II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLES. 

4 This Act may be cited as the ‘‘Stopping Adversaries 

5 From Exploring United States Facilities Act’’ or the 

6 ‘‘SAFE U.S. Facilities Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


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1 (1) COVERED AGENCY.—The term ‘‘covered 

2 agency’’ has the meaning given the term ‘‘executive 

3 agency’’ in section 133 of title 41, United States 

4 Code. 

5 (2) COVERED FOREIGN ENTITY.—The term 

6 ‘‘covered foreign entity’’ means— 

7 (A) the Government of the People’s Repub8 lic of China, the Communist Party of China, 

9 the People’s Liberation Army, the Ministry of 

10 State Security, any special administrative re11 gion of the People’s Republic of China, includ12 ing Hong Kong and Macau, or any other secu13 rity service or intelligence agency of the Peo14 ple’s Republic of China, including any host or 

15 harbor of any such entity, any enterprise owned 

16 by the People’s Republic of China, and any 

17 other firm tied to the People’s Republic of 

18 China; 

19 (B) the Government of the Russian Fed20 eration or any entity sanctioned by the Sec21 retary of the Treasury under Executive Order 

22 13662 (50 U.S.C. 1701 note; relating to block23 ing property of additional persons contributing 

24 to the situation in Ukraine); or 


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1 (C) the government of any country that 

2 the Secretary of State has determined has re3 peatedly provided support for acts of inter4 national terrorism pursuant to— 

5 (i) section 1754(c)(1)(A) of the Ex6 port Control Reform Act of 2018 (50 

7 U.S.C. 4813(c)(1)(A)); 

8 (ii) section 620A of the Foreign As9 sistance Act of 1961 (22 U.S.C. 2371); 

10 (iii) section 40 of the Arms Export 

11 Control Act (22 U.S.C. 2780); or 

12 (iv) any other provision of law. 

13 SEC. 3. PROHIBITION AGAINST HOSTING COVERED FOR14 EIGN ENTITIES AT CRITICAL TRANSPOR15 TATION FACILITIES AND CERTAIN SECURE 

16 FEDERAL FACILITIES. 

17 No Federal funds that have been appropriated or oth18 erwise made available for any covered agency may be obli19 gated or expended to host any official or unofficial visit, 

20 training, or joint exercise for any official representative 

21 of a covered foreign entity or of a state-owned enterprise 

22 of a covered foreign entity involving actions— 

23 (1) authorized under the SAFE Port Act (6 

24 U.S.C. 901 et seq.); 


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1 (2) authorized under subtitle VII of title 46, 

2 United States Code; 

3 (3) authorized under subtitle IV, V, or IX of 

4 title 49, United States Code; 

5 (4) authorized under chapter 449 of title 49, 

6 United State Code; or 

7 (5) taking place at any facility operated by the 

8 Department of Defense or the Department of Home9 land Security. 

10 SEC. 4. WITHHOLDING FEDERAL GRANTS FROM STATES, 

11 LOCAL GOVERNMENTS, AND NONGOVERN12 MENTAL ORGANIZATIONS THAT HOST COV13 ERED FOREIGN ENTITIES. 

14 (a) GOVERNMENT ENTITIES.—Except as provided in 

15 section 5, no Federal funds may be allocated to any State 

16 or local government entity that facilitates or funds private 

17 travel (including accommodations and transportation) for 

18 any official representative of a covered foreign entity if 

19 the primary purpose of such travel is to participate in or 

20 observe a joint exercise, tour, seminar, or meeting involv21 ing actions described in section 3. 

22 (b) NONGOVERNMENTAL ORGANIZATIONS.—Except 

23 as provided in section 5, no Federal funds may be dis24 bursed to an nongovernmental organization that facilitates 

25 or funds private travel (including accommodations and 


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1 transportation) for any official representative from a cov2 ered foreign entity if the primary purpose of such travel 

3 is to participate in or observe a joint exercise, tour, sem4 inar, or meeting involving actions described in section 3. 

5 (c) EFFECT OF EXISTING TREATIES.—The limita6 tions set forth in subsections (a) and (b) shall not be af7 fected by any treaty or agreement with any covered foreign 

8 entity that is in force as of the date of the enactment of 

9 this Act. 

10 SEC. 5. WAIVER. 

11 (a) IN GENERAL.—Subject to the limitations under 

12 subsection (b), the President may waive the conflict of in13 terest restrictions under this Act, on a case-by-case basis, 

14 if— 

15 (1) after consultation with the Secretary of De16 fense, the Secretary of Homeland Security, and the 

17 Director of National Intelligence, the President de18 termines such waiver to be in the national security 

19 interests of the United States; and 

20 (2) not later than 5 days before the effective 

21 period of such waiver, the head of the executive 

22 agency requesting such waiver submits a notification 

23 containing the information described in subsection 

24 (b)(3) to the congressional committees with jurisdic25 tion over such executive agency. 


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1 (b) LIMITATIONS.— 

2 (1) DURATION.—Each waiver granted pursuant 

3 to subsection (a) shall remain in effect for a period 

4 not to exceed 5 days. 

5 (2) NUMBER.—Not more than 1 waiver may be 

6 active at any given time. 

7 (3) OCCURRENCE.—Each waiver granted pursu8 ant to subsection (a)— 

9 (A) shall only apply to a single event; and 

10 (B) may not be applied to annually reoc11 curring events or events that do not happen on 

12 consecutive days. 

13 (4) NOTIFICATION REQUIREMENTS.—The noti14 fication required under subsection (a)(2) shall in15 clude information regarding the nature of the event 

16 requiring the waiver, including— 

17 (A) the justification of the executive agen18 cy’s need for requesting the waiver; 

19 (B) an assessment that weighs the benefits 

20 against the risks for the event; 

21 (C) the projected and actual dollar value of 

22 hosting the event; 

23 (D) what covered agency, organization, or 

24 entity is covering the cost of the event; 

25 (E) the location of the event; 


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1 (F) the nature of and reason for the event; 

2 (G) the date and duration of the event; 

3 (H) the name and nationality of each for4 eign representative attending the event; 

5 (I) any military or intelligence application 

6 risks that could be impacted as a result of the 

7 waiver; and 

8 (J) an acceptable management oversight 

9 plan to ensure that the event with the covered 

10 foreign entity does not— 

11 (i) compromise the safety of United 

12 States citizens; or 

13 (ii) harm the national security of the 

14 United States. 

Æ 


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