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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3974 Introduced in House (IH)]
<DOC>
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 Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Our Airspace from
Reconnaissance Act of 2023''.
SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES AND OPERATION
OF UNMANNED AIRCRAFT SYSTEMS FROM FOREIGN ENTITIES.
(a) In General.--Beginning on the first October 1 that occurs after
the date of the enactment of this Act and except as provided in
subsections (b) and (c), Federal funds may not be awarded through a
contract, grant, or cooperative agreement, or otherwise made
available--
(1) to purchase an unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such unmanned
aircraft system.
(b) Exemptions.--The Secretary of Homeland Security, the Secretary
of Defense, the Director of National Intelligence, and the Attorney
General are exempt from the restriction under subsection (a) if the
procurement is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an
unmanned aircraft system or counter-unmanned aircraft system
technology; or
(3) is an unmanned aircraft system that, as procured or as
modified after procurement but before operational use, can no
longer transfer to, or download data from, a covered foreign
entity and otherwise poses no national security cybersecurity
risks as determined by the exempting official.
(c) Waiver.--The head of an agency may waive the prohibition under
subsection (a) on a case-by-case basis for a year, which may be
renewed--
(1) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(d) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Covered foreign entity.--The term ``covered foreign
entity'' means any entity in the following categories:
(A) An entity included on the Consolidated
Screening List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security in coordination with
the Secretary of State.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Attorney General, the Director
of National Intelligence, and the Secretary of Defense,
determines poses a risk to the national security of the
United States.
(D) Any entity domiciled in the People's Republic
of China or subject to influence or control by the
Government of the People's Republic of China or the
Communist Party of the People's Republic of China, as
determined by the Secretary of Homeland Security in
coordination with the Secretary of State.
(E) Any entity domiciled in the People's Republic
of China that is involved in the implementation of
military-civil fusion, participates in the Chinese
defense industrial base, is affiliated with the Chinese
State Administration for Science, Technology, and
Industry for the National Defense, receives funding
from any organization subordinate to the Central
Military Commission of the Chinese Communist Party, or
provides support to any security, defense, police, or
intelligence organization of the Government of the
People's Republic of China or the Chinese Communist
Party.
(F) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (E).
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the
meanings given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(4) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given that term in section 44801 of
title 49, United States Code.
SEC. 3. INCREASE TO DOMESTIC PRODUCTION OF UNMANNED AIRCRAFT SYSTEMS.
The Secretary of Defense is directed to take such action as
necessary to increase the domestic production of unmanned aircraft
systems (as defined in section 2(d) of this Act).
<all>
Introduced in House
Introduced in House
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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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