IIB 118th CONGRESS 1st Session H. R. 1151 IN THE SENATE OF THE UNITED STATES April 18, 2023 Received; read twice and referred to the Committee on Foreign Relations AN ACT To hold the People’s Republic of China accountable for the violation of United States airspace and sovereignty with its high-altitude surveillance balloon.

1. Short title This Act may be cited as the Upholding Sovereignty of Airspace Act or the USA Act . 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. 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. 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 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. 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. 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.

Passed the House of Representatives April 17, 2023. Cheryl L. Johnson, Clerk.