[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 926 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 926
To prohibit the purchase or lease of agricultural land in the United
States by persons associated with certain foreign governments, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2023
Mr. Braun (for himself, Mr. Tester, Mr. Tuberville, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To prohibit the purchase or lease of agricultural land in the United
States by persons associated with certain foreign governments, 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 ``Protecting America's Agricultural
Land from Foreign Harm Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(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. 3. 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. 4. 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 Act 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 Act or the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501 et seq.)), a person described in subparagraph (A)
of section 2(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. 5. 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;''.
(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. 6. 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(e) of the National Security Act
of 1947 (50 U.S.C. 3059(e))) 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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