118 S1830 IS: Stemming The Operation of Pernicious and Illicit Drones Act
U.S. Senate
2023-06-06
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 1830
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.
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”.
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.
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:
“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).”.
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:
“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.”.