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House Bill 4753
116th Congress(2019-2020)
Drone Origin Security Enhancement Act
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Passed House on Feb 10, 2020
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H. R. 4753 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 4753


To prohibit the Secretary of Homeland Security from operating or procuring foreign-made unmanned aircraft systems, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

October 18, 2019

Mr. Crenshaw (for himself, Ms. Torres Small of New Mexico, and Mr. Rogers of Alabama) introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

To prohibit the Secretary of Homeland Security from operating or procuring 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 “Drone Origin Security Enhancement Act”.

SEC. 2. Prohibition on operation or procurement of foreign-made unmanned aircraft systems.

(a) Prohibition on agency operation or procurement.—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 or administered by a corporation domiciled in a covered foreign country; or

(2) a system manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.

(b) Waiver.—The Secretary of Homeland Security may waive the prohibition under subsection (a) on a case by case basis by certifying 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 the operation or procurement that is the subject of such a waiver is required—

(1) in the national interest of the United States;

(2) for counter-UAS surrogate testing and training; or

(3) for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.

(c) Definitions.—In this section:

(1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

(2) COVERED UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 44802 note).