The USA Act (H.R. 1151) responds to Chinese surveillance balloons that entered U.S. airspace by authorizing the President to impose sanctions on individuals managing the program, requiring the Commerce Department to evaluate export controls on aerospace technology, and directing the State Department to coordinate with allies on a diplomatic response. The bill passed the House on April 17, 2023, and was referred to the Senate Foreign Relations Committee.
What triggered this bill?
According to the bill, the Department of State reported that surveillance balloons owned and operated by China have entered U.S. airspace multiple times since 2017 and violated the airspace of more than 40 countries across 5 continents. On February 10, 2023, the Commerce Department added 6 Chinese entities to a restricted trade list for supporting China's military aerospace programs, including airships and balloons used by the People's Liberation Army for intelligence and reconnaissance.
What sanctions does the bill authorize?
The President may impose sanctions 180 days after the bill becomes law on any Chinese individual directly managing or overseeing the surveillance balloon program. These sanctions include blocking their property in the United States and making them ineligible for U.S. visas or entry. The bill exempts authorized U.S. intelligence, law enforcement, and national security activities, and allows exceptions for U.N. headquarters agreements and other international obligations.
What export controls would the bill require?
The Commerce Department must evaluate and report within 180 days on what export controls are appropriate for aerospace items and technologies used by China's military for intelligence and reconnaissance, including airships, balloons, and related materials. The report must describe what controls have been or will be implemented.
What diplomatic steps does the bill require?
The State Department must develop a diplomatic strategy within 180 days to inform U.S. allies and partners about China's surveillance program and build global consensus to address it. The strategy includes supporting Taiwan's participation in the International Civil Aviation Organization, sharing intelligence about past violations, coordinating with allies to track future balloons, and raising the issue at the United Nations, G7, and G20 summits. The bill also requires the Defense Department to provide Congress a classified briefing on other unidentified flying objects that entered U.S. airspace from January 20, 2017, onward.
Frequently Asked Questions
How many times have Chinese surveillance balloons entered U.S. airspace?
According to the Department of State, surveillance balloons owned and operated by China have entered U.S. airspace multiple times since 2017. The bill does not specify an exact number of U.S. incursions, but states that these balloons have violated the airspace of more than 40 countries across 5 continents.
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
When can the President start imposing sanctions under this bill?
The President may impose sanctions 180 days after the bill becomes law. The sanctions apply to any Chinese individual the President determines is directly managing and overseeing China's global surveillance balloon program.
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
What types of sanctions can the President impose?
The President may block property and prohibit all transactions in property of targeted individuals if that property is in the United States or comes within U.S. possession or control. The President may also make targeted individuals inadmissible to the United States, ineligible for visas, and revoke any existing visas or entry documentation.
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
What does the bill require regarding unidentified flying objects?
The bill requires the Defense Department to provide Congress a classified briefing within 180 days on other unidentified flying objects that have entered U.S. airspace from January 20, 2017, through the date the bill becomes law.
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