Key takeaways
- DoD Impact Level 5 data requires infrastructure physically separated from non-federal tenants, which in practice means dedicated compute and storage for government customers.1
- Classified space is built to the Intelligence Community’s ICD 705 technical specification, and RF shielding beyond it may be required where TEMPEST risk calls for it.26
- Since December 9, 2024, CFIUS can review certain foreign real estate deals within 100 miles of 19 more military installations, and eight others moved from a 1-mile to a 100-mile radius.73
- State laws add another layer: 15 states enacted foreign land ownership laws in 2025, and Florida bars owners tied to seven countries from property within 10 miles of military installations.89
- Sovereign programs are now large: S&P expects the UAE and Saudi Arabia to add about 2–3 GW of IT power by 2030.10
01What makes government and sovereign siting different
A commercial data center is sited to win tenants: power, fiber, cost and speed. A government, defense or sovereign facility is sited to satisfy an accreditor. The questions that decide the site are who owns the land and the building, who can enter, which other tenants share the infrastructure, which country’s law applies to the data, and how far the facility sits from threats. Power and land still matter, and the same utility and acreage screening applies, but a parcel that clears every engineering test can still fail on ownership or location rules.
The U.S. federal government is also a smaller builder of its own facilities than it once was. Under the Data Center Optimization Initiative, agencies closed 58 data centers in fiscal year 2021 against a goal of 43.11 GAO’s February 2023 report counted a cumulative $6.6 billion in savings and cost avoidance from fiscal years 2012 through 2021, and found agencies had closed 20 more data centers by August 2022 with 58 others planned for that fiscal year.12 The result is that much federal demand now reaches the market through cloud providers’ government regions, colocation and contractor-owned buildings, each of which must meet the agency’s rules.
That shifts the siting burden to developers and providers. A site meant for government work has to be screened for the security requirements below before it is marketed, because they affect the building, the land around it and, in some cases, who is allowed to buy it. This guide covers those rules. For using federally owned land itself, see federal land for AI data centers.
02Defense impact levels and classified tiers
The Department of Defense Cloud Computing Security Requirements Guide (SRG) sorts workloads into impact levels. The siting consequences start at Impact Level 5. Microsoft, describing its Azure Government DoD regions when they reached IL5 in 2017, said the regions provide dedicated compute and storage infrastructure for DoD customers only, to meet the physical separation requirement.1 In practice, IL5 data sits on infrastructure reserved for DoD or other federal customers rather than on shared commercial hardware, and the SRG also restricts where that data may physically be hosted, so confirm the location rules in the current SRG revision with the sponsor.
Above IL5 the work is classified. AWS launched its Secret-West Region in October 2025 as its second U.S. region for Secret-level workloads, built and accredited to Intelligence Community Directive requirements, with services authorized at ICD 503 and DoD SRG Impact Level 6.13 Facilities at these levels are dedicated buildings or halls, not shared floors in a multi-tenant colocation building.
Fig. 1How hosting requirements tighten by classification
- 01Commercial multi-tenantShared tenants; not eligible for IL5 data
- 02IL5 dedicatedPhysically separate from non-federal tenants
- 03IL6 / SecretClassified regions accredited to IL6 and ICD 503
- 04Compartmented spaceSCIF built to the ICD 705 technical specification
For a site, the practical point is that higher tiers want a building, or a defined portion of one, that can be fenced, controlled and staffed independently. That favors parcels with room for a separate secure enclave, a dedicated entrance and, ideally, a dedicated utility feed. The layered perimeter model used by large operators is a starting point, not the whole answer.
03SCIF construction and antiterrorism standards
Space for sensitive compartmented information is built to the Intelligence Community’s technical specification for SCIF construction and management under ICD/ICS 705. Version 1.5 replaced Version 1.4 and was promulgated to the Intelligence Community in 2020.2 The specification governs walls, doors, acoustic ratings, penetrations and alarm systems, and accreditation comes from the sponsoring agency rather than from the builder.2
Radio frequency protection can go further than the base specification. A 2022 analysis in In Compliance Magazine notes that ICD/ICS 705 construction alone will not reach the RF performance required under NSA 94-106, which calls for attenuation as high as 100 dB at 10 GHz, and that a Certified TEMPEST Technical Authority decides on RF shielding based on risk.6 A site next to high-power transmitters or busy RF environments can raise that risk and the cost of shielding.
