I
118THCONGRESS
1
STSESSION 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
JUNE9, 2023
Mr. J
OYCEof Ohio (for himself, Mr. AUCHINCLOSS, Mr. GOODENof Texas,
Mr. M
ILLERof Ohio, Mr. FITZPATRICK, and Mr. SMITHof 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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Securing Our Airspace 4
from Reconnaissance Act of 2023’’. 5
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SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR 1
PURCHASES AND OPERATION OF UNMANNED 2
AIRCRAFT SYSTEMS FROM FOREIGN ENTI-3
TIES. 4
(a) I
NGENERAL.—Beginning on the first October 1 5
that occurs after the date of the enactment of this Act 6
and except as provided in subsections (b) and (c), Federal 7
funds may not be awarded through a contract, grant, or 8
cooperative agreement, or otherwise made available— 9
(1) to purchase an unmanned aircraft system 10
that is manufactured or assembled by a covered for-11
eign entity; or 12
(2) in connection with the operation of such un-13
manned aircraft system. 14
(b) E
XEMPTIONS.—The Secretary of Homeland Se-15
curity, the Secretary of Defense, the Director of National 16
Intelligence, and the Attorney General are exempt from 17
the restriction under subsection (a) if the procurement is 18
required in the national interest of the United States 19
and— 20
(1) is for the sole purposes of research, evalua-21
tion, training, testing, or analysis for electronic war-22
fare, information warfare operations, cybersecurity, 23
or development of unmanned aircraft system or 24
counter-unmanned aircraft system technology; 25
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(2) is for the sole purposes of conducting 1
counterterrorism or counterintelligence activities, 2
protective missions, or Federal criminal or national 3
security investigations, including forensic examina-4
tions, or for electronic warfare, information warfare 5
operations, cybersecurity, or development of an un-6
manned aircraft system or counter-unmanned air-7
craft system technology; or 8
(3) is an unmanned aircraft system that, as 9
procured or as modified after procurement but be-10
fore operational use, can no longer transfer to, or 11
download data from, a covered foreign entity and 12
otherwise poses no national security cybersecurity 13
risks as determined by the exempting official. 14
(c) W
AIVER.—The head of an agency may waive the 15
prohibition under subsection (a) on a case-by-case basis 16
for a year, which may be renewed— 17
(1) with the approval of the Secretary of Home-18
land Security or the Secretary of Defense; and 19
(2) upon notification to Congress. 20
(d) D
EFINITIONS.—In this section: 21
(1) A
GENCY.—The term ‘‘agency’’ has the 22
meaning given that term in section 551 of title 5, 23
United States Code. 24
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(2) COVERED FOREIGN ENTITY .—The term 1
‘‘covered foreign entity’’ means any entity in the fol-2
lowing categories: 3
(A) An entity included on the Consolidated 4
Screening List. 5
(B) Any entity that is subject to 6
extrajudicial direction from a foreign govern-7
ment, as determined by the Secretary of Home-8
land Security in coordination with the Secretary 9
of State. 10
(C) Any entity the Secretary of Homeland 11
Security, in coordination with the Attorney 12
General, the Director of National Intelligence, 13
and the Secretary of Defense, determines poses 14
a risk to the national security of the United 15
States. 16
(D) Any entity domiciled in the People’s 17
Republic of China or subject to influence or 18
control by the Government of the People’s Re-19
public of China or the Communist Party of the 20
People’s Republic of China, as determined by 21
the Secretary of Homeland Security in coordi-22
nation with the Secretary of State. 23
(E) Any entity domiciled in the People’s 24
Republic of China that is involved in the imple-25
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mentation of military-civil fusion, participates 1
in the Chinese defense industrial base, is affili-2
ated with the Chinese State Administration for 3
Science, Technology, and Industry for the Na-4
tional Defense, receives funding from any orga-5
nization subordinate to the Central Military 6
Commission of the Chinese Communist Party, 7
or provides support to any security, defense, po-8
lice, or intelligence organization of the Govern-9
ment of the People’s Republic of China or the 10
Chinese Communist Party. 11
(F) Any subsidiary or affiliate of an entity 12
described in subparagraphs (A) through (E). 13
(3) I
NTELLIGENCE; INTELLIGENCE COMMU -14
NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 15
community’’ have the meanings given those terms in 16
section 3 of the National Security Act of 1947 (50 17
U.S.C. 3003). 18
(4) U
NMANNED AIRCRAFT SYSTEM .—The term 19
‘‘unmanned aircraft system’’ has the meaning given 20
that term in section 44801 of title 49, United States 21
Code. 22
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SEC. 3. INCREASE TO DOMESTIC PRODUCTION OF UN-1
MANNED AIRCRAFT SYSTEMS. 2
The Secretary of Defense is directed to take such ac-3
tion as necessary to increase the domestic production of 4
unmanned aircraft systems (as defined in section 2(d) of 5
this Act). 6
Æ
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