Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB473 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		II
2		-	Calendar No. 190
3	2		118THCONGRESS
4	3		1
5	4		STSESSION S. 473
6		-	[Report No. 118–87]
7	5		To provide for drone security.
8	6		IN THE SENATE OF THE UNITED STATES
9	7		FEBRUARY16, 2023
10	8		Mr. S
11	9		COTTof Florida (for himself, Mr. WARNER, Mr. RUBIO, Mr.
12	10		B
13		-	LUMENTHAL, Mrs. BLACKBURN, Mr. MURPHY, Mr. HAWLEY, and Mr.
14		-	R
15		-	OMNEY) introduced the following bill; which was read twice and referred
16		-	to the Committee on Homeland Security and Governmental Affairs
17		-	A
18		-	UGUST22, 2023
19		-	Reported under authority of the order of the Senate of July 27, 2023, by Mr.
20		-	P
21		-	ETERS, without amendment
	11	+	LUMENTHAL, Mrs. BLACKBURN, and Mr. MURPHY) introduced the fol-
	12	+	lowing bill; which was read twice and referred to the Committee on
	13	+	Homeland Security and Governmental Affairs
22	14		A BILL
23	15		To provide for drone security.
24	16		Be it enacted by the Senate and House of Representa-1
25	17		tives of the United States of America in Congress assembled, 2
26	18		SECTION 1. SHORT TITLE. 3
27	19		This Act may be cited as the ‘‘American Security 4
28	20		Drone Act of 2023’’. 5
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31		-	•S 473 RS
32		-	SEC. 2. DEFINITIONS. 1
33		-	In this Act: 2
	21	+	SEC. 2. DEFINITIONS. 6
	22	+	In this Act: 7
34	23		(1) C
35		-	OVERED FOREIGN ENTITY .—The term 3
36		-	‘‘covered foreign entity’’ means an entity included on 4
37		-	a list developed and maintained by the Federal Ac-5
38		-	quisition Security Council and published in the Sys-6
39		-	~~tem for Award Management (SAM)~~. ~~This list will in-7~~
40		-	~~clude entities in the following categories:~~ 8
41		-	~~(A) An entity included on the Consolidated 9~~
42		-	~~Screening~~ List~~. 10~~
43		-	~~(B) Any entity that is subject to 11~~
44		-	~~extrajudicial direction from a foreign govern-12~~
45		-	~~ment, as determined by the Secretary of Home-13~~
46		-	~~land Security.~~ 14
47		-	~~(C) Any entity the Secretary of Homeland 15~~
48		-	~~Security~~, ~~in coordination with~~ the ~~Attorney 16~~
49		-	~~General, Director of National Intelligence, and 17~~
50		-	the Secretary of ~~Defense, determines poses a 18~~
51		-	~~national security risk.~~ 19
52		-	~~(D) Any entity domiciled in the People’s 20~~
53		-	~~Republic~~ of ~~China or subject to influence or 21~~
54		-	~~control by the Government of the People’s Re-22~~
55		-	~~public of China or~~ the ~~Communist Party of the 23~~
56		-	~~People’s~~ Republic of China~~, as determined by 24~~
57		-	the ~~Secretary~~ of ~~Homeland Security.~~ 25
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60		-	~~•S 473 RS~~
61		-	(E) Any subsidiary or affiliate of an entity 1
62		-	described in subparagraphs (A) through (D). 2
	24	+	OVERED FOREIGN ENTITY .—The term 8
	25	+	‘‘covered foreign entity’’ means an entity included on 9
	26	+	a list developed and maintained by the Federal Ac-10
	27	+	quisition Security Council and published in the Sys-11
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	30	+	•S 473 IS
	31	+	tem for Award Management (SAM). This list will in-1
	32	+	clude entities in the following categories: 2
	33	+	(A) An entity included on the Consolidated 3
	34	+	Screening List. 4
	35	+	(B) Any entity that is subject to 5
	36	+	extrajudicial direction from a foreign govern-6
	37	+	ment, as determined by the Secretary of Home-7
	38	+	land Security. 8
	39	+	(C) Any entity the Secretary of Homeland 9
	40	+	Security, in coordination with the Attorney 10
	41	+	General, Director of National Intelligence, and 11
	42	+	the Secretary of Defense, determines poses a 12
	43	+	national security risk. 13
	44	+	(D) Any entity domiciled in the People’s 14
	45	+	Republic of China or subject to influence or 15
	46	+	control by the Government of the People’s Re-16
	47	+	public of China or the Communist Party of the 17
	48	+	People’s Republic of China, as determined by 18
	49	+	the Secretary of Homeland Security. 19
	50	+	(E) Any subsidiary or affiliate of an entity 20
	51	+	described in subparagraphs (A) through (D). 21
63	52		(2) C
64		-	OVERED UNMANNED AIRCRAFT SYSTEM .— 3
65		-	The term ‘‘covered unmanned aircraft system’’ has 4
66		-	the meaning given the term ‘‘unmanned aircraft sys-5
67		-	tem’’ in section 44801 of title 49, United States 6
68		-	Code. 7
	53	+	OVERED UNMANNED AIRCRAFT SYSTEM .— 22
	54	+	The term ‘‘covered unmanned aircraft system’’ has 23
	55	+	the meaning given the term ‘‘unmanned aircraft sys-24
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	57	+	pbinns on DSKJLVW7X2PROD with $$_JOB 3
	58	+	•S 473 IS
	59	+	tem’’ in section 44801 of title 49, United States 1
	60	+	Code. 2
69	61		(3) I
70		-	NTELLIGENCE; INTELLIGENCE COMMU -8
71		-	NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 9
72		-	community’’ have the meanings given those terms in 10
73		-	section 3 of the National Security Act of 1947 (50 11
74		-	U.S.C. 3003). 12
75		-	SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-13
76		-	MANNED AIRCRAFT SYSTEMS FROM COV-14
77		-	ERED FOREIGN ENTITIES. 15
	62	+	NTELLIGENCE; INTELLIGENCE COMMU -3
	63	+	NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 4
	64	+	community’’ have the meanings given those terms in 5
	65	+	section 3 of the National Security Act of 1947 (50 6
	66	+	U.S.C. 3003). 7
	67	+	SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-8
	68	+	MANNED AIRCRAFT SYSTEMS FROM COV-9
	69	+	ERED FOREIGN ENTITIES. 10
78	70		(a) I
79		-	NGENERAL.—Except as provided under sub-16
80		-	sections (b) through (f), the head of an executive agency 17
81		-	may not procure any covered unmanned aircraft system 18
82		-	that is manufactured or assembled by a covered foreign 19
83		-	entity, which includes associated elements related to the 20
84		-	collection and transmission of sensitive information (con-21
85		-	sisting of communication links and the components that 22
86		-	control the unmanned aircraft) that enable the operator 23
87		-	to operate the aircraft in the National Airspace System. 24
88		-	The Federal Acquisition Security Council, in coordination 25
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91		-	•S 473 RS
92		-	with the Secretary of Transportation, shall develop and 1
93		-	update a list of associated elements. 2
	71	+	NGENERAL.—Except as provided under sub-11
	72	+	sections (b) through (f), the head of an executive agency 12
	73	+	may not procure any covered unmanned aircraft system 13
	74	+	that is manufactured or assembled by a covered foreign 14
	75	+	entity, which includes associated elements related to the 15
	76	+	collection and transmission of sensitive information (con-16
	77	+	sisting of communication links and the components that 17
	78	+	control the unmanned aircraft) that enable the operator 18
	79	+	to operate the aircraft in the National Airspace System. 19
	80	+	The Federal Acquisition Security Council, in coordination 20
	81	+	with the Secretary of Transportation, shall develop and 21
	82	+	update a list of associated elements. 22
94	83		(b) E
95		-	XEMPTION.—The Secretary of Homeland Secu-3
96		-	rity, the Secretary of Defense, the Director of National 4
97		-	Intelligence, and the Attorney General are exempt from 5
