Sec. 2. Agricultural foreign investment
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Congress finds that— agriculture is vital for the national security and economic prosperity of the United States and is a key element of United States national power; agriculture of the United States feeds the people of the United States and the world, and has been a key contributor to advancements in technology and medicine; strategic competitors of the United States have hegemonic goals to dominate the global agriculture industry and undermine the United States agriculture sector through intellectual property theft of seeds and other patented agriculture-related technologies;
China in particular has increased agricultural investments tenfold over the past decade and continues to make investments in United States agriculture, agribusiness, and animal processing industries, including by acquiring ownership of farmland in the United States; the United States must prevent agricultural espionage and theft of intellectual property conducted by China and other foreign entities of concern (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 )); agricultural intellectual property theft may enable global competitors to undercut United States producers in international seed markets; the Federal Government does not fully exercise its authorized oversight over investment transactions within the agricultural industry, causing— United States farmland to be under foreign acquisition; and the influence of foreign adversaries on agriculture in the United States to be an unknown risk factor; and the Federal Government must enforce and modernize existing laws to monitor and prevent malign actions of foreign entities of concern (as defined in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3508 )) on the farms and land of the United States.
Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502 ) is amended— by redesignating subsection
(b)as subsection (d); in subsection (a), in the matter preceding paragraph (1), by striking
(a)If the and all that follows through Any such civil penalty in the third sentence and inserting the following: A person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the person— has failed to submit a report in accordance with the provisions of section 2; or has knowingly submitted a report under section 2 that— does not contain all the information required to be in such report; or contains information that is misleading or false. A civil penalty collected under subsection
(a)shall be available to the Secretary without appropriation and remain available until expended for the purpose of enforcing this Act. Any civil penalty imposed by the Secretary under subsection
(a); and in subsection
(d)(as so redesignated)— by striking the subsection designation and all that follows through The amount and inserting the following: The amount ; by striking of this section ; and by striking shall not exceed 25 percent and inserting shall be not less than 5 percent, but not more than 25 percent, . Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502 ) (as amended by subsection (b)) is amended by adding at the end the following: The Secretary shall publicly disclose the name of each person who paid to the Secretary a civil penalty imposed under subsection (a), including, if applicable, after the completion of an appeal of a civil penalty. . Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502 ) (as amended by subsection (c)) is amended by adding at the end the following: Using existing resources and efforts to the maximum extent practicable, the Secretary shall carry out a nationwide outreach program directed primarily towards landlords, owners, operators, persons, producers, and tenants (as those terms are defined in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Foreign Agricultural Restrictions to Maintain Local Agriculture and National Defense Act of 2025 )) of agricultural land and county property appraiser offices, land appraisal companies, and real estate auction companies to increase public awareness and provide education regarding the reporting requirements under this section. . The Agricultural Foreign Investment Disclosure Act of 1978 is amended by inserting after section 4 ( 7 U.S.C. 3503 ) the following: Any entity (including a buyer, seller, real estate agent, broker, and title company) involved in the purchase or transfer of agricultural land in the United States shall— conduct due diligence relating to the agriculture land being purchased or transferred; and certify to the Secretary that, to the best of the knowledge and belief of the entity, the entity is in compliance with all applicable provisions of this Act. .
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