S.Amdt. 4186

SA 4186. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 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 end of subtitle G of title X, add 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 subsections (b), (c), and (d)(3), the
Secretary of Defense and 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 (referred to in this
section as ``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 Defense or the Secretary
of Homeland Security may waive the prohibition under
subsection (a) if the Secretary submits a written
certification described in paragraph (2) to--
(A) in the case of the Secretary of Defense, the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives; and
(B) in the case of the Secretary of Homeland Security, the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.
(2) Contents.--A certification described in this paragraph
shall certify that 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 (A)
through (C) of subsection (a)(1) that is the subject of a
waiver under paragraph (1) 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.
(3) 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) Federal Aviation Administration Center of Excellence
for Unmanned Aircraft Systems Exemption.--The restriction
under subsection (a) shall not apply with respect to the
operation or procurement of a UAS which the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, determines is for the sole purposes of
research, evaluation, training, testing, or analysis for the
Federal Aviation Administration's Alliance for System Safety
of UAS through Research Excellence (ASSURE) Center of
Excellence (COE) for Unmanned Aircraft Systems.
(d) 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 Defense and
the Secretary of Homeland Security shall each establish a
process by which the head of an office or component of the
Department of Defense or Department of Homeland Security,
respectively, 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 Defense or 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 subsection (a) that was in the inventory of
such office or component on the day before the effective date
of this Act until, the later of--
(A) the date on which the Secretary of Defense or Secretary
of Homeland Security, as the case may be
(i) grants a waiver relating thereto under subsection (b);
or
(ii) declines to grant such a waiver, or
(B) 1 year after the date of the enactment of this Act.
(e) Drone Origin Security Report to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall each submit to the
congressional committees described in paragraph (2) a
terrorism threat assessment and report that contains
information relating to the following:
(A) The extent to which the Department of Defense or
Department of Homeland Security, as the case may be, 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.
(B) 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 of Defense or Department of
Homeland Security, as the case may be, including an
identification of the component or office of the Department
at issue, as of such date.
(C) 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

[[Page S7651]]

from a covered foreign country could be employed to harm the
national or economic security of the United States.
(2) Committees described.--The congressional committees
described in this paragraph are--
(A) in the case of the Secretary of Defense, the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives; and
(B) in the case of the Secretary of Homeland Security, the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives.
(f) 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).
______