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”.
Stopping Adversaries From Exploring United States Facilities Act
A BILL
To restrict Federal funding for events giving adversary foreign entities access to critical transportation infrastructure or military facilities.
Sec. 2 Definitions
In this Act:
Covered agency— The term covered agency has the meaning given the term “executive agency” in section 133 of title 41, United States Code.
Covered foreign entity— The term covered foreign entity means—
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;
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
the government of any country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to—
section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
section 40 of the Arms Export Control Act (22 U.S.C. 2780); or
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—
authorized under the SAFE Port Act (6 U.S.C. 901 et seq.);
authorized under subtitle VII of title 46, United States Code;
authorized under subtitle IV, V, or IX of title 49, United States Code;
authorized under chapter 449 of title 49, United State Code; or
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
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.
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.
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
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—
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
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.
Limitations—
Duration— Each waiver granted pursuant to subsection (a) shall remain in effect for a period not to exceed 5 days.
Number— Not more than 1 waiver may be active at any given time.
Occurrence— Each waiver granted pursuant to subsection (a)—
shall only apply to a single event; and
may not be applied to annually reoccurring events or events that do not happen on consecutive days.
Notification requirements— The notification required under subsection (a)(2) shall include information regarding the nature of the event requiring the waiver, including—
the justification of the executive agency’s need for requesting the waiver;
an assessment that weighs the benefits against the risks for the event;
the projected and actual dollar value of hosting the event;
what covered agency, organization, or entity is covering the cost of the event;
the location of the event;
the nature of and reason for the event;
the date and duration of the event;
the name and nationality of each foreign representative attending the event;
any military or intelligence application risks that could be impacted as a result of the waiver; and
an acceptable management oversight plan to ensure that the event with the covered foreign entity does not—
compromise the safety of United States citizens; or
harm the national security of the United States.