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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Military 

3 Installations and Ranges Act of 2023’’. 

4 SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 

5 IN THE UNITED STATES OF REAL ESTATE 

6 PURCHASES OR LEASES NEAR MILITARY IN7 STALLATIONS OR MILITARY AIRSPACE. 

8 (a) INCLUSION IN DEFINITION OF COVERED TRANS9 ACTION.—Section 721(a)(4) of the Defense Production 

10 Act of 1950 (50 U.S.C. 4565(a)(4)) is amended— 

11 (1) in subparagraph (A)— 

12 (A) in clause (i), by striking ‘‘; and’’ and 

13 inserting a semicolon; 

14 (B) in clause (ii), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(iii) any transaction described in 

18 subparagraph (B)(vi) that is proposed, 

19 pending, or completed on or after the date 

20 of the enactment of the Protecting Military 

21 Installations and Ranges Act of 2023.’’; 

22 and 

23 (2) in subparagraph (B), by adding at the end 

24 the following: 

25 ‘‘(vi) Notwithstanding clause (ii) or 

26 subparagraph (C), the purchase or lease 


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1 by, or a concession to, a foreign person of 

2 private or public real estate— 

3 ‘‘(I) that is located in the United 

4 States and within— 

5 ‘‘(aa) 100 miles of a military 

6 installation (as defined in section 

7 2801(c)(4) of title 10, United 

8 States Code); or 

9 ‘‘(bb) 50 miles of— 

10 ‘‘(AA) a military train11 ing route (as defined in sec12 tion 183a(h) of title 10, 

13 United States Code); 

14 ‘‘(BB) airspace des15 ignated as special use air16 space under part 73 of title 

17 14, Code of Federal Regula18 tions (or a successor regula19 tion), and managed by the 

20 Department of Defense; 

21 ‘‘(CC) a controlled fir22 ing area (as defined in sec23 tion 1.1 of title 14, Code of 

24 Federal Regulations (or a 

25 successor regulation)) used 


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1 by the Department of De2 fense; or 

3 ‘‘(DD) a military oper4 ations area (as defined in 

5 section 1.1 of title 14, Code 

6 of Federal Regulations (or a 

7 successor regulation)); and 

8 ‘‘(II) if the foreign person is 

9 owned or controlled by, is acting for 

10 or on behalf of, or receives subsidies 

11 from— 

12 ‘‘(aa) the Government of the 

13 Russian Federation; 

14 ‘‘(bb) the Government of the 

15 People’s Republic of China; 

16 ‘‘(cc) the Government of the 

17 Islamic Republic of Iran; or 

18 ‘‘(dd) the Government of the 

19 Democratic People’s Republic of 

20 Korea.’’. 

21 (b) MANDATORY UNILATERAL INITIATION OF RE22 VIEWS.—Section 721(b)(1)(D) of the Defense Production 

23 Act of 1950 (50 U.S.C. 4565(b)(1)(D)) is amended— 

24 (1) in clause (iii), by redesignating subclauses 

25 (I), (II), and (III) as items (aa), (bb), and (cc), reVerDate Sep 11 2014 00:09 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S369.IS S369

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1 spectively, and by moving such items, as so redesig2 nated, 2 ems to the right; 

3 (2) by redesignating clauses (i), (ii), and (iii) as 

4 subclauses (I), (II), and (III), respectively, and by 

5 moving such subclauses, as so redesignated, 2 ems 

6 to the right; 

7 (3) by striking ‘‘Subject to’’ and inserting the 

8 following: 

9 ‘‘(i) IN GENERAL.—Subject to’’; and 

10 (4) by adding at the end the following: 

11 ‘‘(ii) MANDATORY UNILATERAL INITI12 ATION OF CERTAIN TRANSACTIONS.—The 

13 Committee shall initiate a review under 

14 subparagraph (A) of a covered transaction 

15 described in subsection (a)(4)(B)(vi).’’. 

16 (c) CERTIFICATIONS TO CONGRESS.—Section 

17 721(b)(3)(C)(iii) of the Defense Production Act of 1950 

18 (50 U.S.C. 4565(b)(3)(C)(iii)) is amended— 

19 (1) in subclause (IV), by striking ‘‘; and’’ and 

20 inserting a semicolon; 

21 (2) in subclause (V), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(VI) with respect to covered 

25 transactions described in subsection 


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1 (a)(4)(B)(vi), to the members of the 

2 Senate from the State in which the 

3 military installation, military training 

4 route, special use airspace, controlled 

5 firing area, or military operations 

6 area is located, and the member from 

7 the Congressional District in which 

8 such installation, route, airspace, or 

9 area is located.’’. 

10 SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS 

11 RELATED TO REVIEWS CONDUCTED BY COM12 MITTEE ON FOREIGN INVESTMENT IN THE 

13 UNITED STATES. 

14 (a) REVIEW BY SECRETARY OF DEFENSE.—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 fol19 lowing new subsection (f): 

20 ‘‘(f) SPECIAL RULE RELATING TO REVIEW BY COM21 MITTEE ON FOREIGN INVESTMENT OF THE UNITED

22 STATES.—(1) If, during the period during which the De23 partment of Defense is reviewing an application for an en24 ergy project filed with the Secretary of Transportation 

25 under section 44718 of title 49, the purchase, lease, or 


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1 concession of real property on which the project is planned 

2 to be located is under review or investigation by the Com3 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 Transpor11 tation of the delay. 

12 ‘‘(2) If the Committee on Foreign Investment in the 

13 United States determines that the purchase, lease, or con14 cession of real property on which an energy project de15 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 Sec20 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 


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1 ‘‘(B) transmit that finding to the Secretary of 

2 Transportation for inclusion in the report required 

3 under section 44718(b)(2) of title 49.’’. 

4 (b) REVIEW BY SECRETARY OF TRANSPORTATION.— 

5 Section 44718 of title 49, United States Code, is amend6 ed— 

7 (1) by redesignating subsection (h) as sub8 section (i); and 

9 (2) by inserting after subsection (g) the fol10 lowing new subsection: 

11 ‘‘(h) SPECIAL RULE RELATING TO REVIEW BY COM12 MITTEE ON FOREIGN INVESTMENT OF THE UNITED

13 STATES.—The Secretary of Transportation may not issue 

14 a determination pursuant to this section with respect to 

15 a proposed structure to be located on real property the 

16 purchase, lease, or concession of which is under review or 

17 investigation by the Committee on Foreign Investment in 

18 the United States under section 721 of the Defense Pro19 duction Act of 1950 (50 U.S.C. 4565) until— 

20 ‘‘(1) the Committee concludes action under 

21 such section 721 with respect to the purchase, lease, 

22 or concession; and 

23 ‘‘(2) the Secretary of Defense— 

24 ‘‘(A) issues a finding under section 183a(e) 

25 of title 10; or 


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1 ‘‘(B) advises the Secretary of Transpor2 tation that no finding under section 183a(e) of 

3 title 10 will be forthcoming.’’. 

Æ 


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