[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5022-S5023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2732. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 F of title III, add the following:
SEC. 358. PROTECTING MILITARY INSTALLATIONS AND RANGES ACT OF
2024.
(a) Short Title.--This Act may be cited as the ``Protecting
Military Installations and Ranges Act of 2024''.
(b) Review by Committee on Foreign Investment in the United
States of Real Estate Purchases or Leases Near Military
Installations or Military Airspace.--
(1) 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--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) 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 and
Ranges Act of 2024.''; and
(B) 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.''.
(2) 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--
(A) 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;
(B) 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;
(C) by striking ``Subject to'' and inserting the following:
``(i) In general.--Subject to''; and
(D) 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).''.
(3) 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--
(A) in subclause (IV), by striking ``; and'' and inserting
a semicolon;
(B) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(C) 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.''.
(c) 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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