II 

117TH CONGRESS 

2D SESSION S. 4821 

To increase oversight of foreign direct investment in agricultural land in 

the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2022 

Mr. LANKFORD (for himself and Mr. INHOFE) introduced the following bill; 

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To increase oversight of foreign direct investment in agricultural land in the United States, 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 ‘‘Security and Oversight 

5 for International Landholdings Act of 2022’’ or the 

6 ‘‘SOIL Act of 2022’’. 


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1 SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 

2 IN THE UNITED STATES OF CERTAIN AGRI3 CULTURAL REAL ESTATE TRANSACTIONS. 

4 Section 721(a)(4) of the Defense Production Act of 

5 1950 (50 U.S.C. 4565(a)(4)) is amended— 

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) proposed or pending 

14 on or after the date of the enactment of 

15 this clause.’’; and 

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

17 the following: 

18 ‘‘(vi) Any acquisition or transfer of an 

19 interest, other than a security, in agricul20 tural land held by a person that is a na21 tional of, or is organized under the laws or 

22 otherwise subject to the jurisdiction of, a 

23 country— 

24 ‘‘(I) designated as a nonmarket 

25 economy country pursuant to section 


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1 771(18) of the Tariff Act of 1930 (19 

2 U.S.C. 1677(18)); or 

3 ‘‘(II) identified as a country that 

4 poses a risk to the national security of 

5 the United States in the most recent 

6 annual report on worldwide threats 

7 issued by the Director of National In8 telligence pursuant to section 108B of 

9 the National Security Act of 1947 (50 

10 U.S.C. 3043b)(commonly known as 

11 the ‘Annual Threat Assessment’).’’. 

12 SEC. 3. EXPANSION OF MEMBERSHIP IN COMMITTEE ON 

13 FOREIGN INVESTMENT IN THE UNITED 

14 STATES. 

15 Section 721(k)(2) of the Defense Production Act of 

16 1950 (50 U.S.C. 4565(k)(2)) is amended— 

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

18 and (J), as subparagraphs (I), (J), and (K), respec19 tively; and 

20 (2) inserting after subparagraph (G), the fol21 lowing new subparagraph: 

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


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1 SEC. 4. PROHIBITION ON USE OF FUNDS FOR CERTAIN AG2 RICULTURAL REAL ESTATE HOLDINGS. 

3 No assistance, including subsidies, may be provided 

4 by any Federal agency to a person for an agricultural real 

5 estate holding wholly or partly owned by a person that 

6 is a national of, or is organized under the laws or other7 wise subject to the jurisdiction of, a country— 

8 (1) designated as a nonmarket economy country 

9 pursuant to section 771(18) of the Tariff Act of 

10 1930 (19 U.S.C. 1677(18)); or 

11 (2) identified as a country that poses as risk to 

12 the national security of the United States in the 

13 most recent annual report on worldwide threats 

14 issued by the Director of National Intelligence pur15 suant to section 108B of the National Security Act 

16 of 1947 (50 U.S.C. 3043b)(commonly known as the 

17 ‘‘Annual Threat Assessment’’). 

18 SEC. 5. DISCLOSURE REQUIREMENTS FOR FOREIGN AGRI19 CULTURAL REAL ESTATE HOLDINGS. 

20 (a) REPORTING REQUIREMENTS.—Section 2(a) of 

21 the Agricultural Foreign Investment Disclosure Act of 

22 1978 (7 U.S.C. 3501(a)) is amended— 

23 (1) in the first sentence of the matter preceding 

24 paragraph (1)— 

25 (A) by inserting ‘‘, or enters into a leasing 

26 agreement the period of which is longer than 5 


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1 years with respect to agricultural land,’’ after 

2 ‘‘agricultural land’’; and 

3 (B) by striking ‘‘acquisition or transfer’’ 

4 and inserting ‘‘acquisition, transfer, or lease’’; 

5 and 

6 (2) in paragraph (4), by striking ‘‘acquired or 

7 transferred’’ and inserting ‘‘acquired, transferred, or 

8 leased’’. 

9 (b) REVOCATION OF MINIMUM ACREAGE REQUIRE10 MENT.—Section 9(1) of the Agricultural Foreign Invest11 ment Disclosure Act of 1978 (7 U.S.C. 3508(1)) is 

12 amended by inserting ‘‘, subject to the condition that the 

13 Secretary may not exclude land from this definition based 

14 on the acreage of the land’’ before the semicolon at the 

15 end. 

16 SEC. 6. REPORTS OF HOLDINGS OF AGRICULTURAL LAND 

17 IN THE UNITED STATES BY FOREIGN PER18 SONS. 

19 Section 6 of the Agricultural Foreign Investment Dis20 closure Act of 1978 (7 U.S.C. 3505) is amended— 

21 (1) by striking the section designation and 

22 heading and all that follows through ‘‘Not later 

23 than’’ and inserting the following: 


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1 ‘‘SEC. 6. REPORTS. 

2 ‘‘(a) TRANSMISSION OF REPORTS TO STATES.—Not 

3 later than’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) ANNUAL REPORT.— 

6 ‘‘(1) IN GENERAL.—Annually, the Secretary 

7 shall prepare and make publicly available a report 

8 describing holdings of agricultural land by foreign 

9 persons, as determined by reports submitted under 

10 section 2, including— 

11 ‘‘(A) an analysis of the countries with the 

12 most extensive agricultural land holdings on a 

13 State-by-State and county-by-county basis; 

14 ‘‘(B) data and an analysis of agricultural 

15 land holdings in each county in the United 

16 States by a foreign person from— 

17 ‘‘(i) the People’s Republic of China; 

18 ‘‘(ii) the Russian Federation; or 

19 ‘‘(iii) any other country that the Sec20 retary determines to be appropriate; and 

21 ‘‘(C) an analysis of the sectors and indus22 tries for which the agricultural land holdings 

23 are used. 

24 ‘‘(2) TRANSMISSION TO STATES.—The Sec25 retary shall transmit the report prepared under 

26 paragraph (1) to each State department of agriVerDate Sep 11 2014 17:33 Sep 14, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4821.IS S4821

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1 culture or appropriate State agency described in 

2 subsection (a) in conjunction with the applicable re3 ports transmitted under that subsection.’’. 

Æ 


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