Washington, D.C. — Senator Tom Cotton (R-Arkansas) and Senator Elissa Slotkin (D- Michigan) today reintroduced the Farm and Food Cybersecurity Act, legislation that would strengthen cybersecurity protections for the agriculture and food critical infrastructure sectors. The bill will identify vulnerabilities and improve protective measures of both the government and private groups against cyber threats to America’s food supply chain.

Co-sponsoring the legislation are Senators Pete Ricketts (R-Nebraska), Thom Tillis (R- North Carolina), Cynthia Lummis (R-Wyoming), Katie Britt (R- Alabama), and Ted Budd (R- North Carolina). Congressman Brad Finstad (Minnesota-01) is introducing companion legislation in the House.

Bill text may be found here.

“America’s adversaries are seeking to gain any advantage they can against us—including targeting critical industries like agriculture. Congress must work with the Department of Agriculture to identify and defeat these cybersecurity vulnerabilities. This legislation will ensure we are prepared to protect the supply chains our farmers and all Americans rely on,” said Senator Cotton.

“Food security is national security, and the Farm and Food Cybersecurity Act is a vital step toward safeguarding Michigan’s agriculture and food sectors,” said Senator Slotkin. “Cyber attacks threaten our food supply constantly, and we must ensure both government and private industries are prepared. This bipartisan bill will require the Department of Agriculture to work closely with our national security agencies to ensure that our adversaries, like China, can’t threaten our ability to feed ourselves by ourselves.”

"With innovation and advancement in precision ag technology, the agricultural industry has become more technologically advanced, creating new challenges and vulnerabilities for farmers across southern Minnesota and the nation,” said Congressman Finstad. “Food security is national security. The Farm and Food Cybersecurity Act will make tremendous strides to protect our nation’s food supply from the imminent cyber threats that the ag sector experiences here at home.”

Supporting the legislation are the North American Millers Association, National Cattlemen’s Beef Association, USA Rice, National Council of Farmer Cooperatives.

The Farm and Food Cybersecurity Act would:

Direct the Secretary of Agriculture to conduct a risk assessment every two years of the cybersecurity threat to, and vulnerabilities in, the agriculture and food sectors and submit a report to Congress.
Direct the Secretary of Agriculture, in coordination with the Secretaries of Homeland Security and Health and Human Services, as well as the Director of National Intelligence, to conduct an annual cross-sector crisis simulation exercise for food-related cyber emergencies or disruptions.

WASHINGTON – U.S. Senators John Boozman (R-AR), Kevin Cramer (R-ND) and Committee on Environment and Public Works Ranking Member Shelley Moore Capito (R-WV) led 27 of their colleagues in filing a bicameral amicus brief in the U.S. Court of Appeals for the Sixth Circuit opposing a final rule from the Federal Highway Administration (FHWA) that requires state departments of transportation and metropolitan planning organizations to measure greenhouse gas (GHG) emissions on the highway system and set declining targets for those GHG emissions. The brief requests that the Court uphold the April 2024, U.S. District Court decision finding that Congress did not grant the FHWA the authority to issue the rule.

The brief argues Congress explicitly debated providing the FHWA the necessary authority to issue this rule, but decided against doing so in the Infrastructure Investment and Jobs Act. The FHWA then intentionally misconstrued congressional intent and used unrelated statutory authorities to attempt to justify issuing its GHG performance measure rule. The lawmakers also contend the rulemaking is inconsistent with recent Supreme Court decisions paring back executive branch overreach, and that FHWA is ignoring principles of federalism at the expense of state governments to further its own policy agenda.

“Congress considered, and ultimately rejected, providing [FHWA] with the authority to issue a GHG performance measure regulation, but [FHWA] contorted ancillary existing authorities to impose one anyway,” the members argued. “In doing so, [FHWA] impermissibly usurped the Legislative Branch’s authority and promulgated the GHG performance measure without statutory authority delegated by Congress.”

“Put simply, when [FHWA] established a GHG performance measure regulation, it exceeded the powers Congress authorized. And it did so both at the expense of separation of powers and in violation of the Administrative Procedure Act,” the members continued.

Senate Republican Leader Mitch McConnell (R-KY) and Senators John Barrasso (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Ted Cruz (R-TX), Mike Crapo (R-ID), Steve Daines (R-MT), Joni Ernst (R-IA), Deb Fischer (R-NE), Lindsey Graham (R-SC), John Hoeven (R-ND), Cindy Hyde-Smith (R-MS), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), Pete Ricketts (R-NE), Jim Risch (R-ID), Mike Rounds (R-SD), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Dan Sullivan (R-AK), John Thune (R-SD), Tommy Tuberville (R-AL) and Roger Wicker (R-MS) – as well as U.S. Representatives Sam Graves (R-MO-06), Chairman of the Transportation and Infrastructure Committee, and Rick Crawford (R-AR-01), Chairman of the Highways and Transit Subcommittee – also cosigned the brief.

Full text of the amicus brief is available here.

Background:

Shortly after the rule was finalized, 21 state attorneys general, including Arkansas, filed litigation challenging the regulation. The U.S. District Court found the Biden administration rule to be illegal, but FHWA appealed the decision to the Sixth Circuit Court of Appeals and it remains under further consideration.

In April of this year, the U.S. Senate approved a Congressional Review Act (CRA) joint resolution of disapproval overturning the rule by a vote of 53-47. The bipartisan measure was led by Cramer and cosponsored by Boozman, Ranking Member Capito and dozens of their colleagues.

Cotton, Slotkin, colleagues reintroduce legislation to address cybersecurity threats to American agriculture

Boozman, Cramer, Capito and colleagues file bicameral amicus brief to overturn FHWA’s unlawful rmissions rule