Prohibition of participation in Farm Service Agency programs by foreign persons

(a) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress has the meaning given the term in section 3(a). (2) Foreign person The term foreign person has the meaning given the term in section 9 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508). (3) Operator The term operator has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) Owner The term owner has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Participant The term participant has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Secretary The term Secretary means the Secretary of Agriculture. (b) Limitation for foreign-Owned or operated land No operator or owner who is a foreign person may be a participant. (c) Compliance (1) In general The Secretary may take such actions as the Secretary considers necessary to monitor compliance with subsection (b). (2) Ownership certification The Secretary shall require any owner or operator applying to be a participant to certify in the application that the owner or operator is not a foreign person. (3) Civil penalty (A) In general A foreign person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the foreign person— (i) has received benefits prohibited under subsection (b); or (ii) has knowingly submitted a request for those benefits that contains information that is misleading or false. (B) Civil action A civil penalty imposed by the Secretary under subparagraph (A) shall be recoverable in a civil action brought by the Attorney General in an appropriate district court of the United States. (C) Amount The amount of a civil penalty imposed by the Secretary under subparagraph (A)— (i) shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this section; but (ii) shall not exceed 125 percent of the monetary benefits provided to the foreign person in participating in the 1 or more programs of the Farm Service Agency in which participation is prohibited under subsection (b). (D) Use of civil penalties Penalties collected under this paragraph shall be available to the Secretary, without further appropriation and until expended, for the purpose of enforcing this section. (4) Use of information For the purpose of monitoring compliance under this subsection, the Secretary shall use information— (A) collected by the Secretary under the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.); and (B) from the FSA–153 form submitted to the Farm Service Agency. (d) Report The Secretary shall submit to the appropriate committees of Congress, on an annual basis, a report containing the following information: (1) A description of violations of subsection (b) during the year covered by the report. (2) An itemized list of savings for each program administered by the Farm Service Agency during the year covered by the report as a result of subsection (b). (3) A description of compliance actions taken by the Secretary under subsection (c) during the year covered by the report. (4) An itemized list of civil penalties imposed on foreign persons under subsection (c)(3) during the year covered by the report. (5) Such other information on enforcement under this section, compliance with this section, and the benefits of this section as the Secretary determines to be necessary.