,,ii ,calendar ,no4 #edg #aafth         
,,congress  #b;d ,session  ,s4 #bejb    
,report ,no4 #aaf-bfh ,,in ,,the        
,,senate ,,of ,,the ,,united ,,states   
,september #ah1 #bjai,mr4 ,scott of     
,florida 7for himself1 ,mr4 ,cotton1    
,mr4 ,hawley1 ,mr4 ,rubio1 ,mr4 ,murphy1
 ,mr4 ,blumenthal1 and ,mrs4 ,blackburn7
 introduced the following bill2 which   
was read twice and referred to the      
,committee on ,homeland ,security and   
,governmental ,affairs  ,september #ae1 
#bjbj,reported by ,mr4 ,johnson1 with an
 amendment,strike out all after the     
enacting clause and insert the part     
printed in italic  ,a ,,bill  ,to ban   
the ,federal procurement of certain     
drones and other unmanned aircraft      
systems1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,american ,security ,drone ,act of  
#bjai4  #b4 ,definitions ,in this ,act3 
7#a7 ,covered foreign entity the term   
covered foreign entity means-- 7,a7 a   
covered entity 7as determined by the    

,secretary of ,commerce72  7,b7 any     
entity that is subject to extrajudicial 
direction from a foreign government1 as 
determined by the ,director of ,national
 ,intelligence2  7,c7 any entity the    
,secretary of ,homeland ,security1 in   
coordination with the ,director of      
,national ,intelligence1 the ,secretary 
of ,defense1 and the ,secretary of      
,state1 determines poses a national     
security risk2  7,d7 any entity subject 
to influence or control by the          
,government of the ,people ,republic of 
,china or the ,communist ,party of the  
,people's ,republic of ,china1 as       
determined by the ,secretary of         
,homeland ,security2 and  7,e7 any      
subsidiary or affiliate of an entity    
described in subparagraphs 7,a7 through 
7,d74  7#b7 ,covered unmanned aircraft  
,the term covered unmanned aircraft     
means an unmanned aircraft system and   
any related services and equipment4  #c4
 ,ban on procurement of foreign         
off-the-shelf drones and unmanned       

aircraft systems  7a7 ,in general       
,except as provided under subsections   
7b7 and 7c71 the head of an executive   
agency may not procure any commercial   
off-the-shelf drone or covered unmanned 
aircraft system manufactured or         
assembled by a covered foreign entity1  
including any ,original ,equipment      
,manufacturer flight controllers1       
radios1 data transmission devices1      
cameras1 or gimbals manufactured in a   
covered foreign country or by an entity 
domiciled in a covered foreign country4 
7b7 ,exemption ,the ,secretary of       
,homeland ,security and the ,secretary  
of ,defense are exempt from the         
restriction under subsection 7a7 if the 
operation or procurement-- 7#a7 is for  
the purposes of training1 testing1 or   
analysis for-- 7,a7 ,counter-,,uas      
surrogate intelligence2  7,b7 electronic
 warfare2 or  7,c7 information warfare  
operations2 and  7#b7 is required in the
 national interest of the ,united       
,states4  7c7 ,waiver ,the head of an   

executive agency may waive the          
prohibition under subsection 7a7 on a   
case-by-case basis with the approval of 
the ,secretary of ,homeland ,security or
 the ,secretary of ,defense and         
notification to ,congress4  #d4         
,prohibition on operation of foreign    
commercial off-the-shelf drones and     
small unmanned aircraft systems  7a7    
,prohibition  7#a7 ,in general          
,beginning not later than #ahj days     
after the date of the enactment of this 
,act1 no ,federal department or agency  
may operate a commercial off-the-shelf  
drone or covered unmanned aircraft      
system manufactured or assembled by a   
covered foreign entity4  7#b7 ,phase-in 
period for existing contracts ,the      
prohibition under paragraph 7#a7 shall  
not apply1 during the #a-year period    
beginning on the date of the enactment  
of this ,act1 to commercial             
off-the-shelf drones and covered        
unmanned aircraft systems procured      
through a contract entered into before  

