118 HR 3974 IH: Securing Our Airspace from Reconnaissance Act of 2023 U.S. House of Representatives 2023-06-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 3974IN THE HOUSE OF REPRESENTATIVESJune 9, 2023Mr. 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 concernedA BILLTo prohibit the use of Federal funds for unmanned aircraft systems from foreign entities, and for other purposes.

1.

Short title

This Act may be cited as the Securing Our Airspace from Reconnaissance Act of 2023.

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.

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).