Agricultural foreign investment disclosure improvements

(a) Definitions In this section: (1) AFIDA The term AFIDA means the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.). (2) FPAC–BC The term FPAC–BC means the Farm Production and Conservation Business Center of the Department of Agriculture. (b) MOU with CFIUS Not later than 1 year after the date of enactment of this Act, 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 the Committee with all relevant information relating to reports on foreign ownership of United States agricultural land submitted to the Secretary under section 2 of AFIDA (7 U.S.C. 3501), including information on— (1) each report submitted to the Secretary; and (2) with respect to each such report, the identity of the foreign persons included in the report and the date of submission. (c) AFIDA handbook updates (1) First update Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) update the most recent version of the Farm Service Agency handbook titled Foreign Investment Disclosure as determined necessary by the Secretary for the effective implementation of AFIDA; and (B) incorporate in such update the recommendations made by the report of the Government Accountability Office titled 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. (2) Subsequent updates After updating the handbook described in subparagraph (A) of paragraph (1) under that paragraph, the Secretary shall carry out an update of that handbook every 10 years thereafter, including by incorporating any recommendations of the Government Accountability Office. (d) Civil penalties Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended— (1) by redesignating subsection (b) as subsection (c); (2) in subsection (a), in the matter preceding paragraph (1), by striking (a) If the and all that follows through Any such civil penalty shall be recoverable and inserting the following: (a) In general A person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the person— (1) has failed to submit a report in accordance with the provisions of section 2; or (2) has knowingly submitted a report under section 2 that— (A) does not contain all the information required to be in such report; or (B) contains information that is misleading or false. (b) Civil action Any civil penalty imposed by the Secretary under subsection (a) shall be recoverable; and (3) in subsection (c) (as so redesignated)— (A) by striking the subsection designation and all that follows through The amount and inserting the following: (c) Amount of penalty The amount; (B) by striking of this section; and (C) by striking shall not exceed 25 percent and inserting for violations under subsection (a)(1) shall not exceed 25 percent, and for violations under subsection (a)(2) shall be not less than 5 percent, but not more than 25 percent,. (e) Public disclosure of enforcement actions 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: (d) Public disclosure of enforcement actions 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.. (f) Publication of reporting requirements 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: (e) Outreach Using existing resources and efforts to the maximum extent practicable, the Secretary shall carry out a nationwide outreach program directed primarily toward landlords, operators, owners, 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 Farm, Food, and National Security Act of 2026)) 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 Act..

(a) Definitions In this section: (1) AFIDA The term AFIDA means the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.). (2) FPAC–BC The term FPAC–BC means the Farm Production and Conservation Business Center of the Department of Agriculture. (b) MOU with CFIUS Not later than 1 year after the date of enactment of this Act, 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 the Committee with all relevant information relating to reports on foreign ownership of United States agricultural land submitted to the Secretary under section 2 of AFIDA (7 U.S.C. 3501), including information on— (1) each report submitted to the Secretary; and (2) with respect to each such report, the identity of the foreign persons included in the report and the date of submission. (c) AFIDA handbook updates (1) First update Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) update the most recent version of the Farm Service Agency handbook titled Foreign Investment Disclosure as determined necessary by the Secretary for the effective implementation of AFIDA; and (B) incorporate in such update the recommendations made by the report of the Government Accountability Office titled 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. (2) Subsequent updates After updating the handbook described in subparagraph (A) of paragraph (1) under that paragraph, the Secretary shall carry out an update of that handbook every 10 years thereafter, including by incorporating any recommendations of the Government Accountability Office. (d) Civil penalties Section 3 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3502) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by striking the section designation and heading and all that follows through Any such civil penalty shall be recoverable and inserting the following: 3. Civil penalties (a) In general A person shall be subject to a civil penalty imposed by the Secretary if the Secretary determines that the person— (1) has failed to submit a report in accordance with the provisions of section 2; or (2) has knowingly submitted a report under section 2 that— (A) does not contain all the information required to be in such report; or (B) contains information that is misleading or false. (b) Civil action Any civil penalty imposed by the Secretary under subsection (a) shall be recoverable; and (3) in subsection (c) (as so redesignated)— (A) by striking the subsection designation and all that follows through The amount and inserting the following: (c) Amount of penalty The amount; (B) by striking of this section; and (C) by striking shall not exceed 25 percent and inserting for violations under subsection (a)(1) shall not exceed 25 percent, and for violations under subsection (a)(2) shall be not less than 5 percent, but not more than 25 percent,. (e) Public disclosure of enforcement actions 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: (d) Public disclosure of enforcement actions 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.. (f) Publication of reporting requirements 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: (e) Outreach Using existing resources and efforts to the maximum extent practicable, the Secretary shall carry out a nationwide outreach program directed primarily toward landlords, operators, owners, 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 Farm, Food, and National Security Act of 2026)) 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 Act..