,,ii #aagth ,,congress #ast ,session ,s4 #gc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bg1 #bjba,mr4 ,scott of ,florida 7for himself1 ,mr4 ,rubio1 ,mr4 ,cotton1 ,mrs4 ,blackburn1 ,mr4 ,blumenthal1 ,mr4 ,murphy1 and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 #bjba4 #b4 ,definitions ,in this ,act3 7#a7 ,covered foreign entity ,the term covered foreign entity means an entity included on a list developed and maintained by the ,federal ,acquisition ,security ,council4 ,this list will include entities in the following categories3 7,a7 ,an entity included on the ,consolidated ,screening ,list4 7,b7 ,any entity that is subject to extrajudicial direction from a foreign government1 as determined by the ,secretary of ,homeland ,security4 7,c7 ,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 risk4 7,d7 ,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 ,security4 7,e7 ,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 though 7f71 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 ,the ,federal ,acquisition ,security ,council1 in coordination with the ,secretary of ,transportation1 shall develop and update a list of associated elements4 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 or national security investigations1 including forensic examinations2 and 7#b7 is required in the national interest of the ,united ,states4 7c7 ,federal ,aviation ,administration ,center of ,excellence for ,unmanned ,aircraft ,systems exemption ,the ,secretary of ,transportation1 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation or procurement is for the sole purposes of research1 evaluation1 training1 testing1 or analysis for the ,federal ,aviation ,administration's ,alliance for ,system ,safety of ,,uas through ,research ,excellence 7,,assure7 ,center of ,excellence 7,,coe7 for ,unmanned ,aircraft ,systems4 7d7 ,national ,transportation ,safety ,board exemption ,the ,national ,transportation ,safety ,board 7,,ntsb71 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation or procurement is necessary for the sole purpose of conducting safety investigations4 7e7 ,national ,oceanic ,atmospheric ,administration exemption ,the ,administrator of the ,national ,oceanic ,atmospheric ,administration 7,,noaa71 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation or procurement is necessary for the sole purpose of marine or atmospheric science or management4 7f7 ,waiver ,the head of an executive agency may waive the prohibition under subsection 7a7 on a case-by-case basis-- 7#a7 with the approval of the ,secretary of ,homeland ,security or the ,secretary of ,defense2 and 7#b7 upon 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 or national security investigations1 including forensic examinations2 and 7#b7 is required in the national interest of the ,united ,states4 7c7 ,federal ,aviation ,administration ,center of ,excellence for ,unmanned ,aircraft ,systems exemption ,the ,secretary of ,transportation1 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation or procurement is for the sole purposes of research1 evaluation1 training1 testing1 or analysis for the ,federal ,aviation ,administration's ,alliance for ,system ,safety of ,,uae through ,research ,excellence 7,,assure7 ,center of ,excellence 7,,coe7 for ,unmanned ,aircraft ,systems4 7d7 ,national ,transportation ,safety ,board exemption ,the ,national ,transportation ,safety ,board 7,,ntsb71 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation or procurement is necessary for the sole purpose of conducting safety investigations4 7e7 ,national ,oceanic ,atmospheric ,administration exemption ,the ,administrator of the ,national ,oceanic ,atmospheric ,administration 7,,noaa71 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation or procurement is necessary for the sole purpose of marine or atmospheric science or management4 7f7 ,waiver ,the head of an executive agency may waive the prohibition under subsection 7a7 on a case-by-case basis-- 7#a7 with the approval of the ,secretary of ,homeland ,security or the ,secretary of ,defense2 and 7#b7 upon notification to ,congress4 7g7 ,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 grant1 or cooperative agreement was awarded prior to the date of the enactment of this ,act2 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 or national security investigations1 including forensic examinations2 or 7,f7 the safe integration of ,,uas in the national airspace 7as determined in consultation with the ,secretary of ,transportation72 and 7#c7 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-- 7#a7 with the approval of the ,secretary of ,homeland ,security or the ,secretary of ,defense2 and 7#b7 upon notification to ,congress4 7d7 ,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 testing1 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 ,governmental ,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 #c1 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 and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on ,homeland ,security and the ,committee on ,oversight and ,reform and the ,permanent ,select ,committee on ,intelligence 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