What This Bill Does
This bill requires a government committee to review when foreign people from Russia, China, Iran or North Korea buy or lease land near U.S. military sites. The bill also delays decisions on energy projects built on this land until the government finishes reviewing who owns or controls the property.
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Who It Affects
- The Committee on Foreign Investment in the United States (a government group that reviews certain business deals)
- Foreign people owned or controlled by the Russian Federation, People's Republic of China, Islamic Republic of Iran or Democratic People's Republic of Korea
- The Secretary of Defense
- The Secretary of Transportation
- U.S. Senators from affected states
- Members of Congress from affected districts
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Key Provisions
- The Committee must review any purchase or lease of real estate by covered foreign people if the land sits within 100 miles of a military installation (a military base or facility) or within 50 miles of military training routes, military airspace, controlled firing areas or military operations areas (Sec. 2(a))
- The Committee must automatically start a review for these real estate transactions without waiting for anyone to request it (Sec. 2(b))
- The Committee must notify U.S. Senators and Congressional representatives from the state and district where the military site is located about these reviews (Sec. 2(c))
- The Secretary of Defense cannot finish reviewing an energy project if the land it sits on is being reviewed by the Committee for foreign ownership concerns (Sec. 3(a))
- The Secretary of Transportation cannot approve an energy project on land under Committee review until the Committee finishes its review and the Secretary of Defense provides findings (Sec. 3(b))
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What Changes
If this bill passes, the government will automatically examine any land purchases or leases near military areas by foreign people connected to these four countries. Energy projects cannot move forward while these land reviews happen. Elected officials in affected states and districts will be notified about these reviews.
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Important Definitions
- **Military installation:** A facility defined in federal law as a military base or related property
- **Military training route:** A designated air route used for military pilot training
- **Special use airspace:** Airspace managed by the Department of Defense for military purposes
- **Controlled firing area:** An area where the Department of Defense conducts weapons testing
- **Military operations area:** An area designated for military flight operations
- **Foreign person:** Someone who is owned or controlled by, acts for, or receives money from the governments of Russia, China, Iran or North Korea
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 369
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
FEBRUARY 9, 2023
Mr. CRUZ
(for himself, Mr. SCHMITT, Mr. BRAUN, Mr. RUBIO, Mr.
TUBERVILLE, and Mr. DAINES) 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,
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•S 369 IS
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Military
2
Installations and Ranges Act of 2023’’.
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SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT
4
IN THE UNITED STATES OF REAL ESTATE
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PURCHASES OR LEASES NEAR MILITARY IN-
6
STALLATIONS OR MILITARY AIRSPACE.
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(a) INCLUSION IN DEFINITION OF COVERED TRANS-
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)—
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(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 2023.’’;
21
and
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(2) in subparagraph (B), by adding at the end
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the following:
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‘‘(vi) Notwithstanding clause (ii) or
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subparagraph (C), the purchase or lease
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•S 369 IS
by, or a concession to, a foreign person of
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private or public real estate—
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‘‘(I) that is located in the United
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States and within—
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‘‘(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—
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‘‘(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-
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ignated as special use air-
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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;
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‘‘(CC) a controlled fir-
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ing area (as defined in sec-
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tion 1.1 of title 14, Code of
23
Federal Regulations (or a
24
successor regulation)) used
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•S 369 IS
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
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‘‘(II) if the foreign person is
8
owned or controlled by, is acting for
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or on behalf of, or receives subsidies
10
from—
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‘‘(aa) the Government of the
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Russian Federation;
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‘‘(bb) the Government of the
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People’s Republic of China;
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‘‘(cc) the Government of the
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Islamic Republic of Iran; or
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‘‘(dd) the Government of the
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Democratic People’s Republic of
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Korea.’’.