98		-	the restriction under subsection (a) if the procurement is 6
99		-	required in the national interest of the United States 7
100		-	and— 8
	84	+	XEMPTION.—The Secretary of Homeland Secu-23
	85	+	rity, the Secretary of Defense, the Director of National 24
	86	+	Intelligence, and the Attorney General are exempt from 25
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	89	+	•S 473 IS
	90	+	the restriction under subsection (a) if the procurement is 1
	91	+	required in the national interest of the United States 2
	92	+	and— 3
	93	+	(1) is for the sole purposes of research, evalua-4
	94	+	tion, training, testing, or analysis for electronic war-5
	95	+	fare, information warfare operations, cybersecurity, 6
	96	+	or development of unmanned aircraft system or 7
	97	+	counter-unmanned aircraft system technology; 8
	98	+	(2) is for the sole purposes of conducting 9
	99	+	counterterrorism or counterintelligence activities, 10
	100	+	protective missions, or Federal criminal or national 11
	101	+	security investigations, including forensic examina-12
	102	+	tions, or for electronic warfare, information warfare 13
	103	+	operations, cybersecurity, or development of an un-14
	104	+	manned aircraft system or counter-unmanned air-15
	105	+	craft system technology; or 16
	106	+	(3) is an unmanned aircraft system that, as 17
	107	+	procured or as modified after procurement but be-18
	108	+	fore operational use, can no longer transfer to, or 19
	109	+	download data from, a covered foreign entity and 20
	110	+	otherwise poses no national security cybersecurity 21
	111	+	risks as determined by the exempting official. 22
	112	+	(c) D
	113	+	EPARTMENT OF TRANSPORTATION AND FED-23
	114	+	ERALAVIATIONADMINISTRATION EXEMPTION.—The 24
	115	+	Secretary of Transportation is exempt from the restriction 25
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	118	+	•S 473 IS
	119	+	under subsection (a) if the operation or procurement is 1
	120	+	deemed to support the safe, secure, or efficient operation 2
	121	+	of the National Airspace System or maintenance of public 3
	122	+	safety, including activities carried out under the Federal 4
	123	+	Aviation Administration’s Alliance for System Safety of 5
	124	+	UAS through Research Excellence (ASSURE) Center of 6
	125	+	Excellence (COE) and any other activity deemed to sup-7
	126	+	port the safe, secure, or efficient operation of the National 8
	127	+	Airspace System or maintenance of public safety, as deter-9
	128	+	mined by the Secretary or the Secretary’s designee. 10
	129	+	(d) N
	130	+	ATIONALTRANSPORTATION SAFETYBOARD 11
	131	+	E
	132	+	XEMPTION.—The National Transportation Safety 12
	133	+	Board, in consultation with the Secretary of Homeland Se-13
	134	+	curity, is exempt from the restriction under subsection (a) 14
	135	+	if the operation or procurement is necessary for the sole 15
	136	+	purpose of conducting safety investigations. 16
	137	+	(e) N
	138	+	ATIONALOCEANIC ANDATMOSPHERICADMIN-17
	139	+	ISTRATIONEXEMPTION.—The Administrator of the Na-18
	140	+	tional Oceanic and Atmospheric Administration (NOAA), 19
	141	+	in consultation with the Secretary of Homeland Security, 20
	142	+	is exempt from the restriction under subsection (a) if the 21
	143	+	procurement is necessary for the purpose of meeting 22
	144	+	NOAA’s science or management objectives or operational 23
	145	+	mission. 24
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	148	+	•S 473 IS
	149	+	(f) WAIVER.—The head of an executive agency may 1
	150	+	waive the prohibition under subsection (a) on a case-by- 2
	151	+	case basis— 3
	152	+	(1) with the approval of the Director of the Of-4
	153	+	fice of Management and Budget, after consultation 5
	154	+	with the Federal Acquisition Security Council; and 6
	155	+	(2) upon notification to— 7
	156	+	(A) the Committee on Homeland Security 8
	157	+	and Governmental Affairs of the Senate; 9
	158	+	(B) the Committee on Oversight and Re-10
	159	+	form in the House of Representatives; and 11
	160	+	(C) other appropriate congressional com-12
	161	+	mittees of jurisdiction. 13
	162	+	SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-14
	163	+	MANNED AIRCRAFT SYSTEMS FROM COV-15
	164	+	ERED FOREIGN ENTITIES. 16
	165	+	(a) P
	166	+	ROHIBITION.— 17
	167	+	(1) I
	168	+	N GENERAL.—Beginning on the date that 18
	169	+	is two years after the date of the enactment of this 19
	170	+	Act, no Federal department or agency may operate 20
	171	+	a covered unmanned aircraft system manufactured 21
	172	+	or assembled by a covered foreign entity. 22
	173	+	(2) A
	174	+	PPLICABILITY TO CONTRACTED SERV -23
	175	+	ICES.—The prohibition under paragraph (1) applies 24
	176	+	to any covered unmanned aircraft systems that are 25
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	179	+	•S 473 IS
	180	+	being used by any executive agency through the 1
	181	+	method of contracting for the services of covered un-2
	182	+	manned aircraft systems. 3
	183	+	(b) E
	184	+	XEMPTION.—The Secretary of Homeland Secu-4
	185	+	rity, the Secretary of Defense, the Director of National 5
	186	+	Intelligence, and the Attorney General are exempt from 6
	187	+	the restriction under subsection (a) if the operation is re-7
	188	+	quired in the national interest of the United States and— 8
101	189		(1) is for the sole purposes of research, evalua-9
102	190		tion, training, testing, or analysis for electronic war-10
103	191		fare, information warfare operations, cybersecurity, 11
104	192		or development of unmanned aircraft system or 12
105	193		counter-unmanned aircraft system technology; 13
106	194		(2) is for the sole purposes of conducting 14
107	195		counterterrorism or counterintelligence activities, 15
108	196		protective missions, or Federal criminal or national 16
109	197		security investigations, including forensic examina-17
110	198		tions, or for electronic warfare, information warfare 18
111	199		operations, cybersecurity, or development of an un-19
112	200		manned aircraft system or counter-unmanned air-20
113	201		craft system technology; or 21
114	202		(3) is an unmanned aircraft system that, as 22
115	203		procured or as modified after procurement but be-23
116	204		fore operational use, can no longer transfer to, or 24
117	205		download data from, a covered foreign entity and 25
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	208	+	•S 473 IS
121	209		otherwise poses no national security cybersecurity 1
122	210		risks as determined by the exempting official. 2
123	211		(c) D
124	212		EPARTMENT OF TRANSPORTATION AND FED-3
125	213		ERALAVIATIONADMINISTRATION EXEMPTION.—The 4
126	214		Secretary of Transportation is exempt from the restriction 5
127		-	under subsection (a) if the operation ~~or procurement~~ is 6
128		-	~~deemed to support~~ the safe, secure, or efficient operation 7
129		-	~~of the National Airspace~~ System or maintenance of public 8
130		-	~~safety, including~~ activities carried out under the Federal 9
131		-	~~Aviation Administration~~’s Alliance for System Safety of 10
132		-	~~UAS through Research~~ Excellence (ASSURE) Center of 11
133		-	~~Excellence (COE)~~ and any other activity deemed to ~~sup-~~12
134		-	~~port the safe, secure,~~ or efficient operation of the National 13
135		-	~~Airspace System or~~ maintenance of public safety, as ~~deter~~-14
136		-	~~mined by the Secretary~~ or the Secretary’s designee. 15
