American Security Drone Act of 2020

II Calendar No. 547 116TH CONGRESS 2D SESSION S. 2502 [Report No. 116–268] To ban the Federal procurement of certain drones and other unmanned aircraft systems, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 18, 2019 Mr. SCOTT of Florida (for himself, Mr. COTTON, Mr. HAWLEY, Mr. RUBIO, Mr. MURPHY, Mr. BLUMENTHAL, and Mrs. BLACKBURN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs SEPTEMBER 15, 2020 Reported by Mr. JOHNSON, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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 2019’’. 5 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2502 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) COVERED FOREIGN ENTITY.—the term 3 ‘‘covered foreign entity’’ means— 4 (A) a covered entity (as determined by the 5 Secretary of Commerce); 6 (B) any entity that is subject to 7 extrajudicial direction from a foreign govern- 8 ment, as determined by the Director of Na- 9 tional Intelligence; 10 (C) any entity the Secretary of Homeland 11 Security, in coordination with the Director of 12 National Intelligence, the Secretary of Defense, 13 and the Secretary of State, determines poses a 14 national security risk; 15 (D) any entity subject to influence or con- 16 trol by the Government of the People Republic 17 of China or the Communist Party of the Peo- 18 ple’s Republic of China, as determined by the 19 Secretary of Homeland Security; and 20 (E) any subsidiary or affiliate of an entity 21 described in subparagraphs (A) through (D). 22 (2) COVERED UNMANNED AIRCRAFT.—The 23 term ‘‘covered unmanned aircraft’’ means an un- 24 manned aircraft system and any related services and 25 equipment. 26 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2502 RS SEC. 3. BAN ON PROCUREMENT OF FOREIGN OFF-THE- 1 SHELF DRONES AND UNMANNED AIRCRAFT 2 SYSTEMS. 3 (a) IN GENERAL.—Except as provided under sub- 4 sections (b) and (c), the head of an executive agency may 5 not procure any commercial off-the-shelf drone or covered 6 unmanned aircraft system manufactured or assembled by 7 a covered foreign entity, including any Original Equip- 8 ment Manufacturer flight controllers, radios, data trans- 9 mission devices, cameras, or gimbals manufactured in a 10 covered foreign country or by an entity domiciled in a cov- 11 ered foreign country. 12 (b) EXEMPTION.—The Secretary of Homeland Secu- 13 rity and the Secretary of Defense are exempt from the 14 restriction under subsection (a) if the operation or pro- 15 curement— 16 (1) is for the purposes of training, testing, or 17 analysis for— 18 (A) Counter-UAS surrogate intelligence; 19 (B) electronic warfare; or 20 (C) information warfare operations; and 21 (2) is required in the national interest of the 22 United States. 23 (c) WAIVER.—The head of an executive agency may 24 waive the prohibition under subsection (a) on a case-by- 25 case basis with the approval of the Secretary of Homeland 26 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2502 RS Security or the Secretary of Defense and notification to 1 Congress. 2 SEC. 4. PROHIBITION ON OPERATION OF FOREIGN COM- 3 MERCIAL OFF-THE-SHELF DRONES AND 4 SMALL UNMANNED AIRCRAFT SYSTEMS. 5 (a) PROHIBITION.— 6 (1) IN GENERAL.—Beginning not later than 7 180 days after the date of the enactment of this Act, 8 no Federal department or agency may operate a 9 commercial off-the-shelf drone or covered unmanned 10 aircraft system manufactured or assembled by a cov- 11 ered foreign entity. 12 (2) PHASE-IN PERIOD FOR EXISTING CON- 13 TRACTS.—The prohibition under paragraph (1) shall 14 not apply, during the 1-year period beginning on the 15 date of the enactment of this Act, to commercial off- 16 the-shelf drones and covered unmanned aircraft sys- 17 tems procured through a contract entered into be- 18 fore the date of the enactment of this Act. 19 (b) EXEMPTION.—The Secretary of Homeland Secu- 20 rity and the Secretary of Defense are exempt from the 21 restriction under subsection (a) if the operation or pro- 22 curement— 23 (1) is for the purposes of training, testing, or 24 analysis for— 25 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 5 •S 2502 RS (A) Counter-UAS surrogate intelligence; 1 (B) electronic warfare; or 2 (C) information warfare operations; and 3 (2) is required in the national interest of the 4 United States. 5 (c) WAIVER.—The head of an executive agency may 6 waive the prohibition under subsection (a) on a case-by- 7 case basis with the approval of the Secretary of Homeland 8 Security or the Secretary of Defense and notification to 9 Congress. 