H.R. 1151, the Upholding Sovereignty of Airspace Act (USA Act), is a bill introduced in the 118th Congress by Rep. Gregory Meeks (D-NY-5) on February 24, 2023. It responds to the Chinese government's use of high-altitude surveillance balloons by authorizing sanctions against individuals who manage the program, and by requiring reports from the Departments of State and Commerce. The bill passed the House on April 17, 2023, and was referred to the Senate Committee on Foreign Relations.
What does the bill say China has done?
Congress states in the bill's findings that surveillance balloons owned and operated by China have entered U.S. airspace multiple times since 2017 and have violated the airspace of more than 40 countries across 5 continents. The bill also states that China's response has been to use misinformation and propaganda to deflect blame for these activities.
On February 10, 2023, the Department of Commerce added 6 Chinese entities to the Entity List for supporting China's military modernization efforts related to aerospace programs, including airships and balloons, used by the People's Liberation Army for intelligence and reconnaissance.
What sanctions does the bill authorize?
Starting 180 days after enactment, the President may impose sanctions on any Chinese individual determined to be directly managing and overseeing the global surveillance balloon program. Those sanctions include blocking all property and financial interests in the United States and revoking or denying visas and entry into the country. Sanctions do not apply to authorized U.S. intelligence, law enforcement, or national security activities, or to situations where admission is required under the United Nations Headquarters Agreement.
What reports does the bill require?
The Department of State must submit a report within 180 days outlining a diplomatic strategy to inform U.S. allies and partners about the scope of China's surveillance program and to build global consensus against it. That strategy includes raising the issue at major forums like the G7 and G20 and coordinating with allies on matching sanctions and export controls.
The Department of Commerce must also report within 180 days on what export controls are appropriate for aerospace-related items and technologies used by China's military for intelligence and reconnaissance. Separately, the Department of Defense must provide a classified briefing to relevant congressional committees on other Unidentified Flying Objects that entered U.S. airspace from January 20, 2017, through the date of enactment.
What is the bill's current status?
The House passed H.R. 1151 on April 17, 2023. The Senate received it and referred it to the Committee on Foreign Relations on April 18, 2023, where it awaits further action.