I 118THCONGRESS 1 STSESSION H. R. 6143 To provide for drone security. IN THE HOUSE OF REPRESENTATIVES NOVEMBER1, 2023 Mr. G ALLAGHER(for himself, Mr. COURTNEY, Mr. KRISHNAMOORTHI, and Mr. W ITTMAN) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Com- mittee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned 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 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) C OVERED FOREIGN ENTITY .—The term 8 ‘‘covered foreign entity’’ means an entity included on 9 a list developed and maintained by the Federal Ac-10 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 6143 IH quisition Security Council and published in the Sys-1 tem for Award Management (SAM). This list will in-2 clude entities in the following categories: 3 (A) An entity included on the Consolidated 4 Screening List. 5 (B) Any entity the Secretary of Homeland 6 Security, in coordination with the Secretary of 7 State, the Attorney General, Director of Na-8 tional Intelligence, and the Secretary of De-9 fense, determines poses a national security risk. 10 (C) Any entity domiciled in the People’s 11 Republic of China or subject to influence or 12 owned or controlled by the Government of the 13 People’s Republic of China or the Communist 14 Party of the People’s Republic of China, as de-15 termined by the Secretary of Homeland Secu-16 rity, in coordination with the Secretary of 17 State. 18 (D) Any subsidiary or affiliate of an entity 19 described in subparagraphs (A) through (D). 20 (2) C OVERED UNMANNED AIRCRAFT SYSTEM .— 21 The term ‘‘covered unmanned aircraft system’’ has 22 the meaning given the term ‘‘unmanned aircraft sys-23 tem’’ in section 44801 of title 49, United States 24 Code. 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 6143 IH (3) INTELLIGENCE; INTELLIGENCE COMMU -1 NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 2 community’’ have the meanings given those terms in 3 section 3 of the National Security Act of 1947 (50 4 U.S.C. 3003). 5 SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-6 MANNED AIRCRAFT SYSTEMS FROM COV-7 ERED FOREIGN ENTITIES. 8 (a) I NGENERAL.—Except as provided under sub-9 sections (b) through (f), the head of an executive agency 10 may not procure any covered unmanned aircraft system 11 that is manufactured or assembled by a covered foreign 12 entity, which includes associated elements related to the 13 collection and transmission of sensitive information (con-14 sisting of communication links and the components that 15 control the unmanned aircraft) that enable the operator 16 to operate the aircraft in the National Airspace System. 17 The Federal Acquisition Security Council, in coordination 18 with the Secretary of Transportation, shall develop and 19 update a list of associated elements. 20 (b) E XEMPTION.—The Secretary of Homeland Secu-21 rity, the Secretary of State, the Secretary of Defense, and 22 the Attorney General are exempt from the restriction 23 under subsection (a) if the procurement is required in the 24 national interest of the United States and— 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 6143 IH (1) is for the sole purposes of research, evalua-1 tion, training, testing, or analysis for electronic war-2 fare, information warfare operations, cybersecurity, 3 or development of unmanned aircraft system or 4 counter-unmanned aircraft system technology; 5 (2) is for the sole purposes of conducting 6 counterterrorism or counterintelligence activities, 7 protective missions, or Federal criminal or national 8 security investigations, including forensic examina-9 tions, or for electronic warfare, information warfare 10 operations, cybersecurity, or development of an un-11 manned aircraft system or counter-unmanned air-12 craft system technology; or 13 (3) is an unmanned aircraft system that, as 14 procured or as modified after procurement but be-15 fore operational use, can no longer transfer to, or 16 download data from, a covered foreign entity and 17 otherwise poses no national security cybersecurity 18 risks as determined by the exempting official. 19 (c) D EPARTMENT OF TRANSPORTATION AND FED-20 ERALAVIATIONADMINISTRATION EXEMPTION.