[Congressional Record Volume 169, Number 63 (Monday, April 17, 2023)]
[House]
[Pages H1735-H1738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 UPHOLDING SOVEREIGNTY OF AIRSPACE ACT

  Mr. MAST. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1151) to hold the People's Republic of China accountable for the 
violation of United States airspace and sovereignty with its high-
altitude surveillance balloon, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1151

       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 ``Upholding Sovereignty of 
     Airspace Act'' or the ``USA Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) According to the Department of State, surveillance 
     balloons owned and operated by the People's Republic of China 
     (PRC) have entered United States airspace multiple times 
     since 2017 and have violated the airspace of more than 40 
     countries across 5 continents.
       (2) On February 10, 2023, the Department of Commerce, 
     Bureau of Industry and Security issued a final rule (88 Fed. 
     Reg. 9389) that added 6 PRC entities to the Entity List for 
     supporting the PRC's military modernization efforts related 
     to aerospace programs, including airships and balloons and 
     related materials and components, that are used by the 
     People's Liberation Army for intelligence and reconnaissance.
       (3) The PRC's response has been to use misinformation and 
     propaganda to deflect blame for the illegal surveillance 
     activities of these balloons.

     SEC. 3. SENSE OF CONGRESS.

        It is the sense of Congress that--
       (1) the presence of the PRC's high altitude surveillance 
     balloon over United States airspace was an unacceptable 
     violation of United States sovereignty;
       (2) the United States should continue to neutralize foreign 
     aerial surveillance assets that are in United States airspace 
     after consideration of civilian aviation safety, safety of 
     United States civilians and property on the ground, as well 
     as the intelligence collection risk and opportunity posed by 
     such intrusions;
       (3) the PRC's global balloon surveillance program blatantly 
     undermines countries' sovereignty and poses a threat to 
     countries around the world;
       (4) the PRC should cease efforts to spread misinformation 
     and propaganda about its intelligence-collection efforts;
       (5) the United States Government should continue to share 
     information about the PRC's global surveillance efforts with 
     allies and partners and should work jointly to hold the PRC 
     accountable for its illegal surveillance actions, including 
     at multilateral fora;
       (6) the United Nations should condemn the PRC's violation, 
     through its global surveillance balloon program, of the 
     sovereignty of member states of the United Nations and call 
     on the PRC to ensure its balloons do not violate sovereign 
     airspace again;
       (7) the International Civil Aviation Organization (ICAO) 
     should condemn the PRC for this violation of airspace and the 
     PRC's ICAO commitments; and
       (8) as consistent with international law, the United States 
     should use regulatory and enforcement tools to protect 
     national security and sovereignty by identifying and 
     disrupting the PRC's use of surveillance balloons.

     SEC. 4. INTERNATIONAL COORDINATION AND PRESSURE.

       (a) Diplomatic Strategy.--The Secretary of State, in 
     consultation with the Director of National Intelligence and 
     the United States Permanent Representative to the United 
     Nations, shall develop a diplomatic strategy to inform allies 
     and partners of the scope of the PRC surveillance program and 
     build global consensus in order to address the PRC's global 
     surveillance balloon program, including by--
       (1) using the voice of the United States at the 
     International Civil Aviation Organization to support Taiwan's 
     participation in the events and meetings of that 
     Organization;
       (2) sharing intelligence, as appropriate about the PRC's 
     global balloon program and its past violation of the 
     sovereign airspace of allies and partners;
       (3) coordinating with United States allies and partners to 
     identify and track future PRC surveillance balloons, counter 
     PRC propaganda and misinformation about its global 
     surveillance program, and publicly share any future 
     violations of sovereignty;
       (4) using the voice, vote, and influence of the United 
     States at the United Nations and other international and 
     regional organizations to spur greater diplomatic pressure on 
     the PRC to halt its surveillance collection operations that 
     violate international sovereignty;
       (5) raising the challenges posed by the PRC's global 
     surveillance balloon program at major multilateral forums, 
     including at the G7 and G20 summits; and
       (6) coordinating with allies and partners on the imposition 
     and implementation of substantially similar sanctions and 
     export controls to ensure that commodities, software, or 
     technology from the United States and its allies and partners 
     are not supporting the PRC's global surveillance efforts.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Director of National Intelligence and 
     the United States Permanent Representative to the United 
     Nations, shall submit to the appropriate congressional 
     committees a report that outlines the strategy developed 
     pursuant to subsection (a) and describes in detail the 
     various steps taken by the United States in line with said 
     strategy.
       (c) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the relevant officials of the 
     Department of Defense shall provide to the appropriate 
     congressional committees a classified briefing on other 
     Unidentified Flying Objects that

[[Page H1736]]

     have entered United States airspace beginning on January 20, 
     2017, and ending on such date of enactment.
       (d) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives; and
       (2) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate.