the date of the enactment of this ,act4 
7b7 ,exemption ,the ,secretary of       
,homeland ,security and the ,secretary  
of ,defense are exempt from the         
restriction under subsection 7a7 if the 
operation or procurement-- 7#a7 is for  
the purposes of training1 testing1 or   
analysis for-- 7,a7 ,counter-,,uas      
surrogate intelligence2  7,b7 electronic
 warfare2 or  7,c7 information warfare  
operations2 and  7#b7 is required in the
 national interest of the ,united       
,states4  7c7 ,waiver ,the head of an   
executive agency may waive the          
prohibition under subsection 7a7 on a   
case-by-case basis with the approval of 
the ,secretary of ,homeland ,security or
 the ,secretary of ,defense and         
notification to ,congress4  7d7         
,regulations ,not later than #ahj days  
after the date of the enactment of this 
,act1 the ,secretary of ,homeland       
,security shall prescribe regulations to
 implement this section4  #e4           
,prohibition on use of ,federal funds   

for purchases and operation of          
commercial off-the-shelf drones and     
unmanned aircraft systems from ,china   
,no ,federal funds awarded through a    
contract1 grant1 or cooperative         
agreement or otherwise made available   
may be used to purchase a commercial    
off-the-shelf drone or covered unmanned 
aircraft system1 or a system to counter 
unmanned aircraft systems1 that is      
manufactured or assembled by a covered  
foreign entity or in connection with the
 operation of such a drone or system4   
#f4 ,comptroller ,general report ,not   
later than #ij days after the date of   
the enactment of this ,act1 the         
,comptroller ,general of the ,united    
,states shall submit to ,congress a     
report on the amount of commercial      
off-the-shelf drones and covered        
unmanned aircraft systems procured by   
,federal departments and agencies from  
covered foreign entities4  #a4 ,short   
title ,this ,act may be cited as the    
,american ,security ,drone ,act of      

#bjbj4  #b4 ,definitions ,in this ,act3 
7#a7 ,covered foreign entity ,the term  
covered foreign entity means-- 7,a7 a   
covered entity designated by the        
,secretary of ,commerce2  7,b7 an entity
 included on the ,consolidated          
,screening ,list2  7,c7 any entity that 
is subject to extrajudicial direction   
from a foreign government1 as determined
 by the ,secretary of ,homeland         
,security2  7,d7 any entity the         
,secretary of ,homeland ,security1 in   
coordination with the ,director of      
,national ,intelligence and the         
,secretary of ,defense1 determines poses
 a national security risk2  7,e7 any    
entity domiciled in the ,people's       
,republic of ,china or subject to       
influence or control by the ,government 
of the ,people ,republic of ,china or   
the ,communist ,party of the ,people's  
,republic of ,china1 as determined by   
the ,secretary of ,homeland ,security2  
or  7,f7 any subsidiary or affiliate of 
an entity described in subparagraphs    

7,a7 through 7,d74  7#b7 ,covered       
unmanned aircraft system ,the term      
covered unmanned aircraft system has the
 meaning given the term unmanned        
aircraft system in section #ddhja of    
title #di1 ,united ,states ,code4  #c4  
,prohibition on procurement of covered  
unmanned aircraft systems from covered  
foreign entities  7a7 ,in general       
,except as provided under subsections   
7b7 and 7c71 the head of an executive   
agency may not procure any covered      
unmanned aircraft system that are       
manufactured or assembled by a covered  
foreign entity1 which includes          
associated elements 7consisting of      
communication links and the components  
that control the unmanned aircraft7 that
 are required for the operator to       
operate safely and efficiently in the   
national airspace system4  7b7          
,exemption ,the ,secretary of ,homeland 
,security1 the ,secretary of ,defense1  
and the ,attorney ,general are exempt   
from the restriction under subsection   

