119-s197

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 197 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 197

To require the Committee on Foreign Investment in the United States to 
 review any purchase or lease of real estate near a military 
 installation or military airspace in the United States by a foreign 
 person connected to or subsidized by the Russian Federation, the 
 People's Republic of China, the Islamic Republic of Iran, or the 
 Democratic People's Republic of Korea, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 22, 2025

 Mr. Cruz (for himself, Mrs. Britt, Mr. Budd, Mr. Mullin, Mr. Scott of 
Florida, Mr. Tuberville, and Mr. Cotton) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
 and Urban Affairs

_______________________________________________________________________

 A BILL

To require the Committee on Foreign Investment in the United States to 
 review any purchase or lease of real estate near a military 
 installation or military airspace in the United States by a foreign 
 person connected to or subsidized by the Russian Federation, the 
 People's Republic of China, the Islamic Republic of Iran, or the 
 Democratic People's Republic of Korea, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protecting Military Installations 
and Ranges Act of 2025''.

SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES 
 OF REAL ESTATE PURCHASES OR LEASES NEAR MILITARY 
 INSTALLATIONS OR MILITARY AIRSPACE.

    (a) Inclusion in Definition of Covered Transaction.--

Section 721

    (a)

    (4) of the Defense Production Act of 1950 (50 U.S.C. 4565

    (a)

    (4) ) 
is amended--

    (1) in subparagraph
        (A) --
        (A) in clause
            (i) , by striking ``; and'' and 
 inserting a semicolon;
        (B) in clause
            (ii) , by striking the period at the 
 end and inserting ``; and''; and
            (C) by adding at the end the following:
 ``
            (iii) any transaction described in 
 subparagraph
        (B)
            (vi) that is proposed, pending, 
 or completed on or after the date of the 
 enactment of the Protecting Military 
 Installations and Ranges Act of 2025.''; and

    (2) in subparagraph
        (B) , by adding at the end the 
 following:
 ``
            (vi) Notwithstanding clause
            (ii) or 
 subparagraph
            (C) , the purchase or lease by, or 
 a concession to, a foreign person of private or 
 public real estate--
 ``
            (I) that is located in the United 
 States and within--
 ``

    (aa) 100 miles of a 
 military installation (as 
 defined in 

section 2801
            (c) (4) of title 10, United States 
 Code); or
 ``

    (bb) 50 miles of--

 ``

    (AA) a military 
 training route (as 
 defined in 

section 183a

    (h) of title 10, 
 United States Code);

 ``

    (BB) airspace 
 designated as special 
 use airspace under part 
 73 of title 14, Code of 
 Federal Regulations (or 
 a successor 
 regulation), and 
 managed by the 
 Department of Defense;

 ``
            (CC) a controlled 
 firing area (as defined 
 in 

section 1.1 of title 
 14, Code of Federal 
 Regulations (or a 
 successor regulation)) 
 used by the Department 
 of Defense; or

 ``
            (DD) a military 
 operations area (as 
 defined in 

section 1.1 
 of title 14, Code of 
 Federal Regulations (or 
 a successor 
 regulation)); and

 ``
            (II) if the foreign person is 
 owned or controlled by, is acting for 
 or on behalf of, or receives subsidies 
 from--
 ``

    (aa) the Government of 
 the Russian Federation;
 ``

    (bb) the Government of 
 the People's Republic of China;
 ``
            (cc) the Government of 
 the Islamic Republic of Iran; 
 or
 ``
            (dd) the Government of 
 the Democratic People's 
 Republic of Korea.''.

    (b) Mandatory Unilateral Initiation of Reviews.--

Section 721

    (b)

    (1)
            (D) of the Defense Production Act of 1950 (50 U.S.C. 
4565

    (b)

    (1)
            (D) ) is amended--

    (1) in clause
            (iii) , by redesignating subclauses
            (I) ,
            (II) , 
 and
            (III) as items

    (aa) ,

    (bb) , and
            (cc) , respectively, and by 
 moving such items, as so redesignated, 2 ems to the right;

    (2) by redesignating clauses
            (i) ,
            (ii) , and
            (iii) as 
 subclauses
            (I) ,
            (II) , and
            (III) , respectively, and by moving 
 such subclauses, as so redesignated, 2 ems to the right;

