[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 68 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 68
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 agriculture production and supply
chains, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Tuberville (for himself, Mr. Braun, Mr. Cramer, Mr. Marshall, Ms.
Lummis, Mr. Scott of Florida, and Mr. Hoeven) introduced the following
bill; which was read twice and referred to the Committee on Banking,
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 agriculture production and supply
chains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Adversary Risk Management
Act'' or the ``FARM Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States agriculture and supply chains are
critical to United States economic success and prosperity, and
should each be classified as critical infrastructure and
critical technologies.
(2) Agriculture is the lifeblood that helps to feed United
States families nationwide. As such, food security is a matter
of national security and should be a top priority of the United
States.
(3) To prevent harm to the United States public health
sector and to prevent disruption to the United States economy
and food supply chains, the increasing influence foreign
countries may have on the United States agriculture industry
and agriculture supply chains should be mitigated.
SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES.
(a) Agriculture Representative.--Section 721(k)(2) of the Defense
Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
(1) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(2) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture.''.
(b) Review of Agriculture Investments by Foreign Entities.--Section
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))
is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) any transaction described in
subparagraph (B)(vi) that is proposed, pending,
or completed on or after the date of the
enactment of the Foreign Adversary Risk
Management Act.''; and
(2) in subparagraph (B), by adding at the end the
following:
``(vi) Any transaction, merger,
acquisition, transfer, agreement, takeover, or
other arrangement that could result in foreign
control of any United States business that is
engaged in agriculture and uses agricultural
products (as defined in the first section of
the Act of July 2, 1926 (44 Stat. 802, chapter
725; 7 U.S.C. 451)).''.
(c) Agricultural Supply Chains Included in Critical
Infrastructure.--Section 721(a)(5) of the Defense Production Act of
1950 (50 U.S.C. 4565(a)(5)) is amended--
(1) by striking ```critical infrastructure' means'' and
inserting the following: ```critical infrastructure'--
``(A) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) includes, subject to regulations prescribed
by the Committee, agricultural systems and supply
chains.''.
(d) Agricultural Supply Chains Included as Critical Technologies.--
Section 721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6)(A)) is amended by adding at the end the following:
``(vii) Agricultural supply chains used for
agricultural products (as defined in the first
section of the Act of July 2, 1926 (44 Stat.
802, chapter 725; 7 U.S.C. 451)).''.
SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUNTRIES IN UNITED STATES
AGRICULTURE INDUSTRY.
Not later than one year after the date of the enactment of this
Act, the Secretary of Agriculture and the Comptroller General of the
United States shall each--
(1) conduct an analysis of foreign influence in the United
States agriculture industry; and
(2) submit to Congress a report that includes a summary
of--
(A) foreign investments in the United States
agriculture industry;
(B) the potential for foreign investment to
undermine United States agriculture production and
agricultural supply chains;
(C) the largest international threats for increased
foreign control of, and investment in, the United
States agriculture sector; and
(D) agriculture-related espionage and theft
techniques used by foreign governments, including any
attempts to target United States agricultural
intellectual property, innovation, research and
development, cost or pricing data, or internal strategy
documents.
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