[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4682 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 4682
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2021
Received, read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To prohibit the Secretary of Homeland Security from operating or
procuring certain foreign-made unmanned aircraft systems, and for other
purposes.
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 ``Unmanned Aerial Security Act'' or
the ``UAS Act''.
SEC. 2. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--Except as
provided in subsection (b) and subsection (c)(3), the Secretary of
Homeland Security may not operate, provide financial assistance for, or
enter into or renew a contract for the procurement of--
(1) an unmanned aircraft system (UAS) that--
(A) is manufactured in a covered foreign country or
by a corporation domiciled in a covered foreign
country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by a corporation
domiciled in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by a
corporation domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in a covered foreign country or administered by
a corporation domiciled in a covered foreign country;
(2) a software operating system associated with a UAS that
uses network connectivity or data storage located in a covered
foreign country or administered by a corporation domiciled in a
covered foreign country; or
(3) a system for the detection or identification of a UAS,
which system is manufactured in a covered foreign country or by
a corporation domiciled in a covered foreign country.
(b) Waiver.--
(1) In general.--The Secretary of Homeland Security is
authorized to waive the prohibition under subsection (a) if the
Secretary certifies in writing to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that a
UAS, a software operating system associated with a UAS, or a
system for the detection or identification of a UAS referred to
in any of subparagraphs (A) through (C) of such subsection that
is the subject of such a waiver is required--
(A) in the national interest of the United States;
(B) for counter-UAS surrogate research, testing,
development, evaluation, or training; or
(C) for intelligence, electronic warfare, or
information warfare operations, testing, analysis, and
or training.
(2) Notice.--The certification described in paragraph (1)
shall be submitted to the Committees specified in such
paragraph by not later than the date that is 14 days after the
date on which a waiver is issued under such paragraph.
(c) Effective Dates.--
(1) In general.--This Act shall take effect on the date
that is 120 days after the date of the enactment of this Act.
(2) Waiver process.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall establish a process by which the head of an
office or component of the Department of Homeland Security may
request a waiver under subsection (b).
(3) Exception.--Notwithstanding the prohibition under
subsection (a), the head of an office or component of the
Department of Homeland Security may continue to operate a UAS,
a software operating system associated with a UAS, or a system
for the detection or identification of a UAS described in any
of subparagraphs (1) through (3) of such subsection that was in
the inventory of such office or component on the day before the
effective date of this Act until--
(A) such time as the Secretary of Homeland Security
has--
(i) granted a waiver relating thereto under
subsection (b), or
(ii) declined to grant such a waiver, or
(B) one year after the date of the enactment of
this Act,
whichever is later.
(d) Drone Origin Security Report to Congress.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a terrorism threat assessment and
report that contains information relating to the following:
(1) The extent to which the Department of Homeland Security
has previously analyzed the threat that a UAS, a software
operating system associated with a UAS, or a system for the
detection or identification of a UAS from a covered foreign
country operating in the United States poses, and the results
of such analysis.
(2) The number of UAS, software operating systems
associated with a UAS, or systems for the detection or
identification of a UAS from a covered foreign country in
operation by the Department, including an identification of the
component or office of the Department at issue, as of such
date.
(3) The extent to which information gathered by such a UAS,
a software operating system associated with a UAS, or a system
for the detection or identification of a UAS from a covered
foreign country could be employed to harm the national or
economic security of the United States.
(e) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country that--
(A) the intelligence community has identified as a
foreign adversary in its most recent Annual Threat
Assessment; or
(B) the Secretary of Homeland Security, in
coordination with the Director of National
Intelligence, has identified as a foreign adversary
that is not included in such Annual Threat Assessment.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) Unmanned aircraft system; uas.--The terms ``unmanned
aircraft system'' and ``UAS'' have the meaning given the term
``unmanned aircraft system'' in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 44802 note).
Passed the House of Representatives September 29, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.