S.Amdt. 2513

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.
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