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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E--Industrial Base Matters

P. L. 116-92

House Conference Report 116-333

(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.

The Senate bill contained a provision (sec. 863) that would prohibit the operation or procurement of foreign-made unmanned aircraft systems by the Department of Defense. The House amendment contained a similar provision (sec. 854, as amended by sec. 899D) that would prohibit the Secretary of Defense from operating or entering into a contract for the procurement of certain unmanned aircraft systems.

The House recedes.

Additionally, the conferees encourage the Secretary of Defense to take such action as necessary to strengthen the domestic production of small unmanned aircraft systems (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 44802 note)), as described under Presidential Determination No. 2019-13 of June 10, 2019.

Senate Report 116-48

Prohibition on operation or procurement of foreign-made unmanned aircraft systems (sec. 863)

The committee recommends a provision that would prohibit the operation or procurement of foreign-made unmanned aircraft systems by the Department of Defense.