II
119THCONGRESS
1
STSESSION 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
JANUARY22, 2025
Mr. C
RUZ(for himself, Mrs. BRITT, Mr. BUDD, Mr. MULLIN, Mr. SCOTTof
Florida, Mr. T
UBERVILLE, 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 Representa-1
tives of the United States of America in Congress assembled, 2
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•S 197 IS
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Protecting Military 2
Installations and Ranges Act of 2025’’. 3
SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 4
IN THE UNITED STATES OF REAL ESTATE 5
PURCHASES OR LEASES NEAR MILITARY IN-6
STALLATIONS OR MILITARY AIRSPACE. 7
(a) I
NCLUSION INDEFINITION OFCOVEREDTRANS-8
ACTION.—Section 721(a)(4) of the Defense Production 9
Act of 1950 (50 U.S.C. 4565(a)(4)) is amended— 10
(1) in subparagraph (A)— 11
(A) in clause (i), by striking ‘‘; and’’ and 12
inserting a semicolon; 13
(B) in clause (ii), by striking the period at 14
the end and inserting ‘‘; and’’; and 15
(C) by adding at the end the following: 16
‘‘(iii) any transaction described in 17
subparagraph (B)(vi) that is proposed, 18
pending, or completed on or after the date 19
of the enactment of the Protecting Military 20
Installations and Ranges Act of 2025.’’; 21
and 22
(2) in subparagraph (B), by adding at the end 23
the following: 24
‘‘(vi) Notwithstanding clause (ii) or 25
subparagraph (C), the purchase or lease 26
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•S 197 IS
by, or a concession to, a foreign person of 1
private or public real estate— 2
‘‘(I) that is located in the United 3
States and within— 4
‘‘(aa) 100 miles of a military 5
installation (as defined in section 6
2801(c)(4) of title 10, United 7
States Code); or 8
‘‘(bb) 50 miles of— 9
‘‘(AA) a military train-10
ing route (as defined in sec-11
tion 183a(h) of title 10, 12
United States Code); 13
‘‘(BB) airspace des-14
ignated as special use air-15
space under part 73 of title 16
14, Code of Federal Regula-17
tions (or a successor regula-18
tion), and managed by the 19
Department of Defense; 20
‘‘(CC) a controlled fir-21
ing area (as defined in sec-22
tion 1.1 of title 14, Code of 23
Federal Regulations (or a 24
successor regulation)) used 25
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by the Department of De-1
fense; or 2
‘‘(DD) a military oper-3
ations area (as defined in 4
section 1.1 of title 14, Code 5
of Federal Regulations (or a 6
successor regulation)); and 7
‘‘(II) if the foreign person is 8
owned or controlled by, is acting for 9
or on behalf of, or receives subsidies 10
from— 11
‘‘(aa) the Government of the 12
Russian Federation; 13
‘‘(bb) the Government of the 14
People’s Republic of China; 15
‘‘(cc) the Government of the 16
Islamic Republic of Iran; or 17
‘‘(dd) the Government of the 18
Democratic People’s Republic of 19
Korea.’’. 20
(b) M
ANDATORYUNILATERALINITIATION OFRE-21
VIEWS.—Section 721(b)(1)(D) of the Defense Production 22
Act of 1950 (50 U.S.C. 4565(b)(1)(D)) is amended— 23
(1) in clause (iii), by redesignating subclauses 24
(I), (II), and (III) as items (aa), (bb), and (cc), re-25
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•S 197 IS
spectively, and by moving such items, as so redesig-1
nated, 2 ems to the right; 2
(2) by redesignating clauses (i), (ii), and (iii) as 3
subclauses (I), (II), and (III), respectively, and by 4
moving such subclauses, as so redesignated, 2 ems 5
to the right; 6
(3) by striking ‘‘Subject to’’ and inserting the 7
following: 8
‘‘(i) I
N GENERAL.—Subject to’’; and 9
(4) by adding at the end the following: 10
‘‘(ii) M
ANDATORY UNILATERAL INITI -11
ATION OF CERTAIN TRANSACTIONS .—The 12
Committee shall initiate a review under 13
subparagraph (A) of a covered transaction 14
described in subsection (a)(4)(B)(vi).’’. 15
(c) C
ERTIFICATIONS TO CONGRESS.—Section 16
721(b)(3)(C)(iii) of the Defense Production Act of 1950 17
(50 U.S.C. 4565(b)(3)(C)(iii)) is amended— 18
(1) in subclause (IV), by striking ‘‘; and’’ and 19
inserting a semicolon; 20
