,,ii #aahth ,,congress #ast ,session ,s4 #dgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbc ,mr4 ,scott of ,florida 7for himself1 ,mr4 ,warner1 ,mr4 ,rubio1 ,mr4 ,blumenthal1 ,mrs4 ,blackburn1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to provide for drone security4 #a4 ,short title ,this ,act may be cited as the ,american ,security ,drone ,act of #bjbc4 #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 ,council and published in the ,system for ,award ,management 7,,sam74 ,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 ,attorney ,general1 ,director of ,national ,intelligence1 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's ,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 7#c7 ,intelligence2 intelligence community ,the terms intelligence and intelligence community have the meanings given those terms in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #c4 ,prohibition on procurement of covered unmanned aircraft systems from covered foreign entities 7a7 ,in general ,except as provided under subsections 7b7 through 7f71 the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity1 which includes associated elements related to the collection and transmission of sensitive information 7consisting of communication links and the components that control the unmanned aircraft7 that enable the operator to operate the aircraft 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 the ,director of ,national ,intelligence1 and the ,attorney ,general are exempt from the restriction under subsection 7a7 if the procurement is required in the national interest of the ,united ,states and-- 7#a7 is for the sole purposes of research1 evaluation1 training1 testing1 or analysis for electronic warfare1 information warfare operations1 cybersecurity1 or development of unmanned aircraft system or counter-unmanned aircraft system technology2 7#b7 is for the sole purposes of conducting counterterrorism or counterintelligence activities1 protective missions1 or ,federal criminal or national security investigations1 including forensic examinations1 or for electronic warfare1 information warfare operations1 cybersecurity1 or development of an unmanned aircraft system or counter-unmanned aircraft system technology2 or 7#c7 is an unmanned aircraft system that1 as procured or as modified after procurement but before operational use1 can no longer transfer to1 or download data from1 a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official4 7c7 ,department of ,transportation and ,federal ,aviation ,administration exemption ,the ,secretary of ,transportation is exempt from the restriction under subsection 7a7 if the operation or procurement is deemed to support the safe1 secure1 or efficient operation of the ,national ,airspace ,system or maintenance of public safety1 including activities carried out under the ,federal ,aviation ,administration's ,alliance for ,system ,safety of ,,uas through ,research ,excellence 7,,assure7 ,center of ,excellence 7,,coe7 and any other activity deemed to support the safe1 secure1 or efficient operation of the ,national ,airspace ,system or maintenance of public safety1 as determined by the ,secretary or the ,secretary's designee4 7d7 ,national ,transportation ,safety ,board exemption ,the ,national ,transportation ,safety ,board1 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 and ,atmospheric ,administration exemption ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration 7,,noaa71 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the procurement is necessary for the purpose of meeting ,,noaa's science or management objectives or operational mission4 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 ,director of the ,office of ,management and ,budget1 after consultation with the ,federal ,acquisition ,security ,council2 and 7#b7 upon notification to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,reform in the ,house of ,representatives2 and 7,c7 other appropriate congressional committees of jurisdiction4 #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 two 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 the ,director of ,national ,intelligence1 and the ,attorney ,general are exempt from the restriction under subsection 7a7 if the operation is required in the national interest of the ,united ,states and-- 7#a7 is for the sole purposes of research1 evaluation1 training1 testing1 or analysis for electronic warfare1 information warfare operations1 cybersecurity1 or development of unmanned aircraft system or counter-unmanned aircraft system technology2 7#b7 is for the sole purposes of conducting counterterrorism or counterintelligence activities1 protective missions1 or ,federal criminal or national security investigations1 including forensic examinations1 or for electronic warfare1 information warfare operations1 cybersecurity1 or development of an unmanned aircraft system or counter-unmanned aircraft system technology2 or 7#c7 is an unmanned aircraft system that1 as procured or as modified after procurement but before operational use1 can no longer transfer to1 or download data from1 a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official4 7c7 ,department of ,transportation and ,federal ,aviation ,administration exemption ,the ,secretary of ,transportation is exempt from the restriction under subsection 7a7 if the operation is deemed to support the safe1 secure1 or efficient operation of the ,national ,airspace ,system or maintenance of public safety1 including activities carried out under the ,federal ,aviation ,administration's ,alliance for ,system ,safety of ,,uas through ,research ,excellence 7,,assure7 ,center of ,excellence 7,,coe7 and any other activity deemed to support the safe1 secure1 or efficient operation of the ,national ,airspace ,system or maintenance of public safety1 as determined by the ,secretary or the ,secretary's designee4 7d7 ,national ,transportation ,safety ,board exemption ,the ,national ,transportation ,safety ,board1 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the operation is necessary for the sole purpose of conducting safety investigations4 7e7 ,national ,oceanic and ,atmospheric ,administration exemption ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration 7,,noaa71 in consultation with the ,secretary of ,homeland ,security1 is exempt from the restriction under subsection 7a7 if the procurement is necessary for the purpose of meeting ,,noaa's science or management objectives or operational mission4 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 ,director of the ,office of ,management and ,budget1 after consultation with the ,federal ,acquisition ,security ,council2 and 7#b7 upon notification to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,reform in the ,house of ,representatives2 and 7,c7 other appropriate congressional committees of jurisdiction4 7g7 ,regulations and guidance ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general and the ,secretary of ,transportation1 shall prescribe regulations or guidance to implement this section4 #e4 ,prohibition on use of ,federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities 7a7 ,in general ,beginning on the date that is two 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 procure a covered unmanned aircraft system 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 ,the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 the ,director of ,national ,intelligence1 and the ,attorney ,general are exempt from the restriction under subsection 7a7 if the procurement or operation is required in the national interest of the ,united ,states and-- 7#a7 is for the sole purposes of research1 evaluation1 training1 testing1 or analysis for electronic warfare1 information warfare operations1 cybersecurity1 or development of unmanned aircraft system or counter-unmanned aircraft system technology2 7#b7 is for the sole purposes of conducting counterterrorism or counterintelligence activities1 protective missions1 or ,federal criminal or national security investigations1 including forensic examinations1 or for electronic warfare1 information warfare operations1 cybersecurity1 or development of an unmanned aircraft system or counter-unmanned aircraft system technology2 or 7#c7 is an unmanned aircraft system that1 as procured or as modified after procurement but before operational use1 can no longer transfer to1 or download data from1 a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official4 7c7 ,department of ,transportation and ,federal ,aviation ,administration exemption ,the ,secretary of ,transportation is exempt from the restriction under subsection 7a7 if the operation or procurement is deemed to support the safe1 secure1 or efficient operation of the ,national ,airspace ,system or maintenance of public safety1 including activities carried out under the ,federal ,aviation ,administration's ,alliance for ,system ,safety of ,,uas through ,research ,excellence 7,,assure7 ,center of ,excellence 7,,coe7 and any other activity deemed to support the safe1 secure1 or efficient operation of the ,national ,airspace ,system or maintenance of public safety1 as determined by the ,secretary or the ,secretary's designee4 7d7 ,national ,oceanic and ,atmospheric ,administration exemption ,the ,administrator of the ,national ,oceanic and ,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 purpose of meeting ,,noaa's science or management objectives or operational mission4 7e7 ,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 ,director of the ,office of ,management and ,budget1 after consultation with the ,federal ,acquisition ,security ,council2 and 7#b7 upon notification to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,reform in the ,house of ,representatives2 and 7,c7 other appropriate congressional committees of jurisdiction4 7f7 ,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 ,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 within one year of the date of enactment of this ,act1 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 level1 as determined by the ,secretary of ,homeland ,security or the ,secretary's designee4 7c7 ,exceptions ,the ,department of ,defense1 the ,department of ,homeland ,security1 the ,department of ,justice1 the ,department of ,transportation1 and the ,national ,oceanic and ,atmospheric ,administration may exclude from the full inventory process1 covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues1 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 an unmanned aircraft system-- 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 storing1 and transmitting ,federal information in an unmanned aircraft system3 7#a7 ,protections to ensure controlled access to an unmanned aircraft system4 7#b7 ,protecting software1 firmware1 and hardware by ensuring changes to an unmanned aircraft system are properly managed1 including by ensuring an unmanned aircraft system 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 an unmanned aircraft system4 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 an unmanned aircraft system4 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-- 7#a7 incorporate policies to implement the exemptions contained in this ,act2 and 7#b7 incorporate an exemption to the policy 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 ,secretary1 or ,administrator1 of the procuring department or agency2 7,b7 shall specify-- 7i7 the quantity of end items to which the waiver applies and the procurement value of those items2 and 7ii7 the time period over which the waiver applies1 which shall not exceed three 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 ,state1 local1 and territorial law enforcement and emergency service exemption 7a7 ,rule of construction ,nothing in this ,act shall prevent a ,state1 local1 or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-,federal dollars4 7b7 ,continuity of arrangements ,the ,federal ,government may continue entering into contracts1 grants1 and cooperative agreements or other ,federal funding instruments with ,state1 local1 or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section #e4 #aa4 ,study 7a7 ,study on the ,supply ,chain for ,unmanned ,aircraft ,systems and ,components 7#a7 ,report required ,not later than one year after the date of the enactment of this ,act1 the ,under ,secretary of ,defense for ,acquisition and ,sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems1 including a discussion of current and projected future demand for covered unmanned aircraft systems4 7#b7 ,elements ,the report under paragraph 7#a7 shall include the following3 7,a7 ,a description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity4 7,b7 ,a description of the sustainability1 availability1 cost1 and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries4 7,c7 ,the plan of the ,secretary of ,defense to address any gaps or deficiencies identified in subparagraph 7,b71 including through the use of funds available under the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deja et seq47 and partnerships with the ,national ,aeronautics and ,space ,administration and other interested persons4 7,d7 ,such other information as the ,under ,secretary of ,defense for ,acquisition and ,sustainment determines to be appropriate4 7#c7 ,appropriate congressional committees defined ,in this section the term appropriate congressional committees means3 7,a7 ,the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7,c7 ,the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7,d7 ,the ,select ,committee on ,intelligence of the ,senate and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,e7 ,the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7,f7 ,the ,committee on ,homeland ,security of the ,house of ,representatives4 #ab4 ,exceptions 7a7 ,exception for wildfire management operations and search and rescue operations ,the appropriate ,federal agencies1 in consultation with the ,secretary of ,homeland ,security1 are exempt from the procurement and operation restrictions under sections #c1 #d1 and #e to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations4 7b7 ,exception for intelligence activities ,the elements of the intelligence community1 in consultation with the ,director of ,national ,intelligence1 are exempt from the procurement and operation restrictions under sections #c1 #d1 and #e to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities4 7c7 ,exception for tribal law enforcement or emergency service agency ,tribal law enforcement or ,tribal emergency service agencies1 in consultation with the ,secretary of ,homeland ,security1 are exempt from the procurement1 operation1 and purchase restrictions under sections #c1 #d1 and #e to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on ,indian lands4 #ac4 ,sunset ,sections #c1 #d1 and #e shall cease to have effect on the date that is five years after the date of the enactment of this ,act4