—The 21 Secretary of Transportation is exempt from the restriction 22 under subsection (a) if the operation or procurement is 23 deemed to support the safe, secure, or efficient operation 24 of the National Airspace System or maintenance of public 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 6143 IH safety, including activities carried out under the Federal 1 Aviation Administration’s Alliance for System Safety of 2 UAS through Research Excellence (ASSURE) Center of 3 Excellence (COE) and any other activity deemed to sup-4 port the safe, secure, or efficient operation of the National 5 Airspace System or maintenance of public safety, as deter-6 mined by the Secretary or the Secretary’s designee. 7 (d) N ATIONALTRANSPORTATION SAFETYBOARD 8 E XEMPTION.—The National Transportation Safety 9 Board, in consultation with the Secretary of Homeland Se-10 curity, is exempt from the restriction under subsection (a) 11 if the operation or procurement is necessary for the sole 12 purpose of conducting safety investigations. 13 (e) N ATIONALOCEANIC ANDATMOSPHERICADMIN-14 ISTRATIONEXEMPTION.—The Administrator of the Na-15 tional Oceanic and Atmospheric Administration (NOAA), 16 in consultation with the Secretary of Homeland Security, 17 is exempt from the restriction under subsection (a) if the 18 procurement is necessary for the purpose of meeting 19 NOAA’s science or management objectives or operational 20 mission. 21 (f) W AIVER.—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 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 6143 IH (1) with the approval of the Director of the Of-1 fice of Management and Budget, after consultation 2 with the Federal Acquisition Security Council; and 3 (2) upon notification to— 4 (A) the Committee on Homeland Security 5 and Governmental Affairs of the Senate; 6 (B) the Committee on Oversight and Ac-7 countability in the House of Representatives; 8 and 9 (C) other appropriate congressional com-10 mittees of jurisdiction. 11 SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-12 MANNED AIRCRAFT SYSTEMS FROM COV-13 ERED FOREIGN ENTITIES. 14 (a) P ROHIBITION.— 15 (1) I N GENERAL.—Beginning on the date that 16 is two years after the date of the enactment of this 17 Act, no Federal department or agency may operate 18 a covered unmanned aircraft system manufactured 19 or assembled by a covered foreign entity. 20 (2) A PPLICABILITY TO CONTRACTED SERV -21 ICES.—The prohibition under paragraph (1) applies 22 to any covered unmanned aircraft systems that are 23 being used by any executive agency through the 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 6143 IH method of contracting for the services of covered un-1 manned aircraft systems. 2 (b) E XEMPTION.—The Secretary of Homeland Secu-3 rity, the Secretary of State, the Secretary of Defense, and 4 the Attorney General are exempt from the restriction 5 under subsection (a) if the operation is required in the 6 national interest of the United States and— 7 (1) is for the sole purposes of research, evalua-8 tion, training, testing, or analysis for electronic war-9 fare, information warfare operations, cybersecurity, 10 or development of unmanned aircraft system or 11 counter-unmanned aircraft system technology; 12 (2) is for the sole purposes of conducting 13 counterterrorism or counterintelligence activities, 14 protective missions, or Federal criminal or national 15 security investigations, including forensic examina-16 tions, or for electronic warfare, information warfare 17 operations, cybersecurity, or development of an un-18 manned aircraft system or counter-unmanned air-19 craft system technology; or 20 (3) is an unmanned aircraft system that, as 21 procured or as modified after procurement but be-22 fore operational use, can no longer transfer to, or 23 download data from, a covered foreign entity and 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 6143 IH otherwise poses no national security cybersecurity 1 risks as determined by the exempting official. 2 (c) D EPARTMENT OF TRANSPORTATION AND FED-3 ERALAVIATIONADMINISTRATION EXEMPTION.—The 4 Secretary of Transportation is exempt from the restriction 5 under subsection (a) if the operation is deemed to support 6 the safe, secure, or efficient operation of the National Air-7 space System or maintenance of public safety, including 8 activities carried out under the Federal Aviation Adminis-9 tration’s Alliance for System Safety of UAS through Re-10 search Excellence (ASSURE) Center of Excellence (COE) 11 and any other activity deemed to support the safe, secure, 12 or efficient operation of the National Airspace System or 13 maintenance of public safety, as determined by the Sec-14 retary or the Secretary’s designee. 