[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2714-S2716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 598. Mr. TESTER (for himself, Mr. Rounds, and Mr. Braun) 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 appropriate place, insert the following:

 DIVISION F--PROTECTING AMERICAN AGRICULTURE FROM FOREIGN ADVERSARIES 
                              ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This division may be cited as the ``Protecting American 
     Agriculture from Foreign Adversaries Act of 2023''.

     SEC. 6002. DEFINITIONS.

       In this division:
       (1) Covered foreign person.--
       (A) In general.--Except as provided by subparagraph (B), 
     the term ``covered foreign person''--
       (i) has the meaning given the term ``a 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 the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024), except that each reference to ``foreign 
     adversary'' in that definition shall be deemed to be a 
     reference to the government of a covered country; and
       (ii) includes an entity that--

       (I) is registered in or organized under the laws of a 
     covered country;
       (II) has a principal place of business in a covered 
     country; or
       (III) has a subsidiary with a principal place of business 
     in a covered country.

       (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.
       (2) Covered country.--The term ``covered country'' means 
     any of the following:
       (A) The People's Republic of China.
       (B) The Russian Federation.
       (C) The Islamic Republic of Iran.
       (D) The Democratic People's Republic of Korea.
       (3) FinCEN.--The term ``FinCEN'' means the Financial Crimes 
     Enforcement Network of the Department of the Treasury.

[[Page S2715]]

  


            TITLE LXI--IDENTIFICATION OF SHELL CORPORATIONS

     SEC. 6101. MODIFICATION OF FINCEN REPORTING REQUIREMENTS.

       (1) In general.--The Director of FinCEN shall identify each 
     reporting company, as defined in section 5336 of title 31, 
     United States Code, that is owned by a covered foreign 
     person.
       (2) Report.--Not later than two business days after 
     identifying a reporting company under paragraph (1), the 
     Director of FinCEN shall provide to the Committee on Foreign 
     Investment in the United States and the Secretary of 
     Agriculture information on such reporting company.

 TITLE LXII--FOREIGN PURCHASES OF AGRICULTURAL LAND AND AGRIBUSINESSES

     SEC. 6201. 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 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) 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;
       ``(5) 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
       ``(6) 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 the Administrator 
     of the Farm Service Agency.''.
       (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 `covered foreign 
     person' in section 6002 of the Protecting American 
     Agriculture from Foreign Adversaries Act of 2023.''; 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 subsections 
     (a) and (b) of section 6201 of the Protecting American 
     Agriculture from Foreign Adversaries 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. 6202. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL 
                   LAND IN THE UNITED STATES BY PERSONS ASSOCIATED 
                   WITH CERTAIN FOREIGN GOVERNMENTS.

       (a) Definitions.--In this section:
       (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) United states.--The term ``United States'' includes any 
     State, territory, or possession of the United States.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, the President shall take such actions as may be 
     necessary to prohibit the purchase or lease by covered 
     foreign 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.
       (c) 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 (b).
       (d) Penalties.--A person that knowingly violates, attempts 
     to violate, conspires to violate, or causes a violation of 
     subsection (b) 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.
       (e) 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 (b) by any person other than a covered foreign 
     person;
       (2) to prohibit or otherwise affect the use of public or 
     private agricultural land described in subsection (b) that is 
     transferred to or acquired by a person other than a covered 
     foreign person from a covered foreign person; or
       (3) to require a covered foreign person that owns or leases 
     public or private agricultural land described in subsection 
     (b) as of the date of enactment of this Act to sell that 
     land.

     SEC. 6203. TRANSPARENCY IN AGRICULTURAL FOREIGN INVESTMENT 
                   DISCLOSURE.

       (a) 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.''.

[[Page S2716]]

       (b) 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''.
       (c) Definition of Foreign Person.--Section 9(4) of the 
     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508(4)) (as so redesignated) 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;''.

   TITLE LXIII--COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES

     SEC. 6301. CONSIDERATION OF FOOD INSECURITY IN DETERMINATIONS 
                   OF THE COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES.

       Section 721(f) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(f)) is amended--
       (1) by redesignating paragraph (11) as paragraph (13);
       (2) by redesignating paragraphs (8) through (10) as 
     paragraphs (9) through (11), respectively;
       (3) by inserting after paragraph (7) the following new 
     paragraph:
       ``(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;'';
       (4) in paragraph (11) (as so redesignated), by striking ``; 
     and'' and inserting a semicolon; and
       (5) by inserting after paragraph (11) (as so redesignated) 
     the following new paragraph:
       ``(12) the potential effects of the proposed or pending 
     transaction on the security of the food and agriculture 
     systems of the United States, including any effects on the 
     availability of, access to, or safety and quality of food; 
     and''.

