Agricultural commodities export assessments and reports

(a)

Definitions

In this section:(1)

Covered export

(A)

In general

The term covered export means any agricultural commodity exported by the United States.(B)

Inclusions

The term covered export includes—(i)soybeans;(ii)corn;(iii)beef;(iv)chicken;(v)pork;(vi)tree nuts;(vii)sorghum;(viii)cotton; and(ix)dairy.(2)

Foreign adversary

The term foreign adversary means—(A)any foreign adversary (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c))); and(B)any foreign country identified by the Secretary pursuant to subsection (d).(3)

Nonadversarial

The term nonadversarial, with respect to a foreign country or a market, means, respectively—(A)that the foreign country is not a foreign adversary; and(B)that the market is located outside the jurisdiction of a foreign adversary.(4)

Secretary

The term Secretary means the Secretary of Agriculture.(b)

Annual assessment and report

On an annual basis, the Secretary, in coordination with the United States Trade Representative, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that—(1)identifies risks and vulnerabilities with respect to the existing access of the United States to covered export markets of foreign adversaries that pose a risk of exploiting such a market; and(2)contains an assessment of alternative markets to the markets described in paragraph (1).(c)

Contents

Each report under subsection (b) shall—(1)address the current and potential market access for each covered export that could be at risk of exploitation by a foreign adversary in the event of a trade disruption or military conflict;(2)contain recommendations of the Secretary, in coordination with the United States Trade Representative, the Secretary of Commerce, and the Secretary of State, to reduce the dependency of the United States on markets of foreign adversaries for covered exports;(3)identify alternative markets for increasing covered exports to nonadversarial countries; and(4)(A)describe, monitor changes over time in, and otherwise address potential risks posed by foreign adversaries to covered exports in nonadversarial markets; and(B)contain recommendations for—(i)methods to address the risks described in subparagraph (A); and(ii)the presence and activities of the United States, unrelated to covered exports, in nonadversarial countries for the purpose of understanding how covered export market and nonmarket presence and activities may limit or constrain the United States with respect to covered exports and related market access.(d)

Identification of foreign adversaries

At the discretion of the Secretary, for purposes of inclusion in an assessment under this section, the Secretary may identify as a foreign adversary any foreign country that the Secretary determines has engaged in a long-term pattern, or 1 or more serious instances, of conduct significantly adverse to—(1)the national security of the United States; or(2)the security and safety of residents of the United States.(e)

Collection, distribution, and protection of information

(1)

Voluntary basis

The Secretary may collect information as part of an assessment under this section, subject to the condition that any such collection from a private entity shall be conducted on a voluntary basis.(2)

Aggregate data

The Secretary, an officer or employee of the Department of Agriculture (or any agency thereof), or any other person shall not disclose to the public any information provided by a private entity for purposes of an assessment under this section, unless the information has been transformed into a statistical or aggregate form that does not allow the identification of the person that supplied any particular information.(3)

Confidentiality

The Secretary shall ensure that no report submitted under this section includes any information that is a trade secret or confidential information subject to—(A)section 552(b)(4) of title 5, United States Code; or(B)section 1905 of title 18, United States Code.(4)

Immunity from disclosure

Information provided to the Secretary as part of an assessment under this section—(A)shall be considered to be specifically exempted from disclosure under section 552(b)(3) of title 5, United States Code; and(B)shall not be used by the Secretary for any purpose other than to carry out this section.(f)

Termination of report

The Secretary shall terminate the preparation and submission of the report under this section on making a determination that all relevant covered export markets have become sufficiently diversified.