acts of international terrorism, for purposes of--
                    (A) section 1754(c)(1)(A)(i) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
                    (B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    (C) section 40(d) of the Arms Export Control Act 
                (22 U.S.C. 2780(d)); or
                    (D) any other provision of law.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        of Agriculture, with support from the Secretary of Homeland 
        Security and the head of any other appropriate Federal agency, 
        shall submit to the appropriate committees of Congress a report 
        describing the national security risks of the purchase and 
        management of agricultural land by covered foreign persons.
            (2) Contents.--A report submitted under paragraph (1) shall 
        include the following with respect to the year covered by the 
        report:
                    (A) A description of--
                            (i) the number of acres of agricultural 
                        land owned or managed by covered foreign 
                        persons, organized by State; and
                            (ii) for each State, the percentage of land 
                        owned or managed by covered foreign persons 
                        compared to the total acreage of the State.
                    (B) An analysis of the possible threat to food 
                security, food safety, biosecurity, or environmental 
                protection due to the ownership of agricultural land by 
                each covered foreign country through covered foreign 
                persons.
                    (C) An analysis of the annual and total cost of 
                support for agricultural land owned by covered foreign 
                persons through farm programs administered by the Farm 
                Service Agency.
                    (D) An analysis of the use of agricultural land for 
                industrial espionage or intellectual property transfer 
                by covered foreign persons.
                    (E) An analysis of the potential use by covered 
                foreign persons of agricultural land in close proximity 
                to manufacturing facilities, water sources, and other 
                critical infrastructure to monitor, interrupt, or 
                disrupt activities critical to the national and 
                economic security of the United States.
                    (F) An analysis of other threats to the 
                agricultural industry or national security of the 
                United States due to the ownership of agricultural land 
                by covered foreign persons.
            (3) Unclassified form.--A report submitted under this 
        subsection shall--
                    (A) be submitted in unclassified form, but may 
                include a classified annex; and
                    (B) be consistent with the protection of 
                intelligence sources and methods.

SEC. 4. INVESTIGATIVE ACTIONS.

    (a) Investigative Actions.--Section 4 of the Agricultural Foreign 
Investment Disclosure Act of 1978 (7 U.S.C. 3503) is amended to read as 
follows:

``SEC. 4. INVESTIGATIVE ACTIONS.

    ``(a) In General.--The Secretary shall appoint an employee in the 
Senior Executive Service (as described in section 3131 of title 5, 
United States Code) of the Department of Agriculture to serve as Chief 
of Operations of Investigative Actions (referred to in this section as 
the `Chief of Operations'), who shall hire, appoint, and maintain 
additional employees to monitor compliance with the provisions of this 
Act.
    ``(b) Chief of Operations.--The Chief of Operations may serve in 
such position simultaneously with a concurrent position within the 
Department of Agriculture.
    ``(c) Security.--The Secretary shall--
            ``(1) provide classified storage, meeting, and other 
        spaces, as necessary, for personnel; and
            ``(2) assist personnel in obtaining security clearances.
    ``(d) Duties.--The Chief of Operations shall--
            ``(1) monitor compliance with this Act;
            ``(2) refer noncompliance with this Act to the Secretary, 
        the Farm Service Agency, and any other appropriate authority;
            ``(3) conduct investigations, in coordination with the 
        Department of Justice, the Federal Bureau of Investigation, the 
        Department of Homeland Security, the Department of the 
        Treasury, the National Security Council, and State and local 
        law enforcement agencies, on malign efforts--
                    ``(A) to steal agricultural knowledge and 
                technology; and
                    ``(B) to disrupt the United States agricultural 
                base;
            ``(4) conduct an annual audit of the database developed 
        under section 6(b) of the Foreign Agricultural Restrictions to 
        Maintain Local Agriculture and National Defense Act of 2023;
            ``(5) seek to enter into memoranda of agreement and 
        memoranda of understanding with the Federal agencies described 
        in paragraph (3)--
                    ``(A) to ensure compliance with this Act; and
                    ``(B) to prevent the malign efforts described in 
                that paragraph;
            ``(6) refer to the Committee on Foreign Investment in the 
        United States transactions that--
                    ``(A) raise potential national security concerns; 
                and
                    ``(B) result in agricultural land acquisition by a 
                foreign person that is a citizen of, or headquartered 
                in, as applicable, a foreign entity of concern; and
            ``(7) publish annual reports that summarize the information 
        contained in every report received by the Secretary under 
        section 2 during the period covered by the report.
    ``(e) Administration.--The Chief of Operations shall report to--
            ``(1) the Secretary; or
            ``(2) if delegated by the Secretary, to--
                    ``(A) the Administrator of the Farm Service Agency; 
                or
                    ``(B) the Director of the Department of Agriculture 
                Office of Homeland Security.''.
    (b) Definition of Foreign Entity of Concern.--Section 9 of the 
Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508) 
is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``For purposes of this Act--'' and inserting ``In this Act:'';
            (2) in each of paragraphs (1) through (6)--
                    (A) by striking ``the term'' and inserting ``The 
                term''; and
                    (B) by inserting a paragraph heading, the text of 
                which comprises the term defined in that paragraph;
            (3) by redesignating paragraphs (2) through (6) as 
        paragraphs (3), (4), (6), (7), and (8), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Foreign entity of concern.--The term `foreign entity 
        of concern' has the meaning given the term in section 9901 of 
        the William M. (Mac) Thornberry National Defense Authorization 
        Act for Fiscal Year 2021 (15 U.S.C. 4651).''; and
            (5) by inserting after paragraph (4) (as so redesignated) 
        the following:
            ``(5) Malign effort.--The term `malign effort' means any 
        hostile effort undertaken by, at the direction of, on behalf 
        of, or with the substantial support of the government of a 
        foreign entity of concern.''.
    (c) Reports.--The Agricultural Foreign Investment Disclosure Act of 
1978 (7 U.S.C. 3501 et seq.) is amended by adding at the end the 
following:

``SEC. 11. REPORTS.

    ``(a) Initial Report.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall submit to Congress a 
report that describes the progress of the Secretary in implementing the 
amendments made by the Foreign Agricultural Restrictions to Maintain 
Local Agriculture and National Defense Act of 2023.
    ``(b) Report on Tracking Covered Transactions.--Not later than 180 
days after the date of enactment of this section, the Secretary shall 
submit to Congress a report on the feasibility of--
            ``(1) establishing a mechanism for quantifying the threats 
        posed by foreign entities of concern to United States food 
        security, biosecurity, food safety, environmental protection, 
        and national defense; and
            ``(2) building, and submitting to the Committee on Foreign 
        Investment in the United States for further review, a rigorous 
        discovery and review process to review transactions described 
        in section 721(a)(4)(B)(vi) of the Defense Production Act of 
        1950 (50 U.S.C. 4565(a)(4)(B)(vi)).
    ``(c) Yearly Report.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter for the following 10 
years, the Secretary shall submit to Congress a report on the 
activities of the Secretary pursuant to this Act during the year 
covered by the report.''.

SEC. 5. AUTHORITY OF COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
              STATES TO REVIEW CERTAIN REAL ESTATE PURCHASES BY FOREIGN 
              ENTITIES OF CONCERN.

