H.Res. 104House118th Congress (2023-2025)Passed Congress

Condemning the Chinese Communist Party's use of a high-altitude surveillance balloon over United States territory as a brazen violation of United States sovereignty.

Introduced February 8, 2023

AI-Generated Summary

Updated January 20, 2026 at 3:16 AM UTC

The House resolution condemns the Chinese Communist Party’s use of a high‑altitude surveillance balloon that entered U.S. airspace in early February 2023, calling it a clear violation of U.S. sovereignty. It denounces China’s false claims about the balloon and urges the United States to act decisively against future foreign aerial surveillance. The resolution also asks the Biden administration to keep Congress fully informed about this and similar incidents.

Key Provisions

  • Condemns the PRC’s balloon intrusion and denounces the CCP’s deceptive statements about it.
  • Declares that U.S. policy should promptly and decisively prevent foreign aerial surveillance platforms from violating U.S. airspace.
  • Requests comprehensive briefings from the administration, including histories of PRC airspace incursions, details of the February incident, assessments of collected data, mitigation measures taken, costs, diplomatic communications, and options for future deterrence.

Legislative Activity

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7 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

February 9, 2023 • 11:27 AM

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HouseIntro Referral

Introduced in House

February 8, 2023

HouseIntro Referral

Referred to the House Committee on Foreign Affairs.

February 8, 2023

HouseFloor

Mr. McCaul moved to suspend the rules and agree to the resolution.

February 9, 2023 • 10:17 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H794-799)

February 9, 2023 • 10:18 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Res. 104.

February 9, 2023 • 10:18 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 117). (text: CR H794)

February 9, 2023 • 11:27 AM

HouseFloor

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 419 - 0 (Roll no. 117). (text: CR H794)

February 9, 2023 • 11:27 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 9, 2023 • 11:27 AM

Floor Debate

15 members

What members said about H.Res. 104 on the floor

10 Republicans5 Democrats
Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Feb 9, 2023

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 104) condemning the Chinese Communist Party's use of a high-altitude surveillance balloon over United States territory as…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-5 · Feb 9, 2023

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H. Res. 104, condemning the CCP's use of a high-altitude surveillance balloon over the United States…

Brad Sherman
Rep. Brad ShermanD-CA-32 · Feb 9, 2023

Mr. Speaker, China says it reserves the right to retaliate against America for the temerity of shooting down their spy balloon over our territory. This arrogance should not surprise us. It is the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 9, 2023

Mr. Speaker, I thank the ranking member and thank the managers of this bill for their work. This was no weather balloon. This was a spy balloon. Let me be very clear: Members of both sides of the…

Russell Fry
Rep. Russell FryR-SC-7 · Feb 9, 2023

Mr. Speaker, I rise in strong support of H. Res. 104, a resolution condemning the Chinese Communist Party's use of a high- altitude surveillance balloon over United States territory as a brazen…

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Ann Wagner
Rep. Ann WagnerR-MO-2 · Feb 9, 2023

Mr. Speaker, I thank Chairman McCaul for yielding the time and for this resolution. I rise in support of the resolution. Literally, from the heart of Missouri's Second Congressional District, there I…

Christopher H. Smith
Rep. Christopher H. SmithR-NJ-4 · Feb 9, 2023

Mr. Speaker, I thank my good friend for offering this very important and very timely resolution. It asks many of the tough questions that have to be asked, and we need answers. Mr. Speaker,…

Young Kim
Rep. Young KimR-CA-40 · Feb 9, 2023

Mr. Speaker, I thank Chairman McCaul for yielding and for his leadership on the Foreign Affairs Committee. Mr. Speaker, I rise in strong support of this resolution condemning the Chinese Communist…

Ryan K. Zinke
Rep. Ryan K. ZinkeR-MT-1 · Feb 9, 2023

Mr. Speaker, I am thrilled to death that both sides recognize it is a problem, and it is. Let's call it like it is. First of all, I don't expect China to tell the truth. It says it was a civilian…

Nathaniel Moran
Rep. Nathaniel MoranR-TX-1 · Feb 9, 2023

Mr. Speaker, I thank Chairman McCaul and the ranking member for H. Res. 104. Mr. Speaker, I stand to support this resolution. The sovereignty of any nation should, at the very least, be defined by…

Mark Pocan
Rep. Mark PocanD-WI-2 · Feb 17, 2023

Mr. Speaker, I was not present for 7 Roll Call votes in the House on Wednesday, February 8, 2023, and for 3 Roll Call votes in the House on Thursday, February 9, 2023. Had I been present, I would…

