[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4682 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 4682

_______________________________________________________________________

                                 AN ACT


 
   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) Waiver.--
            (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 referred to 
        in any of subparagraphs (A) through (C) 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-UAS 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) Waiver 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 subparagraphs (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 from a covered foreign 
        country 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 from a covered foreign country 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 such a UAS, 
        a software operating system associated with a UAS, or a system 
        for the detection or identification of a UAS from a covered 
        foreign country 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 331 of the FAA 
        Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 44802 note).

            Passed the House of Representatives September 29, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 4682

_______________________________________________________________________

                                 AN ACT

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