,,ii #aaith ,,congress #ast ,session ,s4 #fah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ah1 #bjbe,mr4 ,tuberville 7for himself and ,mr4 ,banks7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to prohibit the purchase or lease of agricultural land in the ,united ,states by persons associated with certain foreign governments1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,america's ,agricultural ,land from ,foreign ,harm ,act of #bjbe4 #b4 ,definitions ,in this ,act3 7#a7 ,agricultural land 7,a7 ,in general ,the term agricultural land has the meaning given the term in section #i of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejh74 7,b7 ,inclusion ,the term agricultural land includes land described in section #i7a7 of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejh7a77 that is used for ranching purposes4 7#b7 ,covered person 7,a7 ,in general ,the term covered person has the meaning given the term person owned by1 controlled by1 or subject to the jurisdiction or direction of a foreign adversary in section #g4b of title #ae1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 except that each reference to foreign adversary in that definition shall be deemed to be a reference to the government of-- 7i7 ,iran2 7ii7 ,north ,korea2 7iii7 the ,people's ,republic of ,china2 or 7iv7 the ,russian ,federation4 7,b7 ,exclusions ,the term covered person does not include a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#d7 ,united ,states ,the term ,united ,states includes any ,state1 territory1 or possession of the ,united ,states4 #c4 ,prohibition on purchase or lease of agricultural land in the ,united ,states by persons associated with certain foreign governments 7a7 ,in general ,notwithstanding any other provision of law1 the ,president shall take such actions as may be necessary to prohibit the purchase or lease by covered persons of-- 7#a7 public agricultural land that is owned by the ,united ,states and administered by the head of any ,federal department or agency1 including the ,secretary1 the ,secretary of the ,interior1 and the ,secretary of ,defense2 or 7#b7 private agricultural land located in the ,united ,states4 7b7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out subsection 7a74 7c7 ,penalties ,a person that knowingly violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7d7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to prohibit or otherwise affect the purchase or lease of public or private agricultural land described in subsection 7a7 by any person other than a covered person2 7#b7 to prohibit or otherwise affect the use of public or private agricultural land described in subsection 7a7 that is transferred to or acquired by a person other than a covered person from a covered person2 or 7#c7 to require a covered person that owns or leases public or private agricultural land described in subsection 7a7 as of the date of enactment of this ,act to sell that land4 #d4 ,prohibition on participation in ,department of ,agriculture programs by persons associated with certain foreign governments 7a7 ,in general ,except as provided in subsection 7b71 notwithstanding any other provision of the law1 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 ,states4 7b7 ,exclusions ,subsection 7a7 shall not apply to participation in any program-- 7#a7 relating to-- 7,a7 food inspection or any other food safety regulatory requirements2 or 7,b7 health and labor safety of individuals2 or 7#b7 administered by the ,farm ,service ,agency1 with respect to the administration of this ,act or the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja et seq474 7c7 ,proof of citizenship ,to participate in a ,department of ,agriculture program described in subsection 7b7 7except for a program under this ,act or the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja et seq4771 a person described in subparagraph 7,a7 of section #b7b7 that is a person described in subparagraph 7,b7 of that section shall submit to the ,secretary proof that the person is described in subparagraph 7,b7 of that section4 #e4 ,agricultural foreign investment disclosure 7a7 ,inclusion of security interests and leases in reporting requirements 7#a7 ,in general ,section #i of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejh7 is amended-- 7,a7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#e7 through 7#g71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 the term interest includes-- 7,a7 a security interest2 and 7,b7 a lease1 without regard to the duration of the lease2 4 7#b7 ,conforming amendment ,section #b of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja7 is amended by striking 1 other than a security interest1 each place it appears4 7b7 ,civil penalty ,section #c of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejb7 is amended-- 7#a7 in subsection 7b71 by striking exceed #be percent and inserting be less than #ae percent1 or exceed #cj percent12 and 7#b7 by adding at the end the following3 7c7 ,liens ,on imposing a penalty under subsection 7a71 the ,secretary shall ensure that a lien is placed on the agricultural land with respect to which the violation occurred1 which shall be