by Pat Roberts, former U.S. Senator from Kansas and Chairman of the Senate Committee on Agriculture, Nutrition & Forestry as it appeared in Agri-Pulse

Across America, and especially here in the heartland, we have a rich history of family farming and hard work. We understand the vital role that farmers play by providing food, not only for our local communities, but also for the world beyond thanks to important trade agreements that have opened new markets. These agreements allow farmers to reap the benefits of their labor on a worldwide scale and have contributed to America’s rise as the world’s only superpower. In fact, American farmers’ agricultural exports alone reached $196 billion in 2022, up more than threefold from $62.8 billion in 1997.

Senator Pat RobertsAt the same time, while America has reaped the benefits, our foreign competitors and adversaries have been looking at ways to improve their own fortunes. It has been widely-reported that foreign-owned entities based in China have been seeking to procure U.S. farmland. While this development is quite concerning, our laws require that those land purchases be disclosed to the United States Department of Agriculture (USDA) so that officials charged with protecting our national security are aware of actions that could jeopardize our food security.

These critical transparency requirements, however, are not universally applied at the federal level. The U.S. Department of Justice (DOJ) recently announced growing concern over foreign entities funding litigation in U.S. courts. Yet, despite this ominous warning, there are no requirements that parties disclose foreign ownership or outside sources of investment in their litigation when they appear in court. That means foreign adversaries are able to spend whatever it takes to deplete the resources of productive U.S. businesses over the years it takes to resolve the lawsuit.

The risks are clear – those seeking to harm our country could exert enormous economic pressure or destabilize domestic industries by funding litigation against productive American companies. The damage would be especially harsh on small-scale farmers and local agribusinesses that may lack the resources to pay for a costly legal defense. The playing field would be tilted even further against small American farmers who are just trying to get by.

Stopping this weaponization of litigation should be a top priority of every U.S. official. The potential impact spans every sector of the U.S. economy, from advanced manufacturers to agriculture.

The agriculture industry has always been an early adopter of innovative technologies. That makes it a prime target for foreign-backed litigation campaigns which could disrupt supply chains in rural communities. We all remember the supply chain disruptions caused during the early days of the pandemic, but it could be far worse when strategic competitors use litigation to cripple businesses vital to America’s food production.

Taking out a single member of the food supply chain – whether farm operators, equipment manufacturers, animal health and science companies, food processors, or transportation providers – would prove disastrous for millions of Americans. Already, the agriculture industry is under attack. Both John Deere and Minnesota-based Cargill have been targeted by entities that are weaponizing litigation for financial gain. Undermining critical players like these in our food supply is a threat to our national and economic security and action needs to be taken to stop these attacks.

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