What This Bill Does
This bill holds China accountable for sending surveillance balloons into U.S. airspace and the airspace of over 40 countries. The bill directs the U.S. government to work with international allies to pressure China to stop this surveillance program and imposes sanctions and export controls related to balloon technology.
Who It Affects
Chinese individuals who manage China's surveillance balloon program, Chinese entities involved in balloon technology, U.S. government agencies (State Department, Defense Department, Commerce Department, intelligence officials), U.S. allies and international organizations including the United Nations.
Key Provisions
- The Secretary of State must develop a diplomatic strategy within 180 days to inform allies about China's surveillance program and build international pressure to stop it (Sec. 4(a))
- The Secretary of State must report to Congress within 180 days describing the diplomatic strategy and steps taken to address the balloon program (Sec. 4(b))
- The Secretary of Commerce must evaluate export controls on aerospace technology including balloons and materials used by China's military within 180 days and report findings to Congress (Sec. 5(a))
- The President may impose sanctions 180 days after the bill becomes law on Chinese individuals directly managing China's surveillance balloon program, including blocking their property in the U.S. and revoking their visas (Sec. 6(a) and 6(b))
What Changes
The U.S. government gains new authority to impose sanctions on Chinese officials running the balloon program and must evaluate new export controls on balloon-related technology. The government commits to coordinating with international partners and sharing intelligence about China's surveillance activities.
Important Definitions
The bill defines "good" as any article, substance, material, supply or manufactured product, including inspection and test equipment, but excluding technical data (Sec. 6(d)(2)).
Effective Date
Sanctions may be imposed 180 days after the bill becomes law. Diplomatic strategy, export control evaluation and reports must be submitted within 180 days after enactment (Sec. 4(b) and Sec. 5(a)).
IIB
118TH CONGRESS
1ST SESSION H. R. 1151
IN THE SENATE OF THE UNITED STATES
APRIL 18, 2023
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
To hold the People’s Republic of China accountable for the
violation of United States airspace and sovereignty with
its high-altitude surveillance balloon.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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HR 1151 RFS
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Upholding Sovereignty
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of Airspace Act’’ or the ‘‘USA Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) According to the Department of State, sur-
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veillance balloons owned and operated by the Peo-
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ple’s Republic of China (PRC) have entered United
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States airspace multiple times since 2017 and have
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violated the airspace of more than 40 countries
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across 5 continents.
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(2) On February 10, 2023, the Department of
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Commerce, Bureau of Industry and Security issued
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a final rule (88 Fed. Reg. 9389) that added 6 PRC
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entities to the Entity List for supporting the PRC’s
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military modernization efforts related to aerospace
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programs, including airships and balloons and re-
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lated materials and components, that are used by
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the People’s Liberation Army for intelligence and re-
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connaissance.
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(3) The PRC’s response has been to use misin-
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formation and propaganda to deflect blame for the
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illegal surveillance activities of these balloons.
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SEC. 3. SENSE OF CONGRESS.
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It is the sense of Congress that—
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(1) the presence of the PRC’s high altitude sur-
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veillance balloon over United States airspace was an
2
unacceptable violation of United States sovereignty;
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(2) the United States should continue to neu-
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tralize foreign aerial surveillance assets that are in
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United States airspace after consideration of civilian
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aviation safety, safety of United States civilians and
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property on the ground, as well as the intelligence
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collection risk and opportunity posed by such intru-
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sions;
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(3) the PRC’s global balloon surveillance pro-
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gram blatantly undermines countries’ sovereignty
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and poses a threat to countries around the world;
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(4) the PRC should cease efforts to spread mis-
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information and propaganda about its intelligence-
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collection efforts;
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(5) the United States Government should con-
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tinue to share information about the PRC’s global
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surveillance efforts with allies and partners and
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should work jointly to hold the PRC accountable for
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its illegal surveillance actions, including at multilat-
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eral fora;
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(6) the United Nations should condemn the
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PRC’s violation, through its global surveillance bal-
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loon program, of the sovereignty of member states of
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the United Nations and call on the PRC to ensure
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its balloons do not violate sovereign airspace again;
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(7) the International Civil Aviation Organiza-
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tion (ICAO) should condemn the PRC for this viola-
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tion of airspace and the PRC’s ICAO commitments;
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and
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(8) as consistent with international law, the
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United States should use regulatory and enforce-
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ment tools to protect national security and sov-
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ereignty by identifying and disrupting the PRC’s use
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of surveillance balloons.