10 (d) REGULATIONS.—Not later than 180 days after 11 the date of the enactment of this Act, the Secretary of 12 Homeland Security shall prescribe regulations to imple- 13 ment this section. 14 SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 15 PURCHASES AND OPERATION OF COMMER- 16 CIAL OFF-THE-SHELF DRONES AND UN- 17 MANNED AIRCRAFT SYSTEMS FROM CHINA. 18 No Federal funds awarded through a contract, grant, 19 or cooperative agreement or otherwise made available may 20 be used to purchase a commercial off-the-shelf drone or 21 covered unmanned aircraft system, or a system to counter 22 unmanned aircraft systems, that is manufactured or as- 23 sembled by a covered foreign entity or in connection with 24 the operation of such a drone or system. 25 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 6 •S 2502 RS SEC. 6. COMPTROLLER GENERAL REPORT. 1 Not later than 90 days after the date of the enact- 2 ment of this Act, the Comptroller General of the United 3 States shall submit to Congress a report on the amount 4 of commercial off-the-shelf drones and covered unmanned 5 aircraft systems procured by Federal departments and 6 agencies from covered foreign entities. 7 SECTION 1. SHORT TITLE. 8 This Act may be cited as the ‘‘American Security 9 Drone Act of 2020’’. 10 SEC. 2. DEFINITIONS. 11 In this Act: 12 (1) COVERED FOREIGN ENTITY.—The term ‘‘cov- 13 ered foreign entity’’ means— 14 (A) a covered entity designated by the Sec- 15 retary of Commerce; 16 (B) an entity included on the Consolidated 17 Screening List; 18 (C) any entity that is subject to 19 extrajudicial direction from a foreign govern- 20 ment, as determined by the Secretary of Home- 21 land Security; 22 (D) any entity the Secretary of Homeland 23 Security, in coordination with the Director of 24 National Intelligence and the Secretary of De- 25 fense, determines poses a national security risk; 26 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 7 •S 2502 RS (E) any entity domiciled in the People’s Re- 1 public of China or subject to influence or control 2 by the Government of the People Republic of 3 China or the Communist Party of the People’s 4 Republic of China, as determined by the Sec- 5 retary of Homeland Security; or 6 (F) any subsidiary or affiliate of an entity 7 described in subparagraphs (A) through (D). 8 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 9 The term ‘‘covered unmanned aircraft system’’ has the 10 meaning given the term ‘‘unmanned aircraft system’’ 11 in section 44801 of title 49, United States Code. 12 SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN- 13 MANNED AIRCRAFT SYSTEMS FROM COVERED 14 FOREIGN ENTITIES. 15 (a) IN GENERAL.—Except as provided under sub- 16 sections (b) and (c), the head of an executive agency may 17 not procure any covered unmanned aircraft system that are 18 manufactured or assembled by a covered foreign entity, 19 which includes associated elements (consisting of commu- 20 nication links and the components that control the un- 21 manned aircraft) that are required for the operator to oper- 22 ate safely and efficiently in the national airspace system. 23 (b) EXEMPTION.—The Secretary of Homeland Secu- 24 rity, the Secretary of Defense, and the Attorney General are 25 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 8 •S 2502 RS exempt from the restriction under subsection (a) if the oper- 1 ation or procurement— 2 (1) is for the sole purposes of research, evalua- 3 tion, training, testing, or analysis for— 4 (A) electronic warfare; 5 (B) information warfare operations; 6 (C) development of UAS or counter-UAS 7 technology; 8 (D) counterterrorism or counterintelligence 9 activities; or 10 (E) Federal criminal investigations, includ- 11 ing forensic examinations; and 12 (2) is required in the national interest of the 13 United States. 14 (c) WAIVER.—The head of an executive agency may 15 waive the prohibition under subsection (a) on a case-by- 16 case basis with the approval of the Secretary of Homeland 17 Security or the Secretary of Defense and notification to 18 Congress. 19 SEC. 4. PROHIBITION ON OPERATION OF COVERED UN- 20 MANNED AIRCRAFT SYSTEMS FROM COVERED 21 FOREIGN ENTITIES. 22 (a) PROHIBITION.— 23 (1) IN GENERAL.