The ban passed the U.S. House
- Thread starter Prop Wash
- Start date
anotherlab
Well-Known Member
I used ChatGPT to generate the following letter that I will use as a template to email to the senators who represent my state:
I'll be sending it online, so I'll modify it to make it more email like.
If anyone else wants to use AI to generate a letter that can be adapted, I used this prompt:
write a letter to my senators asking them to vote down the amendment to the ndaa that bans drones made by dji
I'll be sending it online, so I'll modify it to make it more email like.
If anyone else wants to use AI to generate a letter that can be adapted, I used this prompt:
write a letter to my senators asking them to vote down the amendment to the ndaa that bans drones made by dji
Is this it?
Subtitle <<NOTE: American Security Drone Act of 2023.>> B--Drone
Security
SEC. <<NOTE: 41 USC note prec. 3901.>> 1821. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone Act of
2023''.
SEC. 1822. DEFINITIONS.
In this subtitle:
(1) 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 (SAM). This list
will include entities in the following categories:
(A) An entity included on the Consolidated Screening
List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Attorney General, Director of
National Intelligence, and the Secretary of Defense,
determines poses a national security risk.
(D) <<NOTE: China.>> 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
China, as determined by the Secretary of Homeland
Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the
meanings
[[Page 137 STAT. 692]]
given those terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1823. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b) through
(f), the head of an executive agency may not procure any covered
unmanned aircraft system that is manufactured or assembled by a covered
foreign entity, which includes associated elements related to the
collection and transmission of sensitive information (consisting of
communication links and the components that control the unmanned
aircraft) that enable the operator to operate the aircraft in the
National Airspace System. <<NOTE: Updates. List.>> The Federal
Acquisition Security Council, in coordination with the Secretary of
Transportation, shall develop and update a list of associated elements.
(b) Exemption.--The Secretary of Homeland Security, the Secretary of
Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the procurement is required
in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development of
unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> is an unmanned aircraft system
that, as procured or as modified after procurement but before
operational use, can no longer transfer to, or download data
from, a covered foreign entity and otherwise poses no national
security cybersecurity risks as determined by the exempting
official.
(c) Department of Transportation and Federal Aviation Administration
Exemption.--The Secretary of Transportation is exempt from the
restriction under subsection (a) if the operation or procurement is
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, including
activities carried out under the Federal Aviation Administration's
Alliance for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) and any other activity deemed to support the
safe, secure, or efficient operation of the National Airspace System or
maintenance of public safety, as determined by the Secretary or the
Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation or procurement is necessary for the sole purpose of
conducting safety investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under
[[Page 137 STAT. 693]]
subsection (a) if the procurement is necessary for the purpose of
meeting NOAA's science or management objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) <<NOTE: Notification.>> upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability in
the House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 1824. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) <<NOTE: Effective date.>> In general.--Beginning on the
date that is two years after the date of the enactment of this
Act, no Federal department or agency may operate a covered
unmanned aircraft system manufactured or assembled by a covered
foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) 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 systems.
(b) Exemption.--The Secretary of Homeland Security, the Secretary of
Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the operation is required
in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development of
unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> is an unmanned aircraft system
that, as procured or as modified after procurement but before
operational use, can no longer transfer to, or download data
from, a covered foreign entity and otherwise poses no national
security cybersecurity risks as determined by the exempting
official.
(c) Department of Transportation and Federal Aviation Administration
Exemption. <<NOTE: Determination.>> --The Secretary of Transportation is
exempt from the restriction under subsection (a) if the operation is
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, including
activities carried out under the Federal Aviation Administration's
Alliance for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) and any other activity deemed to support the
safe, secure, or efficient operation of the
[[Page 137 STAT. 694]]
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation is necessary for the sole purpose of conducting safety
investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) <<NOTE: Notification.>> upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability in
the House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) <<NOTE: Deadline.>> Regulations and Guidance.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Attorney General and the
Secretary of Transportation, shall prescribe regulations or guidance to
implement this section.
SEC. 1825. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT AND
OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) <<NOTE: Effective date.>> In General.--Beginning on the date
that is two 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--
(1) to procure a covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--The Secretary of Homeland Security, the Secretary of
Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the procurement or
operation is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development of
unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare
[[Page 137 STAT. 695]]
operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> is an unmanned aircraft system
that, as procured or as modified after procurement but before
operational use, can no longer transfer to, or download data
from, a covered foreign entity and otherwise poses no national
security cybersecurity risks as determined by the exempting
official.
(c) Department of Transportation and Federal Aviation Administration
Exemption. <<NOTE: Determination.>> --The Secretary of Transportation is
exempt from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the operation or
procurement is necessary for the purpose of meeting NOAA's science or
management objectives or operational mission.
(e) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) <<NOTE: Notification.>> upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability in
the House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(f) <<NOTE: Deadline. Guidance.>> Regulations.--Not later than 180
days after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall prescribe regulations or guidance,
as necessary, to implement the requirements of this section pertaining
to Federal contracts.
SEC. 1826. 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. 1827. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 696]]
property accounting systems, within one year of the date of enactment of
this Act, 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) <<NOTE: Inventory data. Determination.>> 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, as determined by the Secretary of
Homeland Security or the Secretary's designee.
(c) Exceptions.--The Department of Defense, the Department of
Homeland Security, the Department of Justice, the Department of
Transportation, and the National Oceanic and Atmospheric Administration
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.
(d) Intelligence Community Exception.--Nothing in this section shall
apply to any element of the intelligence community.
SEC. 1828. 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, except that nothing in this
section shall apply to any element of the intelligence community.
SEC. 1829. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED
AIRCRAFT SYSTEMS.
(a) <<NOTE: Deadline.>> 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 an unmanned aircraft system--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) <<NOTE: Grants.>> through grants and cooperative
agreements entered into with non-Federal entities.
(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 an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned
aircraft system.
(2) Protecting software, firmware, and hardware by ensuring
changes to an unmanned aircraft system are properly managed,
including by ensuring an unmanned aircraft system can be updated
using a secure, controlled, and configurable mechanism.
[[Page 137 STAT. 697]]
(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 an unmanned
aircraft system.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading, 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 required.
(c) Requirement.--The policy developed under subsection (a) shall
reflect an appropriate risk-based approach to information security
related to use of an unmanned aircraft system.
(d) <<NOTE: Deadline.>> Revision of Acquisition Regulations.--Not
later than 180 days after the date on which the policy required under
subsection (a) is issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to implement
the policy; and
(2) any Federal department or agency or other Federal entity
not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy, guidance,
or regulations, as necessary, to implement the policy.
(e) Exemption.--In developing the policy required under subsection
(a), the Director of the Office of Management and Budget shall--
(1) incorporate policies to implement the exemptions
contained in this subtitle; and
(2) <<NOTE: Determination.>> incorporate an exemption to the
policy 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, or Administrator, of the procuring
department or agency;
(B) shall specify--
(i) the quantity of end items to which the
waiver applies and the procurement value of those
items; and
(ii) <<NOTE: Time period.>> the time period
over which the waiver applies, which shall not
exceed three years;
(C) <<NOTE: Reports.>> shall be reported to the
Office of Management and Budget following issuance of
such a determination; and
(D) <<NOTE: Deadline.>> not later than 30 days
after the date on which the determination is made, shall
be provided to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of
Representatives.
SEC. 1830. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND
EMERGENCY SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this subtitle shall prevent a
State, local, or territorial law enforcement or emergency
[[Page 137 STAT. 698]]
service agency from procuring or operating a covered unmanned aircraft
system purchased with non-Federal dollars.
(b) <<NOTE: Contracts. Grants.>> Continuity of Arrangements.--The
Federal Government may continue entering into contracts, grants, and
cooperative agreements or other Federal funding instruments with State,
local, 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 1825.