	215	+	under subsection (a) if the operation is deemed to support 6
	216	+	the safe, secure, or efficient operation of the National Air-7
	217	+	space System or maintenance of public safety, including 8
	218	+	activities carried out under the Federal Aviation Adminis-9
	219	+	tration’s Alliance for System Safety of UAS through Re-10
	220	+	search Excellence (ASSURE) Center of Excellence (COE) 11
	221	+	and any other activity deemed to support the safe, secure, 12
	222	+	or efficient operation of the National Airspace System or 13
	223	+	maintenance of public safety, as determined by the Sec-14
	224	+	retary or the Secretary’s designee. 15
137	225		(d) N
138	226		ATIONALTRANSPORTATION SAFETYBOARD 16
139	227		E
140	228		XEMPTION.—The National Transportation Safety 17
141	229		Board, in consultation with the Secretary of Homeland Se-18
142	230		curity, is exempt from the restriction under subsection (a) 19
143		-	if the operation ~~or procurement~~ is necessary for the sole 20
144		-	~~purpose of conducting~~ safety investigations. 21
	231	+	if the operation is necessary for the sole purpose of con-20
	232	+	ducting safety investigations. 21
145	233		(e) N
146	234		ATIONALOCEANIC ANDATMOSPHERICADMIN-22
147	235		ISTRATIONEXEMPTION.—The Administrator of the Na-23
148	236		tional Oceanic and Atmospheric Administration (NOAA), 24
149	237		in consultation with the Secretary of Homeland Security, 25
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152		-	•S 473 RS
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	240	+	•S 473 IS
153	241		is exempt from the restriction under subsection (a) if the 1
154	242		procurement is necessary for the purpose of meeting 2
155	243		NOAA’s science or management objectives or operational 3
156	244		mission. 4
157	245		(f) W
158	246		AIVER.—The head of an executive agency may 5
159	247		waive the prohibition under subsection (a) on a case-by- 6
160	248		case basis— 7
161	249		(1) with the approval of the Director of the Of-8
162	250		fice of Management and Budget, after consultation 9
163	251		with the Federal Acquisition Security Council; and 10
164	252		(2) upon notification to— 11
165	253		(A) the Committee on Homeland Security 12
166	254		and Governmental Affairs of the Senate; 13
167	255		(B) the Committee on Oversight and Re-14
168	256		form in the House of Representatives; and 15
169	257		(C) other appropriate congressional com-16
170	258		mittees of jurisdiction. 17
171		-	SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-18
172		-	MANNED AIRCRAFT SYSTEMS FROM COV-19
173		-	ERED FOREIGN ENTITIES. 20
174		-	(a) P
175		-	ROHIBITION.— 21
176		-	(1) I
177		-	N GENERAL.—Beginning on the date that 22
178		-	is two years after the date of the enactment of this 23
179		-	Act, no Federal department or agency may operate 24
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182		-	•S 473 RS
183		-	a covered unmanned aircraft system manufactured 1
184		-	or assembled by a covered foreign entity. 2
185		-	(2) A
186		-	PPLICABILITY TO CONTRACTED SERV -3
187		-	ICES.—The prohibition under paragraph (1) applies 4
188		-	to any covered unmanned aircraft systems that are 5
189		-	being used by any executive agency through the 6
190		-	method of contracting for the services of covered un-7
191		-	manned aircraft systems. 8
	259	+	(g) R
	260	+	EGULATIONS AND GUIDANCE.—Not later than 18
	261	+	180 days after the date of the enactment of this Act, the 19
	262	+	Secretary of Homeland Security, in consultation with the 20
	263	+	Attorney General and the Secretary of Transportation, 21
	264	+	shall prescribe regulations or guidance to implement this 22
	265	+	section. 23
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	268	+	•S 473 IS
	269	+	SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 1
	270	+	PROCUREMENT AND OPERATION OF COV-2
	271	+	ERED UNMANNED AIRCRAFT SYSTEMS FROM 3
	272	+	COVERED FOREIGN ENTITIES. 4
	273	+	(a) I
	274	+	NGENERAL.—Beginning on the date that is two 5
	275	+	years after the date of the enactment of this Act, except 6
	276	+	as provided in subsection (b), no Federal funds awarded 7
	277	+	through a contract, grant, or cooperative agreement, or 8
	278	+	otherwise made available may be used— 9
	279	+	(1) to procure a covered unmanned aircraft sys-10
	280	+	tem that is manufactured or assembled by a covered 11
	281	+	foreign entity; or 12
	282	+	(2) in connection with the operation of such a 13
	283	+	drone or unmanned aircraft system. 14
192	284		(b) E
193		-	XEMPTION.—The Secretary of Homeland Secu-9
194		-	rity, the Secretary of Defense, the Director of National 10
195		-	Intelligence, and the Attorney General are exempt from 11
196		-	the restriction under subsection (a) if the operation is re-12
197		-	quired in the national interest of the United States and— 13
198		-	(1) is for the sole purposes of research, evalua-14
199		-	tion, training, testing, or analysis for electronic war-15
200		-	fare, information warfare operations, cybersecurity, 16
201		-	or development of unmanned aircraft system or 17
202		-	counter-unmanned aircraft system technology; 18
203		-	(2) is for the sole purposes of conducting 19
204		-	counterterrorism or counterintelligence activities, 20
205		-	protective missions, or Federal criminal or national 21
206		-	security investigations, including forensic examina-22
207		-	tions, or for electronic warfare, information warfare 23
208		-	operations, cybersecurity, or development of an un-24
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211		-	•S 473 RS
212		-	manned aircraft system or counter-unmanned air-1
213		-	craft system technology; or 2
214		-	(3) is an unmanned aircraft system that, as 3
215		-	procured or as modified after procurement but be-4
216		-	fore operational use, can no longer transfer to, or 5
217		-	download data from, a covered foreign entity and 6
218		-	otherwise poses no national security cybersecurity 7
219		-	risks as determined by the exempting official. 8
	285	+	XEMPTION.—The Secretary of Homeland Secu-15
	286	+	rity, the Secretary of Defense, the Director of National 16
	287	+	Intelligence, and the Attorney General are exempt from 17
	288	+	the restriction under subsection (a) if the procurement or 18
	289	+	operation is required in the national interest of the United 19
	290	+	States and— 20
	291	+	(1) is for the sole purposes of research, evalua-21
	292	+	tion, training, testing, or analysis for electronic war-22
	293	+	fare, information warfare operations, cybersecurity, 23
	294	+	or development of unmanned aircraft system or 24
	295	+	counter-unmanned aircraft system technology; 25
	296	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
	297	+	pbinns on DSKJLVW7X2PROD with $$_JOB 11
	298	+	•S 473 IS
	299	+	(2) is for the sole purposes of conducting 1
	300	+	counterterrorism or counterintelligence activities, 2
	301	+	protective missions, or Federal criminal or national 3
	302	+	security investigations, including forensic examina-4
	303	+	tions, or for electronic warfare, information warfare 5
	304	+	operations, cybersecurity, or development of an un-6
	305	+	manned aircraft system or counter-unmanned air-7
	306	+	craft system technology; or 8
	307	+	(3) is an unmanned aircraft system that, as 9
	308	+	procured or as modified after procurement but be-10
	309	+	fore operational use, can no longer transfer to, or 11
	310	+	download data from, a covered foreign entity and 12
	311	+	otherwise poses no national security cybersecurity 13
	312	+	risks as determined by the exempting official. 14
220	313		(c) D
221		-	EPARTMENT OF TRANSPORTATION AND FED-9
222		-	ERALAVIATIONADMINISTRATION EXEMPTION.—The 10
223		-	Secretary of Transportation is exempt from the restriction 11
224		-	under subsection (a) if the operation is deemed to support 12
225		-	the safe, secure, or efficient operation of the National Air-13
226		-	space System or maintenance of public safety, including 14
227		-	activities carried out under the Federal Aviation Adminis-15
228		-	tration’s Alliance for System Safety of UAS through Re-16
229		-	search Excellence (ASSURE) Center of Excellence (COE) 17
230		-	and any other activity deemed to support the safe, secure, 18
231		-	or efficient operation of the National Airspace System or 19
232		-	maintenance of public safety, as determined by the Sec-20
233		-	retary or the Secretary’s designee. 21
	314	+	EPARTMENT OF TRANSPORTATION AND FED-15
	315	+	ERALAVIATIONADMINISTRATION EXEMPTION.—The 16
	316	+	Secretary of Transportation is exempt from the restriction 17
	317	+	under subsection (a) if the operation or procurement is 18
	318	+	deemed to support the safe, secure, or efficient operation 19
	319	+	of the National Airspace System or maintenance of public 20
	320	+	safety, including activities carried out under the Federal 21
	321	+	Aviation Administration’s Alliance for System Safety of 22
	322	+	UAS through Research Excellence (ASSURE) Center of 23
	323	+	Excellence (COE) and any other activity deemed to sup-24
	324	+	port the safe, secure, or efficient operation of the National 25
	325	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
	326	+	pbinns on DSKJLVW7X2PROD with $$_JOB 12
	327	+	•S 473 IS
	328	+	Airspace System or maintenance of public safety, as deter-1
	329	+	mined by the Secretary or the Secretary’s designee. 2
234	330		(d) N
235		-	ATIONALTRANSPORTATION SAFETYBOARD 22
236		-	E
237		-	XEMPTION.—The National Transportation Safety 23
238		-	Board, in consultation with the Secretary of Homeland Se-24
239		-	curity, is exempt from the restriction under subsection (a) 25
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242		-	•S 473 RS
243		-	if the operation is necessary for the sole purpose of con-1
244		-	ducting safety investigations. 2
245		-	(e) N
246	331		ATIONALOCEANIC ANDATMOSPHERICADMIN-3
247	332		ISTRATIONEXEMPTION.—The Administrator of the Na-4
248	333		tional Oceanic and Atmospheric Administration (NOAA), 5
249	334		in consultation with the Secretary of Homeland Security, 6
250	335		is exempt from the restriction under subsection (a) if the 7
251		-	procurement is necessary for the purpose of ~~meeting~~ 8
252		-	NOAA’s science or management objectives or ~~operational~~ 9
253		-	mission. 10
254		-	(f) W
	336	+	operation or procurement is necessary for the purpose of 8
	337	+	meeting NOAA’s science or management objectives or 9
	338	+	operational mission. 10
	339	+	(e) W
255	340		AIVER.—The head of an executive agency may 11
256	341		waive the prohibition under subsection (a) on a case-by- 12
257	342		case basis— 13
258	343		(1) with the approval of the Director of the Of-14
259	344		fice of Management and Budget, after consultation 15
260	345		with the Federal Acquisition Security Council; and 16
261	346		(2) upon notification to— 17
262	347		(A) the Committee on Homeland Security 18
263	348		and Governmental Affairs of the Senate; 19
264	349		(B) the Committee on Oversight and Re-20
265	350		form in the House of Representatives; and 21
266	351		(C) other appropriate congressional com-22
267	352		mittees of jurisdiction. 23
268		-	(g) R
269		-	EGULATIONS AND GUIDANCE.—Not later than 24
270		-	180 days after the date of the enactment of this Act, the 25
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273		-	•S 473 RS
274		-	Secretary of Homeland Security, in consultation with the 1
275		-	Attorney General and the Secretary of Transportation, 2
276		-	shall prescribe regulations or guidance to implement this 3
277		-	section. 4
278		-	SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 5
279		-	PROCUREMENT AND OPERATION OF COV-6
280		-	ERED UNMANNED AIRCRAFT SYSTEMS FROM 7
281		-	COVERED FOREIGN ENTITIES. 8
	353	+	(f) R
	354	+	EGULATIONS.—Not later than 180 days after 24
	355	+	the date of the enactment of this Act, the Federal Acquisi-25
	356	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	358	+	•S 473 IS
	359	+	tion Regulatory Council shall prescribe regulations or 1
	360	+	guidance, as necessary, to implement the requirements of 2
	361	+	this section pertaining to Federal contracts. 3
	362	+	SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 4
	363	+	PURCHASE CARDS TO PURCHASE COVERED 5
	364	+	UNMANNED AIRCRAFT SYSTEMS FROM COV-6
	365	+	ERED FOREIGN ENTITIES. 7
	366	+	Effective immediately, Government-issued Purchase 8
	367	+	Cards may not be used to procure any covered unmanned 9
	368	+	aircraft system from a covered foreign entity. 10
	369	+	SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV-11
	370	+	ERED UNMANNED AIRCRAFT SYSTEMS FROM 12
	371	+	COVERED FOREIGN ENTITIES. 13
282	372		(a) I
283		-	NGENERAL.—Beginning on the date that is two 9
284		-	years after the date of the enactment of this Act, except 10
285		-	as provided in subsection (b), no Federal funds awarded 11
286		-	through a contract, grant, or cooperative agreement, or 12
287		-	otherwise made available may be used— 13
288		-	(1) to procure a covered unmanned aircraft sys-14
289		-	tem that is manufactured or assembled by a covered 15
290		-	foreign entity; or 16
291		-	(2) in connection with the operation of such a 17
292		-	drone or unmanned aircraft system. 18
	373	+	NGENERAL.—All executive agencies must ac-14
	374	+	count for existing inventories of covered unmanned air-15
	375	+	craft systems manufactured or assembled by a covered for-16
	376	+	eign entity in their personal property accounting systems, 17
	377	+	within one year of the date of enactment of this Act, re-18
	378	+	gardless of the original procurement cost, or the purpose 19
	379	+	of procurement due to the special monitoring and account-20
	380	+	ing measures necessary to track the items’ capabilities. 21
	381	+	(b) C
	382	+	LASSIFIEDTRACKING.—Due to the sensitive na-22
	383	+	ture of missions and operations conducted by the United 23
	384	+	States Government, inventory data related to covered un-24
	385	+	manned aircraft systems manufactured or assembled by 25
	386	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	388	+	•S 473 IS
	389	+	a covered foreign entity may be tracked at a classified 1
	390	+	level, as determined by the Secretary of Homeland Secu-2
	391	+	rity or the Secretary’s designee. 3
	392	+	(c) E
	393	+	XCEPTIONS.—The Department of Defense, the 4
	394	+	Department of Homeland Security, the Department of 5
	395	+	Justice, the Department of Transportation, and the Na-6
	396	+	tional Oceanic and Atmospheric Administration may ex-7
	397	+	clude from the full inventory process, covered unmanned 8
	398	+	aircraft systems that are deemed expendable due to mis-9
	399	+	sion risk such as recovery issues, or that are one-time- 10
