[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5125 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5125

  To ban the Federal procurement of certain drones and other unmanned 
               aircraft systems, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2019

 Mr. Gallagher (for himself, Mr. Courtney, Mr. Yoho, Mr. Norcross, Mr. 
  Green of Tennessee, and Ms. Speier) introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
  To ban the Federal procurement of certain drones and other 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 ``American Security Drone Act of 
2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered foreign entity.--The term ``covered foreign 
        entity'' means--
                    (A) a covered entity (as determined by the 
                Secretary of Commerce);
                    (B) any entity that is subject to extrajudicial 
                direction from a foreign government, as determined by 
                the Director of National Intelligence;
                    (C) any entity the Secretary of Homeland Security, 
                in coordination with the Director of National 
                Intelligence, the Secretary of Defense, and the 
                Secretary of State, determines poses a national 
                security risk;
                    (D) any entity subject to influence or control by 
                the Government of the People Republic of China or the 
                Communist Party of the People's Republic of China, as 
                determined by the Secretary of Homeland Security; and
                    (E) any subsidiary or affiliate of an entity 
                described in subparagraphs (A) through (D).
            (2) Covered unmanned aircraft.--The term ``covered unmanned 
        aircraft'' means an unmanned aircraft system and any related 
        services and equipment.

SEC. 3. BAN ON PROCUREMENT OF FOREIGN OFF-THE-SHELF DRONES AND UNMANNED 
              AIRCRAFT SYSTEMS.

    (a) In General.--Except as provided under subsections (b) and (c), 
the head of an executive agency may not procure any commercial off-the-
shelf drone or covered unmanned aircraft system manufactured or 
assembled by a covered foreign entity, including any Original Equipment 
Manufacturer flight controllers, radios, data transmission devices, 
cameras, or gimbals manufactured in a covered foreign country or by an 
entity domiciled in a covered foreign country.
    (b) Exemption.--The Secretary of Homeland Security and the 
Secretary of Defense are exempt from the restriction under subsection 
(a) if the operation or procurement--
            (1) is for the purposes of training, testing, or analysis 
        for--
                    (A) counter-UAS surrogate intelligence;
                    (B) electronic warfare; or
                    (C) information warfare operations; and
            (2) is required in the national interest of the United 
        States.
    (c) Waiver.--The head of an executive agency may waive the 
prohibition under subsection (a) on a case-by-case basis with the 
approval of the Secretary of Homeland Security or the Secretary of 
Defense and notification to Congress.

SEC. 4. PROHIBITION ON OPERATION OF FOREIGN COMMERCIAL OFF-THE-SHELF 
              DRONES AND SMALL UNMANNED AIRCRAFT SYSTEMS.

    (a) Prohibition.--
            (1) In general.--Beginning not later than 180 days after 
        the date of the enactment of this Act, no Federal department or 
        agency may operate a commercial off-the-shelf drone or covered 
        unmanned aircraft system manufactured or assembled by a covered 
        foreign entity.
            (2) Phase-in period for existing contracts.--The 
        prohibition under paragraph (1) shall not apply, during the 1-
        year period beginning on the date of the enactment of this Act, 
        to commercial off-the-shelf drones and covered unmanned 
        aircraft systems procured through a contract entered into 
        before the date of the enactment of this Act.
    (b) Exemption.--The Secretary of Homeland Security and the 
Secretary of Defense are exempt from the restriction under subsection 
(a) if the operation or procurement--
            (1) is for the purposes of training, testing, or analysis 
        for--
                    (A) counter-UAS surrogate intelligence;
                    (B) electronic warfare; or
                    (C) information warfare operations; and
            (2) is required in the national interest of the United 
        States.
    (c) Waiver.--The head of an executive agency may waive the 
prohibition under subsection (a) on a case-by-case basis with the 
approval of the Secretary of Homeland Security or the Secretary of 
Defense and notification to Congress.
    (d) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prescribe regulations to implement this section.

SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES AND OPERATION 
              OF COMMERCIAL OFF-THE-SHELF DRONES AND UNMANNED AIRCRAFT 
              SYSTEMS FROM CHINA.

    No Federal funds awarded through a contract, grant, or cooperative 
agreement or otherwise made available may be used to purchase a 
commercial off-the-shelf drone or covered unmanned aircraft system, or 
a system to counter unmanned aircraft systems, that is manufactured or 
assembled by a covered foreign entity or in connection with the 
operation of such a drone or system.

SEC. 6. COMPTROLLER GENERAL REPORT.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to Congress a 
report on the amount of commercial off-the-shelf drones and covered 
unmanned aircraft systems procured by Federal departments and agencies 
from covered foreign entities.
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