7 U.S.C. § 3501 — Reporting requirements

Page 1661 TITLE 7—AGRICULTURE § 3501 shall certify any organization which the Sec- retary finds to be eligible under this section and the Secretary’s determination as to eligibility shall be final. Certification shall be based, in ad- dition to other available information, upon a factual report submitted by the organization which shall contain information deemed rel- evant and specified by the Secretary for the making of such determination, including, but not limited to, the following: (a) geographic territory covered by the orga- nization’s active membership, (b) nature and size of the organization’s ac- tive membership, including, in the case of an organization other than a consumer organiza- tion, the proportion of the total number of ac- tive wheat producers, processors, or end prod- uct manufacturers represented by the organi- zation, (c) evidence of stability and permanency of the organization, (d) sources from which the organization’s op- erating funds are derived, (e) functions of the organization, and (f) the organization’s ability and willingness to further the aims and objectives of this title: Provided, That the primary consideration in determining the eligibility of an organization, other than a consumer organization, shall be whether its membership consists primarily of wheat producers, processors, or end product manufacturers who produce a substantial vol- ume of wheat, processed wheat, or end prod- ucts, respectively, and whether the organiza- tion is based on a primary or overriding inter- est in the production, processing, or end man- ufacture of wheat or wheat products, and the nutritional attributes thereof: Provided fur- ther, That the primary consideration in deter- mining the eligibility of a consumer organiza- tion shall be whether (1) a principal purpose of the organization is to promote consumer in- terests, consumer research, or consumer edu- cation, (2) such organization has a broadly rep- resentative constituency of consumers, with active membership participation on a regular basis, and (3) the organization has dem- onstrated to the Secretary’s satisfaction its commitment to the achievement of the objec- tives of this chapter. (Pub. L. 95–113, title XVII, § 1714, Sept. 29, 1977, 91 Stat. 1039.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3414. Other programs relating to wheat or wheat food research or nutrition education Nothing in this chapter shall be construed to preempt or interfere with the workings of any other program relating to wheat or wheat foods research or nutrition education organized and operating under the laws of the United States or any State. (Pub. L. 95–113, title XVII, § 1715, Sept. 29, 1977, 91 Stat. 1040.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3415. Regulations The Secretary is authorized to issue such reg- ulations as may be necessary to carry out the provisions of this chapter. (Pub. L. 95–113, title XVII, § 1716, Sept. 29, 1977, 91 Stat. 1040.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3416. Amendments to orders The provisions of this chapter applicable to or- ders shall be applicable to amendments to or- ders. (Pub. L. 95–113, title XVII, § 1717, Sept. 29, 1977, 91 Stat. 1040.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. § 3417. Authorization of appropriations There are hereby authorized to be appro- priated out of any money in the Treasury not otherwise appropriated such funds as are nec- essary to carry out the provisions of this chap- ter. The funds so appropriated shall not be avail- able for payment of the expenses or expenditures of the Council in administering any provisions of any order issued pursuant to the terms of this chapter. (Pub. L. 95–113, title XVII, § 1719, Sept. 29, 1977, 91 Stat. 1040.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as an Effective Date of 1977 Amend- ment note under section 1307 of this title. CHAPTER 66—AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE Sec. 3501. Reporting requirements. 3502. Civil penalty. 3503. Investigative actions. 3504. Repealed. 3505. Reports to the States. 3506. Public inspection. 3507. Regulations. 3508. Definitions. § 3501. Reporting requirements (a) Acquisitions or transfers of certain agricul- tural land interests by foreign persons Any foreign person who acquires or transfers any interest, other than a security interest, in Page 1662 TITLE 7—AGRICULTURE § 3501 agricultural land shall submit a report to the Secretary of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Sec- retary may require and shall contain— (1) the legal name and the address of such foreign person; (2) in any case in which such foreign person is an individual, the citizenship of such foreign person; (3) in any case in which such foreign person is not an individual or a government, the na- ture of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person; (4) the type of interest in agricultural land which such foreign person acquired or