What This Bill Does
This bill restricts the federal government from buying, using, or paying for drones (unmanned aircraft systems) made by certain foreign companies. It also prevents the federal government from using drones made by these companies starting two years after the law passes. The bill creates exceptions for national security, research, and specific government agencies.
Who It Affects
Federal agencies and departments that buy or operate drones. Companies that sell drones to the government. State, local, and tribal law enforcement agencies receiving federal funding for drone purchases. Non-federal entities that receive federal grants or cooperative agreements for drone operations.
Key Provisions
• The federal government cannot buy drones manufactured or assembled by "covered foreign entities" starting immediately, with limited exceptions (Sec. 3).
• Federal agencies must stop operating drones made by "covered foreign entities" two years after this law passes (Sec. 4).
• Federal money cannot be used for drones made by "covered foreign entities" two years after this law passes, including through contracts and grants (Sec. 5).
• Government purchase cards cannot be used to buy drones from "covered foreign entities" effective immediately (Sec. 6).
• Federal agencies must track their existing inventory of drones from "covered foreign entities" within one year of the law passing (Sec. 7).
What Changes
Federal agencies will need to replace or stop using certain drones. Agencies must document all drones they currently own from restricted foreign sources. The federal government will be blocked from buying new drones from specific countries and companies. Some agencies can request exceptions through a formal waiver process. State and local law enforcement can still use drones bought with non-federal money.
Important Definitions
"Covered foreign entity" means a company on a federal list that includes companies from the People's Republic of China or under its control, companies on government screening lists, or companies that pose national security risks as determined by the Secretary of Homeland Security.
"Covered unmanned aircraft system" means a drone system as defined in federal transportation law.
Effective Date
Most restrictions begin two years after the law passes. Government purchase card restrictions begin immediately. Inventory tracking must happen within one year. The main drone-buying and operating restrictions end five years after the law passes (Sec. 13).
II
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 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 2023’’.
5
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•S 473 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 and published in the Sys-
6
tem for Award Management (SAM). This list will in-
7
clude entities in the following categories:
8
(A) An entity included on the Consolidated
9
Screening List.
10
(B)
Any
entity
that
is
subject
to
11
extrajudicial direction from a foreign govern-
12
ment, as determined by the Secretary of Home-
13
land Security.
14
(C) Any entity the Secretary of Homeland
15
Security, in coordination with the Attorney
16
General, Director of National Intelligence, and
17
the Secretary of Defense, determines poses a
18
national security risk.
19
(D) Any entity domiciled in the People’s
20
Republic of China or subject to influence or
21
control by the Government of the People’s Re-
22
public of China or the Communist Party of the
23
People’s Republic of China, as determined by
24
the Secretary of Homeland Security.
25
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(E) Any subsidiary or affiliate of an entity
1
described in subparagraphs (A) through (D).
2
(2) COVERED UNMANNED AIRCRAFT SYSTEM.—
3
The term ‘‘covered unmanned aircraft system’’ has
4
the meaning given the term ‘‘unmanned aircraft sys-
5
tem’’ in section 44801 of title 49, United States
6
Code.
7
(3) INTELLIGENCE;
INTELLIGENCE
COMMU-
8
NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence
9
community’’ have the meanings given those terms in
10
section 3 of the National Security Act of 1947 (50
11
U.S.C. 3003).
12
SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-
13
MANNED AIRCRAFT SYSTEMS FROM COV-
14
ERED FOREIGN ENTITIES.
15
(a) IN GENERAL.—Except as provided under sub-
16
sections (b) through (f), the head of an executive agency
17
may not procure any covered unmanned aircraft system
18
that is manufactured or assembled by a covered foreign
19
entity, which includes associated elements related to the
20
collection and transmission of sensitive information (con-
21
sisting of communication links and the components that
22
control the unmanned aircraft) that enable the operator
23
to operate the aircraft in the National Airspace System.
24
The Federal Acquisition Security Council, in coordination
25
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with the Secretary of Transportation, shall develop and
1
update a list of associated elements.
