Calendar No. 547
116th CONGRESS 2d Session |
[Report No. 116–268]
To ban the Federal procurement of certain drones and other unmanned aircraft systems, and for other purposes.
September 18, 2019
Mr. Scott of Florida (for himself, Mr. Cotton, Mr. Hawley, Mr. Rubio, Mr. Murphy, Mr. Blumenthal, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
September 15, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
To ban the Federal procurement of certain drones and other unmanned aircraft systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
In this Act:
(1) COVERED FOREIGN ENTITY.—the term “covered foreign entity” means—
(A) a covered entity (as determined by the Secretary of Commerce);
(B) any entity that is subject to extrajudicial direction from a foreign government, as determined by the Director of National Intelligence;
(C) any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence, the Secretary of Defense, and the Secretary of State, determines poses a national security risk;
(D) 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 China, as determined by the Secretary of Homeland Security; and
(E) any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
SEC. 3. Ban on procurement of foreign off-the-shelf drones and unmanned aircraft systems.
(a) In general.—Except as provided under subsections (b) and (c), 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 entity, including any Original Equipment Manufacturer flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country.
(b) Exemption.—The Secretary of Homeland Security and the Secretary of Defense are exempt from the restriction under subsection (a) if the operation or procurement—
(1) is for the purposes of training, testing, or analysis for—
(A) Counter-UAS surrogate intelligence;
(B) electronic warfare; or
(C) information warfare operations; and
(2) is required in the national interest of the United States.
SEC. 4. Prohibition on operation of foreign commercial off-the-shelf drones and small unmanned aircraft systems.
(1) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, 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 entity.
(2) PHASE-IN PERIOD FOR EXISTING CONTRACTS.—The prohibition under paragraph (1) shall not apply, during the 1-year period beginning on the date of the enactment of this Act, 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 Act.
(b) Exemption.—The Secretary of Homeland Security and the Secretary of Defense are exempt from the restriction under subsection (a) if the operation or procurement—
(1) is for the purposes of training, testing, or analysis for—
(A) Counter-UAS surrogate intelligence;
(B) electronic warfare; or
(C) information warfare operations; and
(2) is required in the national interest of the United States.
SEC. 5. 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 contract, grant, or cooperative agreement or otherwise made available may be used to purchase a commercial off-the-shelf drone or covered unmanned aircraft system, or a system to counter unmanned aircraft systems, that is manufactured or assembled by a covered foreign entity or in connection with the operation of such a drone or system.
SEC. 6. Comptroller General report.
Not later than 90 days after the date of the enactment of this Act, 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 entities.
This Act may be cited as the “American Security Drone Act of 2020”.
In this Act:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means—
(C) any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security;
(D) any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence and the Secretary of Defense, determines poses a national security risk;
SEC. 3. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities.
(a) In general.—Except as provided under subsections (b) and (c), the head of an executive agency may not procure any covered unmanned aircraft system that are manufactured or assembled by a covered foreign entity, which includes associated elements (consisting of communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
SEC. 4. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities.
(a) Prohibition.—
(b) Exemption.—The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under subsection (a) if the operation or procurement—
SEC. 5. Prohibition on use of Federal funds for purchases and operation of covered unmanned aircraft systems from covered foreign entities.
(a) In general.—Beginning on the date that is 2 years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used—
(b) Exemption.—A Federal department or agency is exempt from the restriction under subsection (a) if—
(1) the contract, grant or cooperative agreement was awarded prior to the date of the enactment of the bill; or
SEC. 6. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities.
Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.
SEC. 7. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities.
(a) In general.— Effective immediately, 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 systems, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items' capabilities.
(b) Classified tracking.—Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level.
(c) Exceptions.—The Department of Defense and Department of Homeland Security may exclude from the full inventory process, 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 cost.
SEC. 8. Comptroller General report.
Not later than 275 days after the date of the enactment of this Act, 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 entities.
SEC. 9. Government-wide policy for procurement of unmanned aircraft systems.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of UAS—
(b) Information security.—The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing and transmitting Federal information in a UAS:
(2) Protecting software, firmware, and hardware by ensuring changes to UAS are properly managed, including by ensuring UAS can be updated using a secure, controlled, and configurable mechanism.
(3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information.
(4) Appropriate safeguards necessary to protect sensitive information, including during and after use of UAS.
(c) Requirement.—The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of UAS.
(d) Revision of acquisition regulations.—Not later than 180 days after the date on which the policy required under subsection (a) is issued—
(e) Exemption.—In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall incorporate an exemption to the policy for the following reasons:
(2) In the case of researching UAS technology, including testing, evaluation, research, or development of technology to counter UAS.
(3) In the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination—
(A) may not be delegated below the level of the Deputy Secretary of the procuring department or agency;
(B) shall specify—
(a) Independent study.—Not later than 3 years after the date of the enactment of this Act, 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—
(2) the ability of the unmanned aircraft system domestic market to keep pace with technological advancements across the industry;
(3) the ability of domestically made unmanned aircraft systems to meet the network security and data protection requirements of the national security enterprise;
(b) Submission to OMB.—Upon completion of the study in subsection (a), the federally funded research and development center shall submit the study to the Director of the Office of Management and Budget.
Sections 3, 4, and 5 shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
Calendar No. 547 | |||||
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[Report No. 116–268] | |||||
A BILL | |||||
To ban the Federal procurement of certain drones and other unmanned aircraft systems, and for other
purposes. | |||||
September 15, 2020 | |||||
Reported with an amendment |