Drone Origin Security Enhancement Act

IIB 116TH CONGRESS 2D SESSION H. R. 4753 IN THE SENATE OF THE UNITED STATES FEBRUARY 11, 2020 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 foreign-made unmanned aircraft sys- tems, 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 00:23 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4753.RFS H4753 kjohnson on DSK79L0C42PROD with BILLS 2 HR 4753 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Drone Origin Security 2 Enhancement Act’’. 3 SEC. 2. PROHIBITION ON OPERATION OR PROCUREMENT 4 OF FOREIGN-MADE UNMANNED AIRCRAFT 5 SYSTEMS. 6 (a) PROHIBITION ON AGENCY OPERATION OR PRO- 7 CUREMENT.—The Secretary of Homeland Security may 8 not operate, provide financial assistance for, or enter into 9 or renew a contract for the procurement of— 10 (1) an unmanned aircraft system (UAS) that— 11 (A) is manufactured in a covered foreign 12 country or by a corporation domiciled in a cov- 13 ered foreign country; 14 (B) uses flight controllers, radios, data 15 transmission devices, cameras, or gimbals man- 16 ufactured in a covered foreign country or by a 17 corporation domiciled in a covered foreign coun- 18 try; 19 (C) uses a ground control system or oper- 20 ating software developed in a covered foreign 21 country or by a corporation domiciled in a cov- 22 ered foreign country; or 23 (D) uses network connectivity or data stor- 24 age located in or administered by a corporation 25 domiciled in a covered foreign country; or 26 VerDate Sep 11 2014 00:23 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4753.RFS H4753 kjohnson on DSK79L0C42PROD with BILLS 3 HR 4753 RFS (2) a system manufactured in a covered foreign 1 country or by a corporation domiciled in a covered 2 foreign country for the detection or identification of 3 covered unmanned aircraft systems. 4 (b) WAIVER.—The Secretary of Homeland Security 5 may waive the prohibition under subsection (a) on a case 6 by case basis by certifying in writing to the Committee 7 on Homeland Security of the House of Representatives 8 and the Committee on Homeland Security and Govern- 9 mental Affairs of the Senate that the operation or procure- 10 ment that is the subject of such a waiver is required— 11 (1) in the national interest of the United 12 States; 13 (2) for counter-UAS surrogate testing and 14 training; or 15 (3) for intelligence, electronic warfare, or infor- 16 mation warfare operations, testing, analysis, and or 17 training. 18 (c) DEFINITIONS.—In this section: 19 (1) COVERED FOREIGN COUNTRY.—The term 20 ‘‘covered foreign country’’ means a country labeled 21 as a strategic competitor in the ‘‘Summary of the 22 2018 National Defense Strategy of the United 23 States of America: Sharpening the American Mili- 24 tary’s Competitive Edge’’ issued by the Department 25 VerDate Sep 11 2014 00:23 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4753.RFS H4753 kjohnson on DSK79L0C42PROD with BILLS 4 HR 4753 RFS of Defense pursuant to section 113 of title 10, 1 United States Code. 2 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 3 The term ‘‘unmanned aircraft system’’ has the 4 meaning given such term in section 331 of the FAA 5 Modernization and Reform Act of 2012 (Public Law 6 112–95; 49 U.S.C. 44802 note). 7 Passed the House of Representatives February 10, 2020. Attest: CHERYL L. JOHNSON, Clerk. By ROBERT F. REEVES, Deputy Clerk. VerDate Sep 11 2014 00:23 Feb 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4753.RFS H4753 kjohnson on DSK79L0C42PROD with BILLS