[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5079-S5080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5707. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

[[Page S5080]]

  


     SEC. 1077. 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 National Defense Authorization Act 
     for Fiscal Year 2023.''; 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 of the 
     House of Representatives from the Congressional District in 
     which such installation, route, airspace, or area is 
     located.''.

       (d) Limitation on Approval of Energy Projects Related to 
     Reviews Conducted by Committee on Foreign Investment in the 
     United States.--
       (1) Review by secretary of defense.--Section 183a of title 
     10, United States Code, is amended--
       (A) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (B) 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.''.
       (2) Review by secretary of transportation.--Section 44718 
     of title 49, United States Code, is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) 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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