II 

117TH CONGRESS 

1ST SESSION S. 73 

To ban the Federal procurement of certain drones and other unmanned 

aircraft systems, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2021 

Mr. SCOTT of Florida (for himself, Mr. RUBIO, Mr. COTTON, Mrs. BLACKBURN, Mr. BLUMENTHAL, Mr. MURPHY, and Mr. HAWLEY) introduced 

the following bill; 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 systems, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Security 

5 Drone Act of 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVERED FOREIGN ENTITY.—The term 

9 ‘‘covered foreign entity’’ means an entity included on 


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1 a list developed and maintained by the Federal Ac2 quisition Security Council. This list will include enti3 ties in the following categories: 

4 (A) An entity included on the Consolidated 

5 Screening List. 

6 (B) Any entity that is subject to 

7 extrajudicial direction from a foreign govern8 ment, as determined by the Secretary of Home9 land Security. 

10 (C) Any entity the Secretary of Homeland 

11 Security, in coordination with the Director of 

12 National Intelligence and the Secretary of De13 fense, determines poses a national security risk. 

14 (D) Any entity domiciled in the People’s 

15 Republic of China or subject to influence or 

16 control by the Government of the People Re17 public of China or the Communist Party of the 

18 People’s Republic of China, as determined by 

19 the Secretary of Homeland Security. 

20 (E) Any subsidiary or affiliate of an entity 

21 described in subparagraphs (A) through (D). 

22 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 

23 The term ‘‘covered unmanned aircraft system’’ has 

24 the meaning given the term ‘‘unmanned aircraft sysVerDate Sep 11 2014 21:37 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S73.IS S73

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1 tem’’ in section 44801 of title 49, United States 

2 Code. 

3 SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN4 MANNED AIRCRAFT SYSTEMS FROM COV5 ERED FOREIGN ENTITIES. 

6 (a) IN GENERAL.—Except as provided under sub7 sections (b) though (f), the head of an executive agency 

8 may not procure any covered unmanned aircraft system 

9 that are manufactured or assembled by a covered foreign 

10 entity, which includes associated elements (consisting of 

11 communication links and the components that control the 

12 unmanned aircraft) that are required for the operator to 

13 operate safely and efficiently in the national airspace sys14 tem. The Federal Acquisition Security Council, in coordi15 nation with the Secretary of Transportation, shall develop 

16 and update a list of associated elements. 

17 (b) EXEMPTION.—The Secretary of Homeland Secu18 rity, the Secretary of Defense, and the Attorney General 

19 are exempt from the restriction under subsection (a) if the 

20 operation or procurement— 

21 (1) is for the sole purposes of research, evalua22 tion, training, testing, or analysis for— 

23 (A) electronic warfare; 

24 (B) information warfare operations; 


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1 (C) development of UAS or counter-UAS 

2 technology; 

3 (D) counterterrorism or counterintelligence 

4 activities; or 

5 (E) Federal criminal or national security 

6 investigations, including forensic examinations; 

7 and 

8 (2) is required in the national interest of the 

9 United States. 

10 (c) FEDERAL AVIATION ADMINISTRATION CENTER

11 OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS

12 EXEMPTION.—The Secretary of Transportation, in con13 sultation with the Secretary of Homeland Security, is ex14 empt from the restriction under subsection (a) if the oper15 ation or procurement is for the sole purposes of research, 

16 evaluation, training, testing, or analysis for the Federal 

17 Aviation Administration’s Alliance for System Safety of 

18 UAS through Research Excellence (ASSURE) Center of 

19 Excellence (COE) for Unmanned Aircraft Systems. 

20 (d) NATIONAL TRANSPORTATION SAFETY BOARD

21 EXEMPTION.—The National Transportation Safety Board 

22 (NTSB), in consultation with the Secretary of Homeland 

23 Security, is exempt from the restriction under subsection 

24 (a) if the operation or procurement is necessary for the 

25 sole purpose of conducting safety investigations. 


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1 (e) NATIONAL OCEANIC ATMOSPHERIC ADMINISTRA2 TION EXEMPTION.—The Administrator of the National 

3 Oceanic Atmospheric Administration (NOAA), in con4 sultation with the Secretary of Homeland Security, is ex5 empt from the restriction under subsection (a) if the oper6 ation or procurement is necessary for the sole purpose of 

7 marine or atmospheric science or management. 

8 (f) WAIVER.—The head of an executive agency may 

9 waive the prohibition under subsection (a) on a case-by10 case basis— 

11 (1) with the approval of the Secretary of Home12 land Security or the Secretary of Defense; and 

13 (2) upon notification to Congress. 