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SEC. 4. INTERNATIONAL COORDINATION AND PRESSURE.
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(a) DIPLOMATIC
STRATEGY.—The Secretary of
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State, in consultation with the Director of National Intel-
14
ligence and the United States Permanent Representative
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to the United Nations, shall develop a diplomatic strategy
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to inform allies and partners of the scope of the PRC sur-
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veillance program and build global consensus in order to
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address the PRC’s global surveillance balloon program, in-
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cluding by—
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(1) using the voice of the United States at the
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International Civil Aviation Organization to support
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Taiwan’s participation in the events and meetings of
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that Organization;
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HR 1151 RFS
(2) sharing intelligence, as appropriate about
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the PRC’s global balloon program and its past viola-
2
tion of the sovereign airspace of allies and partners;
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(3) coordinating with United States allies and
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partners to identify and track future PRC surveil-
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lance balloons, counter PRC propaganda and misin-
6
formation about its global surveillance program, and
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publicly share any future violations of sovereignty;
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(4) using the voice, vote, and influence of the
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United States at the United Nations and other
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international and regional organizations to spur
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greater diplomatic pressure on the PRC to halt its
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surveillance collection operations that violate inter-
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national sovereignty;
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(5) raising the challenges posed by the PRC’s
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global surveillance balloon program at major multi-
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lateral forums, including at the G7 and G20 sum-
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mits; and
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(6) coordinating with allies and partners on the
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imposition and implementation of substantially simi-
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lar sanctions and export controls to ensure that com-
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modities, software, or technology from the United
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States and its allies and partners are not supporting
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the PRC’s global surveillance efforts.
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(b) REPORT.—Not later than 180 days after the date
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of the enactment of this Act, the Secretary of State, in
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consultation with the Director of National Intelligence and
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the United States Permanent Representative to the
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United Nations, shall submit to the appropriate congres-
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sional committees a report that outlines the strategy devel-
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oped pursuant to subsection (a) and describes in detail
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the various steps taken by the United States in line with
8
said strategy.
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(c) BRIEFING.—Not later than 180 days after the
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date of the enactment of this Act, the relevant officials
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of the Department of Defense shall provide to the appro-
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priate congressional committees a classified briefing on
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other Unidentified Flying Objects that have entered
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United States airspace beginning on January 20, 2017,
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and ending on such date of enactment.
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(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—
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In this section, the term ‘‘appropriate congressional com-
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mittees’’ means—
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(1) the Committee on Foreign Affairs and the
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Permanent Select Committee on Intelligence of the
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House of Representatives; and
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(2) the Committee on Foreign Relations and
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the Select Committee on Intelligence of the Senate.
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SEC. 5. IMPOSITION OF EXPORT CONTROLS.
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(a) IN GENERAL.—The Secretary of Commerce shall
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evaluate, for appropriate controls under the Export Ad-
3
ministration Regulations, the export, reexport, and in-
4
country transfer of the items and technologies subject to
5
United States jurisdiction related to aerospace programs,
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including airships and balloons and related materials and
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components, that are used by the People’s Liberation
8
Army for intelligence and reconnaissance, and not later
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than 180 days after the enactment of this Act submit a
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report to the appropriate congressional committees that
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includes—
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(1) a description of the types of items and tech-
13
nologies that were evaluated for potential controls
14
with respect to this section; and
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(2) a list of the controls that BIS has imple-
16
mented or plans to implement because of its evalua-
17
tion under this section.
