II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Adversary 

5 Risk Management Act’’ or the ‘‘FARM Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) United States agriculture and supply chains 

4 are critical to United States economic success and 

5 prosperity, and should each be classified as critical 

6 infrastructure and critical technologies. 

7 (2) Agriculture is the lifeblood that helps to 

8 feed United States families nationwide. As such, 

9 food security is a matter of national security and 

10 should be a top priority of the United States. 

11 (3) To prevent harm to the United States pub12 lic health sector and to prevent disruption to the 

13 United States economy and food supply chains, the 

14 increasing influence foreign countries may have on 

15 the United States agriculture industry and agri16 culture supply chains should be mitigated. 

17 SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COM18 MITTEE ON FOREIGN INVESTMENT IN THE 

19 UNITED STATES. 

20 (a) AGRICULTURE REPRESENTATIVE.—Section 

21 721(k)(2) of the Defense Production Act of 1950 (50 

22 U.S.C. 4565(k)(2)) is amended— 

23 (1) by redesignating subparagraphs (H), (I), 

24 and (J) as subparagraphs (I), (J), and (K), respec25 tively; and 


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1 (2) by inserting after subparagraph (G) the fol2 lowing: 

3 ‘‘(H) The Secretary of Agriculture.’’. 

4 (b) REVIEW OF AGRICULTURE INVESTMENTS BY

5 FOREIGN ENTITIES.—Section 721(a)(4) of the Defense 

6 Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend7 ed— 

8 (1) in subparagraph (A)— 

9 (A) in clause (i), by striking ‘‘; and’’ and 

10 inserting a semicolon; 

11 (B) in clause (ii), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(iii) any transaction described in 

15 subparagraph (B)(vi) that is proposed, 

16 pending, or completed on or after the date 

17 of the enactment of the Foreign Adversary 

18 Risk Management Act.’’; and 

19 (2) in subparagraph (B), by adding at the end 

20 the following: 

21 ‘‘(vi) Any transaction, merger, acqui22 sition, transfer, agreement, takeover, or 

23 other arrangement that could result in for24 eign control of any United States business 

25 that is engaged in agriculture and uses agVerDate Sep 11 2014 00:55 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68

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1 ricultural products (as defined in the first 

2 section of the Act of July 2, 1926 (44 

3 Stat. 802, chapter 725; 7 U.S.C. 451)).’’. 

4 (c) AGRICULTURAL SUPPLY CHAINS INCLUDED IN

5 CRITICAL INFRASTRUCTURE.—Section 721(a)(5) of the 

6 Defense Production Act of 1950 (50 U.S.C. 4565(a)(5)) 

7 is amended— 

8 (1) by striking ‘‘ ‘critical infrastructure’ means’’ 

9 and inserting the following: ‘‘ ‘critical infrastruc10 ture’— 

11 ‘‘(A) means’’; 

12 (2) by striking the period at the end and insert13 ing ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(B) includes, subject to regulations pre16 scribed by the Committee, agricultural systems 

17 and supply chains.’’. 

18 (d) AGRICULTURAL SUPPLY CHAINS INCLUDED AS

19 CRITICAL TECHNOLOGIES.—Section 721(a)(6)(A) of the 

20 Defense Production Act of 1950 (50 U.S.C. 

21 4565(a)(6)(A)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(vii) Agricultural supply chains used 

24 for agricultural products (as defined in the 


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1 first section of the Act of July 2, 1926 (44 

2 Stat. 802, chapter 725; 7 U.S.C. 451)).’’. 

3 SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUN4 TRIES IN UNITED STATES AGRICULTURE IN5 DUSTRY. 

6 Not later than one year after the date of the enact7 ment of this Act, the Secretary of Agriculture and the 

8 Comptroller General of the United States shall each— 

9 (1) conduct an analysis of foreign influence in 

10 the United States agriculture industry; and 

11 (2) submit to Congress a report that includes a 

12 summary of— 

13 (A) foreign investments in the United 

14 States agriculture industry; 

15 (B) the potential for foreign investment to 

16 undermine United States agriculture production 

17 and agricultural supply chains; 

18 (C) the largest international threats for in19 creased foreign control of, and investment in, 

20 the United States agriculture sector; and 

21 (D) agriculture-related espionage and theft 

22 techniques used by foreign governments, includ23 ing any attempts to target United States agri24 cultural intellectual property, innovation, reVerDate Sep 11 2014 00:55 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S68.IS S68

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1 search and development, cost or pricing data, or 

2 internal strategy documents. 

Æ 


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