14 SEC. 4. PROHIBITION ON OPERATION OF COVERED UN15 MANNED AIRCRAFT SYSTEMS FROM COV16 ERED FOREIGN ENTITIES. 

17 (a) PROHIBITION.— 

18 (1) IN GENERAL.—Beginning on the date that 

19 is 2 years after the date of the enactment of this 

20 Act, no Federal department or agency may operate 

21 a covered unmanned aircraft system manufactured 

22 or assembled by a covered foreign entity. 

23 (2) APPLICABILITY TO CONTRACTED SERV24 ICES.—The prohibition under paragraph (1) applies 

25 to any covered unmanned aircraft systems that are 


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1 being used by any executive agency through the 

2 method of contracting for the services of covered un3 manned aircraft systems. 

4 (b) EXEMPTION.—The Secretary of Homeland Secu5 rity, the Secretary of Defense, and the Attorney General 

6 are exempt from the restriction under subsection (a) if the 

7 operation or procurement— 

8 (1) is for the sole purposes of research, evalua9 tion, training, testing, or analysis for— 

10 (A) electronic warfare; 

11 (B) information warfare operations; 

12 (C) development of UAS or counter-UAS 

13 technology; 

14 (D) counterterrorism or counterintelligence 

15 activities; or 

16 (E) Federal criminal or national security 

17 investigations, including forensic examinations; 

18 and 

19 (2) is required in the national interest of the 

20 United States. 

21 (c) FEDERAL AVIATION ADMINISTRATION CENTER

22 OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS

23 EXEMPTION.—The Secretary of Transportation, in con24 sultation with the Secretary of Homeland Security, is ex25 empt from the restriction under subsection (a) if the operVerDate Sep 11 2014 21:37 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S73.IS S73

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1 ation or procurement is for the sole purposes of research, 

2 evaluation, training, testing, or analysis for the Federal 

3 Aviation Administration’s Alliance for System Safety of 

4 UAE through Research Excellence (ASSURE) Center of 

5 Excellence (COE) for Unmanned Aircraft Systems. 

6 (d) NATIONAL TRANSPORTATION SAFETY BOARD

7 EXEMPTION.—The National Transportation Safety Board 

8 (NTSB), in consultation with the Secretary of Homeland 

9 Security, is exempt from the restriction under subsection 

10 (a) if the operation or procurement is necessary for the 

11 sole purpose of conducting safety investigations. 

12 (e) NATIONAL OCEANIC ATMOSPHERIC ADMINISTRA13 TION EXEMPTION.—The Administrator of the National 

14 Oceanic Atmospheric Administration (NOAA), in con15 sultation with the Secretary of Homeland Security, is ex16 empt from the restriction under subsection (a) if the oper17 ation or procurement is necessary for the sole purpose of 

18 marine or atmospheric science or management. 

19 (f) WAIVER.—The head of an executive agency may 

20 waive the prohibition under subsection (a) on a case-by21 case basis— 

22 (1) with the approval of the Secretary of Home23 land Security or the Secretary of Defense; and 

24 (2) upon notification to Congress. 


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1 (g) REGULATIONS AND GUIDANCE.—Not later than 

2 180 days after the date of the enactment of this Act, the 

3 Secretary of Homeland Security shall prescribe regula4 tions or guidance to implement this section. 

5 SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 

6 PURCHASES AND OPERATION OF COVERED 

7 UNMANNED AIRCRAFT SYSTEMS FROM COV8 ERED FOREIGN ENTITIES. 

9 (a) IN GENERAL.—Beginning on the date that is 2 

10 years after the date of the enactment of this Act, except 

11 as provided in subsection (b), no Federal funds awarded 

12 through a contract, grant, or cooperative agreement, or 

13 otherwise made available may be used— 

14 (1) to purchase a covered unmanned aircraft 

15 system, or a system to counter unmanned aircraft 

16 systems, that is manufactured or assembled by a 

17 covered foreign entity; or 

18 (2) in connection with the operation of such a 

19 drone or unmanned aircraft system. 

