I 

117TH CONGRESS 

1ST SESSION H. R. 2728 

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 HOUSE OF REPRESENTATIVES 

APRIL 21, 2021 

Mr. TONY GONZALES of Texas (for himself, Mr. JACKSON, and Mr. FALLON) 

introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, 

Energy and Commerce, Armed Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Installations from Foreign Espionage Act’’. 

6 SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 

7 IN THE UNITED STATES OF REAL ESTATE 

8 PURCHASES OR LEASES NEAR MILITARY IN9 STALLATIONS OR MILITARY AIRSPACE. 

10 (a) INCLUSION IN DEFINITION OF COVERED TRANS11 ACTION.—Section 721(a)(4) of the Defense Production 

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

13 (1) in subparagraph (A)— 

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

15 inserting a semicolon; 

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

17 the end and inserting ‘‘; and’’; and 

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

19 ‘‘(iii) any transaction described in 

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

21 pending, or completed on or after the date 

22 of the enactment of the Protecting Military 

23 Installations from Foreign Espionage 

24 Act.’’; and 


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

2 the following: 

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

4 subparagraph (C), the purchase or lease 

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

6 private or public real estate— 

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

8 States and within— 

9 ‘‘(aa) 100 miles of a military 

10 installation (as defined in section 

11 2801(c)(4) of title 10, United 

12 States Code); or 

13 ‘‘(bb) 50 miles of— 

14 ‘‘(AA) a military train15 ing route (as defined in sec16 tion 183a(h) of title 10, 

17 United States Code); 

18 ‘‘(BB) airspace des19 ignated as special use air20 space under part 73 of title 

21 14, Code of Federal Regula22 tions (or a successor regula23 tion), and managed by the 

24 Department of Defense; 


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1 ‘‘(CC) a controlled fir2 ing area (as defined in sec3 tion 1.1 of title 14, Code of 

4 Federal Regulations (or a 

5 successor regulation)) used 

6 by the Department of De7 fense; or 

8 ‘‘(DD) a military oper9 ations area (as defined in 

10 section 1.1 of title 14, Code 

11 of Federal Regulations (or a 

12 successor regulation)); and 

13 ‘‘(II) if the foreign person is 

14 owned or controlled by, is acting for 

15 or on behalf of, or receives subsidies 

16 from— 

17 ‘‘(aa) the Government of the 

18 Russian Federation; 

19 ‘‘(bb) the Government of the 

20 People’s Republic of China; 

21 ‘‘(cc) the Government of the 

22 Islamic Republic of Iran; or 

23 ‘‘(dd) the Government of the 

24 Democratic People’s Republic of 

25 Korea.’’. 


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1 (b) MANDATORY UNILATERAL INITIATION OF RE2 VIEWS.—Section 721(b)(1)(D) of the Defense Production 

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

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

5 (I), (II), and (III) as items (aa), (bb), and (cc), re6 spectively, and by moving such items, as so redesig7 nated, 2 ems to the right; 

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

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

10 moving such subclauses, as so redesignated, 2 ems 

11 to the right; 

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

13 following: 

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

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

16 ‘‘(ii) MANDATORY UNILATERAL INITI17 ATION OF CERTAIN TRANSACTIONS.—The 

18 Committee shall initiate a review under 

19 subparagraph (A) of a covered transaction 

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

21 (c) CERTIFICATIONS TO CONGRESS.—Section 

22 721(b)(3)(C)(iii) of the Defense Production Act of 1950 

23 (50 U.S.C. 4565(b)(3)(C)(iii)) is amended— 

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

25 inserting a semicolon; 


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

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(VI) with respect to covered 

5 transactions described in subsection 

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

7 Senate from the State in which the 

8 military installation, military training 

9 route, special use airspace, controlled 

10 firing area, or military operations 

11 area is located, and the member from 

12 the Congressional District in which 

13 such installation, route, airspace, or 

14 area is located.’’. 

15 SEC. 3. LIMITATION ON APPROVAL OF ENERGY PROJECTS 

16 RELATED TO REVIEWS CONDUCTED BY COM17 MITTEE ON FOREIGN INVESTMENT IN THE 

18 UNITED STATES. 

19 (a) REVIEW BY SECRETARY OF DEFENSE.—Section 

20 183a of title 10, United States Code, is amended— 

21 (1) by redesignating subsections (f), (g), and 

22 (h) as subsections (g), (h), and (i), respectively; and 

23 (2) by inserting after subsection (e) the fol24 lowing new subsection (f): 


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1 ‘‘(f) SPECIAL RULE RELATING TO REVIEW BY COM2 MITTEE ON FOREIGN INVESTMENT OF THE UNITED

3 STATES.—(1) If, during the period during which the De4 partment of Defense is reviewing an application for an en5 ergy project filed with the Secretary of Transportation 

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

7 concession of real property on which the project is planned 

8 to be located is under review or investigation by the Com9 mittee on Foreign Investment in the United States under 

10 section 721 of the Defense Production Act of 1950 (50 

11 U.S.C. 4565), the Secretary of Defense— 

12 ‘‘(A) may not complete review of the project 

13 until the Committee concludes action under such 

14 section 721 with respect to the purchase, lease, or 

15 concession; and 

16 ‘‘(B) shall notify the Secretary of Transpor17 tation of the delay. 

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

19 United States determines that the purchase, lease, or con20 cession of real property on which an energy project de21 scribed in paragraph (1) is planned to be located threatens 

22 to impair the national security of the United States and 

23 refers the purchase, lease, or concession to the President 

24 for further action under section 721(d) of the Defense 


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1 Production Act of 1950 (50 U.S.C. 4565(d)), the Sec2 retary of Defense shall— 

3 ‘‘(A) find under subsection (e)(1) that the 

4 project would result in an unacceptable risk to the 

5 national security of the United States; and 

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

7 Transportation for inclusion in the report required 

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

9 (b) REVIEW BY SECRETARY OF TRANSPORTATION.— 

10 Section 44718 of title 49, United States Code, is amend11 ed— 

12 (1) by redesignating subsection (h) as sub13 section (i); and 

14 (2) by inserting after subsection (g) the fol15 lowing new subsection: 

16 ‘‘(h) SPECIAL RULE RELATING TO REVIEW BY COM17 MITTEE ON FOREIGN INVESTMENT OF THE UNITED

18 STATES.—The Secretary of Transportation may not issue 

19 a determination pursuant to this section with respect to 

20 a proposed structure to be located on real property the 

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

22 investigation by the Committee on Foreign Investment in 

23 the United States under section 721 of the Defense Pro24 duction Act of 1950 (50 U.S.C. 4565) until— 


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1 ‘‘(1) the Committee concludes action under 

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

3 or concession; and 

4 ‘‘(2) the Secretary of Defense— 

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

6 of title 10; or 

7 ‘‘(B) advises the Secretary of Transpor8 tation that no finding under section 183a(e) of 

9 title 10 will be forthcoming.’’. 

Æ 


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