[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1830 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1830
To prohibit the Federal Aviation Administration from awarding any
Federal assistance to entities from certain foreign countries for
projects related to unmanned aircraft systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2023
Mrs. Blackburn (for herself and Mr. Warner) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit the Federal Aviation Administration from awarding any
Federal assistance to entities from certain foreign countries for
projects related to 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 ``Stemming The Operation of Pernicious
and Illicit Drones Act'' or the ``STOP Illicit Drones Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Covered foreign country.--The term ``covered foreign
country'' means any of the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(E) The Bolivarian Republic of Venezuela.
(F) The Republic of Cuba.
(G) Any other country the Administrator deems
necessary.
(3) Covered foreign entity.--The term ``covered foreign
entity'' means an entity that is--
(A) included on the Consolidated Screening List
maintained by the Under Secretary of Commerce for
International Trade;
(B) domiciled in a covered foreign country;
(C) subject to influence or control by the
government of a covered foreign country; or
(D) owned by an entity that is described in
subparagraph (A), (B), or (C).
(4) Unmanned aircraft system; uas.--The terms ``unmanned
aircraft system'' and ``UAS'' have the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
SEC. 3. PROHIBITION ON FUNDING FOR ENTITIES FROM COVERED FOREIGN
COUNTRIES FOR PROJECTS RELATED TO UNMANNED AIRCRAFT
SYSTEMS.
(a) Aviation Research Grants Program.--Not later than 180 days
after the date of enactment of this section, the Administrator shall
amend FAA Order 9550.7B, Aviation Research Grants Program (dated
November 25, 2014), as well as any corresponding policy or guidance
material, to prohibit--
(1) any covered foreign entity from receiving aviation
research and development grants for any project related to
unmanned aircraft systems; and
(2) any entity from using such grants to partner with or
otherwise transact business relating to covered unmanned
aircraft systems with covered foreign entities.
(b) Aviation Workforce Development Programs.--Section 625(c) of the
FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``An application for a grant'' and inserting
``Subject to paragraph (3), an application for a grant'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``An application for a grant'' and inserting
``Subject to paragraph (3), an application for a grant''; and
(3) by adding at the end the following new paragraph:
``(3) Applications from covered foreign entities.--
``(A) Prohibition.--Beginning on the date of
enactment of this paragraph, an application for a grant
under the program established under subsection (a)(1)
or (a)(2) may not be submitted for an eligible project
related to unmanned aircraft systems (as defined in
section 44801 of title 49, United States Code) by--
``(i) a covered foreign entity; or
``(ii) an entity that uses or intends to
use such grant to benefit a covered foreign
entity.
``(B) Definitions.--For purposes of this paragraph:
``(i) Covered foreign country.--The term
`covered foreign country' means any of the
following:
``(I) The People's Republic of
China.
``(II) The Russian Federation.
``(III) The Islamic Republic of
Iran.
``(IV) The Democratic People's
Republic of Korea.
``(V) The Bolivarian Republic of
Venezuela.
``(VI) The Republic of Cuba.
``(VII) Any other country the
Administrator of the Federal Aviation
Administration deems necessary.
``(ii) Covered foreign entity.--The term
`covered foreign entity' means an entity that
is--
``(I) included on the Consolidated
Screening List maintained by the Under
Secretary of Commerce for International
Trade;
``(II) domiciled in a covered
foreign country;
``(III) subject to influence or
control by the government of a covered
foreign country; or
``(IV) owned by an entity that is
described in subclause (I), (II), or
(III).''.
(c) Centers of Excellence.--
(1) Community and technical college centers of excellence
in small unmanned aircraft system technology training.--Section
631 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101
note) is amended--
(A) in subsection (a), by striking ``Not later than
180 days'' and inserting ``Subject to subsection (f),
not later than 180 days''; and
(B) by adding at the end the following new
subsection:
``(f) Prohibition.--
``(1) In general.--Beginning on the date of enactment of
this subsection, the Secretary of Transportation may not
designate any covered foreign entity as a Center of Excellence
under subsection (a).
``(2) Definitions.--For purposes of this subsection:
``(A) Covered foreign country.--The term `covered
foreign country' means any of the following:
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of
Korea.
``(v) The Bolivarian Republic of Venezuela.
``(vi) The Republic of Cuba.
``(vii) Any other country the Administrator
of the Federal Aviation Administration deems
necessary.
``(B) Covered foreign entity.--The term `covered
foreign entity' means an entity that is--
``(i) included on the Consolidated
Screening List maintained by the Under
Secretary of Commerce for International Trade;
``(ii) domiciled in a covered foreign
country;
``(iii) subject to influence or control by
the government of a covered foreign country; or
``(iv) owned by an entity that is described
in clause (i), (ii), or (iii).''.
(2) Regional centers of air transportation excellence.--
Section 44513 of title 49, United States Code, is amended--
(A) in subsection (a), by striking ``The
Administrator'' and inserting ``Subject to subsection
(i), the Administrator''; and
(B) by adding at the end the following new
subsection:
``(i) Prohibition.--
``(1) In general.--Beginning on the date of enactment of
this subsection, the Administrator may not issue a grant under
subsection (a) to a covered foreign entity to establish or
operate a regional center of air transportation excellence
related to unmanned aircraft systems (as defined in section
44801).
``(2) Definitions.--For purposes of this subsection:
``(A) Covered foreign country.--The term `covered
foreign country' means any of the following:
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of
Korea.
``(v) The Bolivarian Republic of Venezuela.
``(vi) The Republic of Cuba.
``(vii) Any other country the Administrator
deems necessary.
``(B) Covered foreign entity.--The term `covered
foreign entity' means an entity that is--
``(i) included on the Consolidated
Screening List maintained by the Under
Secretary of Commerce for International Trade;
``(ii) domiciled in a covered foreign
country;
``(iii) subject to influence or control by
the government of a covered foreign country; or
``(iv) owned by an entity that is described
in clause (i), (ii), or (iii).''.
(d) Other FAA Funding.--
(1) Facilities, personnel, and research.--
(A) In general.--Chapter 445 of title 49, United
States Code, is amended by adding at the end the
following new section:
``Sec. 44520. Prohibition on drone-related funding to covered foreign
entities
``(a) In General.--The Administrator of the Federal Aviation
Administration may not issue a grant under this chapter to a covered
foreign entity for any project related to unmanned aircraft systems.
``(b) Definitions.--For purposes of this section:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.
``(E) The Bolivarian Republic of Venezuela.
``(F) The Republic of Cuba.
``(G) Any other country the Administrator of the
Federal Aviation Administration deems necessary.
``(2) Covered foreign entity.--The term `covered foreign
entity' means an entity that is--
``(A) included on the Consolidated Screening List
maintained by the Under Secretary of Commerce for
International Trade;
``(B) domiciled in a covered foreign country;
``(C) subject to influence or control by the
government of a covered foreign country; or
``(D) owned by an entity that is described in
subparagraph (A), (B), or (C).
``(3) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given that term in section
44801.
``(c) Effective Date.--The prohibition under subsection (a) shall
apply to any grant awarded by the Administrator on or after the date of
enactment of this section.''.
(B) Clerical amendment.--The analysis for chapter
445 of such title 49 is amended by inserting after the
item relating to section 44519 the following:
``44520. Prohibition on drone-related funding to covered foreign
entities.''.
(2) Airport improvement project grant applications.--
Section 47105(a) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Prohibition.--
``(A) In general.--The Secretary of Transportation
may not award a grant under this subchapter to a
covered foreign entity for any project related to
unmanned aircraft systems (as defined in section
44801).
``(B) Effective date.--The prohibition under
subparagraph (A) shall apply to any grant awarded by
the Secretary on or after the date of enactment of this
paragraph.
``(C) Definitions.--For purposes of this paragraph:
``(i) Covered foreign country.--The term
`covered foreign country' means any of the
following:
``(I) The People's Republic of
China.
``(II) The Russian Federation.
``(III) The Islamic Republic of
Iran.
``(IV) The Democratic People's
Republic of Korea.
``(V) The Bolivarian Republic of
Venezuela.
``(VI) The Republic of Cuba.
``(VII) Any other country the
Administrator of the Federal Aviation
Administration deems necessary.
``(ii) Covered foreign entity.--The term
`covered foreign entity' means an entity that
is--
``(I) included on the Consolidated
Screening List maintained by the Under
Secretary of Commerce for International
Trade;
``(II) domiciled in a covered
foreign country;
``(III) subject to influence or
control by the government of a covered
foreign country; or
``(IV) owned by an entity that is
described in subclause (I), (II), or
(III).''.
(3) AIP funding eligibility.--Section 44810(e) of title 49,
United States Code, is amended--
(A) by striking ``Eligibility.--Upon the
certification'' and inserting ``Eligibility.--
``(1) In general.--Subject to paragraph (2), upon the
certification''; and
(B) by adding at the end the following new
paragraph:
``(2) Prohibition.--
``(A) In general.--The Administrator may not award
a grant under paragraph (1) to a covered foreign entity
for any project related to unmanned aircraft systems.
``(B) Effective date.--The prohibition under
subparagraph (A) shall apply to any grant awarded under
paragraph (1) on or after the date of enactment of the
Stemming The Operation of Pernicious and Illicit Drones
Act.
``(C) Definitions.--For purposes of this
subsection:
``(i) Covered foreign country.--The term
`covered foreign country' means any of the
following:
``(I) The People's Republic of
China.
``(II) The Russian Federation.
``(III) The Islamic Republic of
Iran.
``(IV) The Democratic People's
Republic of Korea.
``(V) The Bolivarian Republic of
Venezuela.
``(VI) The Republic of Cuba.
``(VII) Any other country the
Administrator deems necessary.
``(ii) Covered foreign entity.--The term
`covered foreign entity' means an entity that
is--
``(I) included on the Consolidated
Screening List or Entity List
maintained by the Under Secretary of
Commerce for International Trade;
``(II) domiciled in a covered
foreign country;
``(III) subject to influence or
control by the government of a covered
foreign country; or
``(IV) owned by an entity that is
described in subclause (I), (II), or
(III).''.
SEC. 4. PROHIBITION ON FAA OPERATION, PROCUREMENT, OR CONTRACTING
ACTION WITH RESPECT TO COVERED UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 44811. Prohibition on operation, procurement, or contracting
action with respect to covered unmanned aircraft systems
``(a) In General.--Subject to subsection (b), the Administrator
shall not--
``(1) operate a covered unmanned aircraft system; or
``(2) enter into, extend, or renew a contract--
``(A) for the procurement of a covered unmanned
aircraft system; or
``(B) with an entity that operates (as determined
by the Administrator) a covered unmanned aircraft
system in the performance of any Federal Aviation
Administration contract.
``(b) Exemption.--The restrictions under subsection (a) shall not
apply if the operation, procurement, or contracting action is for the
purpose of--
``(1) detection or counter-UAS system surrogate testing and
training (including at Federal Aviation Administration-approved
testing sites);
``(2) intelligence, electronic warfare, and information
warfare operations, testing (including at Federal Aviation
Administration-approved testing sites), analysis, and training;
or
``(3) research to inform unmanned aircraft system data-
driven policy decisions, safety assessments, procedures,
rulemaking, and standards to safely integrate emerging entrants
into the national airspace system (including at Federal
Aviation Administration-approved testing sites).
``(c) Waiver.--The Administrator may waive the restrictions under
subsection (a) on a case by case basis by certifying, in writing, to
the Secretary of Homeland Security and the appropriate committees of
Congress that the operation, procurement, or contracting action is
required in the public interest.
``(d) Replacement of Covered Unmanned Aircraft Systems.--Not later
than 1 year after the date of enactment of this section, the
Administrator shall replace any covered unmanned aircraft system that
is owned or operated by the Federal Aviation Administration as of the
date of enactment of this section with an unmanned aircraft system
manufactured in the United States or an allied country (as that term is
defined in section 2350f(d)(1) of title 10, United States Code).
``(e) Report to Congress.--Not later than 180 days after the date
of enactment of this section, the Administrator shall submit to the
appropriate committees of Congress a report that includes--
``(1) a description of the changes the Federal Aviation
Administration has made to its operation, procurement, and
contracting processes to ensure that the Administration does
not acquire any covered unmanned aircraft system;
``(2) the number of covered unmanned aircraft systems that
needed to be replaced in accordance with subsection (d),
including--
``(A) an explanation of the purposes for which such
covered unmanned aircraft systems were used;
``(B) a description of the unmanned aircraft
systems that the Administrator will purchase to replace
such covered unmanned aircraft systems; and
``(C) the cost to replace the identified unmanned
aircraft systems; and
``(3) any other information determined appropriate by the
Administrator.
``(f) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Subcommittee on Transportation, Housing
and Urban Development, and Related Agencies of the
Committee on Appropriations of the Senate;
``(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(D) the Subcommittee on Transportation, Housing
and Urban Development, and Related Agencies of the
Committee on Appropriations of the House of
Representatives.
``(3) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.
``(E) The Bolivarian Republic of Venezuela.
``(F) The Republic of Cuba.
``(G) Any other country the Administrator deems
necessary.
``(4) Covered unmanned aircraft system.--The term `covered
unmanned aircraft system' means an unmanned aircraft system
that is--
``(A) included on the Consolidated Screening List
maintained by the Under Secretary of Commerce for
International Trade;
``(B) produced by an entity domiciled in a covered
foreign country; or
``(C) produced by an entity subject to influence or
control by the government of a covered foreign
country.''.
(b) Clerical Amendment.--The analysis for chapter 448 of such title
is amended by inserting after the item relating to section 44810 the
following:
``44811. Prohibition on operation, procurement, or contracting action
with respect to covered unmanned aircraft
systems.''.
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