20 (b) EXEMPTION.—A Federal department or agency 

21 is exempt from the restriction under subsection (a) if— 

22 (1) the contract, grant, or cooperative agree23 ment was awarded prior to the date of the enact24 ment of this Act; or 


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1 (2) the operation or procurement is for the sole 

2 purposes of research, evaluation, training, testing, or 

3 analysis, as determined by the Secretary of Home4 land Security, the Secretary of Defense, or the At5 torney General, for— 

6 (A) electronic warfare; 

7 (B) information warfare operations; 

8 (C) development of UAS or counter-UAS 

9 technology; 

10 (D) counterterrorism or counterintelligence 

11 activities; or 

12 (E) Federal criminal or national security 

13 investigations, including forensic examinations; 

14 or 

15 (F) the safe integration of UAS in the na16 tional airspace (as determined in consultation 

17 with the Secretary of Transportation); and 

18 (3) is required in the national interest of the 

19 United States. 

20 (c) WAIVER.—The head of an executive agency may 

21 waive the prohibition under subsection (a) on a case-by22 case basis— 

23 (1) with the approval of the Secretary of Home24 land Security or the Secretary of Defense; and 

25 (2) upon notification to Congress. 


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1 (d) REGULATIONS.—Not later than 180 days after 

2 the date of the enactment of this Act, the Federal Acquisi3 tion Regulatory Council shall prescribe regulations or 

4 guidance, as necessary, to implement the requirements of 

5 this section pertaining to Federal contracts. 

6 SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 

7 PURCHASE CARDS TO PURCHASE COVERED 

8 UNMANNED AIRCRAFT SYSTEMS FROM COV9 ERED FOREIGN ENTITIES. 

10 Effective immediately, Government-issued Purchase 

11 Cards may not be used to procure any covered unmanned 

12 aircraft system from a covered foreign entity. 

13 SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV14 ERED UNMANNED AIRCRAFT SYSTEMS FROM 

15 COVERED FOREIGN ENTITIES. 

16 (a) IN GENERAL.—Effective immediately, all execu17 tive agencies must account for existing inventories of cov18 ered unmanned aircraft systems manufactured or assem19 bled by a covered foreign entity in their personal property 

20 accounting systems, regardless of the original procurement 

21 cost, or the purpose of procurement due to the special 

22 monitoring and accounting measures necessary to track 

23 the items’ capabilities. 

24 (b) CLASSIFIED TRACKING.—Due to the sensitive na25 ture of missions and operations conducted by the United 


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1 States Government, inventory data related to covered un2 manned aircraft systems manufactured or assembled by 

3 a covered foreign entity may be tracked at a classified 

4 level. 

5 (c) EXCEPTIONS.—The Department of Defense and 

6 Department of Homeland Security may exclude from the 

7 full inventory process, covered unmanned aircraft systems 

8 that are deemed expendable due to mission risk such as 

9 recovery issues or that are one-time-use covered unmanned 

10 aircraft due to requirements and low cost. 

11 SEC. 8. COMPTROLLER GENERAL REPORT. 

12 Not later than 275 days after the date of the enact13 ment of this Act, the Comptroller General of the United 

14 States shall submit to Congress a report on the amount 

15 of commercial off-the-shelf drones and covered unmanned 

16 aircraft systems procured by Federal departments and 

17 agencies from covered foreign entities. 

18 SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 

19 OF UNMANNED AIRCRAFT SYSTEMS. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, the Director of the Of22 fice of Management and Budget, in coordination with the 

23 Department of Homeland Security, Department of Trans24 portation, the Department of Justice, and other Depart25 ments as determined by the Director of the Office of ManVerDate Sep 11 2014 21:37 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S73.IS S73

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1 agement and Budget, and in consultation with the Na2 tional Institute of Standards and Technology, shall estab3 lish a government-wide policy for the procurement of 

4 UAS— 

5 (1) for non-Department of Defense and non-in6 telligence community operations; and 

7 (2) through grants and cooperative agreements 

8 entered into with non-Federal entities. 

9 (b) INFORMATION SECURITY.—The policy developed 

10 under subsection (a) shall include the following specifica11 tions, which to the extent practicable, shall be based on 

12 industry standards and technical guidance from the Na13 tional Institute of Standards and Technology, to address 

14 the risks associated with processing, storing and transmit15 ting Federal information in a UAS: 

16 (1) Protections to ensure controlled access of 

17 UAS. 

18 (2) Protecting software, firmware, and hard19 ware by ensuring changes to UAS are properly man20 aged, including by ensuring UAS can be updated 

21 using a secure, controlled, and configurable mecha22 nism. 

23 (3) Cryptographically securing sensitive col24 lected, stored, and transmitted data, including propVerDate Sep 11 2014 21:37 Feb 09, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S73.IS S73

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1 er handling of privacy data and other controlled un2 classified information. 

