American Security Drone Act of 2021

II Calendar No. 666 117TH CONGRESS 2D SESSION S. 73 [Report No. 117–267] 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. BLACK- BURN, 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 DECEMBER 19, 2022 Reported by Mr. PETERS, without amendment 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘American Security 4 Drone Act of 2021’’. 5 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 73 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) COVERED FOREIGN ENTITY.—The term 3 ‘‘covered foreign entity’’ means an entity included on 4 a list developed and maintained by the Federal Ac- 5 quisition Security Council. This list will include enti- 6 ties in the following categories: 7 (A) An entity included on the Consolidated 8 Screening List. 9 (B) Any entity that is subject to 10 extrajudicial direction from a foreign govern- 11 ment, as determined by the Secretary of Home- 12 land Security. 13 (C) Any entity the Secretary of Homeland 14 Security, in coordination with the Director of 15 National Intelligence and the Secretary of De- 16 fense, determines poses a national security risk. 17 (D) Any entity domiciled in the People’s 18 Republic of China or subject to influence or 19 control by the Government of the People Re- 20 public of China or the Communist Party of the 21 People’s Republic of China, as determined by 22 the Secretary of Homeland Security. 23 (E) Any subsidiary or affiliate of an entity 24 described in subparagraphs (A) through (D). 25 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 73 RS (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 1 The term ‘‘covered unmanned aircraft system’’ has 2 the meaning given the term ‘‘unmanned aircraft sys- 3 tem’’ in section 44801 of title 49, United States 4 Code. 5 SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN- 6 MANNED AIRCRAFT SYSTEMS FROM COV- 7 ERED FOREIGN ENTITIES. 8 (a) IN GENERAL.—Except as provided under sub- 9 sections (b) though (f), the head of an executive agency 10 may not procure any covered unmanned aircraft system 11 that are manufactured or assembled by a covered foreign 12 entity, which includes associated elements (consisting of 13 communication links and the components that control the 14 unmanned aircraft) that are required for the operator to 15 operate safely and efficiently in the national airspace sys- 16 tem. The Federal Acquisition Security Council, in coordi- 17 nation with the Secretary of Transportation, shall develop 18 and update a list of associated elements. 19 (b) EXEMPTION.—The Secretary of Homeland Secu- 20 rity, the Secretary of Defense, and the Attorney General 21 are exempt from the restriction under subsection (a) if the 22 operation or procurement— 23 (1) is for the sole purposes of research, evalua- 24 tion, training, testing, or analysis for— 25 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 73 RS (A) electronic warfare; 1 (B) information warfare operations; 2 (C) development of UAS or counter-UAS 3 technology; 4 (D) counterterrorism or counterintelligence 5 activities; or 6 (E) Federal criminal or national security 7 investigations, including forensic examinations; 8 and 9 (2) is required in the national interest of the 10 United States. 11 (c) FEDERAL AVIATION ADMINISTRATION CENTER 12 OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS 13 EXEMPTION.—The Secretary of Transportation, in con- 14 sultation with the Secretary of Homeland Security, is ex- 15 empt from the restriction under subsection (a) if the oper- 16 ation or procurement is for the sole purposes of research, 17 evaluation, training, testing, or analysis for the Federal 18 Aviation Administration’s Alliance for System Safety of 19 UAS through Research Excellence (ASSURE) Center of 20 Excellence (COE) for Unmanned Aircraft Systems. 21 (d) NATIONAL TRANSPORTATION SAFETY BOARD 22 EXEMPTION.—The National Transportation Safety Board 23 (NTSB), in consultation with the Secretary of Homeland 24 Security, is exempt from the restriction under subsection 25 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 73 RS (a) if the operation or procurement is necessary for the 1 sole purpose of conducting safety investigations. 2 (e) NATIONAL OCEANIC ATMOSPHERIC ADMINISTRA- 3 TION EXEMPTION.—The Administrator of the National 4 Oceanic Atmospheric Administration (NOAA), in con- 5 sultation with the Secretary of Homeland Security, is ex- 6 empt from the restriction under subsection (a) if the oper- 7 ation or procurement is necessary for the sole purpose of 8 marine or atmospheric science or management. 