7a7 if the operation or procurement--   
7#a7 is for the sole purposes of        
research1 evaluation1 training1 testing1
 or analysis for-- 7,a7 electronic      
warfare2  7,b7 information warfare      
operations2  7,c7 development of ,,uas  
or counter-,,uas technology2  7,d7      
counterterrorism or counterintelligence 
activities2 or  7,e7 ,federal criminal  
investigations1 including forensic      
examinations2 and  7#b7 is required in  
the national interest of the ,united    
,states4  7c7 ,waiver ,the head of an   
executive agency may waive the          
prohibition under subsection 7a7 on a   
case-by-case basis with the approval of 
the ,secretary of ,homeland ,security or
 the ,secretary of ,defense and         
notification to ,congress4  #d4         
,prohibition on operation of covered    
unmanned aircraft systems from covered  
foreign entities  7a7 ,prohibition  7#a7
 ,in general ,beginning on the date that
 is #b years after the date of the      
enactment of this ,act1 no ,federal     

department or agency may operate a      
covered unmanned aircraft system        
manufactured or assembled by a covered  
foreign entity4  7#b7 ,applicability to 
contracted services ,the prohibition    
under paragraph 7#a7 applies to any     
covered unmanned aircraft systems that  
are being used by any executive agency  
through the method of contracting for   
the services of covered unmanned        
aircraft systems4  7b7 ,exemption ,the  
,secretary of ,homeland ,security1 the  
,secretary of ,defense1 and the         
,attorney ,general are exempt from the  
restriction under subsection 7a7 if the 
operation or procurement-- 7#a7 is for  
the sole purposes of research1          
evaluation1 training1 testing1 or       
analysis for-- 7,a7 electronic warfare2 
7,b7 information warfare operations2    
7,c7 development of ,,uas or            
counter-,,uas technology2  7,d7         
counterterrorism or counterintelligence 
activities2 or  7,e7 ,federal criminal  
investigations1 including forensic      

examinations2 and  7#b7 is required in  
the national interest of the ,united    
,states4  7c7 ,waiver ,the head of an   
executive agency may waive the          
prohibition under subsection 7a7 on a   
case-by-case basis with the approval of 
the ,secretary of ,homeland ,security or
 the ,secretary of ,defense and         
notification to ,congress4  7d7         
,regulations and guidance ,not later    
than #ahj days after the date of the    
enactment of this ,act1 the ,secretary  
of ,homeland ,security shall prescribe  
regulations or guidance to implement    
this section4  #e4 ,prohibition on use  
of ,federal funds for purchases and     
operation of covered unmanned aircraft  
systems from covered foreign entities   
7a7 ,in general ,beginning on the date  
that is #b years after the date of the  
enactment of this ,act1 except as       
provided in subsection 7b71 no ,federal 
funds awarded through a contract1 grant1
 or cooperative agreement1 or otherwise 
made available may be used-- 7#a7 to    

purchase a covered unmanned aircraft    
system1 or a system to counter unmanned 
aircraft systems1 that is manufactured  
or assembled by a covered foreign       
entity2 or  7#b7 in connection with the 
operation of such a drone or unmanned   
aircraft system4  7b7 ,exemption ,a     
,federal department or agency is exempt 
from the restriction under subsection   
7a7 if-- 7#a7 the contract1 grant or    
cooperative agreement was awarded prior 
to the date of the enactment of the     
bill2 or  7#b7 the operation or         
procurement is for the sole purposes of 
research1 evaluation1 training1 testing1
 or analysis1 as determined by the      
,secretary of ,homeland ,security1 the  
,secretary of ,defense1 or the ,attorney
 ,general1 for-- 7,a7 electronic        
warfare2  7,b7 information warfare      
operations2  7,c7 development of ,,uas  
or counter-,,uas technology2  7,d7      
counterterrorism or counterintelligence 
activities2 or  7,e7 ,federal criminal  
investigations1 including forensic      