	400	+	use covered unmanned aircraft due to requirements and 11
	401	+	low cost. 12
	402	+	SEC. 8. COMPTROLLER GENERAL REPORT. 13
	403	+	Not later than 275 days after the date of the enact-14
	404	+	ment of this Act, the Comptroller General of the United 15
	405	+	States shall submit to Congress a report on the amount 16
	406	+	of commercial off-the-shelf drones and covered unmanned 17
	407	+	aircraft systems procured by Federal departments and 18
	408	+	agencies from covered foreign entities. 19
	409	+	SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 20
	410	+	OF UNMANNED AIRCRAFT SYSTEMS. 21
	411	+	(a) I
	412	+	NGENERAL.—Not later than 180 days after the 22
	413	+	date of the enactment of this Act, the Director of the Of-23
	414	+	fice of Management and Budget, in coordination with the 24
	415	+	Department of Homeland Security, Department of Trans-25
	416	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
	417	+	pbinns on DSKJLVW7X2PROD with $$_JOB 15
	418	+	•S 473 IS
	419	+	portation, the Department of Justice, and other Depart-1
	420	+	ments as determined by the Director of the Office of Man-2
	421	+	agement and Budget, and in consultation with the Na-3
	422	+	tional Institute of Standards and Technology, shall estab-4
	423	+	lish a government-wide policy for the procurement of an 5
	424	+	unmanned aircraft system— 6
	425	+	(1) for non-Department of Defense and non-in-7
	426	+	telligence community operations; and 8
	427	+	(2) through grants and cooperative agreements 9
	428	+	entered into with non-Federal entities. 10
	429	+	(b) I
	430	+	NFORMATIONSECURITY.—The policy developed 11
	431	+	under subsection (a) shall include the following specifica-12
	432	+	tions, which to the extent practicable, shall be based on 13
	433	+	industry standards and technical guidance from the Na-14
	434	+	tional Institute of Standards and Technology, to address 15
	435	+	the risks associated with processing, storing, and trans-16
	436	+	mitting Federal information in an unmanned aircraft sys-17
	437	+	tem: 18
	438	+	(1) Protections to ensure controlled access to 19
	439	+	an unmanned aircraft system. 20
	440	+	(2) Protecting software, firmware, and hard-21
	441	+	ware by ensuring changes to an unmanned aircraft 22
	442	+	system are properly managed, including by ensuring 23
	443	+	an unmanned aircraft system can be updated using 24
	444	+	a secure, controlled, and configurable mechanism. 25
	445	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	447	+	•S 473 IS
	448	+	(3) Cryptographically securing sensitive col-1
	449	+	lected, stored, and transmitted data, including prop-2
	450	+	er handling of privacy data and other controlled un-3
	451	+	classified information. 4
	452	+	(4) Appropriate safeguards necessary to protect 5
	453	+	sensitive information, including during and after use 6
	454	+	of an unmanned aircraft system. 7
	455	+	(5) Appropriate data security to ensure that 8
	456	+	data is not transmitted to or stored in non-approved 9
	457	+	locations. 10
	458	+	(6) The ability to opt out of the uploading, 11
	459	+	downloading, or transmitting of data that is not re-12
	460	+	quired by law or regulation and an ability to choose 13
	461	+	with whom and where information is shared when it 14
	462	+	is required. 15
	463	+	(c) R
	464	+	EQUIREMENT.—The policy developed under sub-16
	465	+	section (a) shall reflect an appropriate risk-based ap-17
	466	+	proach to information security related to use of an un-18
	467	+	manned aircraft system. 19
	468	+	(d) R
	469	+	EVISION OFACQUISITIONREGULATIONS.—Not 20
	470	+	later than 180 days after the date on which the policy 21
	471	+	required under subsection (a) is issued— 22
	472	+	(1) the Federal Acquisition Regulatory Council 23
	473	+	shall revise the Federal Acquisition Regulation, as 24
	474	+	necessary, to implement the policy; and 25
	475	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	477	+	•S 473 IS
	478	+	(2) any Federal department or agency or other 1
	479	+	Federal entity not subject to, or not subject solely 2
	480	+	to, the Federal Acquisition Regulation shall revise 3
	481	+	applicable policy, guidance, or regulations, as nec-4
	482	+	essary, to implement the policy. 5
	483	+	(e) E
	484	+	XEMPTION.—In developing the policy required 6
	485	+	under subsection (a), the Director of the Office of Man-7
	486	+	agement and Budget shall— 8
	487	+	(1) incorporate policies to implement the ex-9
	488	+	emptions contained in this Act; and 10
	489	+	(2) incorporate an exemption to the policy in 11
	490	+	the case of a head of the procuring department or 12
	491	+	agency determining, in writing, that no product that 13
	492	+	complies with the information security requirements 14
	493	+	described in subsection (b) is capable of fulfilling 15
	494	+	mission critical performance requirements, and such 16
	495	+	determination— 17
	496	+	(A) may not be delegated below the level of 18
	497	+	the Deputy Secretary, or Administrator, of the 19
	498	+	procuring department or agency; 20
	499	+	(B) shall specify— 21
	500	+	(i) the quantity of end items to which 22
	501	+	the waiver applies and the procurement 23
	502	+	value of those items; and 24
	503	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	505	+	•S 473 IS
	506	+	(ii) the time period over which the 1
	507	+	waiver applies, which shall not exceed three 2
	508	+	years; 3
	509	+	(C) shall be reported to the Office of Man-4
	510	+	agement and Budget following issuance of such 5
	511	+	a determination; and 6
	512	+	(D) not later than 30 days after the date 7
	513	+	on which the determination is made, shall be 8
	514	+	provided to the Committee on Homeland Secu-9
	515	+	rity and Governmental Affairs of the Senate 10
	516	+	and the Committee on Oversight and Reform of 11
	517	+	the House of Representatives. 12
	518	+	SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCE-13
	519	+	MENT AND EMERGENCY SERVICE EXEMP-14
	520	+	TION. 15
	521	+	(a) R
	522	+	ULE OFCONSTRUCTION.—Nothing in this Act 16
	523	+	shall prevent a State, local, or territorial law enforcement 17
	524	+	or emergency service agency from procuring or operating 18
	525	+	a covered unmanned aircraft system purchased with non- 19
	526	+	Federal dollars. 20
	527	+	(b) C
	528	+	ONTINUITY OFARRANGEMENTS.—The Federal 21
	529	+	Government may continue entering into contracts, grants, 22
	530	+	and cooperative agreements or other Federal funding in-23
	531	+	struments with State, local, or territorial law enforcement 24
	532	+	or emergency service agencies under which a covered un-25
	533	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
	534	+	pbinns on DSKJLVW7X2PROD with $$_JOB 19
	535	+	•S 473 IS
	536	+	manned aircraft system will be purchased or operated if 1
	537	+	the agency has received approval or waiver to purchase 2
	538	+	or operate a covered unmanned aircraft system pursuant 3
	539	+	to section 5. 4
	540	+	SEC. 11. STUDY. 5
	541	+	(a) S
	542	+	TUDY ON THESUPPLYCHAIN FORUNMANNED 6
	543	+	A
	544	+	IRCRAFTSYSTEMS ANDCOMPONENTS.— 7
	545	+	(1) R
	546	+	EPORT REQUIRED .—Not later than one 8
	547	+	year after the date of the enactment of this Act, the 9
	548	+	Under Secretary of Defense for Acquisition and 10
	549	+	Sustainment shall provide to the appropriate con-11
	550	+	gressional committees a report on the supply chain 12
