Us Congress 2023-2024 Regular Session

Us Congress House Bill HB3974 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 3974
5	5	To prohibit the use of Federal funds for unmanned aircraft systems from
6	6	foreign entities, and for other purposes.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JUNE9, 2023
9	9	Mr. J
10	10	OYCEof Ohio (for himself, Mr. AUCHINCLOSS, Mr. GOODENof Texas,
11	11	Mr. M
12	12	ILLERof Ohio, Mr. FITZPATRICK, and Mr. SMITHof New Jersey)
13	13	introduced the following bill; which was referred to the Committee on
14	14	Oversight and Accountability, and in addition to the Committee on
15	15	Armed Services, for a period to be subsequently determined by the Speak-
16	16	er, in each case for consideration of such provisions as fall within the ju-
17	17	risdiction of the committee concerned
18	18	A BILL
19	19	To prohibit the use of Federal funds for unmanned aircraft
20	20	systems from foreign entities, and for other purposes.
21	21	Be it enacted by the Senate and House of Representa-1
22	22	tives of the United States of America in Congress assembled, 2
23	23	SECTION 1. SHORT TITLE. 3
24	24	This Act may be cited as the ‘‘Securing Our Airspace 4
25	25	from Reconnaissance Act of 2023’’. 5
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28	28	•HR 3974 IH
29	29	SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR 1
30	30	PURCHASES AND OPERATION OF UNMANNED 2
31	31	AIRCRAFT SYSTEMS FROM FOREIGN ENTI-3
32	32	TIES. 4
33	33	(a) I
34	34	NGENERAL.—Beginning on the first October 1 5
35	35	that occurs after the date of the enactment of this Act 6
36	36	and except as provided in subsections (b) and (c), Federal 7
37	37	funds may not be awarded through a contract, grant, or 8
38	38	cooperative agreement, or otherwise made available— 9
39	39	(1) to purchase an unmanned aircraft system 10
40	40	that is manufactured or assembled by a covered for-11
41	41	eign entity; or 12
42	42	(2) in connection with the operation of such un-13
43	43	manned aircraft system. 14
44	44	(b) E
45	45	XEMPTIONS.—The Secretary of Homeland Se-15
46	46	curity, the Secretary of Defense, the Director of National 16
47	47	Intelligence, and the Attorney General are exempt from 17
48	48	the restriction under subsection (a) if the procurement is 18
49	49	required in the national interest of the United States 19
50	50	and— 20
51	51	(1) is for the sole purposes of research, evalua-21
52	52	tion, training, testing, or analysis for electronic war-22
53	53	fare, information warfare operations, cybersecurity, 23
54	54	or development of unmanned aircraft system or 24
55	55	counter-unmanned aircraft system technology; 25
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58	58	•HR 3974 IH
59	59	(2) is for the sole purposes of conducting 1
60	60	counterterrorism or counterintelligence activities, 2
61	61	protective missions, or Federal criminal or national 3
62	62	security investigations, including forensic examina-4
63	63	tions, or for electronic warfare, information warfare 5
64	64	operations, cybersecurity, or development of an un-6
65	65	manned aircraft system or counter-unmanned air-7
66	66	craft system technology; or 8
67	67	(3) is an unmanned aircraft system that, as 9
68	68	procured or as modified after procurement but be-10
69	69	fore operational use, can no longer transfer to, or 11
70	70	download data from, a covered foreign entity and 12
71	71	otherwise poses no national security cybersecurity 13
72	72	risks as determined by the exempting official. 14
73	73	(c) W
74	74	AIVER.—The head of an agency may waive the 15
75	75	prohibition under subsection (a) on a case-by-case basis 16
76	76	for a year, which may be renewed— 17
77	77	(1) with the approval of the Secretary of Home-18
78	78	land Security or the Secretary of Defense; and 19
79	79	(2) upon notification to Congress. 20
80	80	(d) D
81	81	EFINITIONS.—In this section: 21
82	82	(1) A
83	83	GENCY.—The term ‘‘agency’’ has the 22
84	84	meaning given that term in section 551 of title 5, 23
85	85	United States Code. 24
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88	88	•HR 3974 IH
89	89	(2) COVERED FOREIGN ENTITY .—The term 1
90	90	‘‘covered foreign entity’’ means any entity in the fol-2
91	91	lowing categories: 3
92	92	(A) An entity included on the Consolidated 4
93	93	Screening List. 5
94	94	(B) Any entity that is subject to 6
95	95	extrajudicial direction from a foreign govern-7
96	96	ment, as determined by the Secretary of Home-8
97	97	land Security in coordination with the Secretary 9
98	98	of State. 10
99	99	(C) Any entity the Secretary of Homeland 11
100	100	Security, in coordination with the Attorney 12
101	101	General, the Director of National Intelligence, 13
102	102	and the Secretary of Defense, determines poses 14
103	103	a risk to the national security of the United 15
104	104	States. 16
105	105	(D) Any entity domiciled in the People’s 17
106	106	Republic of China or subject to influence or 18
107	107	control by the Government of the People’s Re-19
108	108	public of China or the Communist Party of the 20
109	109	People’s Republic of China, as determined by 21
110	110	the Secretary of Homeland Security in coordi-22
111	111	nation with the Secretary of State. 23
112	112	(E) Any entity domiciled in the People’s 24
113	113	Republic of China that is involved in the imple-25
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116	116	•HR 3974 IH
117	117	mentation of military-civil fusion, participates 1
118	118	in the Chinese defense industrial base, is affili-2
119	119	ated with the Chinese State Administration for 3
120	120	Science, Technology, and Industry for the Na-4
121	121	tional Defense, receives funding from any orga-5
122	122	nization subordinate to the Central Military 6
123	123	Commission of the Chinese Communist Party, 7
124	124	or provides support to any security, defense, po-8
125	125	lice, or intelligence organization of the Govern-9
126	126	ment of the People’s Republic of China or the 10
127	127	Chinese Communist Party. 11
128	128	(F) Any subsidiary or affiliate of an entity 12
129	129	described in subparagraphs (A) through (E). 13
130	130	(3) I
131	131	NTELLIGENCE; INTELLIGENCE COMMU -14
132	132	NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 15
133	133	community’’ have the meanings given those terms in 16
134	134	section 3 of the National Security Act of 1947 (50 17
135	135	U.S.C. 3003). 18
136	136	(4) U
137	137	NMANNED AIRCRAFT SYSTEM .—The term 19
138	138	‘‘unmanned aircraft system’’ has the meaning given 20
139	139	that term in section 44801 of title 49, United States 21
140	140	Code. 22
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143	143	•HR 3974 IH
144	144	SEC. 3. INCREASE TO DOMESTIC PRODUCTION OF UN-1
145	145	MANNED AIRCRAFT SYSTEMS. 2
146	146	The Secretary of Defense is directed to take such ac-3
147	147	tion as necessary to increase the domestic production of 4
148	148	unmanned aircraft systems (as defined in section 2(d) of 5
149	149	this Act). 6
150	150	Æ
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