S.Amdt. 2418Senate118th Congress (2023-2025)
S.Amdt. 2418
Sponsored by
Sen. Mike Braun (R-IN)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
Text
Submitted
SA 2418. Mr. BRAUN submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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 subtitle H of title X, add the following: SEC. 1095. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURES. (a) Reporting; Enforcement.-- [[Page S4743]] (1) Reporting requirement.--Section 2 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is amended by adding at the end the following: ``(g) Minimum Ownership.--In the case of agricultural land in which more than 1 foreign person acquires or transfers any interest, other than a security interest, the reporting requirements under this section shall apply to each foreign person that holds at least a 1-percent interest in that land-- ``(1) directly through the first tier of ownership; or ``(2) in the aggregate through an interest in other entities at various tiers.''. (2) Enforcement.--Section 4 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3503) is amended-- (A) by striking the section designation and all that follows through ``The Secretary'' and inserting the following: ``SEC. 4. INVESTIGATIVE ACTIONS. ``(a) In General.--The Secretary''; and (B) by adding at the end the following: ``(b) Actions by FPAC-BC.--As part of the actions taken under subsection (a), the Farm Production and Conservation Business Center shall-- ``(1) take such actions as are necessary to validate the data collected under section 2, including revising and validating information throughout the data collection process; ``(2) take such actions as are necessary to ensure compliance with section 2(g); and ``(3) in coordination with the Farm Service Agency, to the maximum extent practicable, identify persons that have carried out an activity subject to a civil penalty described in paragraph (1) or (2) of section 3(a).''. (b) Disclosure Improvements.-- (1) Memoranda of understanding.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture (referred to in this subsection as the ``Secretary'') shall enter into 1 or more memoranda of understanding with the Committee on Foreign Investment in the United States under which the Secretary shall provide to the Committee all relevant information relating to reports on foreign ownership of United States agricultural land submitted to the Secretary under section 2 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501), including information relating to-- (A) each report submitted to the Secretary; and (B) with respect to each such report-- (i) the identity of the person submitting the report; and (ii) the date of submission. (2) Handbook updates.-- (A) First update.-- (i) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall update the most recent version of the Farm Service Agency handbook entitled ``Foreign Investment Disclosure'' as the Secretary determines to be necessary for the effective implementation of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.). (ii) Requirement.--The update under clause (i) shall incorporate recommendations included in the report of the Government Accountability Office entitled ``Foreign Investments in U.S. Agricultural Land: Enhancing Efforts to Collect, Track, and Share Key Information Could Better Identify National Security Risks'' and dated January 18, 2024. (B) Subsequent updates.--After updating the handbook described in subparagraph (A)(i) under that subparagraph, the Secretary shall update the handbook not less frequently than once every 10 years thereafter, including by incorporating any relevant recommendations of the Government Accountability Office. (3) Analysis of streamlined process for electronic submission and retention of reports.-- (A) Definition of covered process.--In this paragraph, the term ``covered process'' means the streamlined process for electronic submission and retention of disclosures under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.) required under section 773 of division A of the Consolidated Appropriations Act, 2023 (7 U.S.C. 3501 note; 136 Stat. 4509). (B) Analysis.--If the covered process is not established by the date that is 1 year after the date of enactment of this Act, the Farm Production and Conservation Business Center, in coordination with the Farm Service Agency, shall, by that date-- (i) carry out an analysis of the specific steps required to establish the covered process and the elements of the covered process; and (ii) develop a timeline for specific implementation benchmarks to be met. (C) Report.--The Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the analysis and implementation timeline under subparagraph (B), if applicable. ______