     SEC. 6302. INCLUSION OF SECRETARY OF AGRICULTURE ON THE 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       (a) In General.--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 (I), (J), and (K), respectively; and
       (2) by inserting after subparagraph (G) the following new 
     subparagraph:
       ``(H) The Secretary of Agriculture (nonvoting, ex 
     officio).''.
       (b) Role of Secretary of Agriculture in CFIUS.--Section 
     721(k) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(k)) is amended by adding at the end the following new 
     paragraph:
       ``(8) Role of secretary of agriculture.--The Secretary of 
     Agriculture shall participate in the review by the Committee 
     of any covered transaction described in clause (vi), (vii), 
     or (viii) of subsection (a)(4)(B).''.

     SEC. 6303. REVIEW OF AGRICULTURE-RELATED TRANSACTIONS BY 
                   COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED 
                   STATES.

       (a) In General.--Section 721 of the Defense Production Act 
     of 1950 (50 U.S.C. 4565) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(iii) any transaction described in clause (vi) or (vii) 
     of subparagraph (B) proposed or pending on or after the date 
     of the enactment of this clause.'';
       (ii) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Any other investment, subject to regulations 
     prescribed under subparagraphs (D) and (E), by a foreign 
     person in any unaffiliated United States business that is 
     engaged in agriculture or biotechnology related to 
     agriculture.
       ``(vii) Subject to subparagraphs (C) and (E), the purchase 
     or lease by, or a concession to, a foreign person of private 
     real estate that is--

       ``(I) located in the United States;
       ``(II) used in agriculture; and
       ``(III) more than 320 acres or valued in excess of 
     $5,000,000.

       ``(viii) Subject to subparagraph (C), the purchase or lease 
     by, or a concession to, a covered person (as that term is 
     defined in subsection (r)(3)) 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.'';
       (iii) in subparagraph (C)(i), by striking ``subparagraph 
     (B)(ii)'' and inserting ``clause (ii), (vii), or (viii) of 
     subparagraph (B)'';
       (iv) in subparagraph (D)--

       (I) in clause (i), by striking ``subparagraph (B)(iii)'' 
     and inserting ``clauses (iii) and (vi) of subparagraph (B)'';
       (II) in clause (iii)(I), by striking ``subparagraph 
     (B)(iii)'' and inserting ``clauses (iii) and (vi) of 
     subparagraph (B)'';
       (III) in clause (iv)(I), by striking ``subparagraph 
     (B)(iii)'' each place it appears and inserting ``clauses 
     (iii) and (vi) of subparagraph (B)''; and
       (IV) in clause (v), by striking ``subparagraph (B)(iii)'' 
     and inserting ``clauses (iii) and (vi) of subparagraph (B)''; 
     and

       (v) in subparagraph (E), by striking ``clauses (ii) and 
     (iii)'' and inserting ``clauses (ii), (iii), (iv), and 
     (vii)''; and
       (B) by adding at the end the following:
       ``(14) Agriculture.--The term `agriculture' has the meaning 
     given such term in section 3 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 203).''; and
       (2) by adding at the end the following:
       ``(r) Prohibition With Respect to Agricultural Companies 
     and Real Estate.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, if the Committee, in conducting a review and 
     investigation under this section, determines that a 
     transaction described in clause (i), (vi), or (vii) of 
     subsection (a)(4)(B) would result in control by a covered 
     foreign person of or investment by a covered foreign person 
     in a United States business engaged in agriculture or private 
     real estate used in agriculture, the President shall prohibit 
     such transaction.
       ``(2) Waiver.--The President may waive, on a case-by-case 
     basis, the requirement to prohibit a transaction under 
     paragraph (1), not less than 30 days after the President 
     determines and reports to the relevant committees of 
     jurisdiction that it is vital to the national security 
     interests of the United States to waive such prohibition.
       ``(3) Defined terms.--In this subsection:
       ``(A) Covered person.--
       ``(i) In general.--Except as provided by clause (ii), the 
     term `covered person'--

       ``(I) has the meaning given the term `a 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 the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2024), except that each reference to `foreign 
     adversary' in that definition shall be deemed to be a 
     reference to the government of a covered country; and
       ``(II) includes an entity that--

       ``(aa) is registered in or organized under the laws of a 
     covered country;
       ``(bb) has a principal place of business in a covered 
     country; or
       ``(cc) has a subsidiary with a principal place of business 
     in a covered country.
       ``(ii) Exclusions.--The term `covered person' does not 
     include a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States.
       ``(B) Covered country.--The term `covered country' means 
     any of the following:
       ``(i) The People's Republic of China.
       ``(ii) The Russian Federation.
       ``(iii) The Islamic Republic of Iran.
       ``(iv) The Democratic People's Republic of Korea.''.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the Secretary of Agriculture shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report on the risks that foreign purchases of United 
     States businesses engaged in agriculture (as such term is 
     defined in section 3 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 203)) pose to the agricultural sector of the 
     United States.
                                 ______