released only on payment of the penalty4 4 7c7 ,transparency ,section #g of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejf7 is amended to read as follows3 #g4 ,public data sets 7a7 ,in general ,the ,secretary shall publish in the internet database established under section #gdb of division ,b of the ,consolidated ,appropriations ,act1 #bjbd 7#g ,u4,s4,c4 #ceja note2 ,public ,law #aah-db7 human-readable and machine-readable data sets that-- 7#a7 contain all data that the ,secretary possesses relating to reporting under this ,act from each report submitted to the ,secretary under section #b2 and 7#b7 as soon as practicable1 but not later than #cj days1 after the date of receipt of any report under section #b1 shall be updated with the data from that report4 7b7 ,included data ,the data sets established under subsection 7a7 shall include-- 7#a7 a description of-- 7,a7 the purchase price paid for1 or any other consideration given for1 each interest in agricultural land for which a report is submitted under section #b2 and 7,b7 updated estimated values of each interest in agricultural land described in subparagraph 7,a71 as that information is made available to the ,secretary1 based on the most recently assessed value of the agricultural land or another comparable method determined by the ,secretary2 and 7#b7 with respect to any agricultural land for which a report is submitted under section #b1 updated descriptions of each foreign person who holds an interest in at least #a percent of the agricultural land1 as that information is made available to the ,secretary1 categorized as a majority owner or a minority owner that holds an interest in the agricultural land4 4 7d7 ,definition of foreign person ,section #i7c7 of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #cejh7c77 is amended-- 7#a7 in subparagraph 7,c77ii77,,iv71 by striking and at the end2 7#b7 in subparagraph 7,d71 by inserting and after the semicolon2 and 7#c7 by adding at the end the following3 7,e7 any person1 other than an individual or a government1 that issues equity securities that are primarily traded on a foreign securities exchange within-- 7i7 ,iran2 7ii7 ,north ,korea2 7iii7 the ,people's ,republic of ,china2 or 7iv7 the ,russian ,federation2 4 #f4 ,reports 7a7 ,report from the ,secretary on foreign ownership of agricultural land in the ,united ,states 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and once every #b years thereafter1 the ,secretary shall submit to ,congress a report describing-- 7,a7 the risks and benefits1 as determined by the ,secretary1 that are associated with foreign ownership or lease of agricultural land in rural areas 7as defined in section #ebj of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adij772 7,b7 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 land2 7,c7 the specific work that the ,secretary has undertaken to monitor erroneous reporting required by the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja et seq47 that would result in a violation or civil penalty2 and 7,d7 the role of ,state and local government authorities in tracking foreign ownership of agricultural land in the ,united ,states4 7#b7 ,protection of information ,in carrying out paragraph 7#a71 the ,secretary shall establish a plan to ensure the protection of personally identifiable information4 7b7 ,report from the ,director of ,national ,intelligence on foreign ownership of agricultural land in the ,united ,states 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and once every #b years thereafter1 the ,director of ,national ,intelligence shall submit to the congressional recipients described in paragraph 7#b7 a report describing-- 7,a7 an analysis of foreign malign influence 7as defined in section #aai;,c7f7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjei7;f777 by covered persons that have foreign ownership in the ,united ,states agriculture industry2 and 7,b7 the primary motives1 as determined by the ,director of ,national ,intelligence1 of foreign investors to acquire agricultural land4 7#b7 ,congressional recipients described ,the report under paragraph 7#a7 shall be submitted to-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,b7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,financial ,services of the ,house of ,representatives2 7,f7 the ,committee on ,agriculture of the ,house of ,representatives2 7,g7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,h7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,i7 the majority leader of the ,senate2 7,j7 the minority leader of the ,senate2 7,k7 the ,speaker of the ,house of ,representatives2 and 7,l7 the minority leader of the ,house of ,representatives4 7#c7 ,classification ,the report under paragraph 7#a7 shall be submitted in an unclassified form1 but may include a classified annex4 7c7 ,government ,accountability ,office report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing-- 7#a7 a review of resources1 staffing1 and expertise for carrying out the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja et seq471 and enforcement issues limiting the effectiveness of that ,act2 and 7#b7 any recommended necessary changes to that ,act4