S.197 - Protecting Military Installations and Ranges Act of 2025 (119th Congress)
Summary
S.197, the Protecting Military Installations and Ranges Act of 2025, aims to enhance national security by requiring the Committee on Foreign Investment in the United States (CFIUS) to review real estate transactions near military installations and airspace involving foreign persons connected to or subsidized by Russia, China, Iran, or North Korea. The bill amends the Defense Production Act of 1950 to include such transactions as covered transactions subject to CFIUS review. It also mandates unilateral initiation of reviews for these transactions and requires certifications to Congress and relevant state and congressional representatives.
Furthermore, the bill limits the approval of energy projects on real property subject to CFIUS review, requiring the Secretary of Defense to review and potentially disapprove projects posing national security risks. This is designed to prevent potential espionage or sabotage activities by foreign entities near sensitive military sites.
The bill seeks to safeguard military assets and national security interests by scrutinizing foreign investments in strategically sensitive locations.
Expected Effects
The bill will likely increase scrutiny of foreign investments near US military facilities. This could deter investment from certain countries. It may also delay or block some energy projects.
Potential Benefits
Here are some potential benefits of the bill:
* Enhanced National Security: Protects military installations and airspace from potential foreign espionage or sabotage.
* Reduced Risk of Foreign Influence: Limits the ability of adversarial nations to gain a foothold near sensitive military sites.
* Strengthened CFIUS Authority: Expands the scope of CFIUS review to include real estate transactions near military facilities.
* Increased Transparency: Requires certifications to Congress and relevant representatives regarding CFIUS reviews.
* Discourages Malicious Investment: Deters foreign entities from investing in real estate near military installations with malicious intent.
Most Benefited Areas:
Potential Disadvantages
Here are some potential disadvantages of the bill:
* Potential for Economic Impact: May discourage foreign investment in certain areas, potentially impacting local economies.
* Increased Bureaucracy: Expands the workload of CFIUS and other government agencies, potentially causing delays.
* Risk of Retaliation: Could provoke retaliatory measures from the targeted countries, impacting international relations.
* Possible Legal Challenges: The bill's provisions could face legal challenges based on due process or equal protection grounds.
* Unintended Consequences: The broad scope of the bill could inadvertently capture legitimate foreign investments.
Constitutional Alignment
The bill appears to align with the US Constitution, particularly Article I, Section 8, which grants Congress the power to provide for the common defense. By strengthening national security through CFIUS review of foreign investments near military installations, the bill supports this constitutional mandate. There are no apparent infringements on individual liberties or rights, as the bill focuses on regulating foreign entities rather than domestic citizens. The bill does not appear to violate any specific constitutional provision.
However, some might argue that the bill could potentially raise concerns related to the Fifth Amendment's due process clause if the CFIUS review process is not transparent or fair. Additionally, the Commerce Clause could be invoked if the regulations unduly burden interstate or foreign commerce. These concerns seem minimal given the national security focus.
Overall, the bill's primary objective of safeguarding national security aligns with the Constitution's emphasis on providing for the common defense.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).