[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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