7 U.S.C. § 3505 — Reports to the States

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.) Page 1664 TITLE 7—AGRICULTURE § 3506 Editorial Notes REFERENCES IN TEXT For the effective date of section 3501 of this title, re- ferred to in text, see section 10(b) of Pub. L. 95–460, set out as an Effective Date note under section 3501 of this title. § 3506. Public inspection Any report submitted to the Secretary under section 3501 of this title shall be available for public inspection at the Department of Agri- culture located in the District of Columbia not later than 10 days after the date on which such report is received by the Secretary. (Pub. L. 95–460, § 7, Oct. 14, 1978, 92 Stat. 1266.) § 3507. Regulations Not later than 90 days after October 14, 1978, the Secretary shall prescribe regulations for purposes of carrying out the provisions of this chapter. (Pub. L. 95–460, § 8, Oct. 14, 1978, 92 Stat. 1266.) § 3508. Definitions For purposes of this chapter— (1) the term ‘‘agricultural land’’ means any land located in one or more States and used for agricultural, forestry, or timber produc- tion purposes as determined by the Secretary under regulations to be prescribed by the Sec- retary; (2) the term ‘‘foreign government’’ means any government other than the Federal Gov- ernment or any government of a State or a po- litical subdivision of a State; (3) the term ‘‘foreign person’’ means— (A) any individual— (i) who is not a citizen or national of the United States; (ii) who is not a citizen of the Northern Mariana Islands or the Trust Territory of the Pacific Islands; or (iii) who is not lawfully admitted to the United States for permanent residence, or paroled into the United States, under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; (B) any person, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business lo- cated outside of all the States; (C) any person, other than an individual or a government— (i) which is created or organized under the laws of any State; and (ii) in which, as determined by the Sec- retary under regulations which the Sec- retary shall prescribe, a significant inter- est or substantial control is directly or in- directly held— (I) by any individual referred to in sub- paragraph (A); (II) by any person referred to in sub- paragraph (B); (III) by any foreign government; or (IV) by any combination of such indi- viduals, persons, or governments; and (D) any foreign government; (4) the term ‘‘person’’ includes any indi- vidual, corporation, company, association, firm, partnership, society, joint stock com- pany, trust, estate, or any other legal entity; (5) the term ‘‘Secretary’’ means the Sec- retary of Agriculture; and (6) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other territory or pos- session of the United States. (Pub. L. 95–460, § 9, Oct. 14, 1978, 92 Stat. 1266.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in par. (3)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. CHAPTER 67—IMPLEMENTATION OF INTERNATIONAL SUGAR AGREEMENT, 1977 Sec. 3601. Definitions. 3602. Implementation of Agreement. 3603. Delegation of powers and duties. 3604. Criminal offenses. 3605, 3606. Repealed. § 3601. Definitions For purposes of this chapter— (1) The term ‘‘Agreement’’ means the Inter- national Sugar Agreement, 1977, signed at New York City on December 9, 1977. (2) The term ‘‘sugar’’ has the same meaning as is given to such term in paragraph (12) of Article 2 of the Agreement. (3) The term ‘‘entry’’ means entry, or with- drawal from warehouse, for consumption in the customs territory of the United States. (Pub. L. 96–236, § 1, Apr. 22, 1980, 94 Stat. 336.) § 3602. Implementation of Agreement On and after the entering into force of the Agreement with respect to the United States, and for such period before January 1, 1985, as the Agreement remains in force, the President may, in order to carry out and enforce the provisions of the Agreement— (1) regulate the entry of sugar by appro- priate means, including, but not limited to— (A) the imposition of limitations on the entry of sugar which is the product of for- eign countries, territories, or areas not members of the International Sugar Organi- zation, and