Upholding Sovereignty of Airspace Act

Floor Speech

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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 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.

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.

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.

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. 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.

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Mr. MAST. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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