[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).
                                 ______