HR-3974 : Still Just a Bill

The "Securing Our Airspace from Reconnaissance Act of 2023" (H.R. 3974) aims to restrict the use of federal funds for unmanned aircraft systems (UAS), commonly known as drones, produced by certain foreign entities. Here's a summary:

• Prohibition: It generally prohibits federal funds from being used to purchase or operate UAS manufactured or assembled by "covered foreign entities." This goes into effect on the first October 1st after the enactment of the law.
• Covered Foreign Entity: This term includes entities:
  • On the Consolidated Screening List.
  • Subject to extrajudicial direction from a foreign government.
  • That pose a risk to U.S. national security.
  • Domiciled in the People's Republic of China or subject to influence by the Chinese government or Communist Party.
  • Involved in China's military-civil fusion or affiliated with its defense industry.
  • Subsidiaries or affiliates of the above.
• Exemptions: The Secretaries of Homeland Security and Defense, the Director of National Intelligence, and the Attorney General can be exempt in cases of national interest, specifically for:
  • Research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or UAS/counter-UAS technology development.
  • Counterterrorism, counterintelligence, protective missions, federal criminal or national security investigations, or development of UAS/counter-UAS technology.
  • UAS that no longer transfer data to a covered foreign entity and pose no national security cybersecurity risks.
• Waivers: Agency heads can waive the prohibition on a case-by-case basis for one year, with renewals possible, subject to approval by the Secretaries of Homeland Security or Defense, and upon notification to Congress.
• Domestic Production: The Secretary of Defense is directed to take action to increase domestic production of unmanned aircraft systems.