[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7818-S7820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4286. Mr. SCOTT of Florida (for himself, Mr. Hawley, Mr. Cotton, 
and Mr. Murphy) submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 X, add the following:

            Subtitle H--American Security Drone Act of 2021

     SEC. 1071. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2021''.

     SEC. 1072. 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. 1073. 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

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       (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. 1074. 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--
       (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. 1075. 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. 1076. 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. 1077. 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. 1078. 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. 1079. 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.

[[Page S7820]]

       (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. 1080. 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 1073, 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. 1081. SUNSET.

       Sections 1073, 1074, and 1075 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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