II
118THCONGRESS
1
STSESSION S. 68
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 SENATE OF THE UNITED STATES
JANUARY25, 2023
Mr. T
UBERVILLE(for himself, Mr. BRAUN, Mr. CRAMER, Mr. MARSHALL, Ms.
L
UMMIS, Mr. SCOTTof Florida, and Mr. HOEVEN) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Bank-
ing, Housing, and Urban Affairs
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
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Foreign Adversary 4
Risk Management Act’’ or the ‘‘FARM Act’’. 5
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SEC. 2. FINDINGS. 1
Congress finds the following: 2
(1) United States agriculture and supply chains 3
are critical to United States economic success and 4
prosperity, and should each be classified as critical 5
infrastructure and critical technologies. 6
(2) Agriculture is the lifeblood that helps to 7
feed United States families nationwide. As such, 8
food security is a matter of national security and 9
should be a top priority of the United States. 10
(3) To prevent harm to the United States pub-11
lic health sector and to prevent disruption to the 12
United States economy and food supply chains, the 13
increasing influence foreign countries may have on 14
the United States agriculture industry and agri-15
culture supply chains should be mitigated. 16
SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COM-17
MITTEE ON FOREIGN INVESTMENT IN THE 18
UNITED STATES. 19
(a) A
GRICULTURE REPRESENTATIVE.—Section 20
721(k)(2) of the Defense Production Act of 1950 (50 21
U.S.C. 4565(k)(2)) is amended— 22
(1) by redesignating subparagraphs (H), (I), 23
and (J) as subparagraphs (I), (J), and (K), respec-24
tively; and 25
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(2) by inserting after subparagraph (G) the fol-1
lowing: 2
‘‘(H) The Secretary of Agriculture.’’. 3
(b) R
EVIEW OFAGRICULTUREINVESTMENTS BY 4
F
OREIGNENTITIES.—Section 721(a)(4) of the Defense 5
Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend-6
ed— 7
(1) in subparagraph (A)— 8
(A) in clause (i), by striking ‘‘; and’’ and 9
inserting a semicolon; 10
(B) in clause (ii), by striking the period at 11
the end and inserting ‘‘; and’’; and 12
(C) by adding at the end the following: 13
‘‘(iii) any transaction described in 14
subparagraph (B)(vi) that is proposed, 15
pending, or completed on or after the date 16
of the enactment of the Foreign Adversary 17
Risk Management Act.’’; and 18
(2) in subparagraph (B), by adding at the end 19
the following: 20
‘‘(vi) Any transaction, merger, acqui-21
sition, transfer, agreement, takeover, or 22
other arrangement that could result in for-23
eign control of any United States business 24
that is engaged in agriculture and uses ag-25
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ricultural products (as defined in the first 1
section of the Act of July 2, 1926 (44 2
Stat. 802, chapter 725; 7 U.S.C. 451)).’’. 3
(c) A
GRICULTURALSUPPLYCHAINSINCLUDED IN 4
C
RITICALINFRASTRUCTURE.—Section 721(a)(5) of the 5
Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) 6
is amended— 7
(1) by striking ‘‘‘critical infrastructure’ means’’ 8
and inserting the following: ‘‘‘critical infrastruc-9
ture’— 10
‘‘(A) means’’; 11
(2) by striking the period at the end and insert-12
ing ‘‘; and’’; and 13
(3) by adding at the end the following: 14
‘‘(B) includes, subject to regulations pre-15
scribed by the Committee, agricultural systems 16
and supply chains.’’. 17
(d) A
GRICULTURALSUPPLYCHAINSINCLUDED AS 18
C
RITICALTECHNOLOGIES.—Section 721(a)(6)(A) of the 19
Defense Production Act of 1950 (50 U.S.C. 20
4565(a)(6)(A)) is amended by adding at the end the fol-21
lowing: 22
‘‘(vii) Agricultural supply chains used 23
for agricultural products (as defined in the 24
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first section of the Act of July 2, 1926 (44 1
Stat. 802, chapter 725; 7 U.S.C. 451)).’’. 2
SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUN-3
TRIES IN UNITED STATES AGRICULTURE IN-4
DUSTRY. 5
Not later than one year after the date of the enact-6
ment of this Act, the Secretary of Agriculture and the 7
Comptroller General of the United States shall each— 8
(1) conduct an analysis of foreign influence in 9
the United States agriculture industry; and 10
(2) submit to Congress a report that includes a 11
summary of— 12
(A) foreign investments in the United 13
States agriculture industry; 14
(B) the potential for foreign investment to 15
undermine United States agriculture production 16
and agricultural supply chains; 17
(C) the largest international threats for in-18
creased foreign control of, and investment in, 19
the United States agriculture sector; and 20
(D) agriculture-related espionage and theft 21
techniques used by foreign governments, includ-22
ing any attempts to target United States agri-23
cultural intellectual property, innovation, re-24
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search and development, cost or pricing data, or 1
internal strategy documents. 2
Æ
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