H. R. 513
IN THE HOUSE OF REPRESENTATIVES
January 25, 2023
Mr. Jackson of Texas (for himself, Ms. Spanberger, Mr. Vicente Gonzalez 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 jurisdiction of the committee concerned
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.
This Act may be cited as the
Foreign Adversary Risk Management Act or the
Congress finds the following:
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.
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.
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.
United States agriculture included in Committee on Foreign Investment in the United States
Section 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended—
by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and
by inserting after subparagraph (G) the following:
The Secretary of Agriculture.
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—
in subparagraph (A)—
in clause (i), by striking
; and and inserting a semicolon;
in clause (ii), by striking the period at the end and inserting
; and; and
by adding at the end the following:
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.
in subparagraph (B), by adding at the end the following:
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)).
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—
and inserting the following:
critical infrastructure means
by striking the period at the end and inserting
; and; and
by adding at the end the following:
includes, subject to regulations prescribed by the Committee, agricultural systems and supply chains.
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:
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)).
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 and annually thereafter, the Secretary of Agriculture and the Comptroller General of the United States shall each—
conduct an analysis of foreign influence in the United States agriculture industry; and
submit to Congress a report that includes a summary of—
foreign investments in the United States agriculture industry;
the potential for foreign investment to undermine United States agriculture production and agricultural supply chains;
the largest international threats for increased foreign control of, and investment in, the United States agriculture sector; and
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.