II 

118TH CONGRESS 

1ST SESSION S. 1066 

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 

MARCH 29, 2023 

Mr. LANKFORD (for himself, Mr. BENNET, Mr. RISCH, and Mr. TILLIS) 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 2023’’ or the 

6 ‘‘SOIL Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 1066 IS

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 clause (vi) or (vii) of subparagraph (B) 

14 proposed or pending on or after the date of 

15 the enactment of 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 1066 IS

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 as risk to the national security 

5 of the United States in the most re6 cent annual report on worldwide 

7 threats issued by the Director of Na8 tional Intelligence pursuant to section 

9 108B of the National Security Act of 

10 1947 (50 U.S.C. 3043b)(commonly 

11 known as the ‘Annual Threat Assess12 ment’).’’. 

13 SEC. 3. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 

14 IN THE UNITED STATES OF REAL ESTATE 

15 TRANSACTIONS NEAR MILITARY INSTALLA16 TIONS. 

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

18 of 1950 (50 U.S.C. 4565(a)(4)(B)), as amended by sec19 tion 2, is amended by adding at the end the following: 

20 ‘‘(vii) Any acquisition or transfer of 

21 an interest, other than a security, in any 

22 form of real estate that is located not more 

23 than 50 miles from a military installation 

24 (as that term is defined in section 

25 2801(c)(4) of title 10, United States Code) 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 1066 IS

1 other than residential property held by a 

2 person that is a national of, or is organized 

3 under the laws or otherwise subject to the 

4 jurisdiction of, a country— 

5 ‘‘(I) designated as a nonmarket 

6 economy country pursuant to section 

7 771(18) of the Tariff Act of 1930 (19 

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

9 ‘‘(II) identified as a country that 

10 poses as risk to the national security 

11 of the United States in the most re12 cent annual report on worldwide 

13 threats issued by the Director of Na14 tional Intelligence pursuant to section 

15 108B of the National Security Act of 

16 1947 (50 U.S.C. 3043b)(commonly 

17 known as the ‘Annual Threat Assess18 ment’).’’. 

19 SEC. 4. EXPANSION OF MEMBERSHIP IN COMMITTEE ON 

20 FOREIGN INVESTMENT IN THE UNITED 

21 STATES. 

22 Section 721(k)(6) of the Defense Production Act of 

23 1950 (50 U.S.C. 4565(k)(6)) is amended to read a follows: 

24 ‘‘(6) OTHER MEMBERS.—The chairperson shall 

25 include the heads of relevant departments, agencies, 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 1066 IS

1 and offices (or the designee of any such head) in any 

2 review or investigation under subsection (a), on the 

3 basis of the facts and circumstances of the covered 

4 transaction under review or investigation.’’. 

5 SEC. 5. PROHIBITION ON USE OF FUNDS FOR CERTAIN AG6 RICULTURAL REAL ESTATE HOLDINGS. 

7 No assistance, including subsidies, may be provided 

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

9 estate holding wholly or partly owned by a person that 

10 is a national of, or is organized under the laws or other11 wise subject to the jurisdiction of, a country— 

12 (1) designated as a nonmarket economy country 

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

14 1930 (19 U.S.C. 1677(18)); or 

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

16 the national security of the United States in the 

17 most recent annual report on worldwide threats 

18 issued by the Director of National Intelligence pur19 suant to section 108B of the National Security Act 

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

21 ‘‘Annual Threat Assessment’’). 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 1066 IS

1 SEC. 6. DISCLOSURE REQUIREMENTS FOR FOREIGN AGRI2 CULTURAL REAL ESTATE HOLDINGS. 

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

4 the Agricultural Foreign Investment Disclosure Act of 

5 1978 (7 U.S.C. 3501(a)) is amended— 

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

7 paragraph (1)— 

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

9 agreement the period of which is longer than 5 

10 years with respect to agricultural land,’’ after 

11 ‘‘agricultural land’’; and 

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

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

14 and 

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

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

17 leased’’. 

18 (b) REVOCATION OF MINIMUM ACREAGE REQUIRE19 MENT.—Section 9(1) of the Agricultural Foreign Invest20 ment Disclosure Act of 1978 (7 U.S.C. 3508(1)) is 

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

22 Secretary may not exclude land from this definition based 

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

24 end. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 1066 IS

1 SEC. 7. REPORTS OF HOLDINGS OF AGRICULTURAL LAND 

2 IN THE UNITED STATES BY FOREIGN PER3 SONS. 

4 Section 6 of the Agricultural Foreign Investment Dis5 closure Act of 1978 (7 U.S.C. 3505) is amended— 

6 (1) by striking the section designation and 

7 heading and all that follows through ‘‘Not later 

8 than’’ and inserting the following: 

9 ‘‘SEC. 6. REPORTS. 

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

11 later than’’; and 

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

13 ‘‘(b) ANNUAL REPORT.— 

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

15 shall prepare and make publicly available a report 

16 describing holdings of agricultural land by foreign 

17 persons, as determined by reports submitted under 

18 section 2, including— 

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

20 most extensive agricultural land holdings on a 

21 State-by-State and county-by-county basis; 

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

23 land holdings in each county in the United 

24 States by a foreign person from— 

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

26 ‘‘(ii) the Russian Federation; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 1066 IS

1 ‘‘(iii) any other country that the Sec2 retary determines to be appropriate; 

3 ‘‘(C) an analysis of the sectors and indus4 tries for which the agricultural land holdings 

5 are used; and 

6 ‘‘(D) in consultation with the Director of 

7 the United States Geological Survey, an identi8 fication of countries that own or lease water 

9 rights and mineral deposits on a State-by-State 

10 and county-by-county basis. 

11 ‘‘(2) TRANSMISSION TO STATES.—The Sec12 retary shall transmit the report prepared under 

13 paragraph (1) to each State department of agri14 culture or appropriate State agency described in 

15 subsection (a) in conjunction with the applicable re16 ports transmitted under that subsection.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB