UAS Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1501 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1501

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             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

_______________________________________________________________________

                                 A BILL

   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) 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--
                    (A) in the national interest of the United States;
                    (B) for counter-DAS 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) 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--
                    (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 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) 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 44801 of title 49,
        United States Code.
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