Thomas H. Kean, Jr.
Rep. Thomas H. Kean, Jr.R-NJ-7 · Feb 9, 2023

Mr. Speaker, I rise in support of H. Res. 104, which rightfully condemns this violation of the United States' sovereignty by the Chinese Communist Party. Last week, we saw the Chinese Communist Party…

David Scott
Rep. David ScottD-GA-13 · Feb 9, 2023

Mr. Speaker, I would like the record to show that had my voted for H. Res. 104 been cast, it would be recorded as AYE. I would also like the record to show that had my vote for H.J. Res. 24 been…

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H. Morgan Griffith
Rep. H. Morgan GriffithR-VA-9 · Feb 9, 2023

Mr. Speaker, having missed a vote today, I wish to submit the following: had I been present, I would have voted ``yea'' on rollcall No. 118. personal explanation

Don Bacon
Rep. Don BaconR-NE-2 · Feb 9, 2023

Mr. Speaker, had I been present, I would have voted ``yea'' on rollcall No. 117.

Bill Text

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Engrossed in HouseIssued February 9, 2023

H. RES. 104

In the House of Representatives, U. S.,

February 9, 2023

RESOLUTION

Whereas, on February 2, 2023, the Department of Defense publicly announced it was tracking over United States territory a high-altitude surveillance balloon belonging to the People’s Republic of China (PRC);

Whereas the Department of Defense has since acknowledged that North American Aerospace Defense Command (NORAD) first began tracking the surveillance balloon on January 28, 2023, prior to its entry into United States airspace;

Whereas the Secretary of Defense has stated that the balloon was being used by the PRC in an attempt to surveil strategic sites in the continental United States;

Whereas the surveillance balloon traveled near sensitive United States national security facilities, including Malmstrom Air Force Base in Montana;

Whereas, on February 4, 2023, a United States Air Force aircraft shot down the surveillance balloon off the coast of South Carolina;

Whereas the Chinese Communist Party’s (CCP) intelligence collection directed against the United States poses a threat to United States interests and security;

Whereas, while the PRC has a long history of intelligence collection operations against United States national security entities, reports of its espionage have risen significantly in recent years;

Whereas the CCP attempted to spread false claims about the nature and purpose of the surveillance balloon, falsely claiming it to be a weather balloon that veered off-course due to force majeure events;

Whereas, on February 3, 2023, the Secretary of State postponed his planned trip to the PRC and referred to the balloon incident as an irresponsible act and a clear violation of U.S. sovereignty and international law that undermined the purpose of the trip;

Whereas Article I of the Convention on International Civil Aviation, also known as the Chicago Convention, states that every State has complete and exclusive sovereignty over the airspace above its territory;

Whereas although PRC surveillance balloons have previously violated United States airspace, this incident differs from those prior violations due to the length of time the balloon spent over United States territory; and

Whereas it is in the United States national security interest to deter foreign adversaries from engaging in intelligence collection and other malign activities within United States territory and airspace: Now, therefore, be it

That the House of Representatives—

(1)

condemns the PRC’s brazen violation of United States sovereignty;

(2)

denounces the CCP’s efforts to deceive the international community through false claims about its intelligence collection campaigns in violation of United States sovereignty;

(3)

determines that it should be the policy of the United States to promptly and decisively act to prevent foreign aerial surveillance platforms, including those directed by or connected to the CCP, from violating United States sovereignty; and

(4)

calls on the Biden administration to continue to keep Congress apprised by providing comprehensive briefings on this incident that include—

(A)

a complete account of all known infiltrations of the national airspace by the PRC over the past several years, regardless of platform;

(B)

a complete account of similar past incidents of the PRC’s use of surveillance balloons around the world;

(C)

a complete timeline of events for the most recent infiltration from first detection to the eventual shootdown of the balloon;

(D)

an assessment of what surveillance data the PRC was potentially able to collect or transmit, via the balloon while it was over United States territory;

(E)

a detailed account of what measures were taken to mitigate the intelligence collection threat posed by the balloon, the costs of those measures, and the impact on the regular operations of the affected installations, platforms, and personnel;

(F)

a description of what options were identified to mitigate the threat, and a description and timing of the recommendation the U.S. military made to the President regarding those response options;

(G)

a detailed account of diplomatic communications between the United States and the PRC regarding this incident, including any demarches by Department of State personnel and subsequent responses by the PRC; and

(H)

a detailed description of plans, capabilities, and methods to deter and defeat intelligence collection activities conducted by the PRC or other foreign adversaries in the national airspace system and any additional authorities needed from Congress to ensure detection and defeat of these activities in the future.

Clerk.