Federal

UAS Act

Source: Congress.gov · 1,434 words in original text

What This Bill Does

This bill stops the Department of Homeland Security from operating or buying certain drones and related equipment that come from foreign countries considered adversaries. The department also cannot provide money to help purchase these systems or sign contracts to get them. ##

Who It Affects

The Secretary of Homeland Security and all offices and components within the Department of Homeland Security that currently operate drones or drone-related systems. ##

Key Provisions

- The Secretary of Homeland Security cannot operate, buy, or contract for drones made in or by companies based in "covered foreign countries" or that contain key parts made in those countries (Sec. 2(a)(1)). - The Secretary cannot buy drone software operating systems that use computer networks or data storage located in covered foreign countries or run by companies based there (Sec. 2(a)(2)). - The Secretary cannot buy systems designed to detect or identify drones if those systems are made in or by companies based in covered foreign countries (Sec. 2(a)(3)). - The Secretary can waive these prohibitions if they certify in writing to specific Congressional committees that the drone system is needed for national security, research on drone defenses, or intelligence and warfare operations (Sec. 2(b)(1)). - The Secretary must establish a waiver request process within 60 days of the law taking effect (Sec. 2(c)(2)). ##

What Changes

If this becomes law, the Department of Homeland Security cannot use certain foreign-made drones and related equipment. The department must stop buying these items or signing new contracts for them. However, equipment the department already owns can continue operating while officials decide whether to grant a waiver. ##

Important Definitions

- **Unmanned Aircraft System (UAS)**: A drone system as defined in federal aviation law (Sec. 2(e)(4)). - **Covered Foreign Country**: A country that U.S. intelligence officials have identified as a foreign adversary in their most recent annual threat assessment, or a country the Homeland Security Secretary identifies as an adversary in coordination with the Director of National Intelligence (Sec. 2(e)(2)). - **Business Entity**: Not specified in bill text. ##

Effective Date

The law takes effect 120 days after it is signed. However, the Secretary must create the waiver request process within 60 days. Equipment already owned by the department can continue operating for up to one year after the law is signed or until the Secretary approves or denies a waiver, whichever takes longer (Sec. 2(c)).