9 (f) WAIVER.—The head of an executive agency may 10 waive the prohibition under subsection (a) on a case-by- 11 case basis— 12 (1) with the approval of the Secretary of Home- 13 land Security or the Secretary of Defense; and 14 (2) upon notification to Congress. 15 SEC. 4. PROHIBITION ON OPERATION OF COVERED UN- 16 MANNED AIRCRAFT SYSTEMS FROM COV- 17 ERED FOREIGN ENTITIES. 18 (a) PROHIBITION.— 19 (1) IN GENERAL.—Beginning on the date that 20 is 2 years after the date of the enactment of this 21 Act, no Federal department or agency may operate 22 a covered unmanned aircraft system manufactured 23 or assembled by a covered foreign entity. 24 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 73 RS (2) APPLICABILITY TO CONTRACTED SERV- 1 ICES.—The prohibition under paragraph (1) applies 2 to any covered unmanned aircraft systems that are 3 being used by any executive agency through the 4 method of contracting for the services of covered un- 5 manned aircraft systems. 6 (b) EXEMPTION.—The Secretary of Homeland Secu- 7 rity, the Secretary of Defense, and the Attorney General 8 are exempt from the restriction under subsection (a) if the 9 operation or procurement— 10 (1) is for the sole purposes of research, evalua- 11 tion, training, testing, or analysis for— 12 (A) electronic warfare; 13 (B) information warfare operations; 14 (C) development of UAS or counter-UAS 15 technology; 16 (D) counterterrorism or counterintelligence 17 activities; or 18 (E) Federal criminal or national security 19 investigations, including forensic examinations; 20 and 21 (2) is required in the national interest of the 22 United States. 23 (c) FEDERAL AVIATION ADMINISTRATION CENTER 24 OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS 25 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 73 RS EXEMPTION.—The Secretary of Transportation, in con- 1 sultation with the Secretary of Homeland Security, is ex- 2 empt from the restriction under subsection (a) if the oper- 3 ation or procurement is for the sole purposes of research, 4 evaluation, training, testing, or analysis for the Federal 5 Aviation Administration’s Alliance for System Safety of 6 UAE through Research Excellence (ASSURE) Center of 7 Excellence (COE) for Unmanned Aircraft Systems. 8 (d) NATIONAL TRANSPORTATION SAFETY BOARD 9 EXEMPTION.—The National Transportation Safety Board 10 (NTSB), in consultation with the Secretary of Homeland 11 Security, is exempt from the restriction under subsection 12 (a) if the operation or procurement is necessary for the 13 sole purpose of conducting safety investigations. 14 (e) NATIONAL OCEANIC ATMOSPHERIC ADMINISTRA- 15 TION EXEMPTION.—The Administrator of the National 16 Oceanic Atmospheric Administration (NOAA), in con- 17 sultation with the Secretary of Homeland Security, is ex- 18 empt from the restriction under subsection (a) if the oper- 19 ation or procurement is necessary for the sole purpose of 20 marine or atmospheric science or management. 21 (f) WAIVER.—The head of an executive agency may 22 waive the prohibition under subsection (a) on a case-by- 23 case basis— 24 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 73 RS (1) with the approval of the Secretary of Home- 1 land Security or the Secretary of Defense; and 2 (2) upon notification to Congress. 3 (g) REGULATIONS AND GUIDANCE.—Not later than 4 180 days after the date of the enactment of this Act, the 5 Secretary of Homeland Security shall prescribe regula- 6 tions or guidance to implement this section. 7 SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 8 PURCHASES AND OPERATION OF COVERED 9 UNMANNED AIRCRAFT SYSTEMS FROM COV- 10 ERED FOREIGN ENTITIES. 11 (a) IN GENERAL.—Beginning on the date that is 2 12 years after the date of the enactment of this Act, except 13 as provided in subsection (b), no Federal funds awarded 14 through a contract, grant, or cooperative agreement, or 15 otherwise made available may be used— 16 (1) to purchase a covered unmanned aircraft 17 system, or a system to counter unmanned aircraft 18 systems, that is manufactured or assembled by a 19 covered foreign entity; or 20 (2) in connection with the operation of such a 21 drone or unmanned aircraft system. 22 (b) EXEMPTION.