—Beginning on the date that is 24 2 years after the date of the enactment of this Act, no 25 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 9 •S 2502 RS Federal department or agency may operate a covered 1 unmanned aircraft system manufactured or assembled 2 by a covered foreign entity. 3 (2) APPLICABILITY TO CONTRACTED SERVICES.— 4 The prohibition under paragraph (1) applies to any 5 covered unmanned aircraft systems that are being 6 used by any executive agency through the method of 7 contracting for the services of covered unmanned air- 8 craft systems. 9 (b) EXEMPTION.—The Secretary of Homeland Secu- 10 rity, the Secretary of Defense, and the Attorney General are 11 exempt from the restriction under subsection (a) if the oper- 12 ation or procurement— 13 (1) is for the sole purposes of research, evalua- 14 tion, training, testing, or analysis for— 15 (A) electronic warfare; 16 (B) information warfare operations; 17 (C) development of UAS or counter-UAS 18 technology; 19 (D) counterterrorism or counterintelligence 20 activities; or 21 (E) Federal criminal investigations, includ- 22 ing forensic examinations; and 23 (2) is required in the national interest of the 24 United States. 25 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 10 •S 2502 RS (c) WAIVER.—The head of an executive agency may 1 waive the prohibition under subsection (a) on a case-by- 2 case basis with the approval of the Secretary of Homeland 3 Security or the Secretary of Defense and notification to 4 Congress. 5 (d) REGULATIONS AND GUIDANCE.—Not later than 6 180 days after the date of the enactment of this Act, the 7 Secretary of Homeland Security shall prescribe regulations 8 or guidance to implement this section. 9 SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 10 PURCHASES AND OPERATION OF COVERED 11 UNMANNED AIRCRAFT SYSTEMS FROM COV- 12 ERED FOREIGN ENTITIES. 13 (a) IN GENERAL.—Beginning on the date that is 2 14 years after the date of the enactment of this Act, except as 15 provided in subsection (b), no Federal funds awarded 16 through a contract, grant, or cooperative agreement, or oth- 17 erwise made available may be used— 18 (1) to purchase a covered unmanned aircraft sys- 19 tem, or a system to counter unmanned aircraft sys- 20 tems, that is manufactured or assembled by a covered 21 foreign entity; or 22 (2) in connection with the operation of such a 23 drone or unmanned aircraft system. 24 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 11 •S 2502 RS (b) EXEMPTION.—A Federal department or agency is 1 exempt from the restriction under subsection (a) if— 2 (1) the contract, grant or cooperative agreement 3 was awarded prior to the date of the enactment of the 4 bill; or 5 (2) the operation or procurement is for the sole 6 purposes of research, evaluation, training, testing, or 7 analysis, as determined by the Secretary of Homeland 8 Security, the Secretary of Defense, or the Attorney 9 General, for— 10 (A) electronic warfare; 11 (B) information warfare operations; 12 (C) development of UAS or counter-UAS 13 technology; 14 (D) counterterrorism or counterintelligence 15 activities; or 16 (E) Federal criminal investigations, includ- 17 ing forensic examinations; and 18 (3) is required in the national interest of the 19 United States. 20 (c) REGULATIONS.—Not later than 180 days after the 21 date of the enactment of this Act, the Federal Acquisition 22 Regulatory Council shall prescribe regulations or guidance, 23 as necessary, to implement the requirements of this section 24 pertaining to Federal contracts. 25 VerDate Sep 11 2014 00:33 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2502.RS S2502 kjohnson on DSK79L0C42PROD with BILLS 12 •S 2502 RS SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 1 PURCHASE CARDS TO PURCHASE COVERED 2 UNMANNED AIRCRAFT SYSTEMS FROM COV- 3 ERED FOREIGN ENTITIES. 4 Effective immediately, Government-issued Purchase 5 Cards may not be used to procure any covered unmanned 6 aircraft system from a covered foreign entity. 7 SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV- 8 ERED UNMANNED AIRCRAFT SYSTEMS FROM 9 COVERED FOREIGN ENTITIES. 10 (a) IN GENERAL.— Effective immediately, all execu- 11 tive agencies must account for existing inventories of cov- 12 ered unmanned aircraft systems manufactured or assembled 13 by a covered foreign entity in their personal property ac- 14 counting systems, regardless of the original procurement 15 cost, or the purpose of procurement due to the special moni- 16 toring and accounting measures necessary to track th [Text truncated for display. Full text available on Congress.gov.]