[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Pages S521-S522]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1410. Mr. ROUNDS (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment SA 1388 submitted by
Mrs. Murray (for herself and Mr. Schumer) and intended to be proposed
to the bill H.R. 815, to amend title 38, United States Code, to make
certain improvements relating to the eligibility of veterans to receive
reimbursement for emergency treatment furnished through the Veterans
Community Care program, and for other purposes; which was ordered to
lie on the table; as follows:
At the end the following:
DIVISION C--OTHER MATTERS
SEC. 4001. MODIFICATIONS TO AUTHORITIES OF COMMITTEE ON
FOREIGN INVESTMENT IN THE UNITED STATES
RELATING TO AGRICULTURE AND NATIONAL SECURITY
SENSITIVE SITES.
(a) Agriculture-related Transactions.--Section 721 of the
Defense Production Act of 1950 (50 U.S.C. 4565) is amended--
(1) in subsection (a), by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning
given that term in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203).'';
(2) in subsection (b)(1), by adding at the end the
following:
``(I) Consideration of certain agricultural land
transactions.--
``(i) In general.--Not later than 30 days after receiving
notification from the Secretary of Agriculture of a
reportable agricultural land transaction, the Committee shall
determine--
``(I) whether the transaction is a covered transaction; and
``(II) if the Committee determines that the transaction is
a covered transaction, whether to--
``(aa) request the submission of a notice under clause (i)
of subparagraph (C) or a declaration under clause (v) of such
subparagraph pursuant to the process established under
subparagraph (H); or
``(bb) initiate a review pursuant to subparagraph (D).
``(ii) Reportable agricultural land transaction defined.--
In this subparagraph, the term `reportable agricultural land
transaction' means a transaction--
``(I) that the Secretary of Agriculture has reason to
believe is a covered transaction;
``(II) that involves the acquisition of an interest in
agricultural land by a foreign person, other than an excepted
investor or an excepted real estate investor, as such terms
are defined in regulations prescribed by the Committee; and
``(III) with respect to which a person is required to
submit a report to the Secretary of Agriculture under section
2(a) of the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501(a)).''; and
(3) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(B) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture, with respect to any
covered transaction related to the purchase of agricultural
land or agricultural biotechnology or otherwise related to
the agriculture industry in the United States.''.
(b) Prohibition With Respect to Purchases and Leases of
Agricultural Real Estate Near National Security Sensitive
Sites.--Section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565) is amended by adding at the end the following:
``(r) Prohibition With Respect to Purchases and Leases of
Agricultural Real Estate Near National Security Sensitive
Sites.--
``(1) In general.--If the Committee, in conducting a review
under this section, determines that a transaction described
in clause (i) or (ii) of subsection (a)(4)(B) would result in
the purchase or lease by a covered foreign person of real
estate described in paragraph (2), the President shall
prohibit the transaction unless a party to the transaction
voluntarily chooses to abandon the transaction.
``(2) Real estate described.--Subject to regulations
prescribed by the Committee, real estate described in this
paragraph is agricultural land (as defined in section 9 of
the
[[Page S522]]
Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3508)) in the United States that is in close proximity
(subject to subsection (a)(4)(C)(ii)) to a United States
military installation or another facility or property of the
United States Government that is--
``(A) sensitive for reasons relating to national security
for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
``(B) identified in regulations prescribed by the
Committee.
``(3) Waiver.--The President may waive, on a case-by-case
basis, the requirement to prohibit a transaction under
paragraph (1) after the President determines and reports to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives that the waiver is in the national
interest of the United States.
``(4) Covered foreign person defined.--
``(A) In general.--In this subsection, subject to
regulations prescribed by the Committee, the term `covered
foreign person'--
``(i) means any foreign person (including a foreign entity)
that acts as an agent, representative, or employee of, or
acts at the direction or control of, the government of a
covered country; and
``(ii) does not include a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.
``(B) Covered country defined.--For purposes of
subparagraph (A), the term `covered country' means any of the
following countries, if the country is determined to be a
foreign adversary pursuant to section 7.4 of title 15, Code
of Federal Regulations (or a successor regulation):
``(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.''.
(c) Spending Plans.--Not later than 60 days after the date
of the enactment of this Act, each department or agency
represented on the Committee on Foreign Investment in the
United States shall submit to the chairperson of the
Committee a copy of the most recent spending plan required
under section 1721(b) of the Foreign Investment Risk Review
Modernization Act of 2018 (50 U.S.C. 4565 note).
(d) Regulations.--
(1) In general.--The President shall direct, subject to
section 553 of title 5, United States Code, the issuance of
regulations to carry out the amendments made by this section.
(2) Effective date.--The regulations prescribed under
paragraph (1) shall take effect not later than one year after
the date of the enactment of this Act.
(e) Effective Date; Applicability.--The amendments made by
this section shall--
(1) take effect on the date that is 30 days after the
effective date of the regulations under subsection (d)(2);
and
(2) apply with respect to a covered transaction (as defined
in section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565)) that is proposed, pending, or completed on or
after the date described in paragraph (1).
(f) Sunset.--The amendments made by this section, and any
regulations prescribed to carry out those amendments, shall
cease to be effective on the date that is 7 years after the
date of the enactment of this Act.
______