[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.
____________________