    (3) by striking ``Subject to'' and inserting the following:
 ``
            (i) In general.--Subject to''; and

    (4) by adding at the end the following:
 ``
            (ii) Mandatory unilateral initiation of 
 certain transactions.--The Committee shall 
 initiate a review under subparagraph
        (A) of a 
 covered transaction described in subsection

    (a)

    (4)
        (B)
            (vi) .''.
            (c) Certifications to Congress.--

Section 721

    (b)

    (3)
            (C) 
            (iii) of the 
Defense Production Act of 1950 (50 U.S.C. 4565

    (b)

    (3)
            (C) 
            (iii) ) is 
amended--

    (1) in subclause
            (IV) , by striking ``; and'' and inserting 
 a semicolon;

    (2) in subclause
            (V) , by striking the period at the end and 
 inserting ``; and''; and

    (3) by adding at the end the following:
 ``
            (VI) with respect to covered 
 transactions described in subsection

    (a)

    (4)
        (B)
            (vi) , to the Members of the 
 Senate from the State in which the 
 military installation, military 
 training route, special use airspace, 
 controlled firing area, or military 
 operations area is located, and the 
 Member of the House of Representatives 
 from the Congressional District in 
 which such installation, route, 
 airspace, or area is located.''.

SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS RELATED TO REVIEWS 
 CONDUCTED BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
 UNITED STATES.

    (a) Review by Secretary of Defense.--

Section 183a of title 10, 
United States Code, is amended--

    (1) by redesignating subsections

    (f) ,

    (g) , and

    (h) as 
 subsections

    (g) ,

    (h) , and
            (i) , respectively; and

    (2) by inserting after subsection

    (e) the following new 
 subsection

    (f) :
 ``

    (f) Special Rule Relating to Review by Committee on Foreign 
Investment of the United States.--

    (1) If, during the period during 
which the Department of Defense is reviewing an application for an 
energy project filed with the Secretary of Transportation under 

section 44718 of title 49, the purchase, lease, or concession of real property 
on which the project is planned to be located is under review or 
investigation by the Committee on Foreign Investment in the United 
States under 

section 721 of the Defense Production Act of 1950 (50 
U.S.C. 4565), the Secretary of Defense--
 ``
        (A) may not complete review of the project until the 
 Committee concludes action under such 

section 721 with respect 
 to the purchase, lease, or concession; and
 ``
        (B) shall notify the Secretary of Transportation of the 
 delay.
 ``

    (2) If the Committee on Foreign Investment in the United States 
determines that the purchase, lease, or concession of real property on 
which an energy project described in paragraph

    (1) is planned to be 
located threatens to impair the national security of the United States 
and refers the purchase, lease, or concession to the President for 
further action under 

section 721
            (d) of the Defense Production Act of 
1950 (50 U.S.C. 4565
            (d) ), the Secretary of Defense shall--
 ``
        (A) find under subsection

    (e)

    (1) that the project would 
 result in an unacceptable risk to the national security of the 
 United States; and
 ``
        (B) transmit that finding to the Secretary of 
 Transportation for inclusion in the report required under 
 

section 44718

    (b)

    (2) of title 49.''.

    (b) Review by Secretary of Transportation.--

Section 44718 of title 
49, United States Code, is amended--

    (1) by redesignating subsection

    (h) as subsection
            (i) ; and

    (2) by inserting after subsection

    (g) the following new 
 subsection:
 ``

    (h) Special Rule Relating to Review by Committee on Foreign 
Investment of the United States.--The Secretary of Transportation may 
not issue a determination pursuant to this section with respect to a 
proposed structure to be located on real property the purchase, lease, 
or concession of which is under review or investigation by the 
Committee on Foreign Investment in the United States under 

section 721 
of the Defense Production Act of 1950 (50 U.S.C. 4565) until--
 ``

    (1) the Committee concludes action under such 

section 721 
 with respect to the purchase, lease, or concession; and
 ``

    (2) the Secretary of Defense--
 ``
        (A) issues a finding under 

section 183a

    (e) of 
 title 10; or
 ``
        (B) advises the Secretary of Transportation that 
 no finding under 

section 183a

    (e) of title 10 will be 
 forthcoming.''.
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