	551	+	for covered unmanned aircraft systems, including a 13
	552	+	discussion of current and projected future demand 14
	553	+	for covered unmanned aircraft systems. 15
	554	+	(2) E
	555	+	LEMENTS.—The report under paragraph 16
	556	+	(1) shall include the following: 17
	557	+	(A) A description of the current and future 18
	558	+	global and domestic market for covered un-19
	559	+	manned aircraft systems that are not widely 20
	560	+	commercially available except from a covered 21
	561	+	foreign entity. 22
	562	+	(B) A description of the sustainability, 23
	563	+	availability, cost, and quality of secure sources 24
	564	+	of covered unmanned aircraft systems domesti-25
	565	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	567	+	•S 473 IS
	568	+	cally and from sources in allied and partner 1
	569	+	countries. 2
	570	+	(C) The plan of the Secretary of Defense 3
	571	+	to address any gaps or deficiencies identified in 4
	572	+	subparagraph (B), including through the use of 5
	573	+	funds available under the Defense Production 6
	574	+	Act of 1950 (50 U.S.C. 4501 et seq.) and part-7
	575	+	nerships with the National Aeronautics and 8
	576	+	Space Administration and other interested per-9
	577	+	sons. 10
	578	+	(D) Such other information as the Under 11
	579	+	Secretary of Defense for Acquisition and 12
	580	+	Sustainment determines to be appropriate. 13
	581	+	(3) A
	582	+	PPROPRIATE CONGRESSIONAL COMMIT -14
	583	+	TEES DEFINED.—In this section the term ‘‘appro-15
	584	+	priate congressional committees’’ means: 16
	585	+	(A) The Committees on Armed Services of 17
	586	+	the Senate and the House of Representatives. 18
	587	+	(B) The Committee on Homeland Security 19
	588	+	and Governmental Affairs of the Senate and the 20
	589	+	Committee on Oversight and Reform of the 21
	590	+	House of Representatives. 22
	591	+	(C) The Committee on Commerce, Science, 23
	592	+	and Transportation of the Senate and the Com-24
	593	+	VerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473
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	595	+	•S 473 IS
	596	+	mittee on Science, Space, and Technology of 1
	597	+	the House of Representatives. 2
	598	+	(D) The Select Committee on Intelligence 3
	599	+	of the Senate and the Permanent Select Com-4
	600	+	mittee on Intelligence of the House of Rep-5
	601	+	resentatives. 6
	602	+	(E) The Committee on Transportation and 7
	603	+	Infrastructure of the House of Representatives. 8
	604	+	(F) The Committee on Homeland Security 9
	605	+	of the House of Representatives. 10
	606	+	SEC. 12. EXCEPTIONS. 11
	607	+	(a) E
	608	+	XCEPTION FORWILDFIREMANAGEMENTOPER-12
	609	+	ATIONS ANDSEARCH ANDRESCUEOPERATIONS.—The 13
	610	+	appropriate Federal agencies, in consultation with the Sec-14
	611	+	retary of Homeland Security, are exempt from the pro-15
	612	+	curement and operation restrictions under sections 3, 4, 16
	613	+	and 5 to the extent the procurement or operation is nec-17
	614	+	essary for the purpose of supporting the full range of wild-18
	615	+	fire management operations or search and rescue oper-19
	616	+	ations. 20
293	617		(b) E
294		-	XEMPTION.—The Secretary of Homeland Secu-19
295		-	rity, the Secretary of Defense, the Director of National 20
296		-	Intelligence, and the Attorney General are exempt from 21
297		-	the restriction under subsection (a) if the procurement or 22
298		-	operation is required in the national interest of the United 23
299		-	States and— 24
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302		-	•S 473 RS
303		-	(1) is for the sole purposes of research, evalua-1
304		-	tion, training, testing, or analysis for electronic war-2
305		-	fare, information warfare operations, cybersecurity, 3
306		-	or development of unmanned aircraft system or 4
307		-	counter-unmanned aircraft system technology; 5
308		-	(2) is for the sole purposes of conducting 6
309		-	counterterrorism or counterintelligence activities, 7
310		-	protective missions, or Federal criminal or national 8
311		-	security investigations, including forensic examina-9
312		-	tions, or for electronic warfare, information warfare 10
313		-	operations, cybersecurity, or development of an un-11
314		-	manned aircraft system or counter-unmanned air-12
315		-	craft system technology; or 13
316		-	(3) is an unmanned aircraft system that, as 14
317		-	procured or as modified after procurement but be-15
318		-	fore operational use, can no longer transfer to, or 16
319		-	download data from, a covered foreign entity and 17
320		-	otherwise poses no national security cybersecurity 18
321		-	risks as determined by the exempting official. 19
322		-	(c) D
323		-	EPARTMENT OF TRANSPORTATION AND FED-20
324		-	ERALAVIATIONADMINISTRATION EXEMPTION.—The 21
325		-	Secretary of Transportation is exempt from the restriction 22
326		-	under subsection (a) if the operation or procurement is 23
327		-	deemed to support the safe, secure, or efficient operation 24
328		-	of the National Airspace System or maintenance of public 25
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331		-	•S 473 RS
332		-	safety, including activities carried out under the Federal 1
333		-	Aviation Administration’s Alliance for System Safety of 2
334		-	UAS through Research Excellence (ASSURE) Center of 3
335		-	Excellence (COE) and any other activity deemed to sup-4
336		-	port the safe, secure, or efficient operation of the National 5
337		-	Airspace System or maintenance of public safety, as deter-6
338		-	mined by the Secretary or the Secretary’s designee. 7
339		-	(d) N
340		-	ATIONALOCEANIC ANDATMOSPHERICADMIN-8
341		-	ISTRATIONEXEMPTION.—The Administrator of the Na-9
342		-	tional Oceanic and Atmospheric Administration (NOAA), 10
343		-	in consultation with the Secretary of Homeland Security, 11
344		-	is exempt from the restriction under subsection (a) if the 12
345		-	operation or procurement is necessary for the purpose of 13
346		-	meeting NOAA’s science or management objectives or 14
347		-	operational mission. 15
348		-	(e) W
349		-	AIVER.—The head of an executive agency may 16
350		-	waive the prohibition under subsection (a) on a case-by- 17
351		-	case basis— 18
352		-	(1) with the approval of the Director of the Of-19
353		-	fice of Management and Budget, after consultation 20
354		-	with the Federal Acquisition Security Council; and 21
355		-	(2) upon notification to— 22
356		-	(A) the Committee on Homeland Security 23
357		-	and Governmental Affairs of the Senate; 24
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361		-	(B) the Committee on Oversight and Re-1
362		-	form in the House of Representatives; and 2
363		-	(C) other appropriate congressional com-3
364		-	mittees of jurisdiction. 4
365		-	(f) R
366		-	EGULATIONS.—Not later than 180 days after 5
367		-	the date of the enactment of this Act, the Federal Acquisi-6
368		-	tion Regulatory Council shall prescribe regulations or 7
369		-	guidance, as necessary, to implement the requirements of 8
370		-	this section pertaining to Federal contracts. 9
371		-	SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 10
372		-	PURCHASE CARDS TO PURCHASE COVERED 11
373		-	UNMANNED AIRCRAFT SYSTEMS FROM COV-12
374		-	ERED FOREIGN ENTITIES. 13
375		-	Effective immediately, Government-issued Purchase 14
376		-	Cards may not be used to procure any covered unmanned 15