15 (d) N ATIONALTRANSPORTATION SAFETYBOARD 16 E XEMPTION.—The National Transportation Safety 17 Board, in consultation with the Secretary of Homeland Se-18 curity, is exempt from the restriction under subsection (a) 19 if the operation is necessary for the sole purpose of con-20 ducting safety investigations. 21 (e) N ATIONALOCEANIC ANDATMOSPHERICADMIN-22 ISTRATIONEXEMPTION.—The Administrator of the Na-23 tional Oceanic and Atmospheric Administration (NOAA), 24 in consultation with the Secretary of Homeland Security, 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 6143 IH 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) W AIVER.—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 Ac-14 countability in the House of Representatives; 15 and 16 (C) other appropriate congressional com-17 mittees of jurisdiction. 18 (g) R EGULATIONS AND GUIDANCE.—Not later than 19 180 days after the date of the enactment of this Act, the 20 Secretary of Homeland Security, in consultation with the 21 Attorney General, the Secretary of State, and the Sec-22 retary of Transportation, shall prescribe regulations or 23 guidance to implement this section. 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 6143 IH SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 1 PROCUREMENT AND OPERATION OF COV-2 ERED UNMANNED AIRCRAFT SYSTEMS FROM 3 COVERED FOREIGN ENTITIES. 4 (a) I NGENERAL.—Beginning on the date that is two 5 years after the date of the enactment of this Act, except 6 as provided in subsection (b), no Federal funds awarded 7 through a contract, grant, or cooperative agreement, or 8 otherwise made available may be used— 9 (1) to procure a covered unmanned aircraft sys-10 tem that is manufactured or assembled by a covered 11 foreign entity; or 12 (2) in connection with the operation of such a 13 drone or unmanned aircraft system. 14 (b) E XEMPTION.—The Secretary of Homeland Secu-15 rity, the Secretary of State, the Secretary of Defense, and 16 the Attorney General are exempt from the restriction 17 under subsection (a) if the procurement or operation is 18 required in the national interest of the United States 19 and— 20 (1) is for the sole purposes of research, evalua-21 tion, training, testing, or analysis for electronic war-22 fare, information warfare operations, cybersecurity, 23 or development of unmanned aircraft system or 24 counter-unmanned aircraft system technology; 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 6143 IH (2) is for the sole purposes of conducting 1 counterterrorism or counterintelligence activities, 2 protective missions, or Federal criminal or national 3 security investigations, including forensic examina-4 tions, or for electronic warfare, information warfare 5 operations, cybersecurity, or development of an un-6 manned aircraft system or counter-unmanned air-7 craft system technology; or 8 (3) is an unmanned aircraft system that, as 9 procured or as modified after procurement but be-10 fore operational use, can no longer transfer to, or 11 download data from, a covered foreign entity and 12 otherwise poses no national security cybersecurity 13 risks as determined by the exempting official. 14 (c) D EPARTMENT OF TRANSPORTATION AND FED-15 ERALAVIATIONADMINISTRATION EXEMPTION.—The 16 Secretary of Transportation is exempt from the restriction 17 under subsection (a) if the operation or procurement is 18 deemed to support the safe, secure, or efficient operation 19 of the National Airspace System or maintenance of public 20 safety, including activities carried out under the Federal 21 Aviation Administration’s Alliance for System Safety of 22 UAS through Research Excellence (ASSURE) Center of 23 Excellence (COE) and any other activity deemed to sup-24 port the safe, secure, or efficient operation of the National 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 6143 IH Airspace System or maintenance of public safety, as deter-1 mined by the Secretary or the Secretary’s designee. 2 (d) N ATIONALOCEANIC ANDATMOSPHERICADMIN-3 ISTRATIONEXEMPTION.—The Administrator of the Na-4 tional Oceanic and Atmospheric Administration (NOAA), 5 in consultation with the Secretary of Homeland Security, 6 is exempt from the restriction under subsection (a) if the 7 operation or procurement is necessary for the purpose of 8 meeting NOAA’s science or management objectives or 9 operational mission. 