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(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—
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In this section, the term ‘‘appropriate congressional com-
20
mittees’’ means the Committee on Foreign Affairs of the
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House of Representatives and the Committee on Banking,
22
Housing, and Urban Affairs of the Senate.
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SEC. 6. IMPOSITION OF SANCTIONS.
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(a) IMPOSITION OF SANCTIONS.—On and after the
25
date that is 180 days after the date of the enactment of
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this Act, the President may impose the sanctions described
1
in subsection (b) with respect to any PRC individual the
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President determines is directly managing and overseeing
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the PRC’s global surveillance balloon program.
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(b) SANCTIONS DESCRIBED.—The sanctions that
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may be imposed with respect to a foreign person described
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in subsection (a) are the following:
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(1) PROPERTY
BLOCKING.—Notwithstanding
8
the requirements of section 202 of the International
9
Emergency Economic Powers Act (50 U.S.C. 1701),
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the President may exercise of all powers granted to
11
the President by that Act to the extent necessary to
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block and prohibit all transactions in all property
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and interests in property of the foreign person if
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such property and interests in property are in the
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United States, come within the United States, or are
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or come within the possession or control of a United
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States person.
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(2) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
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SION, OR PAROLE.—
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(A) IN GENERAL.—An alien described in
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subsection (a) is—
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(i) inadmissible to the United States;
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(ii) ineligible for a visa or travel to the
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United States; and
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HR 1151 RFS
(iii) otherwise ineligible to be admitted
1
or paroled into the United States or to re-
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ceive any other benefit under the Immigra-
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tion and Nationality Act (8 U.S.C. 1101 et
4
seq.).
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(B) CURRENT VISAS REVOKED.—
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(i) IN GENERAL.—The visa or other
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documentation issued to an alien described
8
in subsection (a) shall be revoked, regard-
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less of when such visa or other documenta-
10
tion is or was issued.
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(ii) EFFECT OF REVOCATION.—A visa
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or other entry documentation revoked
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under clause (i) shall, in accordance with
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section 221(i) of the Immigration and Na-
15
tionality Act (8 U.S.C. 1201(i)), no longer
16
be valid for travel to the United States.
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(c) EXCEPTIONS.—
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(1) EXCEPTION FOR INTELLIGENCE, LAW EN-
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FORCEMENT,
AND
NATIONAL
SECURITY
ACTIVI-
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TIES.—Sanctions under this section shall not apply
21
to any authorized intelligence, law enforcement, or
22
national security activities of the United States.
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(2) EXCEPTION TO COMPLY WITH UNITED NA-
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TIONS
HEADQUARTERS
AGREEMENT.—Sanctions
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HR 1151 RFS
under subsection (b)(3) shall not apply with respect
1
to the admission of an alien to the United States if
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the admission of the alien is necessary to permit the
3
United States to comply with the Agreement regard-
4
ing the Headquarters of the United Nations, signed
5
at Lake Success June 26, 1947, and entered into
6
force November 21, 1947, between the United Na-
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tions and the United States, the Convention on Con-
8
sular Relations, done at Vienna April 24, 1963, and
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entered into force March 19, 1967, or other applica-
10
ble international obligations.
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(d) EXCEPTION RELATING
TO IMPORTATION
OF
12
GOODS.—
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(1) IN GENERAL.—The authorities and require-
14
ments to impose sanctions authorized under this sec-
15
tion shall not include the authority or requirement
16
to impose sanctions on the importation of goods.
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(2) GOOD
DEFINED.—In this subsection, the
18
term ‘‘good’’ means any article, natural or man-
19
made substance, material, supply or manufactured
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product, including inspection and test equipment,
1
and excluding technical data.
2
Passed the House of Representatives April 17, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.
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