377		-	aircraft system from a covered foreign entity. 16
378		-	SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV-17
379		-	ERED UNMANNED AIRCRAFT SYSTEMS FROM 18
380		-	COVERED FOREIGN ENTITIES. 19
381		-	(a) I
382		-	NGENERAL.—All executive agencies must ac-20
383		-	count for existing inventories of covered unmanned air-21
384		-	craft systems manufactured or assembled by a covered for-22
385		-	eign entity in their personal property accounting systems, 23
386		-	within one year of the date of enactment of this Act, re-24
387		-	gardless of the original procurement cost, or the purpose 25
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390		-	•S 473 RS
391		-	of procurement due to the special monitoring and account-1
392		-	ing measures necessary to track the items’ capabilities. 2
393		-	(b) C
394		-	LASSIFIEDTRACKING.—Due to the sensitive na-3
395		-	ture of missions and operations conducted by the United 4
396		-	States Government, inventory data related to covered un-5
397		-	manned aircraft systems manufactured or assembled by 6
398		-	a covered foreign entity may be tracked at a classified 7
399		-	level, as determined by the Secretary of Homeland Secu-8
400		-	rity or the Secretary’s designee. 9
	618	+	XCEPTION FOR INTELLIGENCEACTIVITIES.— 21
	619	+	The elements of the intelligence community, in consulta-22
	620	+	tion with the Director of National Intelligence, are exempt 23
	621	+	from the procurement and operation restrictions under 24
	622	+	sections 3, 4, and 5 to the extent the procurement or oper-25
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	625	+	•S 473 IS
	626	+	ation is necessary for the purpose of supporting intel-1
	627	+	ligence activities. 2
401	628		(c) E
402		-	XCEPTIONS.—The Department of Defense, the 10
403		-	Department of Homeland Security, the Department of 11
404		-	Justice, the Department of Transportation, and the Na-12
405		-	tional Oceanic and Atmospheric Administration may ex-13
406		-	clude from the full inventory process, covered unmanned 14
407		-	aircraft systems that are deemed expendable due to mis-15
408		-	sion risk such as recovery issues, or that are one-time- 16
409		-	use covered unmanned aircraft due to requirements and 17
410		-	low cost. 18
411		-	SEC. 8. COMPTROLLER GENERAL REPORT. 19
412		-	Not later than 275 days after the date of the enact-20
413		-	ment of this Act, the Comptroller General of the United 21
414		-	States shall submit to Congress a report on the amount 22
415		-	of commercial off-the-shelf drones and covered unmanned 23
416		-	aircraft systems procured by Federal departments and 24
417		-	agencies from covered foreign entities. 25
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421		-	SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 1
422		-	OF UNMANNED AIRCRAFT SYSTEMS. 2
423		-	(a) I
424		-	NGENERAL.—Not later than 180 days after the 3
425		-	date of the enactment of this Act, the Director of the Of-4
426		-	fice of Management and Budget, in coordination with the 5
427		-	Department of Homeland Security, Department of Trans-6
428		-	portation, the Department of Justice, and other Depart-7
429		-	ments as determined by the Director of the Office of Man-8
430		-	agement and Budget, and in consultation with the Na-9
431		-	tional Institute of Standards and Technology, shall estab-10
432		-	lish a government-wide policy for the procurement of an 11
433		-	unmanned aircraft system— 12
434		-	(1) for non-Department of Defense and non-in-13
435		-	telligence community operations; and 14
436		-	(2) through grants and cooperative agreements 15
437		-	entered into with non-Federal entities. 16
438		-	(b) I
439		-	NFORMATIONSECURITY.—The policy developed 17
440		-	under subsection (a) shall include the following specifica-18
441		-	tions, which to the extent practicable, shall be based on 19
442		-	industry standards and technical guidance from the Na-20
443		-	tional Institute of Standards and Technology, to address 21
444		-	the risks associated with processing, storing, and trans-22
445		-	mitting Federal information in an unmanned aircraft sys-23
446		-	tem: 24
447		-	(1) Protections to ensure controlled access to 25
448		-	an unmanned aircraft system. 26
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452		-	(2) Protecting software, firmware, and hard-1
453		-	ware by ensuring changes to an unmanned aircraft 2
454		-	system are properly managed, including by ensuring 3
455		-	an unmanned aircraft system can be updated using 4
456		-	a secure, controlled, and configurable mechanism. 5
457		-	(3) Cryptographically securing sensitive col-6
458		-	lected, stored, and transmitted data, including prop-7
459		-	er handling of privacy data and other controlled un-8
460		-	classified information. 9
461		-	(4) Appropriate safeguards necessary to protect 10
462		-	sensitive information, including during and after use 11
463		-	of an unmanned aircraft system. 12
464		-	(5) Appropriate data security to ensure that 13
465		-	data is not transmitted to or stored in non-approved 14
466		-	locations. 15
467		-	(6) The ability to opt out of the uploading, 16
468		-	downloading, or transmitting of data that is not re-17
469		-	quired by law or regulation and an ability to choose 18
470		-	with whom and where information is shared when it 19
471		-	is required. 20
472		-	(c) R
473		-	EQUIREMENT.—The policy developed under sub-21
474		-	section (a) shall reflect an appropriate risk-based ap-22
475		-	proach to information security related to use of an un-23
476		-	manned aircraft system. 24
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480		-	(d) REVISION OFACQUISITIONREGULATIONS.—Not 1
481		-	later than 180 days after the date on which the policy 2
482		-	required under subsection (a) is issued— 3
483		-	(1) the Federal Acquisition Regulatory Council 4
484		-	shall revise the Federal Acquisition Regulation, as 5
485		-	necessary, to implement the policy; and 6
486		-	(2) any Federal department or agency or other 7
487		-	Federal entity not subject to, or not subject solely 8
488		-	to, the Federal Acquisition Regulation shall revise 9
489		-	applicable policy, guidance, or regulations, as nec-10
490		-	essary, to implement the policy. 11
491		-	(e) E
492		-	XEMPTION.—In developing the policy required 12
493		-	under subsection (a), the Director of the Office of Man-13
494		-	agement and Budget shall— 14
495		-	(1) incorporate policies to implement the ex-15
496		-	emptions contained in this Act; and 16
497		-	(2) incorporate an exemption to the policy in 17
498		-	the case of a head of the procuring department or 18
499		-	agency determining, in writing, that no product that 19
500		-	complies with the information security requirements 20
501		-	described in subsection (b) is capable of fulfilling 21
502		-	mission critical performance requirements, and such 22
503		-	determination— 23
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507		-	(A) may not be delegated below the level of 1
508		-	the Deputy Secretary, or Administrator, of the 2
509		-	procuring department or agency; 3
510		-	(B) shall specify— 4
511		-	(i) the quantity of end items to which 5
512		-	the waiver applies and the procurement 6
513		-	value of those items; and 7
514		-	(ii) the time period over which the 8
515		-	waiver applies, which shall not exceed three 9
