S.Amdt. 5635

1. Adds SEC. ____. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS wherever appropriate

   Adds a section

   Inserted: SEC. ____. PROHIBITION ON OPERATION OR PROCUREMENT OF CERTAIN FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.

   Inserted: (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--

   Inserted: (1) an unmanned aircraft system that--

   Inserted: (A) is manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country;

   Inserted: (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;

   Inserted: (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

   Inserted: (D) uses network connectivity or data storage located in a covered foreign country or administered by a corporation domiciled in a covered foreign country;

   Inserted: (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

   Inserted: (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.

   Inserted: (b) Waiver.--

   Inserted: (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--

   Inserted: (A) in the national interest of the United States;

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   Inserted: (B) for counter-UAS surrogate research, testing, development, evaluation, or training; or

   Inserted: (C) for intelligence, electronic warfare, or information warfare operations, testing, analysis, or training.

   Inserted: (2) Notice.--Not later than 14 days after the date on which a waiver is issued under 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.

   Inserted: (c) Effective Dates.--

   Inserted: (1) In general.--This section shall take effect on the date that is 120 days after the date of enactment of this Act.

   Inserted: (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).

   Inserted: (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--

   Inserted: (A) such time as the Secretary has--

   Inserted: (i) granted a waiver relating thereto under subsection (b); or

   Inserted: (ii) declined to grant such a waiver; or

   Inserted: (B) one year after the date of enactment of this Act.

   Inserted: (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:

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) Covered foreign country.--The term "covered foreign country" means a country that--

   Inserted: (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

   Inserted: (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.

   Inserted: (2) Department.--The term "Department" means the Department of Homeland Security.

   Inserted: (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)).

   Inserted: (4) Secretary.--The term "Secretary" means the Secretary of Homeland Security.

   Inserted: (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).

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   Original wording

   At the appropriate place, insert the following:

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As printed