     SEC. 5. IMPOSITION OF EXPORT CONTROLS.

       (a) In General.--The Secretary of Commerce shall evaluate, 
     for appropriate controls under the Export Administration 
     Regulations, the export, reexport, and in-country transfer of 
     the items and technologies subject to United States 
     jurisdiction related to aerospace programs, including 
     airships and balloons and related materials and components, 
     that are used by the People's Liberation Army for 
     intelligence and reconnaissance, and not later than 180 days 
     after the enactment of this Act submit a report to the 
     appropriate congressional committees that includes--
       (1) a description of the types of items and technologies 
     that were evaluated for potential controls with respect to 
     this section; and
       (2) a list of the controls that BIS has implemented or 
     plans to implement because of its evaluation under this 
     section.
       (b) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Banking, Housing, and Urban Affairs of 
     the Senate.

     SEC. 6. IMPOSITION OF SANCTIONS.

       (a) Imposition of Sanctions.--On and after the date that is 
     180 days after the date of the enactment of this Act, the 
     President may impose the sanctions described in subsection 
     (b) with respect to any PRC individual the President 
     determines is directly managing and overseeing the PRC's 
     global surveillance balloon program.
       (b) Sanctions Described.--The sanctions that may be imposed 
     with respect to a foreign person described in subsection (a) 
     are the following:
       (1) Property blocking.--Notwithstanding the requirements of 
     section 202 of the International Emergency Economic Powers 
     Act (50 U.S.C. 1701), the President may exercise of all 
     powers granted to the President by that Act to the extent 
     necessary to block and prohibit all transactions in all 
     property and interests in property of the foreign person if 
     such property and interests in property are in the United 
     States, come within the United States, or are or come within 
     the possession or control of a United States person.
       (2) Aliens inadmissible for visas, admission, or parole.--
       (A) In general.--An alien described in subsection (a) is--
       (i) inadmissible to the United States;
       (ii) ineligible for a visa or travel to the United States; 
     and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other documentation issued to 
     an alien described in subsection (a) shall be revoked, 
     regardless of when such visa or other documentation is or was 
     issued.
       (ii) Effect of revocation.--A visa or other entry 
     documentation revoked under clause (i) shall, in accordance 
     with section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)), no longer be valid for travel to the United 
     States.
       (c) Exceptions.--
       (1) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under subsection (b)(3) shall not apply 
     with respect to the admission of an alien to the United 
     States if the admission of the alien is necessary to permit 
     the United States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or other 
     applicable international obligations.
       (d) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or requirement to impose sanctions on the 
     importation of goods.
       (2) Good defined.--In this subsection, the term ``good'' 
     means any article, natural or man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Mast) and the gentleman from New York (Mr. Meeks) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. MAST. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MAST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I have a feeling that while there is going to be 
agreement, myself and the comments of my colleague over there might be 
slightly different, but I rise in support of H.R. 1151, the Upholding 
Sovereignty of Airspace or USA Act.
  It is an important piece of legislation because of what has happened 
to the United States of America and to Americans.
  In early February, I think everybody watched this on the news for 
days on end. Our Nation found itself in what we thought was an 
impossible situation.
  Looking up into the sky, Americans saw a strange object floating 
overhead. Some wondered if it was a bird or a plane. Some wondered if 
it was a UFO from some distant planet.
  It was none of those things. It was a high-tech balloon sent by the 
Chinese Communist Party to spy on the United States of America and all 
of our people.
  It floated slowly across North America in the full width of the 
continental United States from Alaska to the South Carolina coast.
  In States across the country, Americans saw the balloon, but what was 
more concerning was what the balloon saw.
  It conducted surveillance, it conducted reconnaissance, and it came 
away with intelligence on the United States of America that we did not 
want China to have.
  Now, while the Biden administration sat on its hands, this balloon, 
minute after minute after minute, gained valuable information on some 
of our most sensitive military sites.
  We now know that the United States had been tracking the balloon 
since at least January 28, that being the day that it entered U.S. 
airspace, but very likely before that. The administration hasn't 
disclosed exactly what date it began tracking the balloon.
  Yet, the Biden administration didn't act. They didn't shoot it down, 
that is to say, until 7 days later, until it had crossed the entire 
breadth of the United States of America.
  Mr. Speaker, China is determined to topple the United States of 
America. Xi Jinping will stop at nothing to achieve that goal.
  We have known this for years, but in February, we saw the proof with 
our own eyes. This is not an abstract concern. We can literally watch 
it invade the American homeland.
  Congress needs to step up and send a clear message to the Chinese 
Communist Party. It will not be allowed to violate our sovereignty, to 
use American technology for its own military purposes, or to spy on 
American citizens.
  This shouldn't be an argument anywhere in the United States of 
America. This bipartisan legislation is an important step in sending 
that message and denying the CCP those abilities.
  This bill does three important things. It sanctions Chinese Communist 
Party officials who were involved in the spy balloon program.
  It requires the Secretary of State to develop a strategy to confront 
the People's Republic of China's global surveillance activities.
  It requires the Commerce Department to consider export controls for 
U.S. technologies that are being used by the People's Liberation Army 
for intelligence and reconnaissance purposes.
  Under no circumstances should Americans know that the Chinese 
Communist Party is spying on them across the breadth of our country and 
know that their government is not doing anything to respond to that.
  It degrades the trust that Americans have in their government, in 
their safety, in their defense institutions, in their intelligence 
agencies. That can't be what America knows about its government.
  This has been bipartisan legislation. I thank the ranking member of 
the Foreign Affairs Committee, Mr. Meeks, for introducing the bill.

