[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Pages S5027-S5028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5635. Mrs. HYDE-SMITH submitted an amendment intended to be
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to
authorize appropriations for fiscal year 2023 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. 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 may not operate, provide financial assistance for,
or enter into or renew a contract for the procurement of--
(1) an unmanned aircraft system 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 is authorized to waive the
prohibition under subsection (a) if the Secretary certifies
in writing to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives 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 paragraphs (1) through (3) of subsection (a) 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, or training.
(2) Notice.--Not later than 14 days after the date on which
a waiver is issued under
[[Page S5028]]
paragraph (1), the Secretary shall submit the certification
described in paragraph (1) to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives.
(c) Effective Dates.--
(1) In general.--This section shall take effect on the date
that is 120 days after the date of enactment of this Act.
(2) Waiver process.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish a
process by which the head of an office or component of the
Department 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 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 paragraphs
(1) through (3) of subsection (a) that was in the inventory
of the office or component on the day before the effective
date of this Act until the later of--
(A) such time as the Secretary 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 enactment of this Act.
(d) Drone Origin Security Report to Congress.--Not later
than 180 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a terrorism
threat assessment and report that contains information
relating to the following:
(1) The extent to which the Department 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 the
date on which the report is submitted.
(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 the most recent annual report on worldwide
threats issued by the Director of National Intelligence
pursuant to section 108B of the National Security Act of 1947
(50 U.S.C. 3043b) (commonly known as the ``Annual Threat
Assessment''); or
(B) the Secretary, in coordination with the Director of
National Intelligence, has identified as a foreign adversary
that is not included in such Annual Threat Assessment.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) 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 (49 U.S.C. 40101 note).
______