Sec. 12303. Investigative actions
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/bill/119/hr/7567/rh/section-12303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3503 ) is amended to read as follows: 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.
The Chief of Operations may serve in such position simultaneously with a concurrent position within the Department of Agriculture. The Secretary shall— provide classified storage, meeting, and other spaces, as necessary, for personnel of the Chief of Operations; and assist such personnel in obtaining security clearances. The Chief of Operations shall— monitor compliance with this Act; refer noncompliance with this Act to the Secretary, the Farm Service Agency, and any other appropriate authority; conduct investigations, in coordination with the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, the Department of the Treasury, the National Security Council, and State and local law enforcement agencies, on malign efforts— to steal agricultural knowledge and technology; or to disrupt the United States agricultural base; conduct an annual audit of the database developed under section 12304(b) of the Farm, Food, and National Security Act of 2026 ; seek to enter into memoranda of agreement and memoranda of understanding with the Federal agencies described in paragraph (3)— to ensure compliance with this Act; and to prevent the malign efforts described in that paragraph; refer to the Committee on Foreign Investment in the United States transactions that— raise potential national security concerns; and 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 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.
The Chief of Operations shall report to— the Secretary; or if delegated by the Secretary, to— the Administrator of the Farm Service Agency; or the Director of the Department of Agriculture Office of Homeland Security. . Section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 ) is amended— in the matter preceding paragraph (1), by striking For purposes of this Act— and inserting In this Act: ; in each of paragraphs
(1)through (6)— by striking the term and inserting The term ; and by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; in each of paragraphs
(1)through (4), by striking the semicolon and inserting a period; in paragraph (5), by striking ; and and inserting a period; by redesignating paragraphs
(2)through
(6)as paragraphs (3), (4), (6), (7), and (8), respectively; by inserting after paragraph
(1)the following: The term foreign entity of concern has the meaning given the term in section 9901 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 ). ; and by inserting after paragraph
(4)(as so redesignated) the following: 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. .
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