Buildings on or for DoD installations also follow the antiterrorism criteria in UFC 4-010-01. The U.S. Army Corps of Engineers bulletin issuing the December 2018 edition said it superseded the 2013 Change 1, rescinded the separate standoff-distance document UFC 4-010-02, and called the change to the standoff standard the revision’s most significant element.14 Standoff still drives land needs: the space between roads, parking and the building has to fit inside the parcel along with setbacks and utility yards.
04Who may buy: CFIUS and state land laws near military sites
Ownership rules can disqualify a site or a buyer before any design work starts. The Committee on Foreign Investment in the United States (CFIUS) has jurisdiction over certain real estate transactions by foreign persons near listed military installations, within either a 1-mile or a 100-mile radius depending on the installation.15 Treasury proposed in July 2024 to add 59 installations across 30 states to the list.15 The final rule, published November 7, 2024, took effect December 9, 2024.3 It added 19 installations to the 100-mile list, including Barksdale, Dover and Little Rock Air Force Bases, and moved eight, including Joint Base San Antonio and Wright-Patterson, from a 1-mile to a 100-mile radius.7
States have moved too. MultiState counted 194 bills on foreign land ownership in 38 states in 2025, with 15 states enacting new laws.8 Mintz reports that about 36 states had some restriction on foreign ownership of real property by the end of 2025, many focused on farmland, critical infrastructure and military proximity.9 Florida’s law, which the Eleventh Circuit upheld on November 4, 2025, bars buyers tied to China, Cuba, Iran, North Korea, Russia, Syria and Venezuela from owning property within 10 miles of military installations or critical infrastructure.9
Fig. 2Ownership rules near military sites
- CFIUS extended radius around listed installations
- 100 mi
- Installations in the 2024 proposed expansion
- 59
- States enacting foreign land laws in 2025
- 15
- Florida buffer around military sites
- 10 mi
For a seller or developer, this means the buyer’s ownership chain, the investors behind a fund and the location of the nearest listed installation all belong in the due diligence period. It is a question for a CFIUS attorney, not a site engineer.
05Sovereign cloud and sovereign AI: data residency as a site rule
Outside the U.S. defense system, the same idea appears as sovereignty: the data, the operators and sometimes the billing must stay inside one jurisdiction. In January 2026 AWS made its European Sovereign Cloud generally available, starting with a region in Brandenburg, Germany, that it describes as physically and logically separate from other AWS regions, with technical controls to prevent access from outside the EU.4 Amazon said it plans to invest more than €7.8 billion in Germany for the project and to add sovereign Local Zones in Belgium, the Netherlands and Portugal.4
Sovereign AI campuses are larger still. Stargate UAE, a collaboration including G42, OpenAI, Oracle, Nvidia, Cisco and SoftBank, was announced in 2025, with OpenAI expecting the first 200 MW to go live in 2026.510 S&P describes it as a cluster in a planned 5 GW campus, with the first 1 GW due over about three years, and expects the UAE and Saudi Arabia together to add about 2–3 GW of IT power, with Saudi Arabia’s Humain potentially reaching 1.9 GW by 2030.10
For siting, residency rules narrow the search to one country or region, then to sites that can be operated by approved staff and connected without routing data abroad. That raises the value of domestic power and long-haul fiber that stays inside the border, and can justify sites a pure cost screen would pass over.
06How to screen a site for government or sovereign use
Start with the target customer and the highest classification or residency rule they will need, because that sets everything else. Then check the site against the items below. Our methodology covers the engineering screen; these items sit on top of it.
- 01Ownership: identify the buyer’s and investors’ nationality and check the distance to the nearest installation on the CFIUS list and any state buffer.
- 02Separation: confirm the parcel can hold a dedicated building or enclave with its own entrance, fencing and utility path for IL5 and above.
- 03Standoff: lay out roads, parking and building lines against the antiterrorism criteria that apply to the sponsor.
- 04RF environment: note nearby transmitters and ask whether TEMPEST shielding is likely.
- 05Residency: for sovereign work, confirm power, fiber and operations can stay inside the jurisdiction.
