[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2646-S2649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 510. Mr. SCOTT of Florida (for himself, Mrs. Blackburn, Mr. 
Romney, and Mr. Warner) submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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:

[[Page S2647]]

  


                       Subtitle H--Drone Security

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``American Security Drone 
     Act of 2023''.

     SEC. 1092. 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 and 
     published in the System for Award Management (SAM). 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 Attorney General, 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's 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.
       (3) Intelligence; intelligence community.--The terms 
     ``intelligence'' and ``intelligence community'' have the 
     meanings given those terms in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).

     SEC. 1093. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     through (f), the head of an executive agency may not procure 
     any covered unmanned aircraft system that is manufactured or 
     assembled by a covered foreign entity, which includes 
     associated elements related to the collection and 
     transmission of sensitive information (consisting of 
     communication links and the components that control the 
     unmanned aircraft) that enable the operator to operate the 
     aircraft 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, the Director of National Intelligence, 
     and the Attorney General are exempt from the restriction 
     under subsection (a) if the procurement is required in the 
     national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation or procurement is deemed to support the safe, 
     secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, including activities 
     carried out under the Federal Aviation Administration's 
     Alliance for System Safety of UAS through Research Excellence 
     (ASSURE) Center of Excellence (COE) and any other activity 
     deemed to support the safe, secure, or efficient operation of 
     the National Airspace System or maintenance of public safety, 
     as determined by the Secretary or the Secretary's designee.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board, 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 and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the procurement is 
     necessary for the purpose of meeting NOAA's science or 
     management objectives or operational mission.
       (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 Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.

     SEC. 1094. PROHIBITION ON OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) Prohibition.--
       (1) In general.--Beginning on the date that is two 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, the Director of National Intelligence, 
     and the Attorney General are exempt from the restriction 
     under subsection (a) if the operation is required in the 
     national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation is deemed to support the safe, secure, or efficient 
     operation of the National Airspace System or maintenance of 
     public safety, including activities carried out under the 
     Federal Aviation Administration's Alliance for System Safety 
     of UAS through Research Excellence (ASSURE) Center of 
     Excellence (COE) and any other activity deemed to support the 
     safe, secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, as determined by the 
     Secretary or the Secretary's designee.
       (d) National Transportation Safety Board Exemption.--The 
     National Transportation Safety Board, in consultation with 
     the Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the operation is 
     necessary for the sole purpose of conducting safety 
     investigations.
       (e) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     Atmospheric Administration (NOAA), in consultation with the 
     Secretary of Homeland Security, is exempt from the 
     restriction under subsection (a) if the procurement is 
     necessary for the purpose of meeting NOAA's science or 
     management objectives or operational mission.
       (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 Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.
       (g) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security, in consultation with the Attorney General 
     and the Secretary of Transportation, shall prescribe 
     regulations or guidance to implement this section.

     SEC. 1095. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
                   PROCUREMENT AND OPERATION OF COVERED UNMANNED 
                   AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--Beginning on the date that is two 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 procure a covered unmanned aircraft system 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.--The Secretary of Homeland Security, the 
     Secretary of Defense, the Director of National Intelligence, 
     and the

[[Page S2648]]

     Attorney General are exempt from the restriction under 
     subsection (a) if the procurement or operation is required in 
     the national interest of the United States and--
       (1) is for the sole purposes of research, evaluation, 
     training, testing, or analysis for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of unmanned aircraft system or counter-unmanned aircraft 
     system technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations, 
     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of an unmanned aircraft system or counter-unmanned aircraft 
     system technology; or
       (3) is an unmanned aircraft system that, as procured or as 
     modified after procurement but before operational use, can no 
     longer transfer to, or download data from, a covered foreign 
     entity and otherwise poses no national security cybersecurity 
     risks as determined by the exempting official.
       (c) Department of Transportation and Federal Aviation 
     Administration Exemption.--The Secretary of Transportation is 
     exempt from the restriction under subsection (a) if the 
     operation or procurement is deemed to support the safe, 
     secure, or efficient operation of the National Airspace 
     System or maintenance of public safety, including activities 
     carried out under the Federal Aviation Administration's 
     Alliance for System Safety of UAS through Research Excellence 
     (ASSURE) Center of Excellence (COE) and any other activity 
     deemed to support the safe, secure, or efficient operation of 
     the National Airspace System or maintenance of public safety, 
     as determined by the Secretary or the Secretary's designee.
       (d) National Oceanic and Atmospheric Administration 
     Exemption.--The Administrator of the National Oceanic and 
     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 purpose of meeting NOAA's 
     science or management objectives or operational mission.
       (e) 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 Director of the Office of 
     Management and Budget, after consultation with the Federal 
     Acquisition Security Council; and
       (2) upon notification to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Oversight and Reform in the House of 
     Representatives; and
       (C) other appropriate congressional committees of 
     jurisdiction.
       (f) 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. 1096. 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. 1097. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN 
                   ENTITIES.

