II
118THCONGRESS
1
STSESSION S. 473
To provide for drone security.
IN THE SENATE OF THE UNITED STATES
FEBRUARY16, 2023
Mr. S
COTTof Florida (for himself, Mr. WARNER, Mr. RUBIO, Mr.
B
LUMENTHAL, Mrs. BLACKBURN, and Mr. MURPHY) introduced the fol-
lowing bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
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
quisition Security Council and published in the Sys-11
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tem for Award Management (SAM). This list will in-1
clude entities in the following categories: 2
(A) An entity included on the Consolidated 3
Screening List. 4
(B) Any entity that is subject to 5
extrajudicial direction from a foreign govern-6
ment, as determined by the Secretary of Home-7
land Security. 8
(C) Any entity the Secretary of Homeland 9
Security, in coordination with the Attorney 10
General, Director of National Intelligence, and 11
the Secretary of Defense, determines poses a 12
national security risk. 13
(D) Any entity domiciled in the People’s 14
Republic of China or subject to influence or 15
control by the Government of the People’s Re-16
public of China or the Communist Party of the 17
People’s Republic of China, as determined by 18
the Secretary of Homeland Security. 19
(E) Any subsidiary or affiliate of an entity 20
described in subparagraphs (A) through (D). 21
(2) C
OVERED UNMANNED AIRCRAFT SYSTEM .— 22
The term ‘‘covered unmanned aircraft system’’ has 23
the meaning given the term ‘‘unmanned aircraft sys-24
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tem’’ in section 44801 of title 49, United States 1
Code. 2
(3) I
NTELLIGENCE; INTELLIGENCE COMMU -3
NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 4
community’’ have the meanings given those terms in 5
section 3 of the National Security Act of 1947 (50 6
U.S.C. 3003). 7
SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-8
MANNED AIRCRAFT SYSTEMS FROM COV-9
ERED FOREIGN ENTITIES. 10
(a) I
NGENERAL.—Except as provided under sub-11
sections (b) through (f), the head of an executive agency 12
may not procure any covered unmanned aircraft system 13
that is manufactured or assembled by a covered foreign 14
entity, which includes associated elements related to the 15
collection and transmission of sensitive information (con-16
sisting of communication links and the components that 17
control the unmanned aircraft) that enable the operator 18
to operate the aircraft in the National Airspace System. 19
The Federal Acquisition Security Council, in coordination 20
with the Secretary of Transportation, shall develop and 21
update a list of associated elements. 22
(b) E
XEMPTION.—The Secretary of Homeland Secu-23
rity, the Secretary of Defense, the Director of National 24
Intelligence, and the Attorney General are exempt from 25
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the restriction under subsection (a) if the procurement is 1
required in the national interest of the United States 2
and— 3
(1) is for the sole purposes of research, evalua-4
tion, training, testing, or analysis for electronic war-5
fare, information warfare operations, cybersecurity, 6
or development of unmanned aircraft system or 7
counter-unmanned aircraft system technology; 8
(2) is for the sole purposes of conducting 9
counterterrorism or counterintelligence activities, 10
protective missions, or Federal criminal or national 11
security investigations, including forensic examina-12
tions, or for electronic warfare, information warfare 13
operations, cybersecurity, or development of an un-14
manned aircraft system or counter-unmanned air-15
craft system technology; or 16
(3) is an unmanned aircraft system that, as 17
procured or as modified after procurement but be-18
fore operational use, can no longer transfer to, or 19
download data from, a covered foreign entity and 20
otherwise poses no national security cybersecurity 21
risks as determined by the exempting official. 22
(c) D
EPARTMENT OF TRANSPORTATION AND FED-23
ERALAVIATIONADMINISTRATION EXEMPTION.—The 24
Secretary of Transportation is exempt from the restriction 25
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under subsection (a) if the operation or procurement is 1
deemed to support the safe, secure, or efficient operation 2
of the National Airspace System or maintenance of public 3
safety, including activities carried out under the Federal 4
Aviation Administration’s Alliance for System Safety of 5
UAS through Research Excellence (ASSURE) Center of 6
Excellence (COE) and any other activity deemed to sup-7
port the safe, secure, or efficient operation of the National 8
Airspace System or maintenance of public safety, as deter-9
mined by the Secretary or the Secretary’s designee. 10
(d) N
ATIONALTRANSPORTATION SAFETYBOARD 11
E
XEMPTION.—The National Transportation Safety 12
Board, in consultation with the Secretary of Homeland Se-13
curity, is exempt from the restriction under subsection (a) 14
if the operation or procurement is necessary for the sole 15
purpose of conducting safety investigations. 16
(e) N
