Unmanned Aerial Security Act

Floor Speech

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Mr. GUEST. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1501) to prohibit the Secretary of Homeland Security from operating or procuring certain foreign-made unmanned aircraft systems, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 1501

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Unmanned Aerial Security Act'' or the ``UAS Act''. SEC. 2. 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 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 business entity 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 business entity domiciled in a covered foreign country;

(C) uses a ground control system or operating software developed in a covered foreign country or by a business entity domiciled in a covered foreign country; or

(D) uses network connectivity or data storage located in a covered foreign country or administered by a business entity 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 business entity 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 business entity domiciled in a covered foreign country.

(b) Waiver.--

(1) In general.--The Secretary of Homeland Security is authorized to waive the prohibition under subsection (a) if the Secretary certifies 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 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 paragraphs (1) through (3) of such subsection that is the subject of such a waiver is required--

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

(B) for counter-DAS surrogate research, testing, development, evaluation, or training; or

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

(2) 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) 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 Homeland Security shall establish a process by which the head of an office or component of the Department of Homeland Security 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 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 paragraphs (1) through (3) of such subsection that was in the inventory of such office or component on the day before the effective date of this Act until--

(A) such time as the Secretary of Homeland Security 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 the enactment of this Act, whichever is later.

(d) Drone Origin Security Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a terrorism threat assessment and report that contains information relating to the following:

(1) The extent to which the Department of Homeland Security 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 described in any of paragraphs (1) through (3) of subsection (a) 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 described in any of paragraphs (1) through (3) of subsection (a) in operation by the Department, including an identification of the component or office of the Department at issue, as of such date.

(3) The extent to which information gathered by 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 paragraphs (1) through (3) of subsection (a) could be employed to harm the national or economic security of the United States.

(e) Definitions.--In this section:

(1) Business entity.--The term ``business entity'' has the meaning given such term in section 334 of the Graham-Leach- Bliley Act (15 U.S.C. 6764).

(2) 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.

(3) 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)).

(4) Unmanned aircraft system; uas.--The terms ``unmanned aircraft system'' and ``UAS'' have the meaning given the term ``unmanned aircraft system'' in section 44801 of title 49, United States Code.

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Mr. GUEST. 1501.

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Mr. GUEST. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise in support of H.R. 1501. It is imperative that the Department of Homeland Security is equipped to protect the Nation against all threats. This protection includes ensuring that the unmanned aircraft systems, or drones, that DHS uses and buys are not made in foreign countries that do not align with our interests, countries like China.

DHS requires the dominant, air domain capabilities that drones provide to accomplish many of its land and maritime missions. DHS uses drones for everything from surveilling the border to the Coast Guard National Security Cutter's operational need for a persistent airborne surveillance capability. Utilizing drones is a cost-effective way to cover large areas of the homeland.

However, many of the commercial drones used in the United States are manufactured in China, which dominates the United States' market. Of the top 10 drone manufacturers that supply the United States market, a single Chinese manufacturer towers over the others with nearly 77 percent of market share.

Because of this threat, several other Departments, such as Commerce and Interior, have taken actions to ground their drone fleets until the threat to U.S. Government data can be determined.

DHS has also issued warnings in recent years about Chinese-made drones, specifically citing concerns that they may be sending sensitive data to their manufacturers in China where it can then be assessed by the Chinese Government.

Our colleagues in the Senate share our concerns. In fact, Senator Rick Scott and Mark Warner have introduced similar legislation to ban the purchase and use of these drones across the Federal Government, not just at DHS.

Given the role drones have in protecting homeland security, it is more important than ever to require DHS to assess its drone fleets. Once DHS has identified the extent of the problem, we can then work with the Department to find a suitable solution.

This bill would require DHS to provide a threat assessment report to Congress on whether the agency has analyzed the threat of its drones that are manufactured in covered countries. It would also require that they report the number of these drones the department has in operation and the extent to which the information gathered by these drones may be a threat to the homeland or economic security of the United States.

Second, the bill would prohibit DHS from buying or using drones made in a covered foreign country going forward.

I am proud to say that this bill was passed out of the House Homeland Security Committee in a bipartisan fashion.

I thank my friend and colleague, Chairman Green, for being an original cosponsor of this bipartisan legislation and Congressman Cuellar for being a cosponsor of this bill. I am grateful that this body passed this measure in a bipartisan fashion last Congress, and I am optimistic that we will be able to do so again today.

Madam Speaker, with China looming as a growing threat on the horizon, maintaining our homeland security is of the utmost importance. I urge my colleagues to support H.R. 1501, and I reserve the balance of my time.

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Mr. GUEST. Madam Speaker, I, again, urge my colleagues to support H.R. 1501, and I yield back the balance of my time.
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