[Congressional Record Volume 167, Number 170 (Wednesday, September 29, 2021)]
[House]
[Pages H5544-H5545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1630
                      UNMANNED AERIAL SECURITY ACT

  Mr. THOMPSON of Mississippi. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 4682) to prohibit the Secretary of Homeland 
Security from operating or procuring certain foreign-made unmanned 
aircraft systems, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4682

       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).
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi (Mr. Thompson) and the gentleman from Mississippi (Mr. 
Guest) each will control 20 minutes.
  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I

[[Page H5545]]

may consume. I rise in support of H.R. 4682, the Unmanned Aerial 
Security Act.
  Mr. Speaker, to help carry out many of its many missions, the 
Department of Homeland Security has increasingly come to rely on 
drones.
  For instance, DHS utilizes drones to get ``eyes in the sky'' to make 
timely assessments about the extent of damage caused by hurricanes, 
tornadoes, and other natural disasters in instances in where FEMA 
cannot easily deploy personnel to affected areas by ground.
  In remote parts of the land border, DHS uses this technology to 
detect and prevent illicit drug activities. With so many unmanned 
aerial systems in the marketplace today developed in nations that are 
considered foreign adversaries, there are legitimate security concerns 
about the integrity of data they collect.
  In fact, recent reports suggest that Chinese-manufactured drones 
might be compromised and used to send sensitive information to the 
Chinese Government. In response to security concerns, the Departments 
of Interior and Defense have taken steps to limit their use of foreign-
made drones.
  H.R. 4682, the Unmanned Aerial Security Act, would direct the 
Department of Homeland Security to take similar protective measures. It 
would prohibit DHS from purchasing or using drone systems manufactured 
in a foreign country that is deemed to be an adversary by either the 
intelligence community's Annual Threat Assessment or the Secretary of 
Homeland Security.
  Importantly, H.R. 4682 does allow the DHS Secretary to waive the 
prohibition, case by case, in certain circumstances, such as for 
counter-drone research, testing, development, training, or for certain 
intelligence operations.
  H.R. 4682 has bipartisan support and was reported out of committee by 
voice vote.
  Mr. Speaker, I urge my House colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. GUEST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 4682, the Unmanned 
Aerial Security Act.
  It is imperative that the Department of Homeland Security be able to 
protect the Nation against all threats. This defense includes ensuring 
that the unmanned aircraft systems, commonly known as drones, that DHS 
uses and buys, are not made in foreign countries that do not align with 
our interests; countries such as China.
  DHS requires the dominant, air domain capabilities that drones 
provide to accomplish many of its land and maritime missions. We know 
that DHS uses drones for surveilling our southwest border. Utilizing 
drones is a cost-efficient way to protect large areas of the homeland.
  However, many of the commercial drones used in the United States are 
manufactured in China, which dominates the United States market. Of the 
top 10 drone manufacturers that supply the United States market, a 
single Chinese manufacturer towers over all the others with nearly 77 
percent of the market share.
  DHS has issued warnings in recent years about Chinese-made drones, 
specifically citing concerns that they may be sending sensitive data to 
their manufacturers in China, where it can be accessed by the Chinese 
Government.
  Our colleagues in the Senate share our concern. In fact, Senator Rick 
Scott has introduced similar legislation to ban the purchase and use of 
these drones across the Federal Government, not just at DHS.
  Given the role that drones have in protecting homeland security, it 
is more important than ever to require DHS to assess its drone fleets. 
This bill would require DHS to provide a threat assessment report to 
Congress on whether the agency has analyzed the threat of its drone 
from adversarial nations; the number of these drones that the 
Department is currently operating; and the extent to which the 
information gathered by these drones may be a threat to the homeland or 
economic security of the United States.
  Second, the bill would prohibit DHS from buying or using drones made 
in adversarial nations going forward.
  Mr. Speaker, I would like to thank my friend and colleague, Ranking 
Member Katko, for being an original cosponsor of this bipartisan 
legislation. Along with Members on the other side of the aisle, this is 
truly a bipartisan piece of legislation.
  With China looming as a growing threat on the horizon, maintaining 
our homeland security is of the utmost importance, and I urge my 
colleagues to support this bill. Mr. Speaker, I reserve the balance of 
my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I have no more speakers, 
and I am prepared to close after the gentleman from Mississippi closes. 
I reserve the balance of my time.
  Mr. GUEST. Mr. Speaker, I have no further speakers, and I urge all 
Members to support this bill, and I yield back the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time.
  Mr. Speaker, I commend my colleague from Mississippi (Mr. Guest) for 
introducing this bill that seeks to ensure the integrity and security 
of the drone systems that the Department of Homeland Security operates.
  Mr. Speaker, I urge my colleagues to support H.R. 4682, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Mississippi (Mr. Thompson) that the House suspend the 
rules and pass the bill, H.R. 4682, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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