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(b) MANDATORY UNILATERAL INITIATION OF RE-
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VIEWS.—Section 721(b)(1)(D) of the Defense Production
22
Act of 1950 (50 U.S.C. 4565(b)(1)(D)) is amended—
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(1) in clause (iii), by redesignating subclauses
24
(I), (II), and (III) as items (aa), (bb), and (cc), re-
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•S 369 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
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subclauses (I), (II), and (III), respectively, and by
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moving such subclauses, as so redesignated, 2 ems
5
to the right;
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(3) by striking ‘‘Subject to’’ and inserting the
7
following:
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‘‘(i) IN GENERAL.—Subject to’’; and
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(4) by adding at the end the following:
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‘‘(ii) MANDATORY UNILATERAL INITI-
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ATION OF CERTAIN TRANSACTIONS.—The
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Committee shall initiate a review under
13
subparagraph (A) of a covered transaction
14
described in subsection (a)(4)(B)(vi).’’.
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(c)
CERTIFICATIONS
TO
CONGRESS.—Section
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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
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transactions described in subsection
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•S 369 IS
(a)(4)(B)(vi), to the members of the
1
Senate from the State in which the
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military installation, military training
3
route, special use airspace, controlled
4
firing area, or military operations
5
area is located, and the member from
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the Congressional District in which
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such installation, route, airspace, or
8
area is located.’’.
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SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS
10
RELATED TO REVIEWS CONDUCTED BY COM-
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MITTEE ON FOREIGN INVESTMENT IN THE
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UNITED STATES.
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(a) REVIEW BY SECRETARY OF DEFENSE.—Section
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183a of title 10, United States Code, is amended—
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(1) by redesignating subsections (f), (g), and
16
(h) as subsections (g), (h), and (i), respectively; and
17
(2) by inserting after subsection (e) the fol-
18
lowing new subsection (f):
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‘‘(f) SPECIAL RULE RELATING TO REVIEW BY COM-
20
MITTEE
ON FOREIGN INVESTMENT
OF
THE UNITED
21
STATES.—(1) If, during the period during which the De-
22
partment of Defense is reviewing an application for an en-
23
ergy project filed with the Secretary of Transportation
24
under section 44718 of title 49, the purchase, lease, or
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•S 369 IS
concession of real property on which the project is planned
1
to be located is under review or investigation by the Com-
2
mittee on Foreign Investment in the United States under
3
section 721 of the Defense Production Act of 1950 (50
4
U.S.C. 4565), the Secretary of Defense—
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‘‘(A) may not complete review of the project
6
until the Committee concludes action under such
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section 721 with respect to the purchase, lease, or
8
concession; and
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‘‘(B) shall notify the Secretary of Transpor-
10
tation of the delay.
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‘‘(2) If the Committee on Foreign Investment in the
12
United States determines that the purchase, lease, or con-
13
cession of real property on which an energy project de-
14
scribed in paragraph (1) is planned to be located threatens
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to impair the national security of the United States and
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refers the purchase, lease, or concession to the President
17
for further action under section 721(d) of the Defense
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Production Act of 1950 (50 U.S.C. 4565(d)), the Sec-
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retary of Defense shall—
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‘‘(A) find under subsection (e)(1) that the
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project would result in an unacceptable risk to the
22
national security of the United States; and
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•S 369 IS
‘‘(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.’’.
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(b) REVIEW BY SECRETARY OF TRANSPORTATION.—
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Section 44718 of title 49, United States Code, is amend-
5
ed—
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(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) SPECIAL RULE RELATING TO REVIEW BY COM-
11
MITTEE
ON FOREIGN INVESTMENT
OF
THE UNITED
12
STATES.—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-
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duction Act of 1950 (50 U.S.C. 4565) until—
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‘‘(1) the Committee concludes action under
20
such section 721 with respect to the purchase, lease,
21
or concession; and
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‘‘(2) the Secretary of Defense—
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‘‘(A) issues a finding under section 183a(e)
24
of title 10; or
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•S 369 IS
‘‘(B) advises the Secretary of Transpor-
1
tation that no finding under section 183a(e) of
2
title 10 will be forthcoming.’’.
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Æ
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