[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5640 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5640

  To ban the Federal procurement of certain drones and other unmanned 
               aircraft systems, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2021

 Mr. Gooden of Texas 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Acquiring Foreign Espionage Act 
of 2021'' or the ``SAFE Drones Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered unmanned aircraft system.--The term ``covered 
        unmanned aircraft system'' has the meaning given the term 
        ``unmanned aircraft system'' in section 44801 of title 49, 
        United States Code.
            (2) Foreign adversary.--The term ``foreign adversary'' has 
        the meaning given such term in section 8(c) of the Secure and 
        Trusted Communications Networks Act of 2019 (47 U.S.C. 
        1607(c)).

SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT SYSTEMS 
              FROM FOREIGN ADVERSARIES.

    (a) In General.--Except as provided under subsections (b) though 
(f), the head of an executive agency may not procure any covered 
unmanned aircraft system that are manufactured or assembled by a 
foreign adversary, which includes associated elements (consisting of 
communication links and the components that control the unmanned 
aircraft) that are required for the operator to operate safely and 
efficiently in the national airspace system. The Federal Acquisition 
Security Council, in coordination with the Secretary of Transportation, 
shall develop and update a list of associated elements.
    (b) Exemption.--The Secretary of Homeland Security, the Secretary 
of Defense, and the Attorney General are exempt from the restriction 
under subsection (a) if the operation or procurement--
            (1) is for the sole purposes of research, evaluation, 
        training, testing, or analysis for--
                    (A) electronic warfare;
                    (B) information warfare operations;
                    (C) development of UAS or counter-UAS technology;
                    (D) counterterrorism or counterintelligence 
                activities; or
                    (E) Federal criminal or national security 
                investigations, including forensic examinations; and
            (2) is required in the national interest of the United 
        States.
    (c) Federal Aviation Administration Center of Excellence for 
Unmanned Aircraft Systems Exemption.--The Secretary of Transportation, 
in consultation with the Secretary of Homeland Security, is exempt from 
the restriction under subsection (a) if the operation or procurement is 
for the sole purposes of research, evaluation, training, testing, or 
analysis for the Federal Aviation Administration's Alliance for System 
Safety of UAS through Research Excellence (ASSURE) Center of Excellence 
(COE) for Unmanned Aircraft Systems.
    (d) National Transportation Safety Board Exemption.--The National 
Transportation Safety Board (NTSB), in consultation with the Secretary 
of Homeland Security, is exempt from the restriction under subsection 
(a) if the operation or procurement is necessary for the sole purpose 
of conducting safety investigations.
    (e) National Oceanic Atmospheric Administration Exemption.--The 
Administrator of the National Oceanic Atmospheric Administration 
(NOAA), in consultation with the Secretary of Homeland Security, is 
exempt from the restriction under subsection (a) if the operation or 
procurement is necessary for the sole purpose of marine or atmospheric 
science or management.
    (f) Waiver.--The head of an executive agency may waive the 
prohibition under subsection (a) on a case-by-case basis--
            (1) with the approval of the Secretary of Homeland Security 
        or the Secretary of Defense; and
            (2) upon notification to Congress.

SEC. 4. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS 
              FROM FOREIGN ADVERSARIES.

    (a) Prohibition.--
            (1) In general.--Beginning on the date that is 2 years 
        after the date of the enactment of this Act, no Federal 
        department or agency may operate a covered unmanned aircraft 
        system manufactured or assembled by a foreign adversary.
            (2) Applicability to contracted services.--The prohibition 
        under paragraph (1) applies to any covered unmanned aircraft 
        systems that are being used by any executive agency through the 
        method of contracting for the services of covered unmanned 
        aircraft systems.
    (b) Exemption.--The Secretary of Homeland Security, the Secretary 
of Defense, and the Attorney General are exempt from the restriction 
under subsection (a) if the operation or procurement--
            (1) is for the sole purposes of research, evaluation, 
        training, testing, or analysis for--
                    (A) electronic warfare;
                    (B) information warfare operations;
                    (C) development of UAS or counter-UAS technology;
                    (D) counterterrorism or counterintelligence 
                activities; or
                    (E) Federal criminal or national security 
                investigations, including forensic examinations; and
            (2) is required in the national interest of the United 
        States.
    (c) Federal Aviation Administration Center of Excellence for 
Unmanned Aircraft Systems Exemption.--The Secretary of Transportation, 
in consultation with the Secretary of Homeland Security, is exempt from 
the restriction under subsection (a) if the operation or procurement is 
for the sole purposes of research, evaluation, training, testing, or 
analysis for the Federal Aviation Administration's Alliance for System 
Safety of UAE through Research Excellence (ASSURE) Center of Excellence 
(COE) for Unmanned Aircraft Systems.
    (d) National Transportation Safety Board Exemption.--The National 
Transportation Safety Board (NTSB), in consultation with the Secretary 
of Homeland Security, is exempt from the restriction under subsection 
(a) if the operation or procurement is necessary for the sole purpose 
of conducting safety investigations.
    (e) National Oceanic Atmospheric Administration Exemption.--The 
Administrator of the National Oceanic Atmospheric Administration 
(NOAA), in consultation with the Secretary of Homeland Security, is 
exempt from the restriction under subsection (a) if the operation or 
procurement is necessary for the sole purpose of marine or atmospheric 
science or management.
    (f) Waiver.--The head of an executive agency may waive the 
prohibition under subsection (a) on a case-by-case basis--
            (1) with the approval of the Secretary of Homeland Security 
        or the Secretary of Defense; and
            (2) upon notification to Congress.
    (g) Regulations and Guidance.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall prescribe regulations or guidance to implement this section.

SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES AND OPERATION 
              OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM FOREIGN 
              ADVERSARIES.

    (a) In General.--Beginning on the date that is 2 years after the 
date of the enactment of this Act, except as provided in subsection 
(b), no Federal funds awarded through a contract, grant, or cooperative 
agreement, or otherwise made available may be used--
            (1) to purchase a covered unmanned aircraft system, or a 
        system to counter unmanned aircraft systems, that is 
        manufactured or assembled by a foreign adversary; or
            (2) in connection with the operation of such a drone or 
        unmanned aircraft system.
    (b) Exemption.--A Federal department or agency is exempt from the 
restriction under subsection (a) if--
            (1) the contract, grant, or cooperative agreement was 
        awarded prior to the date of the enactment of this Act; or
            (2) the operation or procurement is for the sole purposes 
        of research, evaluation, training, testing, or analysis, as 
        determined by the Secretary of Homeland Security, the Secretary 
        of Defense, or the Attorney General, for--
                    (A) electronic warfare;
                    (B) information warfare operations;
                    (C) development of UAS or counter-UAS technology;
                    (D) counterterrorism or counterintelligence 
                activities; or
                    (E) Federal criminal or national security 
                investigations, including forensic examinations; or
                    (F) the safe integration of UAS in the national 
                airspace (as determined in consultation with the 
                Secretary of Transportation); and
            (3) 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--
            (1) with the approval of the Secretary of Homeland Security 
        or the Secretary of Defense; and
            (2) upon notification to Congress.
    (d) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Acquisition Regulatory Council shall 
prescribe regulations or guidance, as necessary, to implement the 
requirements of this section pertaining to Federal contracts.

SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE CARDS TO 
              PURCHASE COVERED UNMANNED AIRCRAFT SYSTEMS FROM FOREIGN 
              ADVERSARIES.

    Effective immediately, Government-issued Purchase Cards may not be 
used to procure any covered unmanned aircraft system from a foreign 
adversary.

SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED AIRCRAFT 
              SYSTEMS FROM FOREIGN ADVERSARIES.

    (a) In General.--Effective immediately, all executive agencies must 
account for existing inventories of covered unmanned aircraft systems 
manufactured or assembled by a foreign adversary in their personal 
property accounting systems, regardless of the original procurement 
cost, or the purpose of procurement due to the special monitoring and 
accounting measures necessary to track the items' capabilities.
    (b) Classified Tracking.--Due to the sensitive nature of missions 
and operations conducted by the United States Government, inventory 
data related to covered unmanned aircraft systems manufactured or 
assembled by a foreign adversary may be tracked at a classified level.
    (c) Exceptions.--The Department of Defense and Department of 
Homeland Security may exclude from the full inventory process, covered 
unmanned aircraft systems that are deemed expendable due to mission 
risk such as recovery issues or that are one-time-use covered unmanned 
aircraft due to requirements and low cost.

SEC. 8. COMPTROLLER GENERAL REPORT.

    Not later than 275 days after the date of the enactment 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 foreign adversaries.

SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED AIRCRAFT 
              SYSTEMS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget, in coordination with the Department of Homeland Security, 
Department of Transportation, the Department of Justice, and other 
Departments as determined by the Director of the Office of Management 
and Budget, and in consultation with the National Institute of 
Standards and Technology, shall establish a government-wide policy for 
the procurement of UAS--
            (1) for non-Department of Defense and non-intelligence 
        community operations; and
            (2) through grants and cooperative agreements entered into 
        with non-Federal entities.
    (b) Information Security.--The policy developed under subsection 
(a) shall include the following specifications, which to the extent 
practicable, shall be based on industry standards and technical 
guidance from the National Institute of Standards and Technology, to 
address the risks associated with processing, storing and transmitting 
Federal information in a UAS:
            (1) Protections to ensure controlled access of UAS.
            (2) Protecting software, firmware, and hardware by ensuring 
        changes to UAS are properly managed, including by ensuring UAS 
        can be updated using a secure, controlled, and configurable 
        mechanism.
            (3) Cryptographically securing sensitive collected, stored, 
        and transmitted data, including proper handling of privacy data 
        and other controlled unclassified information.
            (4) Appropriate safeguards necessary to protect sensitive 
        information, including during and after use of UAS.
            (5) Appropriate data security to ensure that data is not 
        transmitted to or stored in non-approved locations.
            (6) The ability to opt out of the uploading, downloading, 
        or transmitting of data that is not required by law or 
        regulation and an ability to choose with whom and where 
        information is shared when it is required.
    (c) Requirement.--The policy developed under subsection (a) shall 
reflect an appropriate risk-based approach to information security 
related to use of UAS.
    (d) Revision of Acquisition Regulations.--Not later than 180 days 
after the date on which the policy required under subsection (a) is 
issued--
            (1) the Federal Acquisition Regulatory Council shall revise 
        the Federal Acquisition Regulation, as necessary, to implement 
        the policy; and
            (2) any Federal department or agency or other Federal 
        entity not subject to, or not subject solely to, the Federal 
        Acquisition Regulation shall revise applicable policy, 
        guidance, or regulations, as necessary, to implement the 
        policy.
    (e) Exemption.--In developing the policy required under subsection 
(a), the Director of the Office of Management and Budget shall 
incorporate an exemption to the policy for the following reasons:
            (1) In the case of procurement for the purposes of 
        training, testing, or analysis for--
                    (A) electronic warfare; or
                    (B) information warfare operations.
            (2) In the case of researching UAS technology, including 
        testing, evaluation, research, or development of technology to 
        counter UAS.
            (3) In the case of a head of the procuring department or 
        agency determining, in writing, that no product that complies 
        with the information security requirements described in 
        subsection (b) is capable of fulfilling mission critical 
        performance requirements, and such determination--
                    (A) may not be delegated below the level of the 
                Deputy Secretary of the procuring department or agency;
                    (B) shall specify--
                            (i) the quantity of end items to which the 
                        waiver applies, the procurement value of which 
                        may not exceed $50,000 per waiver; and
                            (ii) the time period over which the waiver 
                        applies, which shall not exceed 3 years;
                    (C) shall be reported to the Office of Management 
                and Budget following issuance of such a determination; 
                and
                    (D) not later than 30 days after the date on which 
                the determination is made, shall be provided to the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate and the Committee on Oversight and Reform 
                of the House of Representatives.

SEC. 10. STUDY.

    (a) Independent Study.--Not later than 3 years after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget shall seek to enter into a contract with a federally funded 
research and development center under which the center will conduct a 
study of--
            (1) the current and future unmanned aircraft system global 
        and domestic market;
            (2) the ability of the unmanned aircraft system domestic 
        market to keep pace with technological advancements across the 
        industry;
            (3) the ability of domestically made unmanned aircraft 
        systems to meet the network security and data protection 
        requirements of the national security enterprise;
            (4) the extent to which unmanned aircraft system component 
        parts, such as the parts described in section 3, are made 
        domestically; and
            (5) an assessment of the economic impact, including cost, 
        of excluding the use of foreign-made UAS for use across the 
        Federal Government.
    (b) Submission to OMB.--Upon completion of the study in subsection 
(a), the federally funded research and development center shall submit 
the study to the Director of the Office of Management and Budget.
    (c) Submission to Congress.--Not later than 30 days after the date 
on which the Director of the Office of Management and Budget receives 
the study under subsection (b), the Director shall submit the study 
to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Select Committee on Intelligence of the Senate; 
        and
            (2) the Committee on Homeland Security and the Committee on 
        Oversight and Reform and the Permanent Select Committee on 
        Intelligence of the House of Representatives.

SEC. 11. SUNSET.

    Sections 3, 4, and 5 shall cease to have effect on the date that is 
5 years after the date of the enactment of this Act.
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