examinations2 and  7#c7 is required in  
the national interest of the ,united    
,states4  7c7 ,regulations ,not later   
than #ahj days after the date of the    
enactment of this ,act1 the ,federal    
,acquisition ,regulatory ,council shall 
prescribe regulations or guidance1 as   
necessary1 to implement the requirements
 of this section pertaining to ,federal 
contracts4  #f4 ,prohibition on use of  
,government-issued ,purchase ,cards to  
purchase covered unmanned aircraft      
systems from covered foreign entities   
,effective immediately1                 
,government-issued ,purchase ,cards may 
not be used to procure any covered      
unmanned aircraft system from a covered 
foreign entity4  #g4 ,management of     
existing inventories of covered unmanned
 aircraft systems from covered foreign  
entities  7a7 ,in general ,effective    
immediately1 all executive agencies must
 account for existing inventories of    
covered unmanned aircraft systems       
manufactured or assembled by a covered  

foreign entity in their personal        
property accounting systems1 regardless 
of the original procurement cost1 or the
 purpose of procurement due to the      
special monitoring and accounting       
measures necessary to track the items'  
capabilities4  7b7 ,classified tracking 
,due to the sensitive nature of missions
 and operations conducted by the ,united
 ,states ,government1 inventory data    
related to covered unmanned aircraft    
systems manufactured or assembled by a  
covered foreign entity may be tracked at
 a classified level4  7c7 ,exceptions   
,the ,department of ,defense and        
,department of ,homeland ,security may  
exclude from the full inventory process1
 covered unmanned aircraft systems that 
are deemed expendable due to mission    
risk such as recovery issues or that are
 one-time-use covered unmanned aircraft 
due to requirements and low cost4  #h4  
,comptroller ,general report ,not later 
than #bge days after the date of the    
enactment of this ,act1 the ,comptroller

 ,general of the ,united ,states shall  
submit to ,congress a report on the     
amount of commercial off-the-shelf      
drones and covered unmanned aircraft    
systems procured by ,federal departments
 and agencies from covered foreign      
entities4  #i4 ,government-wide policy  
for procurement of unmanned aircraft    
systems  7a7 ,in general ,not later than
 #ahj days after the date of the        
enactment of this ,act1 the ,director of
 the ,office of ,management and ,budget1
 in coordination with the ,department of
 ,homeland ,security1 ,department of    
,transportation1 the ,department of     
,justice1 and other ,departments as     
determined by the ,director of the      
,office of ,management and ,budget1 and 
in consultation with the ,national      
,institute of ,standards and            
,technology1 shall establish a          
government-wide policy for the          
procurement of ,,uas-- 7#a7 for         
non-,department of ,defense and         
non-intelligence community operations2  

and  7#b7 through grants and cooperative
 agreements entered into with           
non-,federal entities4  7b7 ,information
 security ,the policy developed under   
subsection 7a7 shall include the        
following specifications1 which to the  
extent practicable1 shall be based on   
industry standards and technical        
guidance from the ,national ,institute  
of ,standards and ,technology1 to       
address the risks associated with       
processing1 storing and transmitting    
,federal information in a ,,uas3 7#a7   
,protections to ensure controlled access
 of ,,uas4  7#b7 ,protecting software1  
firmware1 and hardware by ensuring      
changes to ,,uas are properly managed1  
including by ensuring ,,uas can be      
updated using a secure1 controlled1 and 
configurable mechanism4  7#c7           
,cryptographically securing sensitive   
collected1 stored1 and transmitted data1
 including proper handling of privacy   
data and other controlled unclassified  
information4  7#d7 ,appropriate         

safeguards necessary to protect         
sensitive information1 including during 
and after use of ,,uas4  7#e7           
,appropriate data security to ensure    
that data is not transmitted to or      
stored in non-approved locations4  7#f7 
,the ability to opt out of the          
uploading1 downloading1 or transmitting 
of data that is not required by law or  
regulation and an ability to choose with
 whom and where information is shared   
when it is required4  7c7 ,requirement  
,the policy developed under subsection  
7a7 shall reflect an appropriate        
risk-based approach to information      
security related to use of ,,uas4  7d7  
,revision of acquisition regulations    
,not later than #ahj days after the date
 on which the policy required under     
subsection 7a7 is issued-- 7#a7 the     
,federal ,acquisition ,regulatory       
,council shall revise the ,federal      
,acquisition ,regulation1 as necessary1 
to implement the policy2 and  7#b7 any  
,federal department or agency or other  

