[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5408-S5409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3098. Mr. SCOTT of Florida (for himself and Mr. Warner) submitted
an amendment intended to be proposed by him 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 appropriate place, insert the following:
SEC. ___. COUNTERING CCP DRONES.
(a) Determination of Whether Unmanned Aircraft Systems
Manufacturers Are Chinese Military Companies.--Pursuant to
the annual review required under section 1260H(a) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113
note), the Secretary of Defense shall determine if any entity
that manufactures or assembles unmanned aircraft systems (as
defined in section 44801 of title 49, United States Code), or
any subsidiary, parent, affiliate, or successor of such an
entity, should be identified under such section 1260H(a) as a
Chinese military company operating directly or indirectly in
the United States.
(b) Addition of Certain Equipment and Services of DJI
Technologies and Autel Robotics to Covered Communications
Equipment and Services List.--
(1) In general.--Section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601) is
amended--
(A) in subsection (c), by adding at the end the following:
``(5) The communications equipment or service being--
``(A) communications or video surveillance equipment
produced or provided by--
``(i) Shenzhen Da-Jiang Innovations Sciences and
Technologies Company Limited (commonly known as `DJI
Technologies');
``(ii) Autel Robotics; or
``(iii) with respect to an entity described in clause (i)
or (ii) (referred to in this clause as a `named entity')--
[[Page S5409]]
``(I) any subsidiary, affiliate, or partner of the named
entity;
``(II) any entity in a joint venture with the named entity;
or
``(III) any entity to which the named entity has issued a
license to produce or provide that telecommunications or
video surveillance equipment; or
``(B) telecommunications or video surveillance services,
including software, provided by an entity described in
subparagraph (A) or using equipment described in that
subparagraph.
``(6)(A) The communications equipment or service being any
communications equipment or service produced or provided by
an entity--
``(i) that is a subsidiary, affiliate, or partner of an
entity that produces or provides any communications equipment
or service described in any of paragraphs (1) through (5)
(referred to in this subparagraph as a `covered entity');
``(ii) that is in a joint venture with a covered entity; or
``(iii) to which a covered entity has issued a license to
produce or provide that communications equipment or service.
``(B) An executive branch interagency body described in
paragraph (1) may submit to the Commission a petition to have
an entity recognized as an entity to which subparagraph (A)
applies.''; and
(B) by adding at the end the following:
``(e) Inapplicability to Authorized Intelligence
Activities.--
``(1) Definitions.--In this subsection, 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).
``(2) Inapplicability.--Notwithstanding any other provision
of this section, an action by the Commission under subsection
(b)(1) based on a determination made under paragraph (5) or
(6) of subsection (c) shall not apply with respect to any--
``(A) activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.);
``(B) activity of an element of the intelligence community
relating to intelligence; or
``(C) activity of, or procurement by, an element of the
intelligence community in support of an activity relating to
intelligence.''.
(2) Conforming amendments.--Section 2 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C. 1601)
is amended by striking ``paragraphs (1) through (4)'' each
place that term appears and inserting ``paragraphs (1)
through (6)''.
(3) Effective date.--This subsection, and the amendments
made by this subsection, shall take effect on the date that
is 180 days after the date of enactment of this Act.
(c) First Responder Secure Drone Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--
(i) In general.--The term ``eligible entity'' means an
agency of an entity described in clause (ii) that has as a
primary responsibility the maintenance of public safety.
(ii) Entity described.--An entity described in this clause
is any of the following:
(I) Each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(II) A political subdivision, including a unit of local
government, of an entity described in subclause (I).
(III) A Tribal Government.
(B) Eligible small unmanned aircraft system.--The term
``eligible small unmanned aircraft system'' means a small
unmanned aircraft system, as defined in part 107 of title 14,
Code of Federal Regulations (or any successor regulation),
that--
(i) was not designed, manufactured, or assembled, in whole
or in part, by a foreign entity of concern; or
(ii) does not include software or 1 or more critical
components from a foreign entity of concern.
(C) Foreign entity of concern.--The term ``foreign entity
of concern'' has the meaning given the term in section 9901
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
(D) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(E) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
(2) Authority.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
program, in coordination with the Attorney General, to be
known as the First Responder Secure Drone Program, to provide
grants to eligible entities to facilitate the use of eligible
small unmanned aircraft systems.
(3) Use of grant amounts.--An eligible entity may use a
grant provided under this subsection to--
(A) purchase or lease eligible small unmanned aircraft
systems;
(B) purchase or lease software, training, and other
services reasonably associated with the purchase or lease of
eligible small unmanned aircraft systems; and
(C) dispose of unmanned aircraft systems owned by the
eligible entity.
(4) Restrictions on grant uses.--In administering grants
under this program, the Secretary, in coordination with the
Attorney General, shall ensure funds are used in a manner
that safeguards civil liberties and mitigates cybersecurity
risks concerning the operation and use of the eligible small
unmanned aircraft system.
(5) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require,
including an assurance that the eligible entity or any
contractor of the eligible entity, will comply with relevant
Federal regulations.
(6) Federal share.--
(A) In general.--Except as provided in subparagraph (B),
the Federal share of the allowable costs of a project carried
out using a grant provided under this subsection shall not
exceed 50 percent of the total allowable project costs.
(B) Waiver.--The Secretary may increase the Federal share
under subparagraph (A) to up to 75 percent if an eligible
entity--
(i) submits a written application to the Secretary
requesting an increase in the Federal share; and
(ii) demonstrates that the additional assistance is
necessary to facilitate the acceptance and full use of a
grant under this subsection, due to circumstances such as
alleviating economic hardship, meeting additional workforce
needs, or any other uses that the Secretary determines to be
appropriate.
(7) Sunset of program.--The program established under this
subsection shall end on the date that is the earlier of--
(A) the date on which all appropriations authorized under
paragraph (7) are expended; and
(B) the date that is 2 years after the date of enactment of
this Act.
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