WASHINGTON, D.C. — Following three high-profile and alarming arrests by FBI and Customs and Border Protection (CBP) agents of Chinese nationals who allegedly smuggled deadly plant pathogens into U.S. research facilities without authorization, Representatives Zach Nunn (IA-03) and Josh Riley (NY-19) today introduced the bipartisan Preventing Lethal Agricultural and National Threats (PLANT) Act. The bill creates a new criminal offense for knowingly and recklessly importing high-risk agricultural biological agents with increased penalties for individuals linked to foreign governments, like the Chinese Communist Party (CCP).
“Smuggling deadly pathogens isn’t just reckless – it’s a direct threat to Iowa’s farmers and the U.S. food supply,” said Rep. Nunn. “This incident is a stark reminder of the evolving threat from hostile foreign actors like the CCP, who target America’s critical infrastructure and undermine biosecurity. We must meet this threat head-on and I’m proud to lead this effort to make it clear that any attempt to weaponize U.S. agriculture will have serious consequences.”
For years, the CCP has sought to infiltrate, exploit, and undermine American agriculture. From intellectual property theft and using shell companies to purchase farmland near sensitive U.S. military installations to this most recent attempt to smuggle pathogens into U.S. research labs, the CCP has consistently targeted the very systems that feed Americans. Alarmingly, one pathogen intercepted, Fusarium graminearum, is known to cause “head blight” in wheat and corn and has been classified as a potential agroterrorism weapon by federal authorities.
“Foreign bad actors—like those tied to the CCP—shouldn’t be able to smuggle dangerous biological agents into our country,” said Rep. Riley. “The PLANT Actmakes sure they don’t. In Upstate New York, we grow the food that feeds this country—and we’re going to protect it. I’m proud to work across the aisle to keep our farms, our economy, and our country safe.”
One of the most high-profile examples occurred in 2011, when a Chinese national was charged with economic espionage after stealing proprietary seed samples from test fields in Iowa as a part of a broader, coordinated effort to exfiltrate cutting-edge seed technology and ship it to China. This case marked a turning point, exposing how foreign governments were deliberately targeting America’s agricultural innovation. Today, the threat is more dangerous and escalating from covert theft to active biological threats that could devastate crops, disrupt supply chains, and jeopardize our nation’s food security.
The PLANT Act ensures the law keeps pace with the growing sophistication of this threat by strengthening federal law to criminalize the reckless or intentional importation of high-risk biological agents without U.S. Department of Agriculture (USDA) authorization, and increases penalties for those who act on behalf of a foreign government. This legislation would enable law enforcement to act earlier and intervene before biological agents cause irreparable harm.
Specifically, the PLANT Act would:
- Establish a new federal crime for knowingly or recklessly importing high-risk agricultural pathogens without prior authorization from USDA, enabling law enforcement to intervene earlier in the process before a biological agent reaches American farms, labs, or food systems.
- Authorize penalties of up to 10 years in prison for standard violations, sending a clear deterrent message to those who seek to exploit gaps in agricultural biosecurity.
- Increase penalties of up to 20 years in prison if the offense causes more than $1 million in economic damage, involves intentional concealment of the material’s origin, or is conducted on behalf of, or in coordination with, a foreign government.
- Equip the Department of Justice (DOJ), USDA, and CBP with stronger legal tools to detect, disrupt, and prosecute agroterrorism and bio-crimes, preventing threats before they endanger America’s food supply and economy.
Bill text is available here.
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