PolicyBrief
S. 179
119th CongressJan 22nd 2025
FARM Act
IN COMMITTEE

The FARM Act aims to protect U.S. agriculture by including it under the Committee on Foreign Investment in the United States (CFIUS) oversight and requiring reports on foreign investments in the agriculture industry. This will give the CFIUS the authority to review transactions that could result in foreign control of U.S. businesses involved in agriculture and the use of agricultural products.

Tommy Tuberville
R

Tommy Tuberville

Senator

AL

LEGISLATION

FARM Act Adds Agriculture to Foreign Investment Reviews, Raises Security and Economic Concerns

The Foreign Adversary Risk Management (FARM) Act aims to fold U.S. agriculture into the oversight of the Committee on Foreign Investment in the United States (CFIUS). Basically, it's about keeping a closer eye on who's buying into the American food supply chain, from farms to processing plants.

Planting New Rules

This bill makes some significant changes to how foreign investment in agriculture is handled:

  • Secretary in the Spotlight: The Secretary of Agriculture gets a permanent seat at the CFIUS table (SEC. 2). This means the USDA will have a direct voice in reviewing any foreign deals in the ag sector.
  • Broader Oversight: CFIUS's reach now extends to any transaction that could result in foreign control of a U.S. agricultural business or the use of agricultural products (SEC. 2). This is a big expansion, covering everything from farmland purchases to investments in food processing companies.
  • Critical Infrastructure: The bill officially designates agricultural systems and supply chains as "critical infrastructure" and "critical technologies" (SEC. 2). Think of it like this: the way we produce and distribute food is now considered as vital as our power grids or communication networks.

Real-World Dirt

So, what does this mean for everyday folks? Imagine a foreign company buying up a major seed producer. Under the FARM Act, that deal would get extra scrutiny to ensure it doesn't threaten U.S. food security or give away valuable agricultural tech. Or, consider a farm owner nearing retirement. If they're looking to sell, this bill might complicate things if the buyer is a foreign entity, potentially requiring a CFIUS review (SEC. 2).

Sowing Seeds of Transparency

Within a year, Congress will get a detailed report on foreign influence in the U.S. agriculture industry (SEC. 3). This report will cover the potential harms of foreign investments, the biggest threats from increased foreign control, and even espionage tactics used to steal agricultural secrets (SEC. 3). It's like a deep dive into who owns what and what risks might be lurking.

Potential Weeds in the System

While the FARM Act is designed to protect the food supply, there are some potential hitches. A broader definition of "foreign control" could slow down or even block legitimate investments that could actually benefit U.S. agriculture (SEC. 2). For example, a foreign company wanting to invest in a new, eco-friendly fertilizer plant might face extra hurdles, even if the project creates jobs and boosts local economies. There is also the added consideration that increased scrutiny may discourage foreign entities from investing in US agriculture, which could have negative consequences for the industry.

The Big Picture

The FARM Act is part of a larger trend of increasing scrutiny on foreign investment, especially in sectors deemed critical to national security. It connects to existing laws like the Defense Production Act of 1950, but expands its scope significantly. This bill reflects a growing concern about protecting domestic industries and supply chains from potential foreign threats, but it also raises questions about balancing national security with economic growth and investment.