Fig. 3Sample screen for a defense-oriented parcel
Illustrative- PassPowerUtility confirms a dedicated feed is possible.
- PassSeparate enclaveRoom for a fenced secure building and own gate.
- WatchStandoffPublic road on the west side limits the setback.
- WatchRF environmentBroadcast tower about two miles away.
- FailOwnership reviewForeign-funded buyer inside a 100-mile CFIUS radius.
A site that passes the engineering screen but fails ownership or separation can still suit commercial users. If you want a parcel checked against both, you can get a site reviewed.
Common questions
Can a government agency use a normal colocation data center?
Often yes for lower-sensitivity workloads, if the provider meets the agency’s requirements. For DoD Impact Level 5 data, the infrastructure must be physically separated from non-federal tenants, so shared commercial space generally does not qualify without a dedicated enclave.1
What is a SCIF and does a data center need one?
A SCIF is a sensitive compartmented information facility built and accredited under the Intelligence Community’s ICD/ICS 705 technical specification.2 A data center needs SCIF space only if it will process compartmented classified information, and the sponsoring agency decides and accredits.
Does CFIUS apply to buying land near a military base?
It can. CFIUS has jurisdiction over certain real estate transactions by foreign persons within 1 mile or 100 miles of listed installations, and the list was expanded by a rule effective December 9, 2024.153 U.S. buyers without foreign ownership are generally not affected, but an attorney should confirm.
What is a sovereign cloud?
A sovereign cloud keeps data, operations and legal control inside one jurisdiction. AWS’s European Sovereign Cloud, launched in Brandenburg in January 2026, is described as separate from other AWS regions with controls preventing access from outside the EU.4
Is the federal government still building its own data centers?
Mostly it has been consolidating. Agencies closed 58 data centers in fiscal 2021 and reported $6.6 billion in cumulative savings and avoidance through that year, so much new federal capacity comes through cloud and contractor facilities.1112
Notes
- 1.Microsoft Azure Government, “Azure DoD Regions Accredited at Impact Level 5 and Now Generally Available,” 2017. devblogs.microsoft.com
- 2.Office of the Director of National Intelligence, “IC Tech Specs for Construction and Management of SCIFs, Version 1.5,” 2020. dni.gov
- 3.U.S. Department of the Treasury (Federal Register), “Definition of Military Installation and the List of Military Installations in the Regulations Pertaining to Certain Transactions by Foreign Persons Involving Real Estate in the United States,” 2024. govinfo.gov
- 4.Amazon Web Services, “AWS Launches AWS European Sovereign Cloud and Announces Expansion Across Europe,” 2026. businesswire.com
- 5.TechCrunch, “OpenAI teams up with Cisco, Oracle to build UAE data center,” 2025. techcrunch.com
- 6.In Compliance Magazine, “SCIF and Radio Frequency Secured Facility Design,” 2022. digital.incompliancemag.com
- 7.O’Melveny, “CFIUS Further Expands Real Estate Transactions Subject to National Security Reviews,” 2024. omm.com
- 8.MultiState, “Foreign Adversary Property Bans Advanced Across 38 States in 2025,” 2026. multistate.us
- 9.Mintz, “Increasing Regulation on Foreign Ownership of United States Real Estate: Navigating the Rapidly Evolving Landscape,” 2026. mintz.com
- 10.Khaleej Times, “UAE, Saudi Arabia to add up to 3GW of data centre power by 2030,” n.d. khaleejtimes.com
- 11.Nextgov/FCW, “Watchdog: Agencies are Close to Clearing All Data Center Recommendations,” 2023. nextgov.com
- 12.U.S. Government Accountability Office, “Data Center Optimization: Agencies Continue to Report Progress,” 2023. gao.gov
- 13.Amazon Web Services, “AWS Secret-West Region is now available,” 2025. aws.amazon.com
- 14.U.S. Army Corps of Engineers, “Engineering and Construction Bulletin 2019-1,” 2019. wbdg.org
- 15.Davis Polk, “Treasury issues proposed rule to expand CFIUS’s jurisdiction over real estate transactions,” 2024. davispolk.com
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This guide is general information about data center site selection. It is not engineering, legal, tax or investment advice. Requirements vary by state, utility and county, so confirm the specifics for any site with the relevant authorities and advisors.
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