SEC. 1831. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than one year after the date
of the enactment of this Act, 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 systems, including a discussion of
current and projected future demand for covered unmanned
aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) 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 entity.
(B) A description of the sustainability,
availability, cost, and quality of secure sources of
covered unmanned aircraft systems domestically and from
sources in allied and partner countries.
(C) <<NOTE: Plan.>> The plan of the Secretary of
Defense to address any gaps or deficiencies identified
in subparagraph (B), including through the use of funds
available under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) and partnerships with the National
Aeronautics and Space Administration and other
interested persons.
(D) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services of the Senate
and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of
Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(E) The Committee on Transportation and
Infrastructure of the House of Representatives.
[[Page 137 STAT. 699]]
(F) The Committee on Homeland Security of the House
of Representatives.
(G) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1832. EXCEPTIONS.
(a) Exception for Wildfire Management Operations and Search and
Rescue Operations.--The appropriate Federal agencies, in consultation
with the Secretary of Homeland Security, are exempt from the procurement
and operation restrictions under sections 1823, 1824, and 1825 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 operations.
(b) Exception for Intelligence Activities.--Sections 1823, 1824, and
1825 shall not apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), any authorized intelligence activities of the
United States, or any activity or procurement that supports an
authorized intelligence activity.
(c) Exception for Tribal Law Enforcement or Emergency Service
Agency.--Tribal law enforcement or Tribal emergency service agencies, in
consultation with the Secretary of Homeland Security, are exempt from
the procurement, operation, and purchase restrictions under sections
1823, 1824, and 1825 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 lands.
SEC. 1833. SUNSET.
Sections 1823, 1824, and 1825 shall cease to have effect on the
date that is five years after the date of the enactment of this Act.
Subtitle <<NOTE: American Security Drone Act of 2023.>> B--Drone
Security
SEC. <<NOTE: 41 USC note prec. 3901.>> 1821. SHORT TITLE.
This subtitle may be cited as the ``American Security Drone Act of
2023''.
SEC. 1822. DEFINITIONS.
In this subtitle:
(1) 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 (SAM). This list
will include entities in the following categories:
(A) An entity included on the Consolidated Screening
List.
(B) Any entity that is subject to extrajudicial
direction from a foreign government, as determined by
the Secretary of Homeland Security.
(C) Any entity the Secretary of Homeland Security,
in coordination with the Attorney General, Director of
National Intelligence, and the Secretary of Defense,
determines poses a national security risk.
(D) <<NOTE: China.>> 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
China, as determined by the Secretary of Homeland
Security.
(E) Any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the
meanings
[[Page 137 STAT. 692]]
given those terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1823. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b) through
(f), the head of an executive agency may not procure any covered
unmanned aircraft system that is manufactured or assembled by a covered
foreign entity, which includes associated elements related to the
collection and transmission of sensitive information (consisting of
communication links and the components that control the unmanned
aircraft) that enable the operator to operate the aircraft in the
National Airspace System. <<NOTE: Updates. List.>> The Federal
Acquisition Security Council, in coordination with the Secretary of
Transportation, shall develop and update a list of associated elements.
(b) Exemption.--The Secretary of Homeland Security, the Secretary of
Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the procurement is required
in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development of
unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> is an unmanned aircraft system
that, as procured or as modified after procurement but before
operational use, can no longer transfer to, or download data
from, a covered foreign entity and otherwise poses no national
security cybersecurity risks as determined by the exempting
official.
(c) Department of Transportation and Federal Aviation Administration
Exemption.--The Secretary of Transportation is exempt from the
restriction under subsection (a) if the operation or procurement is
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, including
activities carried out under the Federal Aviation Administration's
Alliance for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) and any other activity deemed to support the
safe, secure, or efficient operation of the National Airspace System or
maintenance of public safety, as determined by the Secretary or the
Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation or procurement is necessary for the sole purpose of
conducting safety investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under
[[Page 137 STAT. 693]]
subsection (a) if the procurement is necessary for the purpose of
meeting NOAA's science or management objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) <<NOTE: Notification.>> upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability in
the House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
SEC. 1824. PROHIBITION ON OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) <<NOTE: Effective date.>> In general.--Beginning on the
date that is two years after the date of the enactment of this
Act, no Federal department or agency may operate a covered
unmanned aircraft system manufactured or assembled by a covered
foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) 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 systems.
(b) Exemption.--The Secretary of Homeland Security, the Secretary of
Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the operation is required
in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development of
unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> is an unmanned aircraft system
that, as procured or as modified after procurement but before
operational use, can no longer transfer to, or download data
from, a covered foreign entity and otherwise poses no national
security cybersecurity risks as determined by the exempting
official.
(c) Department of Transportation and Federal Aviation Administration
Exemption. <<NOTE: Determination.>> --The Secretary of Transportation is
exempt from the restriction under subsection (a) if the operation is
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, including
activities carried out under the Federal Aviation Administration's
Alliance for System Safety of UAS through Research Excellence (ASSURE)
Center of Excellence (COE) and any other activity deemed to support the
safe, secure, or efficient operation of the
[[Page 137 STAT. 694]]
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Transportation Safety Board Exemption.--The National
Transportation Safety Board, in consultation with the Secretary of
Homeland Security, is exempt from the restriction under subsection (a)
if the operation is necessary for the sole purpose of conducting safety
investigations.
(e) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the procurement is
necessary for the purpose of meeting NOAA's science or management
objectives or operational mission.
(f) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) <<NOTE: Notification.>> upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability in
the House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(g) <<NOTE: Deadline.>> Regulations and Guidance.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Attorney General and the
Secretary of Transportation, shall prescribe regulations or guidance to
implement this section.
SEC. 1825. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT AND
OPERATION OF COVERED UNMANNED AIRCRAFT
SYSTEMS FROM COVERED FOREIGN ENTITIES.
(a) <<NOTE: Effective date.>> In General.--Beginning on the date
that is two 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--
(1) to procure a covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity; or
(2) in connection with the operation of such a drone or
unmanned aircraft system.
(b) Exemption.--The Secretary of Homeland Security, the Secretary of
Defense, the Secretary of State, and the Attorney General are exempt
from the restriction under subsection (a) if the procurement or
operation is required in the national interest of the United States
and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development of
unmanned aircraft system or counter-unmanned aircraft system
technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations, including
forensic examinations, or for electronic warfare, information
warfare
[[Page 137 STAT. 695]]
operations, cybersecurity, or development of an unmanned
aircraft system or counter-unmanned aircraft system technology;
or
(3) <<NOTE: Determination.>> is an unmanned aircraft system
that, as procured or as modified after procurement but before
operational use, can no longer transfer to, or download data
from, a covered foreign entity and otherwise poses no national
security cybersecurity risks as determined by the exempting
official.
(c) Department of Transportation and Federal Aviation Administration
Exemption. <<NOTE: Determination.>> --The Secretary of Transportation is
exempt from the restriction under subsection (a) if the operation or
procurement is deemed to support the safe, secure, or efficient
operation of the National Airspace System or maintenance of public
safety, including activities carried out under the Federal Aviation
Administration's Alliance for System Safety of UAS through Research
Excellence (ASSURE) Center of Excellence (COE) and any other activity
deemed to support the safe, secure, or efficient operation of the
National Airspace System or maintenance of public safety, as determined
by the Secretary or the Secretary's designee.
(d) National Oceanic and Atmospheric Administration Exemption.--The
Administrator of the National Oceanic and Atmospheric Administration
(NOAA), in consultation with the Secretary of Homeland Security, is
exempt from the restriction under subsection (a) if the operation or
procurement is necessary for the purpose of meeting NOAA's science or
management objectives or operational mission.
(e) Waiver.--The head of an executive agency may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) <<NOTE: Notification.>> upon notification to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability in
the House of Representatives; and
(C) other appropriate congressional committees of
jurisdiction.
(f) <<NOTE: Deadline. Guidance.>> Regulations.--Not later than 180
days after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall prescribe regulations or guidance,
as necessary, to implement the requirements of this section pertaining
to Federal contracts.
SEC. 1826. 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. 1827. MANAGEMENT OF EXISTING INVENTORIES OF COVERED UNMANNED
AIRCRAFT SYSTEMS FROM COVERED FOREIGN
ENTITIES.
(a) <<NOTE: Deadline.>> 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
[[Page 137 STAT. 696]]
property accounting systems, within one year of the date of enactment of
this Act, 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) <<NOTE: Inventory data. Determination.>> 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, as determined by the Secretary of
Homeland Security or the Secretary's designee.
(c) Exceptions.--The Department of Defense, the Department of
Homeland Security, the Department of Justice, the Department of
Transportation, and the National Oceanic and Atmospheric Administration
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.
(d) Intelligence Community Exception.--Nothing in this section shall
apply to any element of the intelligence community.
SEC. 1828. 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, except that nothing in this
section shall apply to any element of the intelligence community.
SEC. 1829. GOVERNMENT-WIDE POLICY FOR PROCUREMENT OF UNMANNED
AIRCRAFT SYSTEMS.
(a) <<NOTE: Deadline.>> 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 an unmanned aircraft system--
(1) for non-Department of Defense and non-intelligence
community operations; and
(2) <<NOTE: Grants.>> through grants and cooperative
agreements entered into with non-Federal entities.
(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 an unmanned aircraft system:
(1) Protections to ensure controlled access to an unmanned
aircraft system.
(2) Protecting software, firmware, and hardware by ensuring
changes to an unmanned aircraft system are properly managed,
including by ensuring an unmanned aircraft system can be updated
using a secure, controlled, and configurable mechanism.
[[Page 137 STAT. 697]]
(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 an unmanned
aircraft system.
(5) Appropriate data security to ensure that data is not
transmitted to or stored in non-approved locations.
(6) The ability to opt out of the uploading, downloading, 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 required.
(c) Requirement.--The policy developed under subsection (a) shall
reflect an appropriate risk-based approach to information security
related to use of an unmanned aircraft system.
(d) <<NOTE: Deadline.>> Revision of Acquisition Regulations.--Not
later than 180 days after the date on which the policy required under
subsection (a) is issued--
(1) the Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation, as necessary, to implement
the policy; and
(2) any Federal department or agency or other Federal entity
not subject to, or not subject solely to, the Federal
Acquisition Regulation shall revise applicable policy, guidance,
or regulations, as necessary, to implement the policy.
(e) Exemption.--In developing the policy required under subsection
(a), the Director of the Office of Management and Budget shall--
(1) incorporate policies to implement the exemptions
contained in this subtitle; and
(2) <<NOTE: Determination.>> incorporate an exemption to the
policy 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, or Administrator, of the procuring
department or agency;
(B) shall specify--
(i) the quantity of end items to which the
waiver applies and the procurement value of those
items; and
(ii) <<NOTE: Time period.>> the time period
over which the waiver applies, which shall not
exceed three years;
(C) <<NOTE: Reports.>> shall be reported to the
Office of Management and Budget following issuance of
such a determination; and
(D) <<NOTE: Deadline.>> not later than 30 days
after the date on which the determination is made, shall
be provided to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of
Representatives.
SEC. 1830. STATE, LOCAL, AND TERRITORIAL LAW ENFORCEMENT AND
EMERGENCY SERVICE EXEMPTION.
(a) Rule of Construction.--Nothing in this subtitle shall prevent a
State, local, or territorial law enforcement or emergency
[[Page 137 STAT. 698]]
service agency from procuring or operating a covered unmanned aircraft
system purchased with non-Federal dollars.
(b) <<NOTE: Contracts. Grants.>> Continuity of Arrangements.--The
Federal Government may continue entering into contracts, grants, and
cooperative agreements or other Federal funding instruments with State,
local, 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 1825.
SEC. 1831. STUDY.
(a) Study on the Supply Chain for Unmanned Aircraft Systems and
Components.--
(1) Report required.--Not later than one year after the date
of the enactment of this Act, 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 systems, including a discussion of
current and projected future demand for covered unmanned
aircraft systems.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) 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 entity.
(B) A description of the sustainability,
availability, cost, and quality of secure sources of
covered unmanned aircraft systems domestically and from
sources in allied and partner countries.
(C) <<NOTE: Plan.>> The plan of the Secretary of
Defense to address any gaps or deficiencies identified
in subparagraph (B), including through the use of funds
available under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) and partnerships with the National
Aeronautics and Space Administration and other
interested persons.
(D) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means
the following:
(A) The Committees on Armed Services of the Senate
and the House of Representatives.
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of
Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of
Representatives.
(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(E) The Committee on Transportation and
Infrastructure of the House of Representatives.
[[Page 137 STAT. 699]]
(F) The Committee on Homeland Security of the House
of Representatives.
(G) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1832. EXCEPTIONS.
(a) Exception for Wildfire Management Operations and Search and
Rescue Operations.--The appropriate Federal agencies, in consultation
with the Secretary of Homeland Security, are exempt from the procurement
and operation restrictions under sections 1823, 1824, and 1825 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 operations.
(b) Exception for Intelligence Activities.--Sections 1823, 1824, and
1825 shall not apply to any activity subject to the reporting
requirements under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.), any authorized intelligence activities of the
United States, or any activity or procurement that supports an
authorized intelligence activity.
(c) Exception for Tribal Law Enforcement or Emergency Service
Agency.--Tribal law enforcement or Tribal emergency service agencies, in
consultation with the Secretary of Homeland Security, are exempt from
the procurement, operation, and purchase restrictions under sections
1823, 1824, and 1825 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 lands.
SEC. 1833. SUNSET.
Sections 1823, 1824, and 1825 shall cease to have effect on the
date that is five years after the date of the enactment of this Act.
I wrote Marco Rubio and Rick Scott (Florida Senators). All I received back was a "thank you for your interest." note.
They're my senators too, no way they will go against the grain. Can't wait to vote them out. Sadly, common sense is not a requirement to hold office.
MARK (LI)
Well-Known Member
I wrote a message for my representative. I will keep flying no matter, they going to jail a 75 year old disabled Vietnam Vet? I don't care!
Wreckhunter
Well-Known Member
propflux01
Active Member
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More details here:
And the fine people sponsoring this bill:
- Rep. Stefanik, Elise M. [R-NY-21]
- Rep. Gallagher, Mike [R-WI-8]
- Rep. Mills, Cory [R-FL-7]
- Rep. Guest, Michael [R-MS-3]
- Rep. Moolenaar, John R. [R-MI-2]
- Rep. Williams, Brandon [R-NY-22]
- Rep. Krishnamoorthi, Raja [D-IL-8]
- Rep. Boebert, Lauren [R-CO-3]
- Rep. Rose, John W. [R-TN-6]
- Rep. Cole, Tom [R-OK-4]
- Rep. Mast, Brian J. [R-FL-21]
- Rep. Lawler, Michael [R-NY-17]
- Rep. Hinson, Ashley [R-IA-2]
- Rep. Higgins, Clay [R-LA-3]
- Rep. Guthrie, Brett [R-KY-2]
- Rep. Alford, Mark [R-MO-4]
If it passes and the Drones are banned, are they going to refund us the money that we paid for them?
- Joined
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Wild Drone Pilot
Well-Known Member
for the 1st time I flew and it RC said not logged into DJI account! What is that going to do?
Me too. Yesterday was the first time....ever....I received a DJI warning on my smart controller that I am going to be logged out pretty soon.
WackeDad
Well-Known Member
I reside in Washington State; my Senators are hopeless so writing them would be useless. Is this legislation aimed soley at DJI drones? What about side-loading the Litchi app and continue minding my own business?
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