Kansas 2025-2026 Regular Session

Kansas House Bill HB2293 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2293
33 By Committee on Commerce, Labor and Economic Development
44 Requested by Representative Croft
55 2-5
66 AN ACT concerning infrastructure; relating to drone technology;
77 prohibiting the acquisition of critical components of drone technology
88 from countries of concern; relating to state contracts; prohibiting state
99 agencies from procuring final or finished goods or services from a
1010 foreign principal.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. (a) In addition to the provisions of K.S.A. 75-3739, and
1313 amendments thereto, and any other applicable statutes concerning
1414 purchases, a governmental agency shall not purchase or acquire any drone
1515 or any related services, maintenance agreements or equipment, the critical
1616 components of which were:
1717 (1) Produced in any country of concern; or
1818 (2) produced or owned by any foreign principal.
1919 (b) Any critical components for drones or any related services or
2020 equipment that were acquired prior to July 1, 2025, and that are not in
2121 compliance with subsection (a) may continue to be used by the
2222 governmental agency that acquired such critical components. When a
2323 governmental agency determines that a critical component must be
2424 replaced, the governmental agency may use any replacement component
2525 acquired prior to July 1, 2025, but no new replacement component shall be
2626 acquired from any foreign principal.
2727 (c) Any acquisition that is otherwise prohibited under subsection (a)
2828 or (b) may be completed by a governmental agency if:
2929 (1) There is no other reasonable means to acquire such critical
3030 components or of addressing the needs of the governmental agency
3131 necessitating such acquisition;
3232 (2) the agreement for such acquisition is approved by the secretary of
3333 administration after consultation with the adjutant general; and
3434 (3) failure to acquire such critical components or otherwise address
3535 the needs of the governmental agency would pose a greater threat to the
3636 safety and security of this state than that posed by entering into such
3737 acquisition agreement.
3838 (d) The provisions of this section shall not apply to any contract or
3939 agreement entered into prior to July 1, 2025.
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7575 Sec. 2. (a) (1) Except as provided by paragraph (2), no state agency
7676 shall enter into a contract or agreement to procure final or finished goods
7777 or services from a foreign principal.
7878 (2) A state agency may enter into a contract or agreement to procure
7979 final or finished goods or services from a foreign principal if such foreign
8080 principal:
8181 (A) Previously received a determination that there are no unresolved
8282 national security concerns and action under 50 U.S.C. § 4565, as in effect
8383 on July 1, 2025, that has concluded with respect to a covered transaction,
8484 if such foreign principal has not undergone a change in control constituting
8585 a covered control transaction since such determination to conclude action
8686 was made; or
8787 (B) has a national security agreement in effect on July 1, 2025, with
8888 the committee on foreign investment in the United States, or the United
8989 States department of defense, under 50 U.S.C. § 4565, as in effect on July
9090 1, 2025, and maintains such national security agreement.
9191 (b) The provisions of this section shall not apply to any contract or
9292 agreement entered into prior to July 1, 2025.
9393 Sec. 3. As used in sections 1 and 2, and amendments thereto:
9494 (a) "Company" means any:
9595 (1) For-profit corporation, partnership, limited partnership, limited
9696 liability partnership, limited liability company, joint venture, trust,
9797 association, sole proprietorship or other organization, including any:
9898 (A) Subsidiary of such company, a majority ownership interest of
9999 which is held by such company;
100100 (B) parent company that holds a majority ownership interest of such
101101 company; and
102102 (C) other affiliate or business association of such company whose
103103 primary purpose is to make a profit; or
104104 (2) nonprofit organization.
105105 (b) (1) "Country of concern" means the following:
106106 (A) People's republic of China, including the Hong Kong special
107107 administrative region;
108108 (B) republic of Cuba;
109109 (C) islamic republic of Iran;
110110 (D) democratic people's republic of Korea;
111111 (E) Russian federation; and
112112 (F) Bolivarian republic of Venezuela.
113113 (2) "Country of concern" does not include the republic of China
114114 (Taiwan).
115115 (c) (1) "Critical component" means those components or
116116 subcomponents that are:
117117 (A) Distinct and serviceable articles; and
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161161 (B) the primary component or subcomponent of an identifiable
162162 process or subprocess necessary to the recording, storing or transmitting of
163163 data or any other form of information.
164164 (2) "Critical component" includes any software installed in a drone.
165165 (d) "Domicile" means the country where a:
166166 (1) Company is organized;
167167 (2) company completes a substantial portion of its business; or
168168 (3) majority of a company's ownership interest is held.
169169 (e) "Drone" means an unmanned aircraft that is controlled remotely
170170 by a human operator or operates autonomously through computer software
171171 or other programming.
172172 (f) "Foreign principal" means:
173173 (1) The government or any official of the government of a country of
174174 concern;
175175 (2) any political party, subdivision thereof or any member of a
176176 political party of a country of concern;
177177 (3) any corporation, partnership, association, organization or other
178178 combination of persons organized under the laws of or having its principal
179179 place of business in a country of concern. "Foreign principal" includes any
180180 subsidiary owned or wholly controlled by any such entity;
181181 (4) any agent of or any entity otherwise under the control of a country
182182 of concern;
183183 (5) any individual whose residence is in a country of concern and
184184 who is not a citizen or lawful permanent resident of the United States; or
185185 (6) any individual, entity or combination thereof described in
186186 paragraphs (1) through (5) that has a controlling interest in any company
187187 formed for the purpose of manufacturing, distributing, transporting or
188188 selling critical components for drones and related services and equipment.
189189 (g) "Governmental agency" means the state or any political or taxing
190190 subdivision of the state or any office, agency or instrumentality thereof.
191191 (h) "State agency" means any department, authority, bureau, division,
192192 office or other governmental agency of this state.
193193 Sec. 4. This act shall take effect and be in force from and after its
194194 publication in the statute book.
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