[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.''.
                                 <all>