2
(b) EXEMPTION.—The Secretary of Homeland Secu-
3
rity, the Secretary of Defense, the Director of National
4
Intelligence, and the Attorney General are exempt from
5
the restriction under subsection (a) if the procurement is
6
required in the national interest of the United States
7
and—
8
(1) is for the sole purposes of research, evalua-
9
tion, training, testing, or analysis for electronic war-
10
fare, information warfare operations, cybersecurity,
11
or development of unmanned aircraft system or
12
counter-unmanned aircraft system technology;
13
(2) is for the sole purposes of conducting
14
counterterrorism or counterintelligence activities,
15
protective missions, or Federal criminal or national
16
security investigations, including forensic examina-
17
tions, or for electronic warfare, information warfare
18
operations, cybersecurity, or development of an un-
19
manned aircraft system or counter-unmanned air-
20
craft system technology; or
21
(3) is an unmanned aircraft system that, as
22
procured or as modified after procurement but be-
23
fore operational use, can no longer transfer to, or
24
download data from, a covered foreign entity and
25
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otherwise poses no national security cybersecurity
1
risks as determined by the exempting official.
2
(c) DEPARTMENT OF TRANSPORTATION AND FED-
3
ERAL
AVIATION
ADMINISTRATION
EXEMPTION.—The
4
Secretary of Transportation is exempt from the restriction
5
under subsection (a) if the operation or procurement is
6
deemed to support the safe, secure, or efficient operation
7
of the National Airspace System or maintenance of public
8
safety, including activities carried out under the Federal
9
Aviation Administration’s Alliance for System Safety of
10
UAS through Research Excellence (ASSURE) Center of
11
Excellence (COE) and any other activity deemed to sup-
12
port the safe, secure, or efficient operation of the National
13
Airspace System or maintenance of public safety, as deter-
14
mined by the Secretary or the Secretary’s designee.
15
(d) NATIONAL TRANSPORTATION SAFETY BOARD
16
EXEMPTION.—The
National
Transportation
Safety
17
Board, in consultation with the Secretary of Homeland Se-
18
curity, is exempt from the restriction under subsection (a)
19
if the operation or procurement is necessary for the sole
20
purpose of conducting safety investigations.
21
(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
22
ISTRATION EXEMPTION.—The Administrator of the Na-
23
tional Oceanic and Atmospheric Administration (NOAA),
24
in consultation with the Secretary of Homeland Security,
25
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is exempt from the restriction under subsection (a) if the
1
procurement is necessary for the purpose of meeting
2
NOAA’s science or management objectives or operational
3
mission.
4
(f) WAIVER.—The head of an executive agency may
5
waive the prohibition under subsection (a) on a case-by-
6
case basis—
7
(1) with the approval of the Director of the Of-
8
fice of Management and Budget, after consultation
9
with the Federal Acquisition Security Council; and
10
(2) upon notification to—
11
(A) the Committee on Homeland Security
12
and Governmental Affairs of the Senate;
13
(B) the Committee on Oversight and Re-
14
form in the House of Representatives; and
15
(C) other appropriate congressional com-
16
mittees of jurisdiction.
17
SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-
18
MANNED AIRCRAFT SYSTEMS FROM COV-
19
ERED FOREIGN ENTITIES.
20
(a) PROHIBITION.—
21
(1) IN GENERAL.—Beginning on the date that
22
is two years after the date of the enactment of this
23
Act, no Federal department or agency may operate
24
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a covered unmanned aircraft system manufactured
1
or assembled by a covered foreign entity.
2
(2) APPLICABILITY
TO
CONTRACTED
SERV-
3
ICES.—The prohibition under paragraph (1) applies
4
to any covered unmanned aircraft systems that are
5
being used by any executive agency through the
6
method of contracting for the services of covered un-
7
manned aircraft systems.
8
(b) EXEMPTION.—The Secretary of Homeland Secu-
9
rity, the Secretary of Defense, the Director of National
10
Intelligence, and the Attorney General are exempt from
11
the restriction under subsection (a) if the operation is re-
12
quired in the national interest of the United States and—
13
(1) is for the sole purposes of research, evalua-
14
tion, training, testing, or analysis for electronic war-
15
fare, information warfare operations, cybersecurity,
16
or development of unmanned aircraft system or
17
counter-unmanned aircraft system technology;
18
(2) is for the sole purposes of conducting
19
counterterrorism or counterintelligence activities,
20
protective missions, or Federal criminal or national
21
security investigations, including forensic examina-
22
tions, or for electronic warfare, information warfare
23
operations, cybersecurity, or development of an un-
24
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manned aircraft system or counter-unmanned air-
1
craft system technology; or
2
(3) is an unmanned aircraft system that, as
3
procured or as modified after procurement but be-
4
fore operational use, can no longer transfer to, or
5
download data from, a covered foreign entity and
6
otherwise poses no national security cybersecurity
7
risks as determined by the exempting official.
