Limitation on approval of energy projects related to reviews conducted by Committee on Foreign Investment in the United States

(a) Review by Secretary of Defense Section 183a of title 10, United States Code, is amended— (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) 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.. (b) Review by Secretary of Transportation Section 44718 of title 49, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) 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..