trans- ferred; (5) the legal description and acreage of such agricultural land; (6) the purchase price paid for, or any other consideration given for, such interest; (7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and— (A) in any case in which such transferee is an individual, the citizenship of such trans- feree; and (B) in any case in which such transferee is not an individual or a government, the na- ture of the legal entity holding the interest, the country in which such transferee is cre- ated or organized, and the principal place of business of such transferee; (8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agricultural land; and (9) such other information as the Secretary may require by regulation. (b) Agricultural land interests presently held by foreign persons Any foreign person who holds any interest, other than a security interest, in agricultural land on the day before the effective date of this section shall submit a report to the Secretary not later than 180 days after such effective date. Such report shall be submitted in such form and in accordance with such procedures as the Sec- retary may require and shall contain— (1) the legal name and the address of such foreign person; (2) in any case in which such foreign person is an individual, the citizenship of such foreign person; (3) in any case in which such foreign person is not an individual or a government, the na- ture of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person; (4) the type of interest in agricultural land which is held by such foreign person; (5) the legal description and acreage of such agricultural land; (6) the purchase price paid for, or any other consideration given for, such interest; (7) the agricultural purposes for which such foreign person— (A) is using such agricultural land on the date on which such report is submitted to the Secretary; and (B) intends, as of such date, to use such ag- ricultural land; and (8) such other information as the Secretary may require by regulation. (c) Change in foreign person status of interest holders Any person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in agricultural land at a time when such person is not a foreign person and who subsequently becomes a foreign person shall submit a report to the Secretary not later than 90 days after the date on which such person becomes a foreign person. Such re- port shall be submitted in such form and in ac- cordance with such procedures as the Secretary may require and shall contain the information required by subsection (b) of this section. This subsection shall not apply with respect to any person who is required to submit a report with respect to such land under subsection (b) of this section. (d) Conversion of land to agricultural uses Any foreign person who holds or acquires (on or after the effective date of this section) any interest, other than a security interest, in land at a time when such land is not agricultural land and such land subsequently becomes agri- cultural land shall submit a report to the Sec- retary not later than 90 days after the date on which such land becomes agricultural land. Such report shall be submitted in such form and in accordance with such procedures as the Sec- retary may require and shall contain the infor- mation required by subsection (b) of this sec- tion. This subsection shall not apply with re- spect to any person who is required to submit a report with respect to such land under sub- section (b) of this section. (e) Additional reports by foreign persons other than individuals or governments With respect to any foreign person, other than an individual or a government, who is required by subsection (a), (b), (c), or (d) of this section to submit a report, the Secretary may, in addi- tion, require such foreign person to submit to the Secretary a report containing— (A) the legal name and the address of each person who holds any interest in such foreign person; (B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and (C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the in- terest, the country in which such holder is cre- ated or organized, and the principal place of business of such holder. (f) Persons holding interests under subsection (e) With respect to any person, other than an in- dividual or a government, whose legal name is Page 1663 TITLE 7—AGRICULTURE § 3505 1 So in original. Probably should be ‘‘principal’’. contained in any report submitted under sub- section (e) of the section, the Secretary may re- quire such person to submit to the Secretary a report containing— (A) the legal name and the address of any person who holds any interest in the person submitting the report under this subsection; (B) in any case in which the holder of such interest is an individual, the citizenship of such holder; and (C) in any case in which the holder of such interest is not an individual or a government, the nature of the legal entity holding the in- terest, the country in which such