ATIONALOCEANIC ANDATMOSPHERICADMIN-17
ISTRATIONEXEMPTION.—The Administrator of the Na-18
tional Oceanic and Atmospheric Administration (NOAA), 19
in consultation with the Secretary of Homeland Security, 20
is exempt from the restriction under subsection (a) if the 21
procurement is necessary for the purpose of meeting 22
NOAA’s science or management objectives or operational 23
mission. 24
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(f) WAIVER.—The head of an executive agency may 1
waive the prohibition under subsection (a) on a case-by- 2
case basis— 3
(1) with the approval of the Director of the Of-4
fice of Management and Budget, after consultation 5
with the Federal Acquisition Security Council; and 6
(2) upon notification to— 7
(A) the Committee on Homeland Security 8
and Governmental Affairs of the Senate; 9
(B) the Committee on Oversight and Re-10
form in the House of Representatives; and 11
(C) other appropriate congressional com-12
mittees of jurisdiction. 13
SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-14
MANNED AIRCRAFT SYSTEMS FROM COV-15
ERED FOREIGN ENTITIES. 16
(a) P
ROHIBITION.— 17
(1) I
N GENERAL.—Beginning on the date that 18
is two years after the date of the enactment of this 19
Act, no Federal department or agency may operate 20
a covered unmanned aircraft system manufactured 21
or assembled by a covered foreign entity. 22
(2) A
PPLICABILITY TO CONTRACTED SERV -23
ICES.—The prohibition under paragraph (1) applies 24
to any covered unmanned aircraft systems that are 25
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being used by any executive agency through the 1
method of contracting for the services of covered un-2
manned aircraft systems. 3
(b) E
XEMPTION.—The Secretary of Homeland Secu-4
rity, the Secretary of Defense, the Director of National 5
Intelligence, and the Attorney General are exempt from 6
the restriction under subsection (a) if the operation is re-7
quired in the national interest of the United States 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) 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
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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) 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 Re-14
form in the House of Representatives; and 15
(C) other appropriate congressional com-16
mittees of jurisdiction. 17
(g) R
EGULATIONS AND GUIDANCE.—Not later than 18
180 days after the date of the enactment of this Act, the 19
Secretary of Homeland Security, in consultation with the 20
Attorney General and the Secretary of Transportation, 21
shall prescribe regulations or guidance to implement this 22
section. 23
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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 Defense, the Director of National 16
Intelligence, and the Attorney General are exempt from 17
the restriction under subsection (a) if the procurement or 18
operation is required in the national interest of the United 19
States 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
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(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
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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 Re-20
form in the House of Representatives; and 21
(C) other appropriate congressional com-22
mittees of jurisdiction. 23
(f) R
EGULATIONS.—Not later than 180 days after 24
the date of the enactment of this Act, the Federal Acquisi-25
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tion Regulatory Council shall prescribe regulations or 1
guidance, as necessary, to implement the requirements of 2
this section pertaining to Federal contracts. 3
SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 4
PURCHASE CARDS TO PURCHASE COVERED 5
UNMANNED AIRCRAFT SYSTEMS FROM COV-6
ERED FOREIGN ENTITIES. 7
Effective immediately, Government-issued Purchase 8
Cards may not be used to procure any covered unmanned 9
aircraft system from a covered foreign entity. 10
SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV-11
ERED UNMANNED AIRCRAFT SYSTEMS FROM 12
COVERED FOREIGN ENTITIES. 13
(a) I
NGENERAL.—All executive agencies must ac-14
count for existing inventories of covered unmanned air-15
craft systems manufactured or assembled by a covered for-16
eign entity in their personal property accounting systems, 17
within one year of the date of enactment of this Act, re-18
gardless of the original procurement cost, or the purpose 19
of procurement due to the special monitoring and account-20
ing measures necessary to track the items’ capabilities. 21
(b) C
LASSIFIEDTRACKING.—Due to the sensitive na-22
ture of missions and operations conducted by the United 23
States Government, inventory data related to covered un-24
manned aircraft systems manufactured or assembled by 25
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a covered foreign entity may be tracked at a classified 1
level, as determined by the Secretary of Homeland Secu-2
rity or the Secretary’s designee. 3
(c) E
XCEPTIONS.—The Department of Defense, the 4