10 (e) W AIVER.—The head of an executive agency may 11 waive the prohibition under subsection (a) on a case-by- 12 case basis— 13 (1) with the approval of the Director of the Of-14 fice of Management and Budget, after consultation 15 with the Federal Acquisition Security Council; and 16 (2) upon notification to— 17 (A) the Committee on Homeland Security 18 and Governmental Affairs of the Senate; 19 (B) the Committee on Oversight and Ac-20 countability in the House of Representatives; 21 and 22 (C) other appropriate congressional com-23 mittees of jurisdiction. 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 6143 IH (f) REGULATIONS.—Not later than 180 days after 1 the date of the enactment of this Act, the Federal Acquisi-2 tion Regulatory Council shall prescribe regulations or 3 guidance, as necessary, to implement the requirements of 4 this section pertaining to Federal contracts. 5 SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 6 PURCHASE CARDS TO PURCHASE COVERED 7 UNMANNED AIRCRAFT SYSTEMS FROM COV-8 ERED FOREIGN ENTITIES. 9 Effective immediately, Government-issued Purchase 10 Cards may not be used to procure any covered unmanned 11 aircraft system from a covered foreign entity. 12 SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV-13 ERED UNMANNED AIRCRAFT SYSTEMS FROM 14 COVERED FOREIGN ENTITIES. 15 (a) I NGENERAL.—All executive agencies must ac-16 count for existing inventories of covered unmanned air-17 craft systems manufactured or assembled by a covered for-18 eign entity in their personal property accounting systems, 19 within one year of the date of enactment of this Act, re-20 gardless of the original procurement cost, or the purpose 21 of procurement due to the special monitoring and account-22 ing measures necessary to track the items’ capabilities. 23 (b) C LASSIFIEDTRACKING.—Due to the sensitive na-24 ture of missions and operations conducted by the United 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 14 •HR 6143 IH States Government, inventory data related to covered un-1 manned aircraft systems manufactured or assembled by 2 a covered foreign entity may be tracked at a classified 3 level, as determined by the Secretary of Homeland Secu-4 rity or the Secretary’s designee. 5 (c) E XCEPTIONS.—The Department of Defense, the 6 Department of Homeland Security, the Department of 7 State, the Department of Justice, the Department of 8 Transportation, and the National Oceanic and Atmos-9 pheric Administration may exclude from the full inventory 10 process, covered unmanned aircraft systems that are 11 deemed expendable due to mission risk such as recovery 12 issues, or that are one-time-use covered unmanned aircraft 13 due to requirements and low cost. 14 (d) I NTELLIGENCECOMMUNITYEXCEPTION.—Noth-15 ing in this section shall apply to any element of the intel-16 ligence community. 17 SEC. 8. COMPTROLLER GENERAL REPORT. 18 Not later than 275 days after the date of the enact-19 ment of this Act, the Comptroller General of the United 20 States shall submit to Congress a report on the amount 21 of commercial off-the-shelf drones and covered unmanned 22 aircraft systems procured by Federal departments and 23 agencies from covered foreign entities, except that nothing 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 15 •HR 6143 IH in this section shall apply to any element of the intel-1 ligence community. 2 SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 3 OF UNMANNED AIRCRAFT SYSTEMS. 4 (a) I NGENERAL.—Not later than 180 days after the 5 date of the enactment of this Act, the Director of the Of-6 fice of Management and Budget, in coordination with the 7 Department of Homeland Security, Department of Trans-8 portation, the Department of Justice, the Department of 9 State, and other Departments as determined by the Direc-10 tor of the Office of Management and Budget, and in con-11 sultation with the National Institute of Standards and 12 Technology, shall establish a government-wide policy for 13 the procurement of an unmanned aircraft system— 14 (1) for non-Department of Defense and non-in-15 telligence community operations; and 16 (2) through grants and cooperative agreements 17 entered into with non-Federal entities. 18 (b) I NFORMATIONSECURITY.