[Congressional Record Volume 166, Number 27 (Monday, February 10, 2020)]
[House]
[Pages H994-H995]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 DRONE ORIGIN SECURITY ENHANCEMENT ACT

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 4753) to prohibit the Secretary of 
Homeland Security from operating or procuring foreign-made unmanned 
aircraft systems, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4753

       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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Torres Small) and the gentleman from Texas (Mr. 
Crenshaw) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman?
  There was no objection.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, first, I want to thank my colleague, Congressman 
Crenshaw, for introducing this important legislation.
  To help carry out its many missions, the Department of Homeland 
Security, DHS, relies on drones to improve situational awareness. 
Drones can be used to survey damage from natural disasters or monitor 
remote locations along the border, including in my district. If data 
collected by a DHS drone was to be stolen by a foreign government, it 
could jeopardize the national or homeland security.
  Recent reports suggest that Chinese-manufactured drones, otherwise 
known as unmanned aircraft systems, in the American market might be 
compromised and used to send sensitive information to the Chinese 
Government. In response to these cybersecurity concerns, the Department 
of the Interior recently grounded all of its foreign-made drones. The 
DOD similarly banned the purchase and use of all commercial off-the-
shelf drones, except under limited circumstances.
  It is time for the DHS to take similar protective measures. H.R. 4753 
would prohibit DHS from purchasing or using drone technology 
manufactured in certain foreign countries designated as strategic 
competitors by the National Defense Strategy. The legislation permits 
the use of such drone technology only when DHS notifies Congress that 
the technology is being used in a limited manner, such as counter-drone 
testing and training.
  I am proud to be an original cosponsor of this bipartisan bill, 
grateful to have joined Congressman Crenshaw on this initiative, and 
pleased that it was reported out of committee by unanimous consent.
  Mr. Speaker, I urge my House colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. CRENSHAW. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Department of Homeland Security is charged with 
protecting Americans here at home, and it is critical that the 
technologies used to carry out this mission are secure. The risk posed 
by certain foreign drone manufacturers is well documented and presents 
a national security threat.
  Chinese-manufactured drones could provide a backdoor for the Chinese 
Government to access sensitive flight data from drones used by DHS. My 
bill, H.R. 4753, seeks to address this vulnerability.
  The Cybersecurity and Infrastructure Security Agency has stated that 
these unmanned aircraft systems are a potential risk to an 
organization's information and that drones could contain components 
that could compromise your data.
  The potential for comprised data to fall into the hands of a foreign 
government should concern everyone. It threatens to disrupt the law 
enforcement and national security objectives of DHS.
  My bill, the Drone Origin Security Enhancement Act, addresses the 
threat by prohibiting DHS from acquiring unmanned aircraft systems 
manufactured in a foreign country labeled a strategic competitor by the 
Department of Defense. This is similar to a prohibition included in the 
National Defense Authorization Act of 2019 for the military.
  Simply put, my bill will ensure that DHS is not using drone equipment 
from a foreign government that our military already views as a threat.
  Much like the Department of Defense, DHS and its components have a 
critical mission. The risk introduced into these missions by foreign-
manufactured drones is not something that can be ignored. This 
legislation addresses this very real threat and will keep our 
adversaries from compromising the technology we use to keep Americans 
safe.
  Mr. Speaker, I want to thank my colleague from New Mexico for her 
leadership on this bill. I urge my colleagues to pass H.R. 4753, and I 
yield back the balance of my time.
  Ms. TORRES SMALL of New Mexico. Mr. Speaker, H.R. 4753 takes the 
much-needed step of protecting the Department of Homeland Security from 
cybersecurity threats associated with certain foreign-made drones.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Torres Small) that the House

[[Page H995]]

suspend the rules and pass the bill, H.R. 4753.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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