[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4788 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4788
To restrict Federal funding for events giving adversary foreign
entities access to critical transportation infrastructure or military
facilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2024
Mr. Scott of Florida (for himself and Mr. Rubio) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To restrict Federal funding for events giving adversary foreign
entities access to critical transportation infrastructure or military
facilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Stopping Adversaries From Exploring
United States Facilities Act'' or the ``SAFE U.S. Facilities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered agency.--The term ``covered agency'' has the
meaning given the term ``executive agency'' in section 133 of
title 41, United States Code.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means--
(A) the Government of the People's Republic of
China, the Communist Party of China, the People's
Liberation Army, the Ministry of State Security, any
special administrative region of the People's Republic
of China, including Hong Kong and Macau, or any other
security service or intelligence agency of the People's
Republic of China, including any host or harbor of any
such entity, any enterprise owned by the People's
Republic of China, and any other firm tied to the
People's Republic of China;
(B) the Government of the Russian Federation or any
entity sanctioned by the Secretary of the Treasury
under Executive Order 13662 (50 U.S.C. 1701 note;
relating to blocking property of additional persons
contributing to the situation in Ukraine); or
(C) the government of any country that the
Secretary of State has determined has repeatedly
provided support for acts of international terrorism
pursuant to--
(i) section 1754(c)(1)(A) of the Export
Control Reform Act of 2018 (50 U.S.C.
4813(c)(1)(A));
(ii) section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371);
(iii) section 40 of the Arms Export Control
Act (22 U.S.C. 2780); or
(iv) any other provision of law.
SEC. 3. PROHIBITION AGAINST HOSTING COVERED FOREIGN ENTITIES AT
CRITICAL TRANSPORTATION FACILITIES AND CERTAIN SECURE
FEDERAL FACILITIES.
No Federal funds that have been appropriated or otherwise made
available for any covered agency may be obligated or expended to host
any official or unofficial visit, training, or joint exercise for any
official representative of a covered foreign entity or of a state-owned
enterprise of a covered foreign entity involving actions--
(1) authorized under the SAFE Port Act (6 U.S.C. 901 et
seq.);
(2) authorized under subtitle VII of title 46, United
States Code;
(3) authorized under subtitle IV, V, or IX of title 49,
United States Code;
(4) authorized under chapter 449 of title 49, United State
Code; or
(5) taking place at any facility operated by the Department
of Defense or the Department of Homeland Security.
SEC. 4. WITHHOLDING FEDERAL GRANTS FROM STATES, LOCAL GOVERNMENTS, AND
NONGOVERNMENTAL ORGANIZATIONS THAT HOST COVERED FOREIGN
ENTITIES.
(a) Government Entities.--Except as provided in section 5, no
Federal funds may be allocated to any State or local government entity
that facilitates or funds private travel (including accommodations and
transportation) for any official representative of a covered foreign
entity if the primary purpose of such travel is to participate in or
observe a joint exercise, tour, seminar, or meeting involving actions
described in section 3.
(b) Nongovernmental Organizations.--Except as provided in section
5, no Federal funds may be disbursed to an nongovernmental organization
that facilitates or funds private travel (including accommodations and
transportation) for any official representative from a covered foreign
entity if the primary purpose of such travel is to participate in or
observe a joint exercise, tour, seminar, or meeting involving actions
described in section 3.
(c) Effect of Existing Treaties.--The limitations set forth in
subsections (a) and (b) shall not be affected by any treaty or
agreement with any covered foreign entity that is in force as of the
date of the enactment of this Act.
SEC. 5. WAIVER.
(a) In General.--Subject to the limitations under subsection (b),
the President may waive the conflict of interest restrictions under
this Act, on a case-by-case basis, if--
(1) after consultation with the Secretary of Defense, the
Secretary of Homeland Security, and the Director of National
Intelligence, the President determines such waiver to be in the
national security interests of the United States; and
(2) not later than 5 days before the effective period of
such waiver, the head of the executive agency requesting such
waiver submits a notification containing the information
described in subsection (b)(3) to the congressional committees
with jurisdiction over such executive agency.
(b) Limitations.--
(1) Duration.--Each waiver granted pursuant to subsection
(a) shall remain in effect for a period not to exceed 5 days.
(2) Number.--Not more than 1 waiver may be active at any
given time.
(3) Occurrence.--Each waiver granted pursuant to subsection
(a)--
(A) shall only apply to a single event; and
(B) may not be applied to annually reoccurring
events or events that do not happen on consecutive
days.
(4) Notification requirements.--The notification required
under subsection (a)(2) shall include information regarding the
nature of the event requiring the waiver, including--
(A) the justification of the executive agency's
need for requesting the waiver;
(B) an assessment that weighs the benefits against
the risks for the event;
(C) the projected and actual dollar value of
hosting the event;
(D) what covered agency, organization, or entity is
covering the cost of the event;
(E) the location of the event;
(F) the nature of and reason for the event;
(G) the date and duration of the event;
(H) the name and nationality of each foreign
representative attending the event;
(I) any military or intelligence application risks
that could be impacted as a result of the waiver; and
(J) an acceptable management oversight plan to
ensure that the event with the covered foreign entity
does not--
(i) compromise the safety of United States
citizens; or
(ii) harm the national security of the
United States.
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