[Congressional Record Volume 166, Number 128 (Tuesday, July 21, 2020)]
[Senate]
[Pages S4357-S4359]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2485. Mr. SCOTT of Florida (for himself, Mr. Murphy, Mrs.
Blackburn, Mr. Blumenthal, Mr. Cotton, Mr. Rubio, Mr. Hawley, and Ms.
McSally) submitted an amendment intended to be proposed to amendment SA
2301 proposed by Mr. Inhofe to the bill S. 4049, to authorize
appropriations for fiscal year 2021 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII, add the following:
Subtitle H--Limitation on Procurement of Drones and Other Unmanned
Aircraft Systems
SEC. 896. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone
Act of 2020''.
SEC. 897. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. This
list will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(C) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of Defense, determines poses a national
security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) 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.
SEC. 898. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(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 covered foreign entity, 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. 899. PROHIBITION ON OPERATION OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
(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 covered foreign entity.
(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--
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(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.
(e) 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. 899A. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES
AND OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(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 covered foreign entity; 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. 899B. PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE
CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
Effective immediately, Government-issued Purchase Cards may
not be used to procure any covered unmanned aircraft system
from a covered foreign entity.
SEC. 899C. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.-- Effective immediately, all executive
agencies must account for existing inventories of covered
unmanned aircraft systems manufactured or assembled by a
covered foreign entity 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 covered
foreign entity 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. 899D. 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 covered
foreign entities.
SEC. 899E. 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
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provided to the Committee on Homeland Security and Government
Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives.
SEC. 899F. 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 898(a), 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 of the Senate; and
(2) the Committee on Homeland Security and the Committee on
Oversight and Government Reform of the House of
Representatives.
SEC. 899G. SUNSET.
Sections 898, 899, and 899A 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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