Department of Homeland Security, the Department of 5
Justice, the Department of Transportation, and the Na-6
tional Oceanic and Atmospheric Administration may ex-7
clude from the full inventory process, covered unmanned 8
aircraft systems that are deemed expendable due to mis-9
sion risk such as recovery issues, or that are one-time- 10
use covered unmanned aircraft due to requirements and 11
low cost. 12
SEC. 8. COMPTROLLER GENERAL REPORT. 13
Not later than 275 days after the date of the enact-14
ment of this Act, the Comptroller General of the United 15
States shall submit to Congress a report on the amount 16
of commercial off-the-shelf drones and covered unmanned 17
aircraft systems procured by Federal departments and 18
agencies from covered foreign entities. 19
SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 20
OF UNMANNED AIRCRAFT SYSTEMS. 21
(a) I
NGENERAL.—Not later than 180 days after the 22
date of the enactment of this Act, the Director of the Of-23
fice of Management and Budget, in coordination with the 24
Department of Homeland Security, Department of Trans-25
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portation, the Department of Justice, and other Depart-1
ments as determined by the Director of the Office of Man-2
agement and Budget, and in consultation with the Na-3
tional Institute of Standards and Technology, shall estab-4
lish a government-wide policy for the procurement of an 5
unmanned aircraft system— 6
(1) for non-Department of Defense and non-in-7
telligence community operations; and 8
(2) through grants and cooperative agreements 9
entered into with non-Federal entities. 10
(b) I
NFORMATIONSECURITY.—The policy developed 11
under subsection (a) shall include the following specifica-12
tions, which to the extent practicable, shall be based on 13
industry standards and technical guidance from the Na-14
tional Institute of Standards and Technology, to address 15
the risks associated with processing, storing, and trans-16
mitting Federal information in an unmanned aircraft sys-17
tem: 18
(1) Protections to ensure controlled access to 19
an unmanned aircraft system. 20
(2) Protecting software, firmware, and hard-21
ware by ensuring changes to an unmanned aircraft 22
system are properly managed, including by ensuring 23
an unmanned aircraft system can be updated using 24
a secure, controlled, and configurable mechanism. 25
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(3) Cryptographically securing sensitive col-1
lected, stored, and transmitted data, including prop-2
er handling of privacy data and other controlled un-3
classified information. 4
(4) Appropriate safeguards necessary to protect 5
sensitive information, including during and after use 6
of an unmanned aircraft system. 7
(5) Appropriate data security to ensure that 8
data is not transmitted to or stored in non-approved 9
locations. 10
(6) The ability to opt out of the uploading, 11
downloading, or transmitting of data that is not re-12
quired by law or regulation and an ability to choose 13
with whom and where information is shared when it 14
is required. 15
(c) R
EQUIREMENT.—The policy developed under sub-16
section (a) shall reflect an appropriate risk-based ap-17
proach to information security related to use of an un-18
manned aircraft system. 19
(d) R
EVISION OFACQUISITIONREGULATIONS.—Not 20
later than 180 days after the date on which the policy 21
required under subsection (a) is issued— 22
(1) the Federal Acquisition Regulatory Council 23
shall revise the Federal Acquisition Regulation, as 24
necessary, to implement the policy; and 25
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(2) any Federal department or agency or other 1
Federal entity not subject to, or not subject solely 2
to, the Federal Acquisition Regulation shall revise 3
applicable policy, guidance, or regulations, as nec-4
essary, to implement the policy. 5
(e) E
XEMPTION.—In developing the policy required 6
under subsection (a), the Director of the Office of Man-7
agement and Budget shall— 8
(1) incorporate policies to implement the ex-9
emptions contained in this Act; and 10
(2) incorporate an exemption to the policy in 11
the case of a head of the procuring department or 12
agency determining, in writing, that no product that 13
complies with the information security requirements 14
described in subsection (b) is capable of fulfilling 15
mission critical performance requirements, and such 16
determination— 17
(A) may not be delegated below the level of 18
the Deputy Secretary, or Administrator, of the 19
procuring department or agency; 20
(B) shall specify— 21
(i) the quantity of end items to which 22
the waiver applies and the procurement 23
value of those items; and 24
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(ii) the time period over which the 1
waiver applies, which shall not exceed three 2
years; 3
(C) shall be reported to the Office of Man-4
agement and Budget following issuance of such 5
a determination; and 6
(D) not later than 30 days after the date 7
on which the determination is made, shall be 8
