[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2651-S2652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 518. Mr. BRAUN (for himself and Mr. Tester) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to authorize 
appropriations for fiscal year 2024 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title X, add the following:

  Subtitle H--Protecting America's Agricultural Land From Foreign Harm

     SEC. 1091. DEFINITIONS.

       In this subtitle:
       (1) Agricultural land.--
       (A) In general.--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).
       (B) Inclusion.--The term ``agricultural land'' includes 
     land described in section 9(1) of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) that is 
     used for ranching purposes.
       (2) Covered person.--
       (A) In general.--The term ``covered person'' has the 
     meaning given the term ``person owned by, controlled by, or 
     subject to the jurisdiction or direction of a foreign 
     adversary'' in section 7.2 of title 15, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act), except that each reference to ``foreign adversary'' in 
     that definition shall be deemed to be a reference to the 
     government of--
       (i) Iran;
       (ii) North Korea;
       (iii) the People's Republic of China; or
       (iv) the Russian Federation.
       (B) Exclusions.--The term ``covered person'' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) United states.--The term ``United States'' includes any 
     State, territory, or possession of the United States.

     SEC. 1092. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL 
                   LAND IN THE UNITED STATES BY PERSONS ASSOCIATED 
                   WITH CERTAIN FOREIGN GOVERNMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the President shall take such actions as may be 
     necessary to prohibit the purchase or lease by covered 
     persons of--
       (1) public agricultural land that is owned by the United 
     States and administered by the head of any Federal department 
     or agency, including the Secretary, the Secretary of the 
     Interior, and the Secretary of Defense; or
       (2) private agricultural land located in the United States.
       (b) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out subsection (a).
       (c) Penalties.--A person that knowingly violates, attempts 
     to violate, conspires to violate, or causes a violation of 
     subsection (a) or any regulation, license, or order issued to 
     carry out that subsection shall be subject to the penalties 
     set forth in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (d) Rule of Construction.--Nothing in this section may be 
     construed--
       (1) to prohibit or otherwise affect the purchase or lease 
     of public or private agricultural land described in 
     subsection (a) by any person other than a covered person;
       (2) to prohibit or otherwise affect the use of public or 
     private agricultural land described in subsection (a) that is 
     transferred to or acquired by a person other than a covered 
     person from a covered person; or
       (3) to require a covered person that owns or leases public 
     or private agricultural land described in subsection (a) as 
     of the date of enactment of this Act to sell that land.

     SEC. 1093. PROHIBITION ON PARTICIPATION IN DEPARTMENT OF 
                   AGRICULTURE PROGRAMS BY PERSONS ASSOCIATED WITH 
                   CERTAIN FOREIGN GOVERNMENTS.

       (a) In General.--Except as provided in subsection (b), 
     notwithstanding any other provision of the law, the President 
     shall take such actions as may be necessary to prohibit 
     participation in Department of Agriculture programs by 
     covered persons that have full or partial ownership of 
     agricultural land in the United States or lease agricultural 
     land in the United States.
       (b) Exclusions.--Subsection (a) shall not apply to 
     participation in any program--
       (1) relating to--
       (A) food inspection or any other food safety regulatory 
     requirements; or
       (B) health and labor safety of individuals; or
       (2) administered by the Farm Service Agency, with respect 
     to the administration of this subtitle or the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et 
     seq.).
       (c) Proof of Citizenship.--To participate in a Department 
     of Agriculture program described in subsection (b) (except 
     for a program under this subtitle or the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.)), a 
     person described in subparagraph (A) of section 1091(2) that 
     is a person described in subparagraph (B) of that section 
     shall submit to the Secretary proof that the person is 
     described in subparagraph (B) of that section.

     SEC. 1094. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE.

       (a) Inclusion of Security Interests and Leases in Reporting 
     Requirements.--
       (1) In general.--Section 9 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3508) is 
     amended--
       (A) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) the term `interest' includes--
       ``(A) a security interest; and
       ``(B) a lease, without regard to the duration of the 
     lease;''.

[[Page S2652]]

       (2) Conforming amendment.--Section 2 of the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is 
     amended by striking ``, other than a security interest,'' 
     each place it appears.
       (b) Civil Penalty.--Section 3 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3502) is 
     amended--
       (1) in subsection (b), by striking ``exceed 25 percent'' 
     and inserting ``be less than 15 percent, or exceed 30 
     percent,''; and
       (2) by adding at the end the following:
       ``(c) Liens.--On imposing a penalty under subsection (a), 
     the Secretary shall ensure that a lien is placed on the 
     agricultural land with respect to which the violation 
     occurred, which shall be released only on payment of the 
     penalty.''.
       (c) Transparency.--
       (1) In general.--Section 7 of the Agricultural Foreign 
     Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended 
     to read as follows:

