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H.R. 4753 (116th): Drone Origin Security Enhancement Act

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The text of the bill below is as of Feb 10, 2020 (Passed the House).

Summary of this bill

Should America be purchasing drones from places like China and Iran? And if America stops, would they be able to sufficiently replace them with drones manufactured elsewhere?

Context

At least 14 federal agencies have purchased drones, in some cases hundreds or more. This includes the Department of Homeland Security and the Federal Emergency Management Agency (FEMA).

The world’s largest producer of drones is DJI, a company based in Shenzhen, China. Many fear that the Chinese government may be using these products to spy or steal data, as the Chinese smartphone and telecommunications company Huawei has been repeatedly accused of.

What the legislation does

The American Security Drone Act would …

IB

116th CONGRESS

2d Session

H. R. 4753

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To prohibit the Secretary of Homeland Security from operating or procuring foreign-made unmanned aircraft systems, and for other purposes.

1.

Short title

This Act may be cited as the Drone Origin Security Enhancement Act.

2.

Prohibition on operation or procurement of foreign-made unmanned aircraft systems

(a)

Prohibition on agency operation or procurement

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 or administered by a corporation domiciled in a covered foreign country; or

(2)

a system manufactured in a covered foreign country or by a corporation domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.

(b)

Waiver

The Secretary of Homeland Security may waive the prohibition under subsection (a) on a case by case basis by certifying 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 the operation or procurement that is the subject of such a waiver is required—

(1)

in the national interest of the United States;

(2)

for counter-UAS surrogate testing and training; or

(3)

for intelligence, electronic warfare, or information warfare operations, testing, analysis, and or training.

(c)

Definitions

In this section:

(1)

Covered foreign country

The term covered foreign country means a country labeled as a strategic competitor in the Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

(2)

Covered unmanned aircraft system

The term unmanned aircraft system has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 44802 note).

Passed the House of Representatives February 10, 2020.

Cheryl L. Johnson,

Clerk.