3 (4) Appropriate safeguards necessary to protect 

4 sensitive information, including during and after use 

5 of UAS. 

6 (5) Appropriate data security to ensure that 

7 data is not transmitted to or stored in non-approved 

8 locations. 

9 (6) The ability to opt out of the uploading, 

10 downloading, or transmitting of data that is not re11 quired by law or regulation and an ability to choose 

12 with whom and where information is shared when it 

13 is required. 

14 (c) REQUIREMENT.—The policy developed under sub15 section (a) shall reflect an appropriate risk-based ap16 proach to information security related to use of UAS. 

17 (d) REVISION OF ACQUISITION REGULATIONS.—Not 

18 later than 180 days after the date on which the policy 

19 required under subsection (a) is issued— 

20 (1) the Federal Acquisition Regulatory Council 

21 shall revise the Federal Acquisition Regulation, as 

22 necessary, to implement the policy; and 

23 (2) any Federal department or agency or other 

24 Federal entity not subject to, or not subject solely 

25 to, the Federal Acquisition Regulation shall revise 


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1 applicable policy, guidance, or regulations, as nec2 essary, to implement the policy. 

3 (e) EXEMPTION.—In developing the policy required 

4 under subsection (a), the Director of the Office of Man5 agement and Budget shall incorporate an exemption to the 

6 policy for the following reasons: 

7 (1) In the case of procurement for the purposes 

8 of training, testing, or analysis for— 

9 (A) electronic warfare; or 

10 (B) information warfare operations. 

11 (2) In the case of researching UAS technology, 

12 including testing, evaluation, research, or develop13 ment of technology to counter UAS. 

14 (3) In the case of a head of the procuring de15 partment or agency determining, in writing, that no 

16 product that complies with the information security 

17 requirements described in subsection (b) is capable 

18 of fulfilling mission critical performance require19 ments, and such determination— 

20 (A) may not be delegated below the level of 

21 the Deputy Secretary of the procuring depart22 ment or agency; 

23 (B) shall specify— 

24 (i) the quantity of end items to which 

25 the waiver applies, the procurement value 


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1 of which may not exceed $50,000 per waiv2 er; and 

3 (ii) the time period over which the 

4 waiver applies, which shall not exceed 3 

5 years; 

6 (C) shall be reported to the Office of Man7 agement and Budget following issuance of such 

8 a determination; and 

9 (D) not later than 30 days after the date 

10 on which the determination is made, shall be 

11 provided to the Committee on Homeland Secu12 rity and Governmental Affairs of the Senate 

13 and the Committee on Oversight and Reform of 

14 the House of Representatives. 

15 SEC. 10. STUDY. 

16 (a) INDEPENDENT STUDY.—Not later than 3 years 

17 after the date of the enactment of this Act, the Director 

18 of the Office of Management and Budget shall seek to 

19 enter into a contract with a federally funded research and 

20 development center under which the center will conduct 

21 a study of— 

22 (1) the current and future unmanned aircraft 

23 system global and domestic market; 


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1 (2) the ability of the unmanned aircraft system 

2 domestic market to keep pace with technological ad3 vancements across the industry; 

4 (3) the ability of domestically made unmanned 

5 aircraft systems to meet the network security and 

6 data protection requirements of the national security 

7 enterprise; 

8 (4) the extent to which unmanned aircraft sys9 tem component parts, such as the parts described in 

10 section 3, are made domestically; and 

11 (5) an assessment of the economic impact, in12 cluding cost, of excluding the use of foreign-made 

13 UAS for use across the Federal Government. 

14 (b) SUBMISSION TO OMB.—Upon completion of the 

15 study in subsection (a), the federally funded research and 

16 development center shall submit the study to the Director 

17 of the Office of Management and Budget. 

18 (c) SUBMISSION TO CONGRESS.—Not later than 30 

19 days after the date on which the Director of the Office 

20 of Management and Budget receives the study under sub21 section (b), the Director shall submit the study to— 

22 (1) the Committee on Homeland Security and 

23 Governmental Affairs and the Select Committee on 

24 Intelligence of the Senate; and 


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1 (2) the Committee on Homeland Security and 

2 the Committee on Oversight and Reform and the 

3 Permanent Select Committee on Intelligence of the 

4 House of Representatives. 

5 SEC. 11. SUNSET. 

6 Sections 3, 4, and 5 shall cease to have effect on the 

7 date that is 5 years after the date of the enactment of 

8 this Act. 

Æ 


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