What This Bill Does
This bill amends a 1950 law about national defense production to protect American farming from foreign control. The bill treats agriculture and agricultural supply chains as important to national security and requires the federal government to monitor foreign investments in U.S. agriculture.
Who It Affects
The Secretary of Agriculture and the Comptroller General of the United States (the head official who oversees federal spending). U.S. businesses that grow or use agricultural products. Foreign companies or countries seeking to invest in or buy American agriculture businesses.
Key Provisions
• The Secretary of Agriculture joins a committee that reviews foreign investments in sensitive U.S. industries (Sec. 3(a)).
• Any deal where a foreign country or company could take control of a U.S. agriculture business must be reviewed by the government (Sec. 3(b)).
• Agricultural systems and supply chains are now classified as critical infrastructure, meaning the government views them as essential to national well-being (Sec. 3(c)).
• Agricultural supply chains used for farm products are classified as critical technologies that the government will protect (Sec. 3(d)).
• Within one year of this law passing, the Secretary of Agriculture and the Comptroller General must write a report to Congress about foreign investments in U.S. farming and potential threats (Sec. 4).
What Changes
If this becomes law, foreign attempts to invest in or purchase American farming operations will face government review. The government will also study foreign influence in American agriculture and report its findings to Congress within one year.
Important Definitions
Agricultural products: Not specified in bill text (bill refers to the definition in a 1926 law but does not restate it here).
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
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
JANUARY 25, 2023
Mr. TUBERVILLE (for himself, Mr. BRAUN, Mr. CRAMER, Mr. MARSHALL, Ms.
LUMMIS, Mr. SCOTT of 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,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Foreign Adversary
4
Risk Management Act’’ or the ‘‘FARM Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) United States agriculture and supply chains
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are critical to United States economic success and
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prosperity, and should each be classified as critical
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infrastructure and critical technologies.
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(2) Agriculture is the lifeblood that helps to
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feed United States families nationwide. As such,
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food security is a matter of national security and
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should be a top priority of the United States.
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(3) To prevent harm to the United States pub-
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lic health sector and to prevent disruption to the
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United States economy and food supply chains, the
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increasing influence foreign countries may have on
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the United States agriculture industry and agri-
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culture supply chains should be mitigated.
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SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COM-
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MITTEE ON FOREIGN INVESTMENT IN THE
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UNITED STATES.
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(a)
AGRICULTURE
REPRESENTATIVE.—Section
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721(k)(2) of the Defense Production Act of 1950 (50
21
U.S.C. 4565(k)(2)) is amended—
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(1) by redesignating subparagraphs (H), (I),
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and (J) as subparagraphs (I), (J), and (K), respec-
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tively; and
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(2) by inserting after subparagraph (G) the fol-
1
lowing:
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‘‘(H) The Secretary of Agriculture.’’.
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(b) REVIEW
OF AGRICULTURE INVESTMENTS
BY
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FOREIGN ENTITIES.—Section 721(a)(4) of the Defense
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Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend-
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ed—
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(1) in subparagraph (A)—
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(A) in clause (i), by striking ‘‘; and’’ and
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inserting a semicolon;
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(B) in clause (ii), by striking the period at
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the end and inserting ‘‘; and’’; and
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(C) by adding at the end the following:
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‘‘(iii) any transaction described in
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subparagraph (B)(vi) that is proposed,
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pending, or completed on or after the date
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of the enactment of the Foreign Adversary
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Risk Management Act.’’; and
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(2) in subparagraph (B), by adding at the end
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the following:
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‘‘(vi) Any transaction, merger, acqui-
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sition, transfer, agreement, takeover, or
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other arrangement that could result in for-
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eign control of any United States business
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that is engaged in agriculture and uses ag-
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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)).’’.
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(c) AGRICULTURAL SUPPLY CHAINS INCLUDED IN
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CRITICAL INFRASTRUCTURE.—Section 721(a)(5) of the
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Defense Production Act of 1950 (50 U.S.C. 4565(a)(5))
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is amended—
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(1) by striking ‘‘ ‘critical infrastructure’ means’’
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and inserting the following: ‘‘ ‘critical infrastruc-
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ture’—
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‘‘(A) means’’;
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(2) by striking the period at the end and insert-
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ing ‘‘; and’’; and
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(3) by adding at the end the following:
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‘‘(B) includes, subject to regulations pre-
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scribed by the Committee, agricultural systems
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and supply chains.’’.
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(d) AGRICULTURAL SUPPLY CHAINS INCLUDED AS
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CRITICAL TECHNOLOGIES.—Section 721(a)(6)(A) of the
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Defense
Production
Act
of
1950
(50
U.S.C.
20
4565(a)(6)(A)) is amended by adding at the end the fol-
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lowing:
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‘‘(vii) Agricultural supply chains used
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for agricultural products (as defined in the
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first section of the Act of July 2, 1926 (44
1
Stat. 802, chapter 725; 7 U.S.C. 451)).’’.
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SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUN-
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TRIES IN UNITED STATES AGRICULTURE IN-
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DUSTRY.
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Not later than one year after the date of the enact-
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ment of this Act, the Secretary of Agriculture and the
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Comptroller General of the United States shall each—
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(1) conduct an analysis of foreign influence in
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the United States agriculture industry; and
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(2) submit to Congress a report that includes a
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summary of—
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(A) foreign investments in the United
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States agriculture industry;
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(B) the potential for foreign investment to
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undermine United States agriculture production
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and agricultural supply chains;
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(C) the largest international threats for in-
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creased foreign control of, and investment in,
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the United States agriculture sector; and
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(D) agriculture-related espionage and theft
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techniques used by foreign governments, includ-
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ing any attempts to target United States agri-
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cultural intellectual property, innovation, re-
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search and development, cost or pricing data, or
1
internal strategy documents.
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