8
(c) DEPARTMENT OF TRANSPORTATION AND FED-
9
ERAL
AVIATION
ADMINISTRATION
EXEMPTION.—The
10
Secretary of Transportation is exempt from the restriction
11
under subsection (a) if the operation is deemed to support
12
the safe, secure, or efficient operation of the National Air-
13
space System or maintenance of public safety, including
14
activities carried out under the Federal Aviation Adminis-
15
tration’s Alliance for System Safety of UAS through Re-
16
search Excellence (ASSURE) Center of Excellence (COE)
17
and any other activity deemed to support the safe, secure,
18
or efficient operation of the National Airspace System or
19
maintenance of public safety, as determined by the Sec-
20
retary or the Secretary’s designee.
21
(d) NATIONAL TRANSPORTATION SAFETY BOARD
22
EXEMPTION.—The
National
Transportation
Safety
23
Board, in consultation with the Secretary of Homeland Se-
24
curity, is exempt from the restriction under subsection (a)
25
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if the operation is necessary for the sole purpose of con-
1
ducting safety investigations.
2
(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
3
ISTRATION EXEMPTION.—The Administrator of the Na-
4
tional Oceanic and Atmospheric Administration (NOAA),
5
in consultation with the Secretary of Homeland Security,
6
is exempt from the restriction under subsection (a) if the
7
procurement is necessary for the purpose of meeting
8
NOAA’s science or management objectives or operational
9
mission.
10
(f) WAIVER.—The head of an executive agency may
11
waive the prohibition under subsection (a) on a case-by-
12
case basis—
13
(1) with the approval of the Director of the Of-
14
fice of Management and Budget, after consultation
15
with the Federal Acquisition Security Council; and
16
(2) upon notification to—
17
(A) the Committee on Homeland Security
18
and Governmental Affairs of the Senate;
19
(B) the Committee on Oversight and Re-
20
form in the House of Representatives; and
21
(C) other appropriate congressional com-
22
mittees of jurisdiction.
23
(g) REGULATIONS AND GUIDANCE.—Not later than
24
180 days after the date of the enactment of this Act, the
25
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•S 473 RS
Secretary of Homeland Security, in consultation with the
1
Attorney General and the Secretary of Transportation,
2
shall prescribe regulations or guidance to implement this
3
section.
4
SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR
5
PROCUREMENT AND OPERATION OF COV-
6
ERED UNMANNED AIRCRAFT SYSTEMS FROM
7
COVERED FOREIGN ENTITIES.
8
(a) IN GENERAL.—Beginning on the date that is two
9
years after the date of the enactment of this Act, except
10
as provided in subsection (b), no Federal funds awarded
11
through a contract, grant, or cooperative agreement, or
12
otherwise made available may be used—
13
(1) to procure a covered unmanned aircraft sys-
14
tem that is manufactured or assembled by a covered
15
foreign entity; or
16
(2) in connection with the operation of such a
17
drone or unmanned aircraft system.
18
(b) EXEMPTION.—The Secretary of Homeland Secu-
19
rity, the Secretary of Defense, the Director of National
20
Intelligence, and the Attorney General are exempt from
21
the restriction under subsection (a) if the procurement or
22
operation is required in the national interest of the United
23
States and—
24
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•S 473 RS
(1) is for the sole purposes of research, evalua-
1
tion, training, testing, or analysis for electronic war-
2
fare, information warfare operations, cybersecurity,
3
or development of unmanned aircraft system or
4
counter-unmanned aircraft system technology;
5
(2) is for the sole purposes of conducting
6
counterterrorism or counterintelligence activities,
7
protective missions, or Federal criminal or national
8
security investigations, including forensic examina-
9
tions, or for electronic warfare, information warfare
10
operations, cybersecurity, or development of an un-
11
manned aircraft system or counter-unmanned air-
12
craft system technology; or
13
(3) is an unmanned aircraft system that, as
14
procured or as modified after procurement but be-
15
fore operational use, can no longer transfer to, or
16
download data from, a covered foreign entity and
17
otherwise poses no national security cybersecurity
18
risks as determined by the exempting official.
19
(c) DEPARTMENT OF TRANSPORTATION AND FED-
20
ERAL
AVIATION
ADMINISTRATION
EXEMPTION.—The
21
Secretary of Transportation is exempt from the restriction
22
under subsection (a) if the operation or procurement is
23
deemed to support the safe, secure, or efficient operation
24
of the National Airspace System or maintenance of public
25
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safety, including activities carried out under the Feder
[Text truncated for display. Full text available on Congress.gov.]