S. 197 — Protecting Military Installations and Ranges Act of 2025

This section expands the definition of covered transaction under the Committee on Foreign Investment in the United States (CFIUS)—which reviews foreign investments for national security risks—to include, on or after enactment, the purchase, lease, or concession by a foreign person of U.S. real estate within 100 miles of a military installation or 50 miles of specified military training routes or airspace, if the foreign person is owned or controlled by, acts on behalf of, or receives subsidies from the governments of Russia, China, Iran, or North Korea. (Thus, this new category applies notwithstanding prior limits on real estate jurisdiction.) The section further requires CFIUS to unilaterally initiate reviews of such transactions and directs CFIUS to provide certifications to the Senators from the relevant state and the Representative from the relevant congressional district.

This section limits Department of Defense (DoD) and Secretary of Transportation review and approval of energy projects if the underlying purchase, lease, or concession of real property is under review by the Committee on Foreign Investment in the United States (CFIUS) under section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565). Specifically, it (1) requires DoD, in conducting reviews via the Military Aviation and Installation Assurance Siting Clearinghouse (established under 10 U.S.C. 183a to coordinate DoD input on energy projects and antenna structures that may affect military operations and readiness), to pause review until CFIUS concludes, notify the Secretary of Transportation of the delay, and deem the project an unacceptable national security risk (under 10 U.S.C. 183a(e)(1)) if CFIUS refers the transaction to the President; and (2) prohibits the Secretary of Transportation from issuing a determination under 49 U.S.C. 44718 (FAA process for approving such projects and structures) until CFIUS concludes and DoD issues a finding under 10 U.S.C. 183a(e) or advises no finding is forthcoming. (Thus, such projects on foreign-involved real property face coordinated delays across agencies and potential DoD veto if flagged by CFIUS.)