I 
118TH CONGRESS 
1ST SESSION 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 
JUNE 9, 2023 
Mr. 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 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing Our Airspace 
from Reconnaissance Act of 2023’’. 
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SEC. 2. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
PURCHASES AND OPERATION OF UNMANNED 
AIRCRAFT SYSTEMS FROM FOREIGN ENTI-
TIES. 
(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 for-
eign entity; or 
(2) in connection with the operation of such un-
manned aircraft system. 
(b) EXEMPTIONS.—The Secretary of Homeland Se-
curity, 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, evalua-
tion, training, testing, or analysis for electronic war-
fare, information warfare operations, cybersecurity, 
or development of unmanned aircraft system or 
counter-unmanned aircraft system technology; 
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(2) is for the sole purposes of conducting 
counterterrorism or counterintelligence activities, 
protective missions, or Federal criminal or national 
security investigations, including forensic examina-
tions, or for electronic warfare, information warfare 
operations, cybersecurity, or development of an un-
manned aircraft system or counter-unmanned air-
craft system technology; or 
(3) is an unmanned aircraft system that, as 
procured or as modified after procurement but be-
fore 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 Home-
land 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. 
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(2) COVERED
FOREIGN
ENTITY.—The term 
‘‘covered foreign entity’’ means any entity in the fol-
lowing categories: 
(A) An entity included on the Consolidated 
Screening List. 
(B) 
Any 
entity 
that 
is 
subject 
to 
extrajudicial direction from a foreign govern-
ment, as determined by the Secretary of Home-
land 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 Re-
public of China or the Communist Party of the 
People’s Republic of China, as determined by 
the Secretary of Homeland Security in coordi-
nation with the Secretary of State. 
(E) Any entity domiciled in the People’s 
Republic of China that is involved in the imple-
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mentation of military-civil fusion, participates 
in the Chinese defense industrial base, is affili-
ated with the Chinese State Administration for 
Science, Technology, and Industry for the Na-
tional Defense, receives funding from any orga-
nization subordinate to the Central Military 
Commission of the Chinese Communist Party, 
or provides support to any security, defense, po-
lice, or intelligence organization of the Govern-
ment 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
COMMU-
NITY.—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. 
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SEC. 3. INCREASE TO DOMESTIC PRODUCTION OF UN-
MANNED AIRCRAFT SYSTEMS. 
The Secretary of Defense is directed to take such ac-
tion as necessary to increase the domestic production of 
unmanned aircraft systems (as defined in section 2(d) of 
this Act). 
Æ 
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