—The policy developed 19 under subsection (a) shall include the following specifica-20 tions, which to the extent practicable, shall be based on 21 industry standards and technical guidance from the Na-22 tional Institute of Standards and Technology, to address 23 the risks associated with processing, storing, and trans-24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 16 •HR 6143 IH mitting Federal information in an unmanned aircraft sys-1 tem: 2 (1) Protections to ensure controlled access to 3 an unmanned aircraft system. 4 (2) Protecting software, firmware, and hard-5 ware by ensuring changes to an unmanned aircraft 6 system are properly managed, including by ensuring 7 an unmanned aircraft system can be updated using 8 a secure, controlled, and configurable mechanism. 9 (3) Cryptographically securing sensitive col-10 lected, stored, and transmitted data, including prop-11 er handling of privacy data and other controlled un-12 classified information. 13 (4) Appropriate safeguards necessary to protect 14 sensitive information, including during and after use 15 of an unmanned aircraft system. 16 (5) Appropriate data security to ensure that 17 data is not transmitted to or stored in non-approved 18 locations. 19 (6) The ability to opt out of the uploading, 20 downloading, or transmitting of data that is not re-21 quired by law or regulation and an ability to choose 22 with whom and where information is shared when it 23 is required. 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 17 •HR 6143 IH (c) REQUIREMENT.—The policy developed under sub-1 section (a) shall reflect an appropriate risk-based ap-2 proach to information security related to use of an un-3 manned aircraft system. 4 (d) R EVISION OFACQUISITIONREGULATIONS.—Not 5 later than 180 days after the date on which the policy 6 required under subsection (a) is issued— 7 (1) the Federal Acquisition Regulatory Council 8 shall revise the Federal Acquisition Regulation, as 9 necessary, to implement the policy; and 10 (2) any Federal department or agency or other 11 Federal entity not subject to, or not subject solely 12 to, the Federal Acquisition Regulation shall revise 13 applicable policy, guidance, or regulations, as nec-14 essary, to implement the policy. 15 (e) E XEMPTION.—In developing the policy required 16 under subsection (a), the Director of the Office of Man-17 agement and Budget shall— 18 (1) incorporate policies to implement the ex-19 emptions contained in this Act; and 20 (2) incorporate an exemption to the policy in 21 the case of a head of the procuring department or 22 agency determining, in writing, that no product that 23 complies with the information security requirements 24 described in subsection (b) is capable of fulfilling 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 18 •HR 6143 IH mission critical performance requirements, and such 1 determination— 2 (A) may not be delegated below the level of 3 the Deputy Secretary, or Administrator, of the 4 procuring department or agency; 5 (B) shall specify— 6 (i) the quantity of end items to which 7 the waiver applies and the procurement 8 value of those items; and 9 (ii) the time period over which the 10 waiver applies, which shall not exceed three 11 years; 12 (C) shall be reported to the Office of Man-13 agement and Budget following issuance of such 14 a determination; and 15 (D) not later than 30 days after the date 16 on which the determination is made, shall be 17 provided to the Committee on Homeland Secu-18 rity and Governmental Affairs of the Senate 19 and the Committee on Oversight and Account-20 ability of the House of Representatives. 21 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 19 •HR 6143 IH SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCE-1 MENT AND EMERGENCY SERVICE EXEMP-2 TION. 3 (a) R ULE OFCONSTRUCTION.—Nothing in this Act 4 shall prevent a State, local, or territorial law enforcement 5 or emergency service agency from procuring or operating 6 a covered unmanned aircraft system purchased with non- 7 Federal dollars. 8 (b) C ONTINUITY OFARRANGEMENTS.—The Federal 9 Government may continue entering into contracts, grants, 10 and cooperative agreements or other Federal funding in-11 struments with State, local, or territorial law enforcement 12 or emergency service agencies under which a covered un-13 manned aircraft system will be purchased or operated if 14 the agency has received approval or waiver to purchase 15 or operate a covered unmanned aircraft system pursuant 16 to section 1095. 