[[Page H1737]]

  Along with Chairman   Michael McCaul, I encourage my colleagues to 
join me in supporting this bill and in curbing the CCP's malign 
influence in the United States.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                                  Committee on Armed Services,

                                   Washington, DC, April 17, 2023.
     Hon. Michael T. McCaul,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Chairman McCaul: It has come to our attention that 
     H.R. 1151, the ``Upholding Sovereignty of Airspace Act,'' was 
     substantially modified following its consideration in your 
     Committee to include language within the jurisdiction of the 
     House Armed Services Committee.
       In the spirit of comity and expeditious consideration of 
     this legislation, we will not formally consider H.R. 1151. We 
     do so with the understanding that by waiving consideration of 
     the bill, the Committee on Armed Services does not waive any 
     future jurisdictional claims over the subject matters 
     contained in the bill which fall within the Armed Services 
     Committee's Rule X jurisdiction or create any precedent for 
     future accommodation.
       Please place a copy of this letter and your response 
     acknowledging our jurisdictional interests into the 
     Congressional Record. Thank you for the cooperative spirit in 
     which you have worked regarding this matter and others 
     between our respective Committees.
           Sincerely,
                                                   Mike D. Rogers,
     Chairman, House Armed Services Committee.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                   Washington, DC, April 17, 2023.
     Hon. Mike Rogers,
     Chairman, Committee on Armed Services,
     Washington, DC.
       Dear Chairman Rogers: Thank you for agreeing to forgo 
     pursuing a sequential referral of H.R. 1151, the ``Upholding 
     Sovereignty of Airspace Act,'' so that the measure may 
     proceed expeditiously to the House floor. I understand there 
     are concerns that certain reporting requirements in this text 
     may be duplicative of preexisting reporting obligations that 
     the Department of Defense is regularly fulfilling, and am not 
     averse to those concerns being addressed as the bill moves 
     forward in the legislative process.
       I agree that your forgoing action on this measure does not 
     in any way diminish or alter the jurisdiction of your 
     committee, or prejudice its jurisdictional prerogatives on 
     this measure or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place this letter into the Congressional 
     Record during floor consideration. I appreciate your 
     cooperation regarding this legislation and look forward to 
     continuing to work together as this measure moves through the 
     legislative process.
           Sincerely,
                                                Michael T. McCaul,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                   Washington, DC, March 24, 2023.
     Hon. Michael McCaul,
     Chairman, Committee on Foreign Affairs,
     Washington, DC.
       Dear Chairman McCaul: I write regarding H.R. 1151, the 
     ``Upholding Sovereignty of Airspace Act.'' Provisions of this 
     bill fall within the Judiciary Committee's Rule X 
     jurisdiction, and I appreciate that you consulted with us on 
     those provisions. The Judiciary Committee agrees that it 
     shall be discharged from further consideration of the bill so 
     that it may proceed expeditiously to the House floor.
       The Committee takes this action with the understanding that 
     forgoing further consideration of this measure does not in 
     any way alter the Committee's jurisdiction or waive any 
     future jurisdictional claim over these provisions or their 
     subject matter. We also reserve the right to seek appointment 
     of an appropriate number of conferees in the event of a 
     conference with the Senate involving this measure or similar 
     legislation.
       I ask that you please insert this letter in the 
     Congressional Record during consideration of H.R. 1151 on the 
     House floor. I appreciate the cooperative manner in which our 
     committees have worked on this matter, and I look forward to 
     working collaboratively in the future on matters of shared 
     jurisdiction. Thank you for your attention to this matter.
           Sincerely,
                                                       Jim Jordan,
     Chairman.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                   Washington, DC, March 24, 2023.
     Hon. Jim Jordan
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Jordan: Thank you for consulting with the 
     Foreign Affairs Committee and agreeing to be discharged from 
     further consideration of H.R. 1151, the ``Upholding 
     Sovereignty of Airspace Act,'' so that the measure may 
     proceed expeditiously to the House floor.