    (a) In General.--Section 721(a)(4) of the Defense Production Act of 
1950 (50 U.S.C. 4565(a)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) any transaction described in 
                        subparagraph (B)(vi) proposed or pending on or 
                        after the date of enactment of this clause.''; 
                        and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(vi) Subject to subparagraph (C), the 
                        purchase or lease by, or a concession to, a 
                        foreign entity of concern of private or public 
                        real estate in the United States if--
                                    ``(I)(aa) the value of the 
                                purchase, lease, or concession--
                                            ``(AA) exceeds $5,000,000; 
                                        or
                                            ``(BB) in combination with 
                                        the value of other such 
                                        purchases or leases by, or 
                                        concessions to, the same entity 
                                        during the preceding 3 years, 
                                        exceeds $5,000,000; or
                                    ``(bb) the real estate--
                                            ``(AA) exceeds 320 acres; 
                                        or
                                            ``(BB) in combination with 
                                        other private or public real 
                                        estate in the United States 
                                        purchased or leased by, or for 
                                        which a concession is provided 
                                        to, the same entity during the 
                                        preceding 3 years, exceeds 320 
                                        acres; and
                                    ``(II) the real estate is primarily 
                                used for--
                                            ``(aa) agriculture, 
                                        including raising of livestock 
                                        and forestry;
                                            ``(bb) extraction of fossil 
                                        fuels, natural gas, purchases 
                                        or leases of renewable energy 
                                        sources; or
                                            ``(cc) extraction of 
                                        critical precursor materials 
                                        for biological technology 
                                        industries, information 
                                        technology components, or 
                                        national defense 
                                        technologies.''.
    (b) Foreign Entities of Concern.--Section 721(a) of the Defense 
Production Act of 1950 (50 U.S.C. 4565(a)) is amended--
            (1) by redesignating paragraphs (7) through (13) as 
        paragraphs (8) through (14), respectively; and
            (2) by inserting after paragraph (6) the following:
            ``(7) Foreign entity of concern.--The term `foreign entity 
        of concern' has the meaning given that term in section 9901 of 
        the William M. (Mac) Thornberry National Defense Authorization 
        Act for Fiscal Year 2021 (15 U.S.C. 4651).''.
    (c) Factors To Be Considered.--Section 721(f) of the Defense 
Production Act of 1950 (50 U.S.C. 4565(f)) is amended--
            (1) by redesignating paragraphs (8) through (11) as 
        paragraphs (9) through (12), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) the potential follow-on national security effects of 
        the risks posed by the proposed or pending transaction to 
        United States food security, food safety, biosecurity, 
        environmental protection, or national defense;''.
    (d) Inclusion of Secretary of Agriculture and the Commissioner of 
Food And Drugs on Committee On Foreign Investment in the United 
States.--Section 721(k)(2) of the Defense Production Act of 1950 (50 
U.S.C. 4565(k)(2)) is amended--
            (1) by redesignating subparagraphs (H), (I), and (J) as 
        subparagraphs (J), (K), and (L), respectively; and
            (2) by inserting after subparagraph (G) the following:
                    ``(H) The Secretary of Agriculture.
                    ``(I) The Commissioner of Food and Drugs.''.
    (e) Annual Report.--Section 721(m) of the Defense Production Act of 
1950 (50 U.S.C. 4565(m)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) List of real estate owned by foreign entities of 
        concern.--The President and such agencies as the President 
        shall designate shall include in the annual report submitted 
        under paragraph (1) a list of all real estate in the United 
        States owned by a foreign entity of concern or a person closely 
        associated with such an entity.''.
    (f) Report Required.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Treasury, in coordination 
with Secretary of State and the Secretary of Homeland Security, shall 
submit to Congress a report that includes--
            (1) an assessment of the feasibility of requiring 
        retroactive divestment of real estate owned by foreign entities 
        of concern (as defined in section 721(a) of the Defense 
        Production Act of 1950, as amended by this section); and
            (2) a description of the process used by the Committee on 
        Foreign Investment in the United States to review the national 
        security implications of any connections between--
                    (A) foreign investment in the United States made by 
                the Government of the People's Republic of China or 
                entities controlled by or acting on behalf of that 
                Government; and
                    (B) the Chinese Communist Party.
    (g) Effective Date.--The amendments made by this section take 
effect on the date of the enactment of this Act and apply with respect 
to any covered transaction the review or investigation of which is 
initiated under section 721 of the Defense Production Act of 1950 on or 
after such date of enactment.

SEC. 6. DIGITIZATION AND CONSOLIDATION OF FOREIGN LAND OWNERSHIP DATA.

    (a) Definitions.--In this section:
            (1) Agricultural land.--The term ``agricultural land'' has 
        the meaning given the term in section 781.2 of title 7, Code of 
        Federal Regulations (as in effect on the date of enactment of 
        this Act).
            (2) Appropriate committees of congress.--In this section, 
        the term ``appropriate committees of Congress'' has the meaning 
        given the term in section 3(a).
            (3) Database.--The term ``database'' means the database 
        developed under subsection (b).
            (4) Foreign person.--The term ``foreign person'' has the 
        meaning given the term in section 9 of the Agricultural Foreign 
        Investment Disclosure Act of 1978 (7 U.S.C. 3508).
            (5) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture; and
                    (B) the Secretary of Homeland Security.
    (b) Database.--Subject to the availability of appropriations, not 
later than 3 years after the date of enactment of this Act, the 
Secretaries, acting jointly, shall develop a database of agricultural 
land owned by foreign persons, using data that are--
            (1) collected--
                    (A) pursuant to the Agricultural Foreign Investment 
                Disclosure Act of 1978 (7 U.S.C. 3501 et seq.); and
                    (B) from FSA-153 forms submitted to the Farm 
                Service Agency; and
            (2) publicly available.
    (c) Contents.--Each entry in the database for each registration or 
updated registration of agricultural land owned by a foreign person 
shall include information in the applicable FSA-153 form.
    (d) Audit.--Not later than 180 days after the database is made 
publicly available, and annually thereafter, the Chief of Operations 
for Investigative Actions appointed under section 4 of the Agricultural 
Foreign Investment Disclosure Act of 1978 shall--
            (1) conduct an audit of the database; and
            (2) submit to the appropriate committees of Congress a 
        report--
                    (A) evaluating the accuracy of the database; and
                    (B) describing recommendations for improving 
                compliance with the reporting required under the 
                Agricultural Foreign Investment Disclosure Act of 1978 
                (7 U.S.C. 3501 et seq.).

