What This Bill Does
This bill changes federal law to protect American agriculture from foreign control. It requires the Secretary of Agriculture to participate in reviews of foreign investments that could result in foreign control of U.S. agriculture businesses. The bill also requires the Secretary of Agriculture and the Comptroller General to report annually to Congress about foreign influence in American agriculture.
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Who It Affects
- The Secretary of Agriculture
- U.S. agriculture businesses and farms
- Foreign companies seeking to invest in or acquire U.S. agriculture businesses
- Congress
- The Comptroller General (the head of an office that investigates federal spending)
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Key Provisions
- The Secretary of Agriculture joins a committee that reviews whether foreign companies can control U.S. businesses involved in agriculture (Sec. 3(a))
- Foreign transactions involving agriculture businesses must be reviewed by this committee, including any deals proposed, pending or completed after this law takes effect (Sec. 3(b))
- Agricultural systems and supply chains are now considered critical infrastructure (Sec. 3(c))
- Agricultural supply chains used for farm products are now considered critical technologies (Sec. 3(d))
- Within one year and every year after, the Secretary of Agriculture and Comptroller General must report to Congress about foreign investments in U.S. agriculture, threats to agriculture production, and foreign espionage attempts targeting agriculture (Sec. 4)
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What Changes
If this becomes law, foreign investment in U.S. agriculture businesses will face additional federal review and oversight. The Secretary of Agriculture will have a role in approving or blocking foreign acquisitions of agriculture companies. Congress will receive annual reports detailing foreign investment activities and threats to American agriculture.
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Important Definitions
- **Agricultural products**: Not specified in bill text
- **Critical infrastructure**: Includes agricultural systems and supply chains, subject to regulations set by the committee (Sec. 3(c))
- **Critical technologies**: Includes agricultural supply chains used for farm products (Sec. 3(d))
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
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
JANUARY 25, 2023
Mr. JACKSON of Texas (for himself, Ms. SPANBERGER, Mr. VICENTE GON-
ZALEZ of Texas, Mr. SESSIONS, Mrs. MILLER of Illinois, Mr. NORMAN,
Ms. SALAZAR, Mr. CRAWFORD, Mrs. CAMMACK, Mr. HERN, Mr. BABIN,
Mr. PFLUGER, Mr. ISSA, Mr. NUNN of Iowa, Mr. BAIRD, Mr. NEHLS,
Mr. JOHNSON of South Dakota, Mr. STEWART, Mr. ZINKE, Mr. CLINE,
Mr. COSTA, Mr. GUEST, Mr. CARL, Mr. MOORE of Alabama, Mr. ROSE,
Mr. ELLZEY, Mr. WEBER of Texas, Mrs. HINSON, Mr. FALLON, Mr.
MOYLAN, 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,
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•HR 513 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Foreign Adversary
2
Risk Management Act’’ or the ‘‘FARM Act’’.
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SEC. 2. FINDINGS.
4
Congress finds the following:
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(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.
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(3) To prevent harm to the United States pub-
14
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-
18
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
21
UNITED STATES.
22
(a)
AGRICULTURE
REPRESENTATIVE.—Section
23
721(k)(2) of the Defense Production Act of 1950 (50
24
U.S.C. 4565(k)(2)) is amended—
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•HR 513 IH
(1) by redesignating subparagraphs (H), (I),
1
and (J) as subparagraphs (I), (J), and (K), respec-
2
tively; and
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(2) by inserting after subparagraph (G) the fol-
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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
8
Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend-
9
ed—
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(1) in subparagraph (A)—
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(A) in clause (i), by striking ‘‘; and’’ and
12
inserting a semicolon;
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(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:
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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
19
of the enactment of the Foreign Adversary
20
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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•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)).’’.
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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-
12
ture’—
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‘‘(i) means’’;
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(2) by striking the period at the end and insert-
15
ing ‘‘; and’’; and
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(3) by adding at the end the following:
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‘‘(ii) includes, subject to regulations
18
prescribed by the Committee, agricultural
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systems 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.
23
4565(a)(6)(A)) is amended by adding at the end the fol-
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lowing:
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•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)).’’.
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SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUN-
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TRIES IN UNITED STATES AGRICULTURE IN-
6
DUSTRY.
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Not later than one year after the date of the enact-
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ment of this Act and annually thereafter, the Secretary
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of Agriculture and the Comptroller General of the United
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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
19
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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•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
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