holder is cre- ated or organized, and the principle 1 place of business of such holder. (Pub. L. 95–460, § 2, Oct. 14, 1978, 92 Stat. 1263.) Editorial Notes REFERENCES IN TEXT For the effective date of this section, referred to in subsecs. (b) to (d), see section 10(b) of Pub. L. 95–460, set out as an Effective Date note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–460, § 10, Oct. 14, 1978, 92 Stat. 1267, provided that: ‘‘(a) Except as provided in subsection (b) of this sec- tion, this Act [enacting this chapter] shall become ef- fective on the date of the enactment of this Act [Oct. 14, 1978]. ‘‘(b) Section 2 [section 3501 of this title] shall become effective on the date on which regulations prescribed by the Secretary under section 8 [section 3507 of this title] become effective.’’ SHORT TITLE Pub. L. 95–460, § 1, Oct. 14, 1978, 92 Stat. 1263, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Agricultural Foreign Investment Disclosure Act of 1978’.’’ REPORT TO CONGRESS ON FOREIGN INVESTMENTS IN AGRICULTURAL LAND IN THE UNITED STATES Pub. L. 118–42, div. B, title VII, § 742, Mar. 9, 2024, 138 Stat. 111, provided that: ‘‘The Secretary, as part of the report on foreign landholding required under the Agri- cultural Foreign Investment Disclosure Act (Public Law 95–460), shall report to Congress on foreign invest- ments in agricultural land in the United States, includ- ing the impact foreign ownership has on family farms, rural communities, and the domestic food supply: Pro- vided, That within 2 years after the enactment of this Act [Mar. 9, 2024], the Secretary shall establish a streamlined process for electronic submission and re- tention of disclosures made under the Agricultural For- eign Investment Disclosure Act [of 1978, 7 U.S.C. 3501 et seq.], including an internet database that contains disaggregated data from each disclosure submitted: Provided further, That all prior year disclosures of for- eign investments in agricultural land in the United States are published in the database: Provided further, That the plan includes a process to ensure the protec- tion of personally identifiable information and that all disclosures of foreign investments in agricultural land on the USDA website be disaggregated by: (1) in any case in which such foreign person is an individual, the citizenship of such foreign person; and (2) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of busi- ness of such foreign person.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 117–328, div. A, title VII, § 773, Dec. 29, 2022, 136 Stat. 4509. § 3502. Civil penalty (a) If the Secretary determines that a person— (1) has failed to submit a report in accord- ance with the provisions of section 3501 of this title, or (2) has knowingly submitted a report under section 3501 of this title— (A) which does not contain all the infor- mation required to be in such report, or (B) which contains information that is misleading or false, such person shall be subject to a civil penalty imposed by the Secretary. The amount of any such civil penalty shall be determined in ac- cordance with the provisions of subsection (b) of this section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General of the United States in an appropriate district court of the United States. (b) The amount of any civil penalty imposed by the Secretary under subsection (a) of this section shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this chapter, except that such amount shall not exceed 25 percent of the fair market value, on the date of the assessment of such penalty, of the interest in agricultural land with respect to which such violation occurred. (Pub. L. 95–460, § 3, Oct. 14, 1978, 92 Stat. 1265.) § 3503. Investigative actions The Secretary may take such actions as the Secretary considers necessary to monitor com- pliance with the provisions of this chapter and to determine whether the information contained in any report submitted under section 3501 of this title accurately and fully reveals the owner- ship interest of all foreign persons in any for- eign person who is required to submit a report under such section. (Pub. L. 95–460, § 4, Oct. 14, 1978, 92 Stat. 1265.) § 3504. Repealed. Pub. L. 105–362, title I, § 101(f), Nov. 10, 1998, 112 Stat. 3281 Section, Pub. L. 95–460, § 5, Oct. 14, 1978, 92 Stat. 1265; Pub. L. 104–66, title I, § 1012(g), Dec. 21, 1995, 109 Stat. 712, provided for reports to Congress and the President. § 3505. Reports to the States Not later than 30 days after the end of each 6- month period beginning after the effective date of section 3501 of this title, the Secretary shall transmit to each State department of agri- culture, or such other appropriate State agency as the Secretary considers advisable, a copy of each report which was submitted to the Sec- retary under section 3501 of this title during such 6-month period and which involved agricul- tural land located in such State. (Pub. L. 95–460, § 6, Oct. 14, 1978, 92 Stat. 1266.)