[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3974 Introduced in House (IH)]

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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).
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