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 Fi-
nancial Services, and in addition to the Committees on Foreign Affairs, 
Energy and Commerce, Armed Services, and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Military 
Installations from Foreign Espionage Act’’. 
SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT 
IN THE UNITED STATES OF REAL ESTATE 
PURCHASES OR LEASES NEAR MILITARY IN-
STALLATIONS OR MILITARY AIRSPACE. 
(a) INCLUSION IN DEFINITION OF COVERED TRANS-
ACTION.—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 
from 
Foreign 
Espionage 
Act.’’; and 
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(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 train-
ing route (as defined in sec-
tion 183a(h) of title 10, 
United States Code); 
‘‘(BB) 
airspace 
des-
ignated as special use air-
space under part 73 of title 
14, Code of Federal Regula-
tions (or a successor regula-
tion), and managed by the 
Department of Defense; 
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‘‘(CC) a controlled fir-
ing area (as defined in sec-
tion 1.1 of title 14, Code of 
Federal Regulations (or a 
successor regulation)) used 
by the Department of De-
fense; or 
‘‘(DD) a military oper-
ations 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.’’. 
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(b) MANDATORY UNILATERAL INITIATION OF RE-
VIEWS.—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), re-
spectively, and by moving such items, as so redesig-
nated, 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; 
(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 INITI-
ATION 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; 
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(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 COM-
MITTEE 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 fol-
lowing new subsection (f): 
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‘‘(f) SPECIAL RULE RELATING TO REVIEW BY COM-
MITTEE
ON FOREIGN INVESTMENT
OF
THE UNITED 
STATES.—(1) If, during the period during which the De-
partment of Defense is reviewing an application for an en-
ergy 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 Com-
mittee 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 Transpor-
tation of the delay. 
‘‘(2) If the Committee on Foreign Investment in the 
United States determines that the purchase, lease, or con-
cession of real property on which an energy project de-
scribed 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 
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Production Act of 1950 (50 U.S.C. 4565(d)), the Sec-
retary 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 amend-
ed— 
(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing new subsection: 
‘‘(h) SPECIAL RULE RELATING TO REVIEW BY COM-
MITTEE
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 Pro-
duction Act of 1950 (50 U.S.C. 4565) until— 
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‘‘(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 Transpor-
tation that no finding under section 183a(e) of 
title 10 will be forthcoming.’’. 
Æ 
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