Civil penalties

Section 4 of the Agricultural Foreign Investment Disclosure Act of 1978 (as redesignated by section 12201(b)(1)(A)) is amended to read as follows: 4. Civil penalties (a) Assessment (1) In general The Secretary shall assess against a person a civil penalty if the Secretary determines that the person has committed a violation of this Act by— (A) failing to submit a report required under section 3 in accordance with that section; (B) knowingly submitting a report under section 3 that— (i) does not contain all information required to appear in the report; or (ii) contains information that is misleading or false; or (C) failing to update any report submitted under section 3 that presents information that is no longer accurate. (2) Amount The amount of a civil penalty assessed under paragraph (1) shall be such amount as the Secretary determines to be appropriate to achieve the purposes of this Act, subject to the conditions that— (A) the amount determined for a violation described in subparagraph (A) or (C) of paragraph (1) shall not exceed 25 percent of the fair market value, on the date of the assessment, of the interest in agricultural land with respect to which the applicable violation occurred; and (B) the amount determined for a violation described in paragraph (1)(B) shall be not less than 5 percent, but not more than 25 percent, of the fair market value, on the date of the assessment, of the interest in agricultural land with respect to which the applicable violation occurred. (b) Collection A civil penalty assessed under subsection (a) shall be recoverable in a civil action brought by the Attorney General of the United States in a United States district court of competent jurisdiction. (c) Availability A civil penalty collected under this section shall be available to the Secretary, and remain available until expended, for the purpose of enforcing this Act. (d) Liens (1) In general On assessing a civil penalty under subsection (a), the Secretary may place a lien on the agricultural land with respect to which the violation that is the subject of the penalty occurred. (2) Release A lien placed pursuant to paragraph (1) shall be released only on payment of the applicable civil penalty. (e) Public disclosure of enforcement actions The Secretary shall include in the report required under section 9(a), and make publicly available, the following information: (1) The name of each person that paid to the Secretary a civil penalty assessed under subsection (a). (2) The amount of each civil penalty assessed under subsection (a), including, if applicable, any such penalty assessed after completion of an appeal of the penalty. (3) The reason for each civil penalty assessed under subsection (a), including whether the penalty was for a violation described in subparagraph (A), (B), or (C) of paragraph (1) of that subsection..