     ``SEC. 7. PUBLIC DATA SETS.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), the Secretary shall publish in the 
     internet database established under section 773 of division A 
     of that Act human-readable and machine-readable data sets 
     that--
       ``(1) contain all data that the Secretary possesses 
     relating to reporting under this Act from each report 
     submitted to the Secretary under section 2; and
       ``(2) as soon as practicable, but not later than 30 days, 
     after the date of receipt of any report under section 2, 
     shall be updated with the data from that report.
       ``(b) Included Data.--The data sets established under 
     subsection (a) shall include--
       ``(1) a description of--
       ``(A) the purchase price paid for, or any other 
     consideration given for, each interest in agricultural land 
     for which a report is submitted under section 2; and
       ``(B) updated estimated values of each interest in 
     agricultural land described in subparagraph (A), as that 
     information is made available to the Secretary, based on the 
     most recently assessed value of the agricultural land or 
     another comparable method determined by the Secretary; and
       ``(2) with respect to any agricultural land for which a 
     report is submitted under section 2, updated descriptions of 
     each foreign person who holds an interest in at least 1 
     percent of the agricultural land, as that information is made 
     available to the Secretary, categorized as a majority owner 
     or a minority owner that holds an interest in the 
     agricultural land.''.
       (2) Deadline for database establishment.--Section 773 of 
     division A of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), is amended, in the first proviso, by 
     striking ``3 years'' and inserting ``2 years''.
       (d) Definition of Foreign Person.--Section 9(3) of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508(3)) is amended--
       (1) in subparagraph (C)(ii)(IV), by striking ``and'' at the 
     end;
       (2) in subparagraph (D), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(E) any person, other than an individual or a government, 
     that issues equity securities that are primarily traded on a 
     foreign securities exchange within--
       ``(i) Iran;
       ``(ii) North Korea;
       ``(iii) the People's Republic of China; or
       ``(iv) the Russian Federation;''.

     SEC. 1095. REPORTS.

       (a) Report From the Secretary on Foreign Ownership of 
     Agricultural Land in the United States.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and once every 2 years thereafter, the 
     Secretary shall submit to Congress a report describing--
       (A) the risks and benefits, as determined by the Secretary, 
     that are associated with foreign ownership or lease of 
     agricultural land in rural areas (as defined in section 520 
     of the Housing Act of 1949 (42 U.S.C. 1490));
       (B) the intended and unintended misrepresentation of 
     foreign land ownership in the annual reports prepared by the 
     Secretary describing foreign holdings of agricultural land 
     due to inaccurate reporting of foreign holdings of 
     agricultural land;
       (C) the specific work that the Secretary has undertaken to 
     monitor erroneous reporting required by the Agricultural 
     Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et 
     seq.) that would result in a violation or civil penalty; and
       (D) the role of State and local government authorities in 
     tracking foreign ownership of agricultural land in the United 
     States.
       (2) Protection of information.--In carrying out paragraph 
     (1), the Secretary shall establish a plan to ensure the 
     protection of personally identifiable information.
       (b) Report From the Director of National Intelligence on 
     Foreign Ownership of Agricultural Land in the United 
     States.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and once every 2 years thereafter, the 
     Director of National Intelligence shall submit to the 
     congressional recipients described in paragraph (2) a report 
     describing--
       (A) an analysis of foreign malign influence (as defined in 
     section 119C(f) of the National Security Act of 1947 (50 
     U.S.C. 3059(f))) by covered persons that have foreign 
     ownership in the United States agriculture industry; and
       (B) the primary motives, as determined by the Director of 
     National Intelligence, of foreign investors to acquire 
     agricultural land.
       (2) Congressional recipients described.--The report under 
     paragraph (1) shall be submitted to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Agriculture, Nutrition, and Forestry 
     of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Committee on Foreign Relations of the Senate;
       (E) the Committee on Financial Services of the House of 
     Representatives;
       (F) the Committee on Agriculture of the House of 
     Representatives;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (H) the Committee on Foreign Affairs of the House of 
     Representatives;
       (I) the majority leader of the Senate;
       (J) the minority leader of the Senate;
       (K) the Speaker of the House of Representatives; and
       (L) the minority leader of the House of Representatives.
       (3) Classification.--The report under paragraph (1) shall 
     be submitted in an unclassified form, but may include a 
     classified annex.
       (c) Government Accountability Office Report.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report describing--
       (1) a review of resources, staffing, and expertise for 
     carrying out the Agricultural Foreign Investment Disclosure 
     Act of 1978 (7 U.S.C. 3501 et seq.), and enforcement issues 
     limiting the effectiveness of that Act; and
       (2) any recommended necessary changes to that Act.
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