II 

117TH CONGRESS 

1ST SESSION S. 2931 

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 

OCTOBER 5, 2021 

Mr. TUBERVILLE (for himself and Ms. LUMMIS) 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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) United States agriculture and supply chains 

2 are critical to United States economic success and 

3 prosperity, and should each be classified as critical 

4 infrastructure and critical technologies. 

5 (2) Agriculture is the lifeblood that helps to 

6 feed United States families nationwide. As such, 

7 food security is a matter of national security and 

8 should be a top priority of the United States. 

9 (3) To prevent harm to the United States pub10 lic health sector and to prevent disruption to the 

11 United States economy and food supply chains, the 

12 increasing influence foreign countries may have on 

13 the United States agriculture industry and agri14 culture supply chains should be mitigated. 

15 SEC. 3. UNITED STATES AGRICULTURE INCLUDED IN COM16 MITTEE ON FOREIGN INVESTMENT IN THE 

17 UNITED STATES. 

18 (a) AGRICULTURE REPRESENTATIVE.—Section 

19 721(k)(2) of the Defense Production Act of 1950 (50 

20 U.S.C. 4565(k)(2)) is amended— 

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

22 and (J) as subparagraphs (I), (J), and (K), respec23 tively; and 

24 (2) by inserting after subparagraph (G) the fol25 lowing: 


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

2 (b) REVIEW OF AGRICULTURE INVESTMENTS BY

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

4 Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amend5 ed— 

6 (1) in subparagraph (A)— 

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

8 inserting a semicolon; 

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

10 the end and inserting ‘‘; and’’; and 

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

12 ‘‘(iii) any transaction described in 

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

14 pending, or completed on or after the date 

15 of the enactment of the Foreign Adversary 

16 Risk Management Act.’’; and 

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

18 the following: 

19 ‘‘(vi) Any transaction, merger, acqui20 sition, transfer, agreement, takeover, or 

21 other arrangement that could result in for22 eign control of any United States business 

23 that is engaged in agriculture and uses ag24 ricultural products (as defined in the first 


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

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

3 (c) AGRICULTURAL SUPPLY CHAINS INCLUDED IN

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

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

6 is amended— 

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

8 and inserting the following: ‘‘ ‘critical infrastruc9 ture’— 

10 ‘‘(i) means’’; 

11 (2) by striking the period at the end and insert12 ing ‘‘; and’’; and 

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

14 ‘‘(ii) includes, subject to regulations 

15 prescribed by the Committee, agricultural 

16 systems and supply chains.’’. 

17 (d) AGRICULTURAL SUPPLY CHAINS INCLUDED AS

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

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

20 4565(a)(6)(A)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(vii) Agricultural supply chains used 

23 for agricultural products (as defined in the 

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

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


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1 SEC. 4. REPORTS ON INVESTMENTS BY FOREIGN COUN2 TRIES IN UNITED STATES AGRICULTURE IN3 DUSTRY. 

4 Not later than one year after the date of the enact5 ment of this Act, the Secretary of Agriculture and the 

6 Comptroller General of the United States shall each— 

7 (1) conduct an analysis of foreign influence in 

8 the United States agriculture industry; and 

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

10 summary of— 

11 (A) foreign investments in the United 

12 States agriculture industry; 

13 (B) the potential for foreign investment to 

14 undermine United States agriculture production 

15 and agricultural supply chains; 

16 (C) the largest international threats for in17 creased foreign control of, and investment in, 

18 the United States agriculture sector; and 

19 (D) agriculture-related espionage and theft 

20 techniques used by foreign governments, includ21 ing any attempts to target United States agri22 cultural intellectual property, innovation, re23 search and development, cost or pricing data, or 

24 internal strategy documents. 

Æ 


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