[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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