[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4788 Introduced in Senate (IS)]

<DOC>






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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