—A Federal department or agency 23 is exempt from the restriction under subsection (a) if— 24 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 73 RS (1) the contract, grant, or cooperative agree- 1 ment was awarded prior to the date of the enact- 2 ment of this Act; or 3 (2) the operation or procurement is for the sole 4 purposes of research, evaluation, training, testing, or 5 analysis, as determined by the Secretary of Home- 6 land Security, the Secretary of Defense, or the At- 7 torney General, for— 8 (A) electronic warfare; 9 (B) information warfare operations; 10 (C) development of UAS or counter-UAS 11 technology; 12 (D) counterterrorism or counterintelligence 13 activities; or 14 (E) Federal criminal or national security 15 investigations, including forensic examinations; 16 or 17 (F) the safe integration of UAS in the na- 18 tional airspace (as determined in consultation 19 with the Secretary of Transportation); and 20 (3) is required in the national interest of the 21 United States. 22 (c) WAIVER.—The head of an executive agency may 23 waive the prohibition under subsection (a) on a case-by- 24 case basis— 25 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 73 RS (1) with the approval of the Secretary of Home- 1 land Security or the Secretary of Defense; and 2 (2) upon notification to Congress. 3 (d) REGULATIONS.—Not later than 180 days after 4 the date of the enactment of this Act, the Federal Acquisi- 5 tion Regulatory Council shall prescribe regulations or 6 guidance, as necessary, to implement the requirements of 7 this section pertaining to Federal contracts. 8 SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 9 PURCHASE CARDS TO PURCHASE COVERED 10 UNMANNED AIRCRAFT SYSTEMS FROM COV- 11 ERED FOREIGN ENTITIES. 12 Effective immediately, Government-issued Purchase 13 Cards may not be used to procure any covered unmanned 14 aircraft system from a covered foreign entity. 15 SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV- 16 ERED UNMANNED AIRCRAFT SYSTEMS FROM 17 COVERED FOREIGN ENTITIES. 18 (a) IN GENERAL.—Effective immediately, all execu- 19 tive agencies must account for existing inventories of cov- 20 ered unmanned aircraft systems manufactured or assem- 21 bled by a covered foreign entity in their personal property 22 accounting systems, regardless of the original procurement 23 cost, or the purpose of procurement due to the special 24 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 73 RS monitoring and accounting measures necessary to track 1 the items’ capabilities. 2 (b) CLASSIFIED TRACKING.—Due to the sensitive na- 3 ture of missions and operations conducted by the United 4 States Government, inventory data related to covered un- 5 manned aircraft systems manufactured or assembled by 6 a covered foreign entity may be tracked at a classified 7 level. 8 (c) EXCEPTIONS.—The Department of Defense and 9 Department of Homeland Security may exclude from the 10 full inventory process, covered unmanned aircraft systems 11 that are deemed expendable due to mission risk such as 12 recovery issues or that are one-time-use covered unmanned 13 aircraft due to requirements and low cost. 14 SEC. 8. COMPTROLLER GENERAL REPORT. 15 Not later than 275 days after the date of the enact- 16 ment of this Act, the Comptroller General of the United 17 States shall submit to Congress a report on the amount 18 of commercial off-the-shelf drones and covered unmanned 19 aircraft systems procured by Federal departments and 20 agencies from covered foreign entities. 21 SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 22 OF UNMANNED AIRCRAFT SYSTEMS. 23 (a) IN GENERAL.—Not later than 180 days after the 24 date of the enactment of this Act, the Director of the Of- 25 VerDate Sep 11 2014 05:48 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S73.RS S73 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 73 RS fice of Management and Budget, in coordination with the 1 Department of Homeland Security, Department of Trans- 2 portation, the Department of Justice, and other Depart- 3 ments as determined by the Director of the Office of Man- 4 agement and Budget, and in consultation with the Na- 5 tional Institute of Standards and Technology, shall estab- 6 lish a government-wide policy for the procurement of 7 UAS— 8 (1) for non-Department of Defense and non-in- 9 telligence community operations; and 10 (2) through grants and cooperative agreements 11 entered into with non-Federal entities. 12 (b) INFORMATION SECURITY.—The policy de [Text truncated for display. 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