17 SEC. 11. STUDY. 18 (a) S TUDY ON THESUPPLYCHAIN FORUNMANNED 19 A IRCRAFTSYSTEMS ANDCOMPONENTS.— 20 (1) R EPORT REQUIRED .—Not later than one 21 year after the date of the enactment of this Act, the 22 Under Secretary of Defense for Acquisition and 23 Sustainment shall provide to the appropriate con-24 gressional committees a report on the supply chain 25 for covered unmanned aircraft systems, including a 26 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 20 •HR 6143 IH discussion of current and projected future demand 1 for covered unmanned aircraft systems. 2 (2) E LEMENTS.—The report under paragraph 3 (1) shall include the following: 4 (A) A description of the current and future 5 global and domestic market for covered un-6 manned aircraft systems that are not widely 7 commercially available except from a covered 8 foreign entity. 9 (B) A description of the sustainability, 10 availability, cost, and quality of secure sources 11 of covered unmanned aircraft systems domesti-12 cally and from sources in allied and partner 13 countries. 14 (C) The plan of the Secretary of Defense 15 to address any gaps or deficiencies identified in 16 subparagraph (B), including through the use of 17 funds available under the Defense Production 18 Act of 1950 (50 U.S.C. 4501 et seq.) and part-19 nerships with the National Aeronautics and 20 Space Administration and other interested per-21 sons. 22 (D) Such other information as the Under 23 Secretary of Defense for Acquisition and 24 Sustainment determines to be appropriate. 25 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 21 •HR 6143 IH (3) APPROPRIATE CONGRESSIONAL COMMIT -1 TEES DEFINED.—In this section the term ‘‘appro-2 priate congressional committees’’ means: 3 (A) The Committees on Armed Services of 4 the Senate and the House of Representatives. 5 (B) The Committee on Homeland Security 6 and Governmental Affairs of the Senate and the 7 Committee on Oversight and Accountability of 8 the House of Representatives. 9 (C) The Committee on Commerce, Science, 10 and Transportation of the Senate and the Com-11 mittee on Science, Space, and Technology of 12 the House of Representatives. 13 (D) The Select Committee on Intelligence 14 of the Senate and the Permanent Select Com-15 mittee on Intelligence of the House of Rep-16 resentatives. 17 (E) The Committee on Transportation and 18 Infrastructure of the House of Representatives. 19 (F) The Committee on Homeland Security 20 of the House of Representatives. 21 (G) The Committee on Foreign Relations 22 of the Senate and the Committee on Foreign 23 Affairs of the House of Representatives. 24 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 22 •HR 6143 IH SEC. 12. EXCEPTIONS. 1 (a) E XCEPTION FORWILDFIREMANAGEMENTOPER-2 ATIONS ANDSEARCH ANDRESCUEOPERATIONS.—The 3 appropriate Federal agencies, in consultation with the Sec-4 retary of Homeland Security, are exempt from the pro-5 curement and operation restrictions under sections 3, 4, 6 and 5 to the extent the procurement or operation is nec-7 essary for the purpose of supporting the full range of wild-8 fire management operations or search and rescue oper-9 ations. 10 (b) E XCEPTION FOR INTELLIGENCEACTIVITIES.— 11 Sections 3, 4, and 5 shall not apply to any activity subject 12 to the reporting requirements under title V of the National 13 Security Act of 1947 (50 U.S.C. 3091 et seq.), any au-14 thorized intelligence activities of the United States, or any 15 activity or procurement that supports an authorized intel-16 ligence activity. 17 (c) E XCEPTION FORTRIBALLAWENFORCEMENT OR 18 E MERGENCYSERVICEAGENCY.—Tribal law enforcement 19 or Tribal emergency service agencies, in consultation with 20 the Secretary of Homeland Security, are exempt from the 21 procurement, operation, and purchase restrictions under 22 sections 3, 4, and 5 to the extent the procurement or oper-23 ation is necessary for the purpose of supporting the full 24 range of law enforcement operations or search and rescue 25 operations on Indian lands. 26 VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB 23 •HR 6143 IH SEC. 13. SUNSET. 1 Sections 3, 4, and 5 shall cease to have effect on the 2 date that is five years after the date of the enactment of 3 this Act. 4 Æ VerDate Sep 11 2014 00:48 Dec 01, 2023 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6301 E:\BILLS\H6143.IH H6143 pbinns on DSKJLVW7X2PROD with $$_JOB