provided to the Committee on Homeland Secu-9
rity and Governmental Affairs of the Senate 10
and the Committee on Oversight and Reform of 11
the House of Representatives. 12
SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCE-13
MENT AND EMERGENCY SERVICE EXEMP-14
TION. 15
(a) R
ULE OFCONSTRUCTION.—Nothing in this Act 16
shall prevent a State, local, or territorial law enforcement 17
or emergency service agency from procuring or operating 18
a covered unmanned aircraft system purchased with non- 19
Federal dollars. 20
(b) C
ONTINUITY OFARRANGEMENTS.—The Federal 21
Government may continue entering into contracts, grants, 22
and cooperative agreements or other Federal funding in-23
struments with State, local, or territorial law enforcement 24
or emergency service agencies under which a covered un-25
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manned aircraft system will be purchased or operated if 1
the agency has received approval or waiver to purchase 2
or operate a covered unmanned aircraft system pursuant 3
to section 5. 4
SEC. 11. STUDY. 5
(a) S
TUDY ON THESUPPLYCHAIN FORUNMANNED 6
A
IRCRAFTSYSTEMS ANDCOMPONENTS.— 7
(1) R
EPORT REQUIRED .—Not later than one 8
year after the date of the enactment of this Act, the 9
Under Secretary of Defense for Acquisition and 10
Sustainment shall provide to the appropriate con-11
gressional committees a report on the supply chain 12
for covered unmanned aircraft systems, including a 13
discussion of current and projected future demand 14
for covered unmanned aircraft systems. 15
(2) E
LEMENTS.—The report under paragraph 16
(1) shall include the following: 17
(A) A description of the current and future 18
global and domestic market for covered un-19
manned aircraft systems that are not widely 20
commercially available except from a covered 21
foreign entity. 22
(B) A description of the sustainability, 23
availability, cost, and quality of secure sources 24
of covered unmanned aircraft systems domesti-25
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cally and from sources in allied and partner 1
countries. 2
(C) The plan of the Secretary of Defense 3
to address any gaps or deficiencies identified in 4
subparagraph (B), including through the use of 5
funds available under the Defense Production 6
Act of 1950 (50 U.S.C. 4501 et seq.) and part-7
nerships with the National Aeronautics and 8
Space Administration and other interested per-9
sons. 10
(D) Such other information as the Under 11
Secretary of Defense for Acquisition and 12
Sustainment determines to be appropriate. 13
(3) A
PPROPRIATE CONGRESSIONAL COMMIT -14
TEES DEFINED.—In this section the term ‘‘appro-15
priate congressional committees’’ means: 16
(A) The Committees on Armed Services of 17
the Senate and the House of Representatives. 18
(B) The Committee on Homeland Security 19
and Governmental Affairs of the Senate and the 20
Committee on Oversight and Reform of the 21
House of Representatives. 22
(C) The Committee on Commerce, Science, 23
and Transportation of the Senate and the Com-24
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mittee on Science, Space, and Technology of 1
the House of Representatives. 2
(D) The Select Committee on Intelligence 3
of the Senate and the Permanent Select Com-4
mittee on Intelligence of the House of Rep-5
resentatives. 6
(E) The Committee on Transportation and 7
Infrastructure of the House of Representatives. 8
(F) The Committee on Homeland Security 9
of the House of Representatives. 10
SEC. 12. EXCEPTIONS. 11
(a) E
XCEPTION FORWILDFIREMANAGEMENTOPER-12
ATIONS ANDSEARCH ANDRESCUEOPERATIONS.—The 13
appropriate Federal agencies, in consultation with the Sec-14
retary of Homeland Security, are exempt from the pro-15
curement and operation restrictions under sections 3, 4, 16
and 5 to the extent the procurement or operation is nec-17
essary for the purpose of supporting the full range of wild-18
fire management operations or search and rescue oper-19
ations. 20
(b) E
XCEPTION FOR INTELLIGENCEACTIVITIES.— 21
The elements of the intelligence community, in consulta-22
tion with the Director of National Intelligence, are exempt 23
from the procurement and operation restrictions under 24
sections 3, 4, and 5 to the extent the procurement or oper-25
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•S 473 IS
ation is necessary for the purpose of supporting intel-1
ligence activities. 2
(c) E
XCEPTION FORTRIBALLAWENFORCEMENT OR 3
E
MERGENCYSERVICEAGENCY.—Tribal law enforcement 4
or Tribal emergency service agencies, in consultation with 5
the Secretary of Homeland Security, are exempt from the 6
procurement, operation, and purchase restrictions under 7
sections 3, 4, and 5 to the extent the procurement or oper-8
ation is necessary for the purpose of supporting the full 9
range of law enforcement operations or search and rescue 10
operations on Indian lands. 11
SEC. 13. SUNSET. 12
Sections 3, 4, and 5 shall cease to have effect on the 13
date that is five years after the date of the enactment of 14
this Act. 15
Æ
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