SEC. 7. PROHIBITION OF PARTICIPATION IN FARM SERVICE AGENCY PROGRAMS BY 
              FOREIGN PERSONS.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' has the meaning given 
        the term in section 3(a).
            (2) Foreign person.--The term ``foreign person'' has the 
        meaning given the term in section 9 of the Agricultural Foreign 
        Investment Disclosure Act of 1978 (7 U.S.C. 3508).
            (3) Operator.--The term ``operator'' has the meaning given 
        the term in section 718.2 of title 7, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (4) Owner.--The term ``owner'' has the meaning given the 
        term in section 718.2 of title 7, Code of Federal Regulations 
        (as in effect on the date of enactment of this Act).
            (5) Participant.--The term ``participant'' has the meaning 
        given the term in section 718.2 of title 7, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Limitation for Foreign-Owned or Operated Land.--No operator or 
owner who is a foreign person may be a participant.
    (c) Compliance.--
            (1) In general.--The Secretary may take such actions as the 
        Secretary considers necessary to monitor compliance with 
        subsection (b).
            (2) Ownership certification.--The Secretary shall require 
        any owner or operator applying to be a participant to certify 
        in the application that the owner or operator is not a foreign 
        person.
            (3) Civil penalty.--
                    (A) In general.--A foreign person shall be subject 
                to a civil penalty imposed by the Secretary if the 
                Secretary determines that the foreign person--
                            (i) has received benefits prohibited under 
                        subsection (b); or
                            (ii) has knowingly submitted a request for 
                        those benefits that contains information that 
                        is misleading or false.
                    (B) Civil action.--A civil penalty imposed by the 
                Secretary under subparagraph (A) shall be recoverable 
                in a civil action brought by the Attorney General in an 
                appropriate district court of the United States.
                    (C) Amount.--The amount of a civil penalty imposed 
                by the Secretary under subparagraph (A)--
                            (i) shall be such amount as the Secretary 
                        determines to be appropriate to carry out the 
                        purposes of this section; but
                            (ii) shall not exceed 125 percent of the 
                        monetary benefits provided to the foreign 
                        person in participating in the 1 or more 
                        programs of the Farm Service Agency in which 
                        participation is prohibited under subsection 
                        (b).
                    (D) Use of civil penalties.--Penalties collected 
                under this paragraph shall be available to the 
                Secretary, without further appropriation and until 
                expended, for the purpose of enforcing this section.
            (4) Use of information.--For the purpose of monitoring 
        compliance under this subsection, the Secretary shall use 
        information--
                    (A) collected by the Secretary under the 
                Agricultural Foreign Investment Disclosure Act of 1978 
                (7 U.S.C. 3501 et seq.); and
                    (B) from the FSA-153 form submitted to the Farm 
                Service Agency.
    (d) Report.--The Secretary shall submit to the appropriate 
committees of Congress, on an annual basis, a report containing the 
following information:
            (1) A description of violations of subsection (b) during 
        the year covered by the report.
            (2) An itemized list of savings for each program 
        administered by the Farm Service Agency during the year covered 
        by the report as a result of subsection (b).
            (3) A description of compliance actions taken by the 
        Secretary under subsection (c) during the year covered by the 
        report.
            (4) An itemized list of civil penalties imposed on foreign 
        persons under subsection (c)(3) during the year covered by the 
        report.
            (5) Such other information on enforcement under this 
        section, compliance with this section, and the benefits of this 
        section as the Secretary determines to be necessary.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act and 
the amendments made by this Act--
            (1) $35,000,000 for fiscal year 2024, to remain available 
        until expended, for secure workspace buildout under the 
        amendments made by section 4 and database system development 
        under section 6; and
            (2) $9,000,000 for each of fiscal years 2024 through 2028 
        for all other activities.
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