Protecting Military Installations and Ranges Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1278 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 APRIL 21, 2021 Mr. CRUZ (for himself and Mr. RUBIO) 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 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1278 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protecting Military 2 Installations and Ranges Act of 2021’’. 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) 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)— 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 2021.’’; 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 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1278 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 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1278 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 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) MANDATORY UNILATERAL INITIATION OF RE- 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 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1278 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; and 6 (3) by striking ‘‘Subject to’’ and inserting the 7 following: 8 ‘‘(i) IN GENERAL.—Subject to’’; and 9 (4) by adding at the end the following: 10 ‘‘(ii) MANDATORY 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) CERTIFICATIONS 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 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1278 IS (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 from 6 the Congressional District in which 7 such installation, route, airspace, or 8 area is located.’’. 9 SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS 10 RELATED TO REVIEWS CONDUCTED BY COM- 11 MITTEE ON FOREIGN INVESTMENT IN THE 12 UNITED STATES. 13 (a) REVIEW BY SECRETARY OF DEFENSE.—Section 14 183a of title 10, United States Code, is amended— 15 (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): 19 ‘‘(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 25 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1278 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— 5 ‘‘(A) may not complete review of the project 6 until the Committee concludes action under such 7 section 721 with respect to the purchase, lease, or 8 concession; and 9 ‘‘(B) shall notify the Secretary of Transpor- 10 tation of the delay. 11 ‘‘(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 15 to impair the national security of the United States and 16 refers the purchase, lease, or concession to the President 17 for further action under section 721(d) of the Defense 18 Production Act of 1950 (50 U.S.C. 4565(d)), the Sec- 19 retary of Defense shall— 20 ‘‘(A) find under subsection (e)(1) that the 21 project would result in an unacceptable risk to the 22 national security of the United States; and 23 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1278 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.’’. 3 (b) REVIEW BY SECRETARY OF TRANSPORTATION.— 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) 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- 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 VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1278 IS ‘‘(B) advises the Secretary of Transpor- 1 tation that no finding under section 183a(e) of 2 title 10 will be forthcoming.’’. 3 Æ VerDate Sep 11 2014 04:31 May 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1278.IS S1278 kjohnson on DSK79L0C42PROD with BILLS