,federal entity not subject to1 or not  
subject solely to1 the ,federal         
,acquisition ,regulation shall revise   
applicable policy1 guidance1 or         
regulations1 as necessary1 to implement 
the policy4  7e7 ,exemption ,in         
developing the policy required under    
subsection 7a71 the ,director of the    
,office of ,management and ,budget shall
 incorporate an exemption to the policy 
for the following reasons3 7#a7 ,in the 
case of procurement for the purposes of 
training1 testing or analysis for-- 7,a7
 electronic warfare2 or  7,b7           
information warfare operations4  7#b7   
,in the case of researching ,,uas       
technology1 including testing1          
evaluation1 research1 or development of 
technology to counter ,,uas4  7#c7 ,in  
the case of a head of the procuring     
department or agency determining1 in    
writing1 that no product that complies  
with the information security           
requirements described in subsection 7b7
 is capable of fulfilling mission       

critical performance requirements1 and  
such determination-- 7,a7 may not be    
delegated below the level of the ,deputy
 ,secretary of the procuring department 
or agency2  7,b7 shall specify-- 7i7 the
 quantity of end items to which the     
waiver applies1 the procurement value of
 which may not exceed #ej1jjj per       
waiver2 and  7ii7 the time period over  
which the waiver applies1 which shall   
not exceed #c years2  7,c7 shall be     
reported to the ,office of ,management  
and ,budget following issuance of such a
 determination2 and  7,d7 not later than
 #cj days after the date on which the   
determination is made1 shall be provided
 to the ,committee on ,homeland         
,security and ,government ,affairs of   
the ,senate and the ,committee on       
,oversight and ,reform of the ,house of 
,representatives4  #aj4 ,study  7a7     
,independent study ,not later than #c   
years after the date of the enactment of
 this ,act1 the ,director of the ,office
 of ,management and ,budget shall seek  

to enter into a contract with a         
federally funded research and           
development center under which the      
center will conduct a study of-- 7#a7   
the current and future unmanned aircraft
 system global and domestic market2     
7#b7 the ability of the unmanned        
aircraft system domestic market to keep 
pace with technological advancements    
across the industry2  7#c7 the ability  
of domestically made unmanned aircraft  
systems to meet the network security and
 data protection requirements of the    
national security enterprise2  7#d7 the 
extent to which unmanned aircraft system
 component parts1 such as the parts     
described in section #c7;a71 are made   
domestically2 and  7#e7 an assessment of
 the economic impact1 including cost1 of
 excluding the use of foreign-made ,,uas
 for use across the ,federal            
,government4  7b7 ,submission to ,,omb  
,upon completion of the study in        
subsection 7a71 the federally funded    
research and development center shall   

submit the study to the ,director of the
 ,office of ,management and ,budget4    
7c7 ,submission to ,congress ,not later 
than #cj days after the date on which   
the ,director of the ,office of         
,management and ,budget receives the    
study under subsection 7b71 the         
,director shall submit the study to--   
7#a7 the ,committee on ,homeland        
,security and ,governmental ,affairs of 
the ,senate2 and  7#b7 the ,committee on
 ,homeland ,security and the ,committee 
on ,oversight and ,government ,reform of
 the ,house of ,representatives4  #aa4  
,sunset ,sections #c1 #d1 and #e shall  
cease to have effect on the date that is
 #e years after the date of the         
enactment of this ,act4  ,september #ae1
 #bjbj,reported with an amendment