Protecting Military Installations from Foreign Espionage Act
Bill: H.R.2728 | Sponsor: Rep. Gonzales, Tony (R-TX)
Policy area: Foreign Trade and International Finance

Summary:
Protecting Military Installations from Foreign Espionage Act
This bill places restrictions on the purchase of certain property by a foreign person who is owned or controlled by, is acting for or on behalf of, or receives subsidies from Russia, China, Iran, or North Korea.
Specifically, the Committee on Foreign Investment in the United States must review a purchase or lease by, or a concession to, any such foreign person of private or public real estate in the United States that is within (1) 100 miles of a military installation; or (2) 50 miles of a military training route, special use airspace, a controlled firing area, or a military operations area.
Further, the Department of Defense and the Department of Transportation may not issue final determinations regarding specified projects (e.g., energy projects) that involve a transaction under review by the committee until the committee concludes its action.

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 
from Foreign Espionage Act''.

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 from Foreign Espionage Act.''; 
                        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;
            (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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