(2) in subclause (V), by striking the period at 21
the end and inserting ‘‘; and’’; and 22
(3) by adding at the end the following: 23
‘‘(VI) with respect to covered 24
transactions described in subsection 25
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(a)(4)(B)(vi), to the Members of the 1
Senate from the State in which the 2
military installation, military training 3
route, special use airspace, controlled 4
firing area, or military operations 5
area is located, and the Member of 6
the House of Representatives from the 7
Congressional District in which such 8
installation, route, airspace, or area is 9
located.’’. 10
SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS 11
RELATED TO REVIEWS CONDUCTED BY COM-12
MITTEE ON FOREIGN INVESTMENT IN THE 13
UNITED STATES. 14
(a) R
EVIEW BYSECRETARY OFDEFENSE.—Section 15
183a of title 10, United States Code, is amended— 16
(1) by redesignating subsections (f), (g), and 17
(h) as subsections (g), (h), and (i), respectively; and 18
(2) by inserting after subsection (e) the fol-19
lowing new subsection (f): 20
‘‘(f) S
PECIALRULERELATING TOREVIEW BYCOM-21
MITTEE ON FOREIGNINVESTMENT OF THE UNITED 22
S
TATES.—(1) If, during the period during which the De-23
partment of Defense is reviewing an application for an en-24
ergy project filed with the Secretary of Transportation 25
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under section 44718 of title 49, the purchase, lease, or 1
concession of real property on which the project is planned 2
to be located is under review or investigation by the Com-3
mittee on Foreign Investment in the United States under 4
section 721 of the Defense Production Act of 1950 (50 5
U.S.C. 4565), the Secretary of Defense— 6
‘‘(A) may not complete review of the project 7
until the Committee concludes action under such 8
section 721 with respect to the purchase, lease, or 9
concession; and 10
‘‘(B) shall notify the Secretary of Transpor-11
tation of the delay. 12
‘‘(2) If the Committee on Foreign Investment in the 13
United States determines that the purchase, lease, or con-14
cession of real property on which an energy project de-15
scribed in paragraph (1) is planned to be located threatens 16
to impair the national security of the United States and 17
refers the purchase, lease, or concession to the President 18
for further action under section 721(d) of the Defense 19
Production Act of 1950 (50 U.S.C. 4565(d)), the Sec-20
retary of Defense shall— 21
‘‘(A) find under subsection (e)(1) that the 22
project would result in an unacceptable risk to the 23
national security of the United States; and 24
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‘‘(B) transmit that finding to the Secretary of 1
Transportation for inclusion in the report required 2
under section 44718(b)(2) of title 49.’’. 3
(b) R
EVIEW BYSECRETARY OFTRANSPORTATION.— 4
Section 44718 of title 49, United States Code, is amend-5
ed— 6
(1) by redesignating subsection (h) as sub-7
section (i); and 8
(2) by inserting after subsection (g) the fol-9
lowing new subsection: 10
‘‘(h) S
PECIALRULERELATING TOREVIEW BYCOM-11
MITTEE ON FOREIGNINVESTMENT OF THE UNITED 12
S
TATES.—The Secretary of Transportation may not issue 13
a determination pursuant to this section with respect to 14
a proposed structure to be located on real property the 15
purchase, lease, or concession of which is under review or 16
investigation by the Committee on Foreign Investment in 17
the United States under section 721 of the Defense Pro-18
duction Act of 1950 (50 U.S.C. 4565) until— 19
‘‘(1) the Committee concludes action under 20
such section 721 with respect to the purchase, lease, 21
or concession; and 22
‘‘(2) the Secretary of Defense— 23
‘‘(A) issues a finding under section 183a(e) 24
of title 10; or 25
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‘‘(B) advises the Secretary of Transpor-1
tation that no finding under section 183a(e) of 2
title 10 will be forthcoming.’’. 3
Æ
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