Securing Our Airspace from Reconnaissance Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3974 To prohibit the use of Federal funds for unmanned aircraft systems from foreign entities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 9, 2023 Mr. JOYCE of Ohio (for himself, Mr. AUCHINCLOSS, Mr. GOODEN of Texas, Mr. MILLER of Ohio, Mr. FITZPATRICK, and Mr. SMITH of New Jersey) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To prohibit the use of Federal funds for unmanned aircraft systems from foreign entities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing Our Airspace 4 from Reconnaissance Act of 2023’’. 5 VerDate Sep 11 2014 02:31 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3974 IH SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR 1 PURCHASES AND OPERATION OF UNMANNED 2 AIRCRAFT SYSTEMS FROM FOREIGN ENTI- 3 TIES. 4 (a) IN GENERAL.—Beginning on the first October 1 5 that occurs after the date of the enactment of this Act 6 and except as provided in subsections (b) and (c), Federal 7 funds may not be awarded through a contract, grant, or 8 cooperative agreement, or otherwise made available— 9 (1) to purchase an unmanned aircraft system 10 that is manufactured or assembled by a covered for- 11 eign entity; or 12 (2) in connection with the operation of such un- 13 manned aircraft system. 14 (b) EXEMPTIONS.—The Secretary of Homeland Se- 15 curity, the Secretary of Defense, the Director of National 16 Intelligence, and the Attorney General are exempt from 17 the restriction under subsection (a) if the procurement is 18 required in the national interest of the United States 19 and— 20 (1) is for the sole purposes of research, evalua- 21 tion, training, testing, or analysis for electronic war- 22 fare, information warfare operations, cybersecurity, 23 or development of unmanned aircraft system or 24 counter-unmanned aircraft system technology; 25 VerDate Sep 11 2014 02:31 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3974 IH (2) is for the sole purposes of conducting 1 counterterrorism or counterintelligence activities, 2 protective missions, or Federal criminal or national 3 security investigations, including forensic examina- 4 tions, or for electronic warfare, information warfare 5 operations, cybersecurity, or development of an un- 6 manned aircraft system or counter-unmanned air- 7 craft system technology; or 8 (3) is an unmanned aircraft system that, as 9 procured or as modified after procurement but be- 10 fore operational use, can no longer transfer to, or 11 download data from, a covered foreign entity and 12 otherwise poses no national security cybersecurity 13 risks as determined by the exempting official. 14 (c) WAIVER.—The head of an agency may waive the 15 prohibition under subsection (a) on a case-by-case basis 16 for a year, which may be renewed— 17 (1) with the approval of the Secretary of Home- 18 land Security or the Secretary of Defense; and 19 (2) upon notification to Congress. 20 (d) DEFINITIONS.—In this section: 21 (1) AGENCY.—The term ‘‘agency’’ has the 22 meaning given that term in section 551 of title 5, 23 United States Code. 24 VerDate Sep 11 2014 02:31 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3974 IH (2) COVERED FOREIGN ENTITY.—The term 1 ‘‘covered foreign entity’’ means any entity in the fol- 2 lowing categories: 3 (A) An entity included on the Consolidated 4 Screening List. 5 (B) Any entity that is subject to 6 extrajudicial direction from a foreign govern- 7 ment, as determined by the Secretary of Home- 8 land Security in coordination with the Secretary 9 of State. 10 (C) Any entity the Secretary of Homeland 11 Security, in coordination with the Attorney 12 General, the Director of National Intelligence, 13 and the Secretary of Defense, determines poses 14 a risk to the national security of the United 15 States. 16 (D) Any entity domiciled in the People’s 17 Republic of China or subject to influence or 18 control by the Government of the People’s Re- 19 public of China or the Communist Party of the 20 People’s Republic of China, as determined by 21 the Secretary of Homeland Security in coordi- 22 nation with the Secretary of State. 23 (E) Any entity domiciled in the People’s 24 Republic of China that is involved in the imple- 25 VerDate Sep 11 2014 02:31 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3974 IH mentation of military-civil fusion, participates 1 in the Chinese defense industrial base, is affili- 2 ated with the Chinese State Administration for 3 Science, Technology, and Industry for the Na- 4 tional Defense, receives funding from any orga- 5 nization subordinate to the Central Military 6 Commission of the Chinese Communist Party, 7 or provides support to any security, defense, po- 8 lice, or intelligence organization of the Govern- 9 ment of the People’s Republic of China or the 10 Chinese Communist Party. 11 (F) Any subsidiary or affiliate of an entity 12 described in subparagraphs (A) through (E). 13 (3) INTELLIGENCE; INTELLIGENCE COMMU- 14 NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 15 community’’ have the meanings given those terms in 16 section 3 of the National Security Act of 1947 (50 17 U.S.C. 3003). 18 (4) UNMANNED AIRCRAFT SYSTEM.—The term 19 ‘‘unmanned aircraft system’’ has the meaning given 20 that term in section 44801 of title 49, United States 21 Code. 22 VerDate Sep 11 2014 02:31 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3974.IH H3974 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3974 IH SEC. 3. INCREASE TO DOMESTIC PRODUCTION OF UN- 1 MANNED AIRCRAFT SYSTEMS. 2 The Secretary of Defense is directed to take such ac- 3 tion as necessary to increase the domestic production of 4 unmanned aircraft systems (as defined in section 2(d) of 5 this Act). 6 Æ VerDate Sep 11 2014 02:31 Jul 09, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3974.IH H3974 kjohnson on DSK79L0C42PROD with BILLS