I 
116TH CONGRESS 
1ST SESSION H. R. 5125 
To ban the Federal procurement of certain drones and other unmanned 
aircraft systems, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2019 
Mr. GALLAGHER (for himself, Mr. COURTNEY, Mr. YOHO, Mr. NORCROSS, Mr. 
GREEN of Tennessee, and Ms. SPEIER) introduced the following bill; 
which was referred to the Committee on Oversight and Reform 
A BILL 
To ban the Federal procurement of certain drones and other 
unmanned aircraft systems, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Security 
Drone Act of 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED
FOREIGN
ENTITY.—The term 
‘‘covered foreign entity’’ means— 
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(A) a covered entity (as determined by the 
Secretary of Commerce); 
(B) any entity that is subject to extrajudi-
cial direction from a foreign government, as de-
termined by the Director of National Intel-
ligence; 
(C) any entity the Secretary of Homeland 
Security, in coordination with the Director of 
National Intelligence, the Secretary of Defense, 
and the Secretary of State, determines poses a 
national security risk; 
(D) any entity subject to influence or con-
trol by the Government of the People Republic 
of China or the Communist Party of the Peo-
ple’s Republic of China, as determined by the 
Secretary of Homeland Security; and 
(E) any subsidiary or affiliate of an entity 
described in subparagraphs (A) through (D). 
(2) COVERED
UNMANNED
AIRCRAFT.—The 
term ‘‘covered unmanned aircraft’’ means an un-
manned aircraft system and any related services and 
equipment. 
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SEC. 3. BAN ON PROCUREMENT OF FOREIGN OFF-THE- 
SHELF DRONES AND UNMANNED AIRCRAFT 
SYSTEMS. 
(a) IN GENERAL.—Except as provided under sub-
sections (b) and (c), the head of an executive agency may 
not procure any commercial off-the-shelf drone or covered 
unmanned aircraft system manufactured or assembled by 
a covered foreign entity, including any Original Equip-
ment Manufacturer flight controllers, radios, data trans-
mission devices, cameras, or gimbals manufactured in a 
covered foreign country or by an entity domiciled in a cov-
ered foreign country. 
(b) EXEMPTION.—The Secretary of Homeland Secu-
rity and the Secretary of Defense are exempt from the 
restriction under subsection (a) if the operation or pro-
curement— 
(1) is for the purposes of training, testing, or 
analysis for— 
(A) counter-UAS surrogate intelligence; 
(B) electronic warfare; or 
(C) information warfare operations; and 
(2) is required in the national interest of the 
United States. 
(c) WAIVER.—The head of an executive agency may 
waive the prohibition under subsection (a) on a case-by- 
case basis with the approval of the Secretary of Homeland 
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Security or the Secretary of Defense and notification to 
Congress. 
SEC. 4. PROHIBITION ON OPERATION OF FOREIGN COM-
MERCIAL 
OFF-THE-SHELF 
DRONES 
AND 
SMALL UNMANNED AIRCRAFT SYSTEMS. 
(a) PROHIBITION.— 
(1) IN
GENERAL.—Beginning not later than 
180 days after the date of the enactment of this Act, 
no Federal department or agency may operate a 
commercial off-the-shelf drone or covered unmanned 
aircraft system manufactured or assembled by a cov-
ered foreign entity. 
(2) PHASE-IN
PERIOD
FOR
EXISTING
CON-
TRACTS.—The prohibition under paragraph (1) shall 
not apply, during the 1-year period beginning on the 
date of the enactment of this Act, to commercial off- 
the-shelf drones and covered unmanned aircraft sys-
tems procured through a contract entered into be-
fore the date of the enactment of this Act. 
(b) EXEMPTION.—The Secretary of Homeland Secu-
rity and the Secretary of Defense are exempt from the 
restriction under subsection (a) if the operation or pro-
curement— 
(1) is for the purposes of training, testing, or 
analysis for— 
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(A) counter-UAS surrogate intelligence; 
(B) electronic warfare; or 
(C) information warfare operations; and 
(2) is required in the national interest of the 
United States. 
(c) WAIVER.—The head of an executive agency may 
waive the prohibition under subsection (a) on a case-by- 
case basis with the approval of the Secretary of Homeland 
Security or the Secretary of Defense and notification to 
Congress. 
(d) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall prescribe regulations to imple-
ment this section. 
SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
PURCHASES AND OPERATION OF COMMER-
CIAL 
OFF-THE-SHELF 
DRONES 
AND 
UN-
MANNED AIRCRAFT SYSTEMS FROM CHINA. 
No Federal funds awarded through a contract, grant, 
or cooperative agreement or otherwise made available may 
be used to purchase a commercial off-the-shelf drone or 
covered unmanned aircraft system, or a system to counter 
unmanned aircraft systems, that is manufactured or as-
sembled by a covered foreign entity or in connection with 
the operation of such a drone or system. 
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SEC. 6. COMPTROLLER GENERAL REPORT. 
Not later than 90 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on the amount 
of commercial off-the-shelf drones and covered unmanned 
aircraft systems procured by Federal departments and 
agencies from covered foreign entities. 
Æ 
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