IIB 118TH CONGRESS 1ST SESSION H. R. 1501 IN THE SENATE OF THE UNITED STATES SEPTEMBER 5, 2023 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To prohibit the Secretary of Homeland Security from oper- ating or procuring certain foreign-made unmanned air- craft systems, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 1501 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Unmanned Aerial Se- 2 curity Act’’ or the ‘‘UAS Act’’. 3 SEC. 2. PROHIBITION ON OPERATION OR PROCUREMENT 4 OF CERTAIN FOREIGN-MADE UNMANNED AIR- 5 CRAFT SYSTEMS. 6 (a) PROHIBITION ON AGENCY OPERATION OR PRO- 7 CUREMENT.—Except as provided in subsection (b) and 8 subsection (c)(3), the Secretary of Homeland Security 9 may not operate, provide financial assistance for, or enter 10 into or renew a contract for the procurement of— 11 (1) an unmanned aircraft system (UAS) that— 12 (A) is manufactured in a covered foreign 13 country or by a business entity domiciled in a 14 covered foreign country; 15 (B) uses flight controllers, radios, data 16 transmission devices, cameras, or gimbals man- 17 ufactured in a covered foreign country or by a 18 business entity domiciled in a covered foreign 19 country; 20 (C) uses a ground control system or oper- 21 ating software developed in a covered foreign 22 country or by a business entity domiciled in a 23 covered foreign country; or 24 (D) uses network connectivity or data stor- 25 age located in a covered foreign country or ad- 26 VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 1501 RFS ministered by a business entity domiciled in a 1 covered foreign country; 2 (2) a software operating system associated with 3 a UAS that uses network connectivity or data stor- 4 age located in a covered foreign country or adminis- 5 tered by a business entity domiciled in a covered for- 6 eign country; or 7 (3) a system for the detection or identification 8 of a UAS, which system is manufactured in a cov- 9 ered foreign country or by a business entity domi- 10 ciled in a covered foreign country. 11 (b) WAIVER.— 12 (1) IN GENERAL.—The Secretary of Homeland 13 Security is authorized to waive the prohibition under 14 subsection (a) if the Secretary certifies in writing to 15 the Committee on Homeland Security of the House 16 of Representatives and the Committee on Homeland 17 Security and Governmental Affairs of the Senate 18 that a UAS, a software operating system associated 19 with a UAS, or a system for the detection or identi- 20 fication of a UAS described in any of paragraphs (1) 21 through (3) of such subsection that is the subject of 22 such a waiver is required— 23 (A) in the national interest of the United 24 States; 25 VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 1501 RFS (B) for counter-DAS surrogate research, 1 testing, development, evaluation, or training; or 2 (C) for intelligence, electronic warfare, or 3 information warfare operations, testing, anal- 4 ysis, and or training. 5 (2) NOTICE.—The certification described in 6 paragraph (1) shall be submitted to the Committees 7 specified in such paragraph by not later than the 8 date that is 14 days after the date on which a waiv- 9 er is issued under such paragraph. 10 (c) EFFECTIVE DATES.— 11 (1) IN GENERAL.—This Act shall take effect on 12 the date that is 120 days after the date of the enact- 13 ment of this Act. 14 (2) WAIVER PROCESS.—Not later than 60 days 15 after the date of the enactment of this Act, the Sec- 16 retary of Homeland Security shall establish a proc- 17 ess by which the head of an office or component of 18 the Department of Homeland Security may request 19 a waiver under subsection (b). 20 (3) EXCEPTION.—Notwithstanding the prohibi- 21 tion under subsection (a), the head of an office or 22 component of the Department of Homeland Security 23 may continue to operate a UAS, a software oper- 24 ating system associated with a UAS, or a system for 25 VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 1501 RFS the detection or identification of a UAS described in 1 any of paragraphs (1) through (3) of such sub- 2 section that was in the inventory of such office or 3 component on the day before the effective date of 4 this Act until— 5 (A) such time as the Secretary of Home- 6 land Security has— 7 (i) granted a waiver relating thereto 8 under subsection (b); or 9 (ii) declined to grant such a waiver; or 10 (B) one year after the date of the enact- 11 ment of this Act, whichever is later. 12 (d) DRONE ORIGIN SECURITY REPORT TO CON- 13 GRESS.—Not later than 180 days after the date of the 14 enactment of this Act, the Secretary of Homeland Security 15 shall submit to the Committee on Homeland Security of 16 the House of Representatives and the Committee on 17 Homeland Security and Governmental Affairs of the Sen- 18 ate a terrorism threat assessment and report that contains 19 information relating to the following: 20 (1) The extent to which the Department of 21 Homeland Security has previously analyzed the 22 threat that a UAS, a software operating system as- 23 sociated with a UAS, or a system for the detection 24 or identification of a UAS described in any of para- 25 VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 1501 RFS graphs (1) through (3) of subsection (a) operating 1 in the United States poses, and the results of such 2 analysis. 3 (2) The number of UAS, software operating 4 systems associated with a UAS, or systems for the 5 detection or identification of a UAS described in any 6 of paragraphs (1) through (3) of subsection (a) in 7 operation by the Department, including an identi- 8 fication of the component or office of the Depart- 9 ment at issue, as of such date. 10 (3) The extent to which information gathered 11 by a UAS, a software operating system associated 12 with a UAS, or a system for the detection or identi- 13 fication of a UAS described in any of paragraphs (1) 14 through (3) of subsection (a) could be employed to 15 harm the national or economic security of the 16 United States. 17 (e) DEFINITIONS.—In this section: 18 (1) BUSINESS ENTITY.—The term ‘‘business 19 entity’’ has the meaning given such term in section 20 334 of the Graham-Leach-Bliley Act (15 U.S.C. 21 6764). 22 (2) COVERED FOREIGN COUNTRY.—The term 23 ‘‘covered foreign country’’ means a country that— 24 VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 1501 RFS (A) the intelligence community has identi- 1 fied as a foreign adversary in its most recent 2 Annual Threat Assessment; or 3 (B) the Secretary of Homeland Security, 4 in coordination with the Director of National 5 Intelligence, has identified as a foreign adver- 6 sary that is not included in such Annual Threat 7 Assessment. 8 (3) INTELLIGENCE COMMUNITY.—The term 9 ‘‘intelligence community’’ has the meaning given 10 such term in section 3(4) of the National Security 11 Act of 1947 (50 U.S.C. 3003(4)). 12 (4) UNMANNED AIRCRAFT SYSTEM; UAS.—The 13 terms ‘‘unmanned aircraft system’’ and ‘‘UAS’’ have 14 the meaning given the term ‘‘unmanned aircraft sys- 15 tem’’ in section 44801 of title 49, United States 16 Code. 17 Passed the House of Representatives July 27, 2023. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501 pbinns on DSKJLVW7X2PROD with $$_JOB

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