516		-	years; 10
517		-	(C) shall be reported to the Office of Man-11
518		-	agement and Budget following issuance of such 12
519		-	a determination; and 13
520		-	(D) not later than 30 days after the date 14
521		-	on which the determination is made, shall be 15
522		-	provided to the Committee on Homeland Secu-16
523		-	rity and Governmental Affairs of the Senate 17
524		-	and the Committee on Oversight and Reform of 18
525		-	the House of Representatives. 19
526		-	SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCE-20
527		-	MENT AND EMERGENCY SERVICE EXEMP-21
528		-	TION. 22
529		-	(a) R
530		-	ULE OFCONSTRUCTION.—Nothing in this Act 23
531		-	shall prevent a State, local, or territorial law enforcement 24
532		-	or emergency service agency from procuring or operating 25
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535		-	•S 473 RS
536		-	a covered unmanned aircraft system purchased with non- 1
537		-	Federal dollars. 2
538		-	(b) C
539		-	ONTINUITY OFARRANGEMENTS.—The Federal 3
540		-	Government may continue entering into contracts, grants, 4
541		-	and cooperative agreements or other Federal funding in-5
542		-	struments with State, local, or territorial law enforcement 6
543		-	or emergency service agencies under which a covered un-7
544		-	manned aircraft system will be purchased or operated if 8
545		-	the agency has received approval or waiver to purchase 9
546		-	or operate a covered unmanned aircraft system pursuant 10
547		-	to section 5. 11
548		-	SEC. 11. STUDY. 12
549		-	(a) S
550		-	TUDY ON THESUPPLYCHAIN FORUNMANNED 13
551		-	A
552		-	IRCRAFTSYSTEMS ANDCOMPONENTS.— 14
553		-	(1) R
554		-	EPORT REQUIRED .—Not later than one 15
555		-	year after the date of the enactment of this Act, the 16
556		-	Under Secretary of Defense for Acquisition and 17
557		-	Sustainment shall provide to the appropriate con-18
558		-	gressional committees a report on the supply chain 19
559		-	for covered unmanned aircraft systems, including a 20
560		-	discussion of current and projected future demand 21
561		-	for covered unmanned aircraft systems. 22
562		-	(2) E
563		-	LEMENTS.—The report under paragraph 23
564		-	(1) shall include the following: 24
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568		-	(A) A description of the current and future 1
569		-	global and domestic market for covered un-2
570		-	manned aircraft systems that are not widely 3
571		-	commercially available except from a covered 4
572		-	foreign entity. 5
573		-	(B) A description of the sustainability, 6
574		-	availability, cost, and quality of secure sources 7
575		-	of covered unmanned aircraft systems domesti-8
576		-	cally and from sources in allied and partner 9
577		-	countries. 10
578		-	(C) The plan of the Secretary of Defense 11
579		-	to address any gaps or deficiencies identified in 12
580		-	subparagraph (B), including through the use of 13
581		-	funds available under the Defense Production 14
582		-	Act of 1950 (50 U.S.C. 4501 et seq.) and part-15
583		-	nerships with the National Aeronautics and 16
584		-	Space Administration and other interested per-17
585		-	sons. 18
586		-	(D) Such other information as the Under 19
587		-	Secretary of Defense for Acquisition and 20
588		-	Sustainment determines to be appropriate. 21
589		-	(3) A
590		-	PPROPRIATE CONGRESSIONAL COMMIT -22
591		-	TEES DEFINED.—In this section the term ‘‘appro-23
592		-	priate congressional committees’’ means: 24
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595		-	•S 473 RS
596		-	(A) The Committees on Armed Services of 1
597		-	the Senate and the House of Representatives. 2
598		-	(B) The Committee on Homeland Security 3
599		-	and Governmental Affairs of the Senate and the 4
600		-	Committee on Oversight and Reform of the 5
601		-	House of Representatives. 6
602		-	(C) The Committee on Commerce, Science, 7
603		-	and Transportation of the Senate and the Com-8
604		-	mittee on Science, Space, and Technology of 9
605		-	the House of Representatives. 10
606		-	(D) The Select Committee on Intelligence 11
607		-	of the Senate and the Permanent Select Com-12
608		-	mittee on Intelligence of the House of Rep-13
609		-	resentatives. 14
610		-	(E) The Committee on Transportation and 15
611		-	Infrastructure of the House of Representatives. 16
612		-	(F) The Committee on Homeland Security 17
613		-	of the House of Representatives. 18
614		-	SEC. 12. EXCEPTIONS. 19
615		-	(a) E
616		-	XCEPTION FORWILDFIREMANAGEMENTOPER-20
617		-	ATIONS ANDSEARCH ANDRESCUEOPERATIONS.—The 21
618		-	appropriate Federal agencies, in consultation with the Sec-22
619		-	retary of Homeland Security, are exempt from the pro-23
620		-	curement and operation restrictions under sections 3, 4, 24
621		-	and 5 to the extent the procurement or operation is nec-25
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624		-	•S 473 RS
625		-	essary for the purpose of supporting the full range of wild-1
626		-	fire management operations or search and rescue oper-2
627		-	ations. 3
628		-	(b) E
629		-	XCEPTION FOR INTELLIGENCEACTIVITIES.— 4
630		-	The elements of the intelligence community, in consulta-5
631		-	tion with the Director of National Intelligence, are exempt 6
632		-	from the procurement and operation restrictions under 7
	629	+	XCEPTION FORTRIBALLAWENFORCEMENT OR 3
	630	+	E
	631	+	MERGENCYSERVICEAGENCY.—Tribal law enforcement 4
	632	+	or Tribal emergency service agencies, in consultation with 5
	633	+	the Secretary of Homeland Security, are exempt from the 6
	634	+	procurement, operation, and purchase restrictions under 7
633	635		sections 3, 4, and 5 to the extent the procurement or oper-8
634		-	ation is necessary for the purpose of supporting intel-9
635		-	ligence activities. 10
636		-	(c) E
637		-	XCEPTION FORTRIBALLAWENFORCEMENT OR 11
638		-	E
639		-	MERGENCYSERVICEAGENCY.—Tribal law enforcement 12
640		-	or Tribal emergency service agencies, in consultation with 13
641		-	the Secretary of Homeland Security, are exempt from the 14
642		-	procurement, operation, and purchase restrictions under 15
643		-	sections 3, 4, and 5 to the extent the procurement or oper-16
644		-	ation is necessary for the purpose of supporting the full 17
645		-	range of law enforcement operations or search and rescue 18
646		-	operations on Indian lands. 19
647		-	SEC. 13. SUNSET. 20
648		-	Sections 3, 4, and 5 shall cease to have effect on the 21
649		-	date that is five years after the date of the enactment of 22
650		-	this Act. 23
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654		-	190
655		-	118
656		-	TH
657		-	CONGRESS
658		-	1
659		-	ST
660		-	S
661		-	ESSION
662		-
663		-	S. 473
664		-	[Report No. 118–87]
665		-	A BILL
666		-	To provide for drone security.
667		-	A
668		-	UGUST
669		-	22, 2023
670		-	Reported under authority of the order of the Senate of
671		-	July 27, 2023, without amendment
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	636	+	ation is necessary for the purpose of supporting the full 9
	637	+	range of law enforcement operations or search and rescue 10
	638	+	operations on Indian lands. 11
	639	+	SEC. 13. SUNSET. 12
	640	+	Sections 3, 4, and 5 shall cease to have effect on the 13
	641	+	date that is five years after the date of the enactment of 14
	642	+	this Act. 15
	643	+	Æ
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