[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1278 Introduced in Senate (IS)]
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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 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 2021''.
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 2021.''; 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; and
(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 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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