I
118THCONGRESS
1
STSESSION H. R. 513
To amend the Defense Production Act of 1950 to prevent harm and disrup-
tion to the United States agriculture industry by protecting against
foreign influence over agriculture production and supply chains, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY25, 2023
Mr. J
ACKSONof Texas (for himself, Ms. SPANBERGER, Mr. VICENTEGON-
ZALEZof Texas, Mr. SESSIONS, Mrs. MILLERof Illinois, Mr. NORMAN,
Ms. S
ALAZAR, Mr. CRAWFORD, Mrs. CAMMACK, Mr. HERN, Mr. BABIN,
Mr. P
FLUGER, Mr. ISSA, Mr. NUNNof Iowa, Mr. BAIRD, Mr. NEHLS,
Mr. J
OHNSONof South Dakota, Mr. STEWART, Mr. ZINKE, Mr. CLINE,
Mr. C
OSTA, Mr. GUEST, Mr. CARL, Mr. MOOREof Alabama, Mr. ROSE,
Mr. E
LLZEY, Mr. WEBERof Texas, Mrs. HINSON, Mr. FALLON, Mr.
M
OYLAN, Mr. PANETTA, Mr. FEENSTRA, Mr. FINSTAD, and Mr. KELLY
of Mississippi) introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To amend the Defense Production Act of 1950 to prevent
harm and disruption to the United States agriculture
industry by protecting against foreign influence over ag-
riculture production and supply chains, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
VerDate Sep 11 2014 23:39 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513
kjohnson on DSK79L0C42PROD with BILLS 2
•HR 513 IH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Foreign Adversary 2
Risk Management Act’’ or the ‘‘FARM Act’’. 3
SEC. 2. FINDINGS. 4
Congress finds the following: 5
(1) United States agriculture and supply chains 6
are critical to United States economic success and 7
prosperity, and should each be classified as critical 8
infrastructure and critical technologies. 9
(2) Agriculture is the lifeblood that helps to 10
feed United States families nationwide. As such, 11
food security is a matter of national security and 12
should be a top priority of the United States. 13
(3) To prevent harm to the United States pub-14
lic health sector and to prevent disruption to the 15
United States economy and food supply chains, the 16
increasing influence foreign countries may have on 17
the United States agriculture industry and agri-18
culture supply chains should be mitigated. 19
SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COM-20
MITTEE ON FOREIGN INVESTMENT IN THE 21
UNITED STATES. 22
(a) A
GRICULTURE REPRESENTATIVE.—Section 23
721(k)(2) of the Defense Production Act of 1950 (50 24
U.S.C. 4565(k)(2)) is amended— 25
VerDate Sep 11 2014 23:39 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513
kjohnson on DSK79L0C42PROD with BILLS 3
•HR 513 IH
(1) by redesignating subparagraphs (H), (I), 1
and (J) as subparagraphs (I), (J), and (K), respec-2
tively; and 3
(2) by inserting after subparagraph (G) the fol-4
lowing: 5
‘‘(H) The Secretary of Agriculture.’’. 6
(b) R
EVIEW OFAGRICULTUREINVESTMENTS BY 7
F
OREIGNENTITIES.—Section 721(a)(4) of the Defense 8
Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend-9
ed— 10
(1) in subparagraph (A)— 11
(A) in clause (i), by striking ‘‘; and’’ and 12
inserting a semicolon; 13
(B) in clause (ii), by striking the period at 14
the end and inserting ‘‘; and’’; and 15
(C) by adding at the end the following: 16
‘‘(iii) any transaction described in 17
subparagraph (B)(vi) that is proposed, 18
pending, or completed on or after the date 19
of the enactment of the Foreign Adversary 20
Risk Management Act.’’; and 21
(2) in subparagraph (B), by adding at the end 22
the following: 23
‘‘(vi) Any transaction, merger, acqui-24
sition, transfer, agreement, takeover, or 25
VerDate Sep 11 2014 23:39 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513
kjohnson on DSK79L0C42PROD with BILLS 4
•HR 513 IH
other arrangement that could result in for-1
eign control of any United States business 2
that is engaged in agriculture and uses ag-3
ricultural products (as defined in the first 4
section of the Act of July 2, 1926 (44 5
Stat. 802, chapter 725; 7 U.S.C. 451)).’’. 6
(c) A
GRICULTURALSUPPLYCHAINSINCLUDED IN 7
C
RITICALINFRASTRUCTURE.—Section 721(a)(5) of the 8
Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) 9
is amended— 10
(1) by striking ‘‘‘critical infrastructure’ means’’ 11
and inserting the following: ‘‘‘critical infrastruc-12
ture’— 13
‘‘(i) means’’; 14
(2) by striking the period at the end and insert-15
ing ‘‘; and’’; and 16
(3) by adding at the end the following: 17
‘‘(ii) includes, subject to regulations 18
prescribed by the Committee, agricultural 19
systems and supply chains.’’. 20
(d) A
GRICULTURALSUPPLYCHAINSINCLUDED AS 21
C
RITICALTECHNOLOGIES.—Section 721(a)(6)(A) of the 22
Defense Production Act of 1950 (50 U.S.C. 23
4565(a)(6)(A)) is amended by adding at the end the fol-24
lowing: 25
VerDate Sep 11 2014 23:39 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513
kjohnson on DSK79L0C42PROD with BILLS 5
•HR 513 IH
‘‘(vii) Agricultural supply chains used 1
for agricultural products (as defined in the 2
first section of the Act of July 2, 1926 (44 3
Stat. 802, chapter 725; 7 U.S.C. 451)).’’. 4
SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUN-5
TRIES IN UNITED STATES AGRICULTURE IN-6
DUSTRY. 7
Not later than one year after the date of the enact-8
ment of this Act and annually thereafter, the Secretary 9
of Agriculture and the Comptroller General of the United 10
States shall each— 11
(1) conduct an analysis of foreign influence in 12
the United States agriculture industry; and 13
(2) submit to Congress a report that includes a 14
summary of— 15
(A) foreign investments in the United 16
States agriculture industry; 17
(B) the potential for foreign investment to 18
undermine United States agriculture production 19
and agricultural supply chains; 20
(C) the largest international threats for in-21
creased foreign control of, and investment in, 22
the United States agriculture sector; and 23
(D) agriculture-related espionage and theft 24
techniques used by foreign governments, includ-25
VerDate Sep 11 2014 23:39 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H513.IH H513
kjohnson on DSK79L0C42PROD with BILLS 6
•HR 513 IH
ing any attempts to target United States agri-1
cultural intellectual property, innovation, re-2
search and development, cost or pricing data, or 3
internal strategy documents. 4
Æ
VerDate Sep 11 2014 23:39 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H513.IH H513
kjohnson on DSK79L0C42PROD with BILLS