       I agree that your forgoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee, or prejudice its jurisdictional prerogatives 
     on this measure or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place our letters on this bill into the 
     Congressional Record during floor consideration. I appreciate 
     your cooperation regarding this legislation and look forward 
     to continuing to work together as this measure moves through 
     the legislative process.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. MEEKS. Mr. Speaker, I rise in strong support of H.R. 1151, and I 
yield myself such time as I may consume.
  Mr. Speaker, I am the proud sponsor of H.R. 1151, the Upholding 
Sovereignty of Airspace or the USA Act.
  First, I thank Chairman   Michael McCaul for co-leading this bill and 
for his partnership on the House Foreign Affairs Committee and 
presenting a united front on this very important issue.
  On January 28 of this year, a PRC surveillance balloon intruded our 
airspace. The balloon then flew across our Nation, trying to gather 
intelligence from sensitive American military sites. This was an 
unacceptable violation of U.S. sovereignty.
  The Biden administration closely monitored and tracked the balloon 
while it was over U.S. soil and took action to limit the balloon's 
ability to collect useful information that the PRC could not gather 
otherwise.
  On February 4, once it no longer posed a danger to Americans on the 
ground, the United States military shot down the balloon off the coast 
of South Carolina.
  President Biden safely and successfully took down the balloon in a 
way that allowed us to collect the debris and learn more about the 
PRC's surveillance program and capabilities.
  Since that day, the Biden administration has smartly declassified 
additional information about the PRC's global program and shared it 
with our allies and partners.
  We have learned that the United States and Canada aren't alone. PRC 
surveillance balloons have violated the sovereignty of over 40 nations 
across 5 continents.
  This blatant disregard for the airspace and sovereignty of other 
nations is not only contrary to international rules, it is dangerous 
and provocative.
  I have been deeply concerned by Beijing's response. Instead of 
apologizing, Beijing has resorted to denials and absurd misinformation 
and propaganda. Instead of making amends, Beijing has exacerbated 
tensions between our nations.
  Now, I know that the United States of America will not be brought 
down by any balloon. We are the greatest and the strongest Nation on 
this planet.
  That is why it was important to have this bipartisan legislation. By 
doing that, the House can clearly declare that such a violation of 
international law and U.S. sovereignty will not be tolerated and must 
not happen again.
  H.R. 1151 calls on the administration to coordinate with our allies 
and partners and work within international organizations to call 
Beijing out for its repeated infringement of country sovereignty around 
the entire planet.
  It also authorizes the President to hold responsible parties 
accountable through sanctions and calls for reporting and export 
controls by the Bureau of Industry and Security to disrupt the PRC's 
Military-Civil Fusion efforts related to its surveillance balloon 
program.
  Mr. Speaker, the PRC must respect global norms and values. When the 
PRC doesn't, the United States and the international community must 
stay together to hold Beijing accountable.
  Mr. Speaker, Russia's invasion of Ukraine made clear that the rules-
based global order is under attack. Russia and China are increasingly 
not just bending the rules, they are breaking them. The PRC's violation 
of our sovereignty is just one example of this.
  In the competition with China, we must be vigilant and vocal about 
upholding our values and upholding international rules.
  To succeed in this competition, we must be smart, prioritizing the 
challenges and strategies to address them while working diplomatically 
alongside our partners and allies and friends.
  The PRC's global surveillance program was a challenge not only to the

[[Page H1738]]

United States but to the sovereignty of nations around the world, and 
it deserves a policy response. That is why this bill is very important.
  It is also why, again, I thank Chairman McCaul and Members of the 
House Foreign Affairs Committee for working collectively in a 
bipartisan way.
  Mr. Speaker, I urge all of my colleagues to support H.R. 1151, and I 
yield back the balance of my time.
  Mr. MAST. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, H.R. 1151 is an important step in addressing very real 
threats posed by the Chinese Communist Party.
  I again thank Ranking Member Meeks and Chairman McCaul for this bill 
which earned bipartisan support in the Foreign Affairs Committee, and I 
believe it deserves our unanimous support.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Mast) that the House suspend the rules and 
pass the bill, H.R. 1151, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MAST. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________