[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 73 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 73
To ban the Federal procurement of certain drones and other unmanned
aircraft systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 27, 2021
Mr. Scott of Florida (for himself, Mr. Rubio, Mr. Cotton, Mrs.
Blackburn, Mr. Blumenthal, Mr. Murphy, and Mr. Hawley) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To ban the Federal procurement of certain drones and other unmanned
aircraft systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Security Drone Act of
2021''.
SEC. 2. DEFINITIONS.
In this Act:
(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. 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 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 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.
SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT SYSTEMS
FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b) though
(f), the head of an executive agency may not procure any covered
unmanned aircraft system that are manufactured or assembled by a
covered foreign entity, which includes associated elements (consisting
of communication links and the components that control the unmanned
aircraft) that are required for the operator to operate safely and
efficiently 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, and the Attorney General are exempt from the restriction
under subsection (a) if the operation or procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence
activities; or
(E) Federal criminal or national security
investigations, including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence for
Unmanned Aircraft Systems Exemption.--The Secretary of Transportation,
in consultation with the Secretary of Homeland Security, is exempt from
the restriction under subsection (a) if the operation or procurement is
for the sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance for System
Safety of UAS through Research Excellence (ASSURE) Center of Excellence
(COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board (NTSB), 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 Atmospheric Administration Exemption.--The
Administrator of the National Oceanic 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 sole purpose of marine or atmospheric
science or management.
(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 Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
SEC. 4. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS
FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is 2 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, and the Attorney General are exempt from the restriction
under subsection (a) if the operation or procurement--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence
activities; or
(E) Federal criminal or national security
investigations, including forensic examinations; and
(2) is required in the national interest of the United
States.
(c) Federal Aviation Administration Center of Excellence for
Unmanned Aircraft Systems Exemption.--The Secretary of Transportation,
in consultation with the Secretary of Homeland Security, is exempt from
the restriction under subsection (a) if the operation or procurement is
for the sole purposes of research, evaluation, training, testing, or
analysis for the Federal Aviation Administration's Alliance for System
Safety of UAE through Research Excellence (ASSURE) Center of Excellence
(COE) for Unmanned Aircraft Systems.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board (NTSB), 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 Atmospheric Administration Exemption.--The
Administrator of the National Oceanic 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 sole purpose of marine or atmospheric
science or management.
(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 Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(g) Regulations and Guidance.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland Security
shall prescribe regulations or guidance to implement this section.
SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR PURCHASES AND OPERATION
OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) In General.--Beginning on the date that is 2 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 purchase a covered unmanned aircraft system, or a
system to counter unmanned aircraft systems, 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.--A Federal department or agency is exempt from the
restriction under subsection (a) if--
(1) the contract, grant, or cooperative agreement was
awarded prior to the date of the enactment of this Act; or
(2) the operation or procurement is for the sole purposes
of research, evaluation, training, testing, or analysis, as
determined by the Secretary of Homeland Security, the Secretary
of Defense, or the Attorney General, for--
(A) electronic warfare;
(B) information warfare operations;
(C) development of UAS or counter-UAS technology;
(D) counterterrorism or counterintelligence
activities; or
(E) Federal criminal or national security
investigations, including forensic examinations; or
(F) the safe integration of UAS in the national
airspace (as determined in consultation with the
Secretary of Transportation); and
(3) is required in the national interest of the United
States.
(c) 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 Secretary of Homeland Security
or the Secretary of Defense; and
(2) upon notification to Congress.
(d) 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. 6. 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. 7. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Effective immediately, 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, 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.
(c) Exceptions.--The Department of Defense and Department of
Homeland Security 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. 8. 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. 9. 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 UAS--
(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 a UAS:
(1) Protections to ensure controlled access of UAS.
(2) Protecting software, firmware, and hardware by ensuring
changes to UAS are properly managed, including by ensuring UAS
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 UAS.
(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 UAS.
(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
incorporate an exemption to the policy for the following reasons:
(1) In the case of procurement for the purposes of
training, testing, or analysis for--
(A) electronic warfare; or
(B) information warfare operations.
(2) In the case of researching UAS technology, including
testing, evaluation, research, or development of technology to
counter UAS.
(3) 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 of the procuring department or agency;
(B) shall specify--
(i) the quantity of end items to which the
waiver applies, the procurement value of which
may not exceed $50,000 per waiver; and
(ii) the time period over which the waiver
applies, which shall not exceed 3 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. 10. STUDY.
(a) Independent Study.--Not later than 3 years after the date of
the enactment of this Act, the Director of the Office of Management and
Budget shall seek to enter into a contract with a federally funded
research and development center under which the center will conduct a
study of--
(1) the current and future unmanned aircraft system global
and domestic market;
(2) the ability of the unmanned aircraft system domestic
market to keep pace with technological advancements across the
industry;
(3) the ability of domestically made unmanned aircraft
systems to meet the network security and data protection
requirements of the national security enterprise;
(4) the extent to which unmanned aircraft system component
parts, such as the parts described in section 3, are made
domestically; and
(5) an assessment of the economic impact, including cost,
of excluding the use of foreign-made UAS for use across the
Federal Government.
(b) Submission to OMB.--Upon completion of the study in subsection
(a), the federally funded research and development center shall submit
the study to the Director of the Office of Management and Budget.
(c) Submission to Congress.--Not later than 30 days after the date
on which the Director of the Office of Management and Budget receives
the study under subsection (b), the Director shall submit the study
to--
(1) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Homeland Security and the Committee on
Oversight and Reform and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 11. SUNSET.
Sections 3, 4, and 5 shall cease to have effect on the date that is
5 years after the date of the enactment of this Act.
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