[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4839-S4840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2513. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title X, add the following:

     SEC. 1035. RESTRICTING FOREIGN AGENTS FROM FEDERAL AND SECURE 
                   TRANSPORTATION FACILITIES.

       (a) Short Title.--This section may be cited as the ``Keep 
     Enemies Away Act of 2024''.
       (b) Purpose.--The purpose of this section is to enhance 
     national security by prohibiting access to secure facilities 
     by any individual who is an agent of any country that--
       (1) has been designated as a state sponsor of terrorism;
       (2) has been designated as a not fully cooperating country; 
     or
       (3) provides save haven to fugitives from the United States 
     judicial system.
       (c) Definitions.--In this section:
       (1) Country of concern.--The term ``country of concern'' 
     means--
       (A) a state sponsor of terrorism;
       (B) a not fully cooperating country; and
       (C) a country that provides safe haven to fugitives from 
     the United States judicial system.
       (2) Federal agency.--The term ``Federal agency'' means any 
     department, agency, or instrumentality of the United States 
     Government.
       (3) Not fully cooperating country.--The term ``not fully 
     cooperating country'' means a country that has been 
     designated by the Secretary of State as not fully cooperating 
     with United States counterterrorism efforts.
       (4) Secure location.--The term ``secure location'' means 
     any nonpublic area at an airport, seaport, or military 
     installation of the United States.
       (5) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means a country that has been designated by 
     the Secretary of State as having repeatedly provided support 
     for acts of international terrorism pursuant to--
       (A) section 1754(c) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(c));
       (B) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (D) any other provision of law.
       (d) Exclusion of Certain Foreign Agents From Secure 
     Locations.--
       (1) In general.--Except as provided in paragraph (2), an 
     individual may not be permitted to occupy any secure location 
     if such individual is an agent of a country of concern.
       (2) Exception.--The prohibition under paragraph (1) may be 
     waived in circumstances in which the presence of a foreign 
     agent in a secure location is required

[[Page S4840]]

     for law enforcement or immigration purposes.
       (e) Enforcement.--
       (1) In general.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Defense and the Director 
     of National Intelligence, shall enforce this section by--
       (A) notifying the heads of any entity responsible for a 
     secure location of the prohibition described in subsection 
     (d);
       (B) conducting regular audits and assessments to ensure 
     compliance with such prohibition; and
       (C) ensuring that violators of such prohibition are 
     subjected to appropriate legal and administrative actions.
       (2) Periodic reports.--
       (A) In general.--Not later than 30 days after any violation 
     of subsection (d), the head of entity responsible for 
     operating the secure location at which the violation occurred 
     shall submit a report to the Federal agency responsible for 
     regulating the facility on which such secure location is 
     located and to the congressional committees with oversight 
     jurisdiction over such Federal agency.
       (B) Contents.--Each report submitted pursuant to 
     subparagraph (A) shall describe the circumstances surrounding 
     the violation, including--
       (i) the position and country of the foreign agent who 
     unlawfully occupied the secure location;
       (ii) the individual who authorized such unlawful 
     occupation, if applicable, and any justification for such 
     authorization; and
       (iii) any remedial steps that were taken to discipline such 
     individual or prevent such violation from reoccurring.
       (f) Effective Date; Sunset.--
       (1) Effective date.--This section shall take effect on the 
     date that is 60 days after the date of the enactment of this 
     Act.
       (2) Sunset.--This section shall cease to have force or 
     effect beginning on the date that is 10 years after the date 
     of the enactment of this Act.
                                 ______