[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 473 Reported in Senate (RS)]
<DOC>
Calendar No. 190
118th CONGRESS
1st Session
S. 473
[Report No. 118-87]
To provide for drone security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2023
Mr. Scott of Florida (for himself, Mr. Warner, Mr. Rubio, Mr.
Blumenthal, Mrs. Blackburn, Mr. Murphy, Mr. Hawley, and Mr. Romney)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
August 22, 2023
Reported under authority of the order of the Senate of July 27, 2023,
by Mr. Peters, without amendment
_______________________________________________________________________
A BILL
To provide for drone security.
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
2023''.
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 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. 3. 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. 4. 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. 5. 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 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. 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.--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. 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 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 Act; 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. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND EMERGENCY
SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this Act 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 5.
SEC. 11. 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.
(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. 12. 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 3, 4, and 5 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 3, 4, and 5 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 3, 4, and 5 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. 13. SUNSET.
Sections 3, 4, and 5 shall cease to have effect on the date that is
five years after the date of the enactment of this Act.
Calendar No. 190
118th CONGRESS
1st Session
S. 473
[Report No. 118-87]
_______________________________________________________________________
A BILL
To provide for drone security.
_______________________________________________________________________
August 22, 2023
Reported under authority of the order of the Senate of July 27, 2023,
without amendment