[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4940-S4941]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2605. Mrs. BRITT submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 F--Preventing Procurement and Operation of Humanoid Robots 
                     From Covered Foreign Entities

     SEC. 894. SHORT TITLE.

       This subtitle may be cited as the ``Preventing Procurement 
     and Operation of Humanoid Robots from Covered Foreign 
     Entities Act of 2024''.

     SEC. 895. 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 
     Defense, in coordination with the Secretary of State.
       (C) Any entity the Secretary of Defense, in coordination 
     with the Secretary of State, the Attorney General, the 
     Director of National Intelligence, and the Secretary of 
     Homeland Security, 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 
     Defense, in coordination with the Secretary of State.
       (E) Any subsidiary or affiliate of an entity described in 
     subparagraphs (A) through (D).
       (2) Humanoid robot.--The term ``humanoid robot''--
       (A) means an autonomous or semi-autonomous machine that--
       (i) possesses a body structure that simulates the human 
     form, including--

       (I) a head, torso, arms, and legs, or any configuration 
     thereof that resembles a human silhouette; and
       (II) articulated joints and limbs allowing for human-like 
     movement and dexterity;

       (ii) is capable of performing tasks typically associated 
     with human activities, including--

       (I) walking, running, or any other forms of bipedal or 
     quadrupedal locomotion;
       (II) grasping, lifting, or manipulating objects using hands 
     or hand-like appendages; and
       (III) communicating using natural language processing to 
     understand and respond to verbal or written commands;

       (iii) operates with varying levels of autonomy, including--

       (I) fully autonomous operation using integrated artificial 
     intelligence systems to make decisions without direct human 
     intervention; or
       (II) semi-autonomous operation requiring human oversight, 
     command, or control for certain functions; and

       (iv) is equipped with sensors, cameras, or other devices 
     that enable--

       (I) environmental perception and interaction, including 
     recognizing and navigating physical spaces; and
       (II) interaction with humans or other robots, including 
     understanding and responding to social cues, gestures, and 
     speech; and

       (B) does not include--
       (i) industrial robots that--

       (I) are designed for repetitive, non-interactive tasks 
     within a controlled environment; and
       (II) do not meet the criteria outlined in subparagraph (A); 
     and

       (ii) remote-controlled devices that--

       (I) lack autonomous decision-making capabilities; and
       (II) do not meet the criteria outlined in subparagraph (A).

       (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. 896. PROHIBITION ON PROCUREMENT OF HUMANOID ROBOTS FROM 
                   COVERED FOREIGN ENTITIES.

       (a) In General.--Except as provided under subsections (b) 
     and (c), the Secretary of Defense may not procure any 
     humanoid robot that is manufactured or assembled by a covered 
     foreign entity.
       (b) Exemption.--The Secretary of Defense is 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 humanoid robots or counter-humanoid robot 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 a humanoid robot or counter-humanoid robot technology; or
       (3) is a humanoid robot 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) Waiver.--The Secretary of Defense 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 the Committee on Armed Service of 
     the Senate and the Committee on Armed Service of the House of 
     Representatives.
       (d) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall prescribe regulations or guidance to implement 
     this section.

     SEC. 897. PROHIBITION ON OPERATION OF HUMANOID ROBOTS 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, the Department 
     of Defense may not operate a humanoid robot manufactured or 
     assembled by a covered foreign entity.
       (2) Applicability to contracted services.--The prohibition 
     under paragraph (1) applies to any covered humanoid robot 
     that is being used by the Department of Defense through the 
     method of contracting for the services of humanoid robots.
       (b) Exemption.--The Secretary of Defense is 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 humanoid robot technology;
       (2) is for the sole purposes of conducting counterterrorism 
     or counterintelligence activities, protective missions, or 
     Federal criminal or national security investigations,

[[Page S4941]]

     including forensic examinations, or for electronic warfare, 
     information warfare operations, cybersecurity, or development 
     of humanoid robot technology; or
       (3) is a humanoid robot 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) Waiver.--The Secretary of Defense 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 the Committee on Armed Service of 
     the Senate and the Committee on Armed Service of the House of 
     Representatives.
       (d) Regulations and Guidance.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall prescribe regulations or guidance to implement 
     this section.

     SEC. 898. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT 
                   AND OPERATION OF HUMANOID ROBOTS 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 humanoid robot that is manufactured or 
     assembled by a covered foreign entity; or
       (2) in connection with the operation of such a humanoid 
     robot.
       (b) Exemption.--The Secretary of Defense is 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 humanoid robots;
       (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 a humanoid robot; or
       (3) is a humanoid robot 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) Waiver.--The Secretary of Defense 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 the Committee on Armed Service of 
     the Senate and the Committee on Armed Service of the House of 
     Representatives.
       (d) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations or guidance, as necessary, to implement 
     the requirements of this section pertaining to Department of 
     Defense contracts.

     SEC. 899. MANAGEMENT OF EXISTING INVENTORIES OF COVERED 
                   HUMANOID ROBOTS FROM COVERED FOREIGN ENTITIES.

       (a) In General.--The Department of Defense must account for 
     existing inventories of humanoid robots manufactured or 
     assembled by a covered foreign entity in its personal 
     property accounting system, 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 humanoid robots 
     manufactured or assembled by a covered foreign entity may be 
     tracked at a classified level, as determined by the Secretary 
     of Defense or the Secretary's designee.
       (c) Exceptions.--The Department of Defense may exclude from 
     the full inventory process humanoid robots that are deemed 
     expendable due to mission risk such as recovery issues, or 
     that are one-time-use humanoid robots due to requirements and 
     low cost.
       (d) Intelligence Community Exception.--Nothing in this 
     section shall apply to any element of the intelligence 
     community.

     SEC. 899A. 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 the congressional defense committees a report on 
     the amount of commercial off-the-shelf humanoid robots 
     procured by the Department of Defense from covered foreign 
     entities, except that nothing in this section shall apply to 
     any element of the intelligence community.

     SEC. 899B. STUDY.

       (a) Study on the Supply Chain for Humanoid Robots and 
     Components.--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 
     humanoid robots, including a discussion of current and 
     projected future demand for humanoid robots.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) A description of the current and future global and 
     domestic market for humanoid robots that are not widely 
     commercially available except from a covered foreign entity.
       (2) A description of the sustainability, availability, 
     cost, and quality of secure sources of humanoid robots 
     domestically and from sources in allied and partner 
     countries.
       (3) 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.
       (4) Such other information as the Under Secretary of 
     Defense for Acquisition and Sustainment determines to be 
     appropriate.
       (c) Appropriate Congressional Committees Defined.--In this 
     section the term ``appropriate congressional committees'' 
     means:
       (1) The Committees on Armed Services of the Senate and the 
     House of Representatives.
       (2) The Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Oversight and 
     Reform of the House of Representatives.
       (3) The Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives.
       (4) The Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
       (5) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (6) The Committee on Homeland Security of the House of 
     Representatives.
       (7) The Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 899C. EXCEPTION FOR INTELLIGENCE ACTIVITIES.

       Sections 896, 897, and 898 shall not apply to any activity 
     subject to the reporting requirements under title V of the 
     National Security Act of 1947 (50 U.S.C. 3091 et seq.), any 
     authorized intelligence activities of the United States, or 
     any activity or procurement that supports an authorized 
     intelligence activity.
                                 ______