S.Amdt. 3094

SA 3094. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 appropriate place in title XII, insert the
following:

SEC. 12__. 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 2026.''; 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 of the
House of Representatives from the Congressional District in
which such installation, route, airspace, or area is
located.''.

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