Agriculture

The US Congress used one of the FY2024 funding bills to add the Secretary of Agriculture as a member of CFIUS on a case-by-case basis in covered transactions involving agricultural land, agricultural biotechnology or the agriculture industry. The same bill requires the Secretary of Agriculture to inform CFIUS of any agricultural land transaction that may pose a risk to the national security of the United States. This development stems from concern caused by several high-profile foreign investments in important food supply sectors or near military installations. It also stems from a recent finding by the US Government Accountability Office that the US Department of Agriculture does not share data and information it compiles on transactions involving foreign investment under the Agricultural Foreign Investment Disclosure Act. 

How the National Security Regimes Interact

Separate from the CFIUS process, the Agricultural Foreign Investment Disclosure Act requires that a foreign person who acquires, disposes of or holds an interest in United States agricultural land must disclose such transactions and holdings to the Farm Service Agency Service Center.