[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.
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(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.
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