Union Calendar No. 119
118th CONGRESS 1st Session |
[Report No. 118–151]
To prohibit the Secretary of Homeland Security from operating or procuring certain foreign-made unmanned aircraft systems, and for other purposes.
March 9, 2023
Mr. Guest (for himself, Mr. Green of Tennessee, Mr. Ezell, Mr. D'Esposito, Mr. Luttrell, Mr. Gimenez, and Mr. Pfluger) introduced the following bill; which was referred to the Committee on Homeland Security
July 19, 2023
Additional sponsors: Ms. Lee of Florida, Mr. McCaul, Mr. Cuellar, and Mr. LaLota
July 19, 2023
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 9, 2023]
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,
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 business entity 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 business entity domiciled in a covered foreign country;
(b) Waiyer.—
(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 described in any of paragraphs (1) through (3) of such subsection that is the subject of such a waiver is required—
(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) WAIYER 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 paragraphs (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—
(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 described in any of paragraphs (1) through (3) of subsection (a) 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 described in any of paragraphs (1) through (3) of subsection (a) 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 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 paragraphs (1) through (3) of subsection (a) could be employed to harm the national or economic security of the United States.
(e) Definitions.—In this section:
(1) BUSINESS ENTITY.—The term “business entity” has the meaning given such term in section 334 of the Graham-Leach-Bliley Act (15 U.S.C. 6764).
(2) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means a country that—
(3) 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)).
Union Calendar No. 119 | |||||
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[Report No. 118–151] | |||||
A BILL | |||||
To prohibit the Secretary of Homeland Security from operating or procuring certain foreign-made unmanned aircraft systems, and for other purposes. | |||||
July 19, 2023 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |