IIB 

118TH CONGRESS 

1ST SESSION H. R. 1501 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 5, 2023 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Unmanned Aerial Se3 curity Act’’ or the ‘‘UAS Act’’. 

4 SEC. 2. PROHIBITION ON OPERATION OR PROCUREMENT 

5 OF CERTAIN FOREIGN-MADE UNMANNED AIR6 CRAFT SYSTEMS. 

7 (a) PROHIBITION ON AGENCY OPERATION OR PRO8 CUREMENT.—Except as provided in subsection (b) and 

9 subsection (c)(3), the Secretary of Homeland Security 

10 may not operate, provide financial assistance for, or enter 

11 into or renew a contract for the procurement of— 

12 (1) an unmanned aircraft system (UAS) that— 

13 (A) is manufactured in a covered foreign 

14 country or by a business entity domiciled in a 

15 covered foreign country; 

16 (B) uses flight controllers, radios, data 

17 transmission devices, cameras, or gimbals man18 ufactured in a covered foreign country or by a 

19 business entity domiciled in a covered foreign 

20 country; 

21 (C) uses a ground control system or oper22 ating software developed in a covered foreign 

23 country or by a business entity domiciled in a 

24 covered foreign country; or 

25 (D) uses network connectivity or data stor26 age located in a covered foreign country or adVerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501

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1 ministered by a business entity domiciled in a 

2 covered foreign country; 

3 (2) a software operating system associated with 

4 a UAS that uses network connectivity or data stor5 age located in a covered foreign country or adminis6 tered by a business entity domiciled in a covered for7 eign country; or 

8 (3) a system for the detection or identification 

9 of a UAS, which system is manufactured in a cov10 ered foreign country or by a business entity domi11 ciled in a covered foreign country. 

12 (b) WAIVER.— 

13 (1) IN GENERAL.—The Secretary of Homeland 

14 Security is authorized to waive the prohibition under 

15 subsection (a) if the Secretary certifies in writing to 

16 the Committee on Homeland Security of the House 

17 of Representatives and the Committee on Homeland 

18 Security and Governmental Affairs of the Senate 

19 that a UAS, a software operating system associated 

20 with a UAS, or a system for the detection or identi21 fication of a UAS described in any of paragraphs (1) 

22 through (3) of such subsection that is the subject of 

23 such a waiver is required— 

24 (A) in the national interest of the United 

25 States; 


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1 (B) for counter-DAS surrogate research, 

2 testing, development, evaluation, or training; or 

3 (C) for intelligence, electronic warfare, or 

4 information warfare operations, testing, anal5 ysis, and or training. 

6 (2) NOTICE.—The certification described in 

7 paragraph (1) shall be submitted to the Committees 

8 specified in such paragraph by not later than the 

9 date that is 14 days after the date on which a waiv10 er is issued under such paragraph. 

11 (c) EFFECTIVE DATES.— 

12 (1) IN GENERAL.—This Act shall take effect on 

13 the date that is 120 days after the date of the enact14 ment of this Act. 

15 (2) WAIVER PROCESS.—Not later than 60 days 

16 after the date of the enactment of this Act, the Sec17 retary of Homeland Security shall establish a proc18 ess by which the head of an office or component of 

19 the Department of Homeland Security may request 

20 a waiver under subsection (b). 

21 (3) EXCEPTION.—Notwithstanding the prohibi22 tion under subsection (a), the head of an office or 

23 component of the Department of Homeland Security 

24 may continue to operate a UAS, a software oper25 ating system associated with a UAS, or a system for 


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1 the detection or identification of a UAS described in 

2 any of paragraphs (1) through (3) of such sub3 section that was in the inventory of such office or 

4 component on the day before the effective date of 

5 this Act until— 

6 (A) such time as the Secretary of Home7 land Security has— 

8 (i) granted a waiver relating thereto 

9 under subsection (b); or 

10 (ii) declined to grant such a waiver; or 

11 (B) one year after the date of the enact12 ment of this Act, whichever is later. 

13 (d) DRONE ORIGIN SECURITY REPORT TO CON14 GRESS.—Not later than 180 days after the date of the 

15 enactment of this Act, the Secretary of Homeland Security 

16 shall submit to the Committee on Homeland Security of 

17 the House of Representatives and the Committee on 

18 Homeland Security and Governmental Affairs of the Sen19 ate a terrorism threat assessment and report that contains 

20 information relating to the following: 

21 (1) The extent to which the Department of 

22 Homeland Security has previously analyzed the 

23 threat that a UAS, a software operating system as24 sociated with a UAS, or a system for the detection 

25 or identification of a UAS described in any of paraVerDate Sep 11 2014 02:00 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1501.RFS H1501

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1 graphs (1) through (3) of subsection (a) operating 

2 in the United States poses, and the results of such 

3 analysis. 

4 (2) The number of UAS, software operating 

5 systems associated with a UAS, or systems for the 

6 detection or identification of a UAS described in any 

7 of paragraphs (1) through (3) of subsection (a) in 

8 operation by the Department, including an identi9 fication of the component or office of the Depart10 ment at issue, as of such date. 

11 (3) The extent to which information gathered 

12 by a UAS, a software operating system associated 

13 with a UAS, or a system for the detection or identi14 fication of a UAS described in any of paragraphs (1) 

15 through (3) of subsection (a) could be employed to 

16 harm the national or economic security of the 

17 United States. 

18 (e) DEFINITIONS.—In this section: 

19 (1) BUSINESS ENTITY.—The term ‘‘business 

20 entity’’ has the meaning given such term in section 

21 334 of the Graham-Leach-Bliley Act (15 U.S.C. 

22 6764). 

23 (2) COVERED FOREIGN COUNTRY.—The term 

24 ‘‘covered foreign country’’ means a country that— 


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1 (A) the intelligence community has identi2 fied as a foreign adversary in its most recent 

3 Annual Threat Assessment; or 

4 (B) the Secretary of Homeland Security, 

5 in coordination with the Director of National 

6 Intelligence, has identified as a foreign adver7 sary that is not included in such Annual Threat 

8 Assessment. 

9 (3) INTELLIGENCE COMMUNITY.—The term 

10 ‘‘intelligence community’’ has the meaning given 

11 such term in section 3(4) of the National Security 

12 Act of 1947 (50 U.S.C. 3003(4)). 

13 (4) UNMANNED AIRCRAFT SYSTEM; UAS.—The 

14 terms ‘‘unmanned aircraft system’’ and ‘‘UAS’’ have 

15 the meaning given the term ‘‘unmanned aircraft sys16 tem’’ in section 44801 of title 49, United States 

17 Code. 

Passed the House of Representatives July 27, 2023. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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