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S. 1790: National Defense Authorization Act for Fiscal Year 2020

To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

More here: https://www.govtrack.us/congress/bills/116/s1790/text/enr

Sec. 848. Prohibition on operation or procurement of foreign-made unmanned aircraft systems.

a)

Prohibition on agency operation or procurement

The Secretary of Defense may not operate or enter into or renew a contract for the procurement of—

(1)

a covered unmanned aircraft system that—

(A)

is manufactured in a covered foreign country or by an 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 an entity domiciled in a covered foreign country;

(C)

uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or

(D)

uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or

(2)

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

(b)

Exemption

The Secretary of Defense is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of—

(1)

Counter-UAS surrogate testing and training; or

(2)

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

(c)

Waiver

The Secretary of Defense may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the congressional defense committees that the operation or procurement is required in the national interest of the United States.

(d)

Definitions

In this section:

(1)

Covered foreign country

The term covered foreign country means the People’s Republic of China.

(2)

Covered unmanned aircraft system

The term covered unmanned aircraft system means an unmanned aircraft system and any related services and equipment.

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