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S 4461

Visual Protection of Strategic Assets Act

119th Congress Introduced by Tom Cotton

The bill strengthens penalties and expands protections by prohibiting photographing or tracking DoD high-value assets and Tier-1 installations, with public asset lists and signage.

Introduced in Senate
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Bill Summary · S 4461

Overview

  • Bill: S.4461 (119th Congress, 2nd Session)
  • Title: Visual Protection of Strategic Assets Act
  • Introduced in the Senate by Tom Cotton on April 30, 2026
  • Objective: Strengthen the prohibition on espionage by expanding crimes related to photographing, videoing, or tracking sensitive military assets and installations, with enhanced penalties and additional security controls.

Purpose and Intent

  • To amend chapter 37 of title 18, United States Code, to improve protections against espionage by restricting the handling and surveillance of high-value military assets and tier-1 installations.
  • Establishes a defined framework for identifying sensitive assets and critical installations and provides stronger legal consequences for violations, including stricter penalties for foreign individuals and for those involving high-value targets.

Key Provisions and Changes

Section 2(a) – Expanded definitions and targets

  • Adds new subsection (i) to Section 793 (espionage) defining:
    • Country of concern: North Korea, China, Russia, Iran.
    • Covered person: Citizen/national of a country of concern or someone acting on their behalf.
    • High-value asset: Asset on a DoD-maintained list (examples include specific aircraft and nuclear command platforms).
    • Tier-1 installation: Military installation designated by the DoD (in coordination with Joint Chiefs and service secretaries) that houses, supports, or is critical to high-value assets or national strategic missions.
  • Establishes a rebuttable presumption that a covered person who photographs, videos, or tracks a high-value asset or tier-1 installation with the intent or reason to believe it would injure the United States or advantage a foreign nation can be presumed to pose a risk.

  • Allows a covered person to rebut the presumption with clear and convincing evidence showing prior approval from the Secretary of Defense.

  • Requires the Secretary of Defense to maintain a public list of high-value assets (including named examples: E-4B Nightwatch, RC-135, B-2 Spirit, B-1 Lancer, and nuclear command platforms) and to designate tier-1 installations.

  • Mandates annual public updates to the lists.

  • Requires visible signage and markers identifying high-value assets and tier-1 installations, and a prohibition statement against photography and surveillance.

Section 2(b) – Modernization of Section 795 (photography and sketching of defense installations)

  • Updates the wording to cover modern forms of visual information:
    • Includes photographs (including digital), videos (including online/streaming), and visually enhanced intelligence (as defined by the National AI Initiative Act).
  • Strengthens penalties:
    • General violation: fines and up to 1 year imprisonment.
    • Involvement of a high-value asset or tier-1 installation: up to 7 years imprisonment (and fines).
    • If the violator is a citizen or national of a country of concern: 5 to 10 years imprisonment (and fines).
  • Adds forfeiture: any device used in the violation is forfeitable to the United States.

  • Civil penalty: up to $100,000 per violation.

  • Visa consequences: Any citizen or national of a country of concern convicted under Section 795 (as amended) would have visa revocation under INA § 221(i) and be placed in removal proceedings under INA §§ 239–240.

Who Would Be Affected

  • Individuals who photograph, video, or track DoD high-value assets or tier-1 installations, including both U.S. persons and foreigners.
  • Citizens or nationals of countries of concern (DPRK, PRC, Russia, Iran) face enhanced penalties and possible visa revocation/removal if convicted.
  • DoD and U.S. defense infrastructure, by designating and publicly listing high-value assets and tier-1 installations.

Procedural and Timeline Aspects

  • Status: Introduced in the Senate and referred to the Committee on the Judiciary (as of the date shown).
  • Effective timeline details (e.g., implementation dates, notice requirements) are not specified in the text provided beyond the requirement for annual public updates and signage.
  • Public lists of high-value assets and tier-1 installations would be updated at least annually and publicly accessible.

Potential Impact

  • Heightened risk deterrence against unauthorized surveillance of critical military assets.
  • Clear legal framework with enhanced penalties for foreign-aligned actors and for targeting high-value assets and tier-1 installations.
  • Increased transparency through public asset and installation listings and visible markings.
  • Tangible consequences for violations, including potential criminal, civil, and immigration-related actions.

If you’d like, I can add a brief comparison to current law (18 U.S.C. 793 and 795) to highlight how the new provisions expand scope and penalties.

Compiled from official sources — confirm details with the bill’s official record.

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