       (a) In General.--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, within one year 
     of the date of enactment of this Act, 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, as 
     determined by the Secretary of Homeland Security or the 
     Secretary's designee.
       (c) Exceptions.--The Department of Defense, the Department 
     of Homeland Security, the Department of Justice, the 
     Department of Transportation, and the National Oceanic and 
     Atmospheric Administration 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. 1098. 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. 1099. 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 an unmanned aircraft system--
       (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 an unmanned aircraft system:
       (1) Protections to ensure controlled access to an unmanned 
     aircraft system.
       (2) Protecting software, firmware, and hardware by ensuring 
     changes to an unmanned aircraft system are properly managed, 
     including by ensuring an unmanned aircraft system 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 an unmanned 
     aircraft system.
       (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 an unmanned aircraft 
     system.
       (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--
       (1) incorporate policies to implement the exemptions 
     contained in this subtitle; and
       (2) incorporate an exemption to the policy 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, or Administrator, of the procuring department or 
     agency;
       (B) shall specify--
       (i) the quantity of end items to which the waiver applies 
     and the procurement value of those items; and
       (ii) the time period over which the waiver applies, which 
     shall not exceed three 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. 1099A. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND 
                   EMERGENCY SERVICE EXEMPTION.

       (a) Rule of Construction.--Nothing in this subtitle shall 
     prevent a State, local, or territorial law enforcement or 
     emergency service agency from procuring or operating a 
     covered unmanned aircraft system purchased with non-Federal 
     dollars.
       (b) Continuity of Arrangements.--The Federal Government may 
     continue entering into contracts, grants, and cooperative 
     agreements or other Federal funding instruments with State, 
     local, or territorial law enforcement or emergency service 
     agencies under which a covered unmanned aircraft system will 
     be purchased or operated if the agency has received approval 
     or waiver to purchase or operate a covered unmanned aircraft 
     system pursuant to section 1095.

     SEC. 1099B. STUDY.

       (a) Study on the Supply Chain for Unmanned Aircraft Systems 
     and Components.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Under Secretary of 
     Defense for Acquisition and Sustainment shall provide to the 
     appropriate congressional committees a report on the supply 
     chain for covered unmanned aircraft systems, including a 
     discussion of current and projected future demand for covered 
     unmanned aircraft systems.

[[Page S2649]]

       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A description of the current and future global and 
     domestic market for covered unmanned aircraft systems that 
     are not widely commercially available except from a covered 
     foreign entity.
       (B) A description of the sustainability, availability, 
     cost, and quality of secure sources of covered unmanned 
     aircraft systems domestically and from sources in allied and 
     partner countries.
       (C) The plan of the Secretary of Defense to address any 
     gaps or deficiencies identified in subparagraph (B), 
     including through the use of funds available under the 
     Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and 
     partnerships with the National Aeronautics and Space 
     Administration and other interested persons.
       (D) Such other information as the Under Secretary of 
     Defense for Acquisition and Sustainment determines to be 
     appropriate.
       (3) Appropriate congressional committees defined.--In this 
     section the term ``appropriate congressional committees'' 
     means:
       (A) The Committees on Armed Services of the Senate and the 
     House of Representatives.
       (B) The Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Reform of the House of Representatives.
       (C) The Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives.
       (D) The Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (E) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (F) The Committee on Homeland Security of the House of 
     Representatives.

     SEC. 1099C. EXCEPTIONS.

       (a) Exception for Wildfire Management Operations and Search 
     and Rescue Operations.--The appropriate Federal agencies, in 
     consultation with the Secretary of Homeland Security, are 
     exempt from the procurement and operation restrictions under 
     sections 1093, 1094, and 1095 to the extent the procurement 
     or operation is necessary for the purpose of supporting the 
     full range of wildfire management operations or search and 
     rescue operations.
       (b) Exception for Intelligence Activities.--The elements of 
     the intelligence community, in consultation with the Director 
     of National Intelligence, are exempt from the procurement and 
     operation restrictions under sections 1093, 1094, and 1095 to 
     the extent the procurement or operation is necessary for the 
     purpose of supporting intelligence activities.
       (c) Exception for Tribal Law Enforcement or Emergency 
     Service Agency.--Tribal law enforcement or Tribal emergency 
     service agencies, in consultation with the Secretary of 
     Homeland Security, are exempt from the procurement, 
     operation, and purchase restrictions under sections 1093, 
     1094, and 1095 to the extent the procurement or operation is 
     necessary for the purpose of supporting the full range of law 
     enforcement operations or search and rescue operations on 
     Indian lands.

     SEC. 1099D. SUNSET.

       Sections 1093, 1094, and 1095 shall cease to have effect on 
     the date that is five years after the date of the enactment 
     of this Act.
                                 ______