II 

118TH CONGRESS 

1ST SESSION S. 473 

To provide for drone security. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Mr. SCOTT of Florida (for himself, Mr. WARNER, Mr. RUBIO, Mr. 

BLUMENTHAL, Mrs. BLACKBURN, and Mr. MURPHY) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To provide for drone security. 

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 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COVERED FOREIGN ENTITY.—The term 

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

10 a list developed and maintained by the Federal Ac11 quisition Security Council and published in the SysVerDate Sep 11 2014 06:14 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S473.IS S473

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1 tem for Award Management (SAM). This list will in2 clude entities in the following categories: 

3 (A) An entity included on the Consolidated 

4 Screening List. 

5 (B) Any entity that is subject to 

6 extrajudicial direction from a foreign govern7 ment, as determined by the Secretary of Home8 land Security. 

9 (C) Any entity the Secretary of Homeland 

10 Security, in coordination with the Attorney 

11 General, Director of National Intelligence, and 

12 the Secretary of Defense, determines poses a 

13 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’s 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 

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

2 Code. 

3 (3) INTELLIGENCE; INTELLIGENCE COMMU4 NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 

5 community’’ have the meanings given those terms in 

6 section 3 of the National Security Act of 1947 (50 

7 U.S.C. 3003). 

8 SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN9 MANNED AIRCRAFT SYSTEMS FROM COV10 ERED FOREIGN ENTITIES. 

11 (a) IN GENERAL.—Except as provided under sub12 sections (b) through (f), the head of an executive agency 

13 may not procure any covered unmanned aircraft system 

14 that is manufactured or assembled by a covered foreign 

15 entity, which includes associated elements related to the 

16 collection and transmission of sensitive information (con17 sisting of communication links and the components that 

18 control the unmanned aircraft) that enable the operator 

19 to operate the aircraft in the National Airspace System. 

20 The Federal Acquisition Security Council, in coordination 

21 with the Secretary of Transportation, shall develop and 

22 update a list of associated elements. 

23 (b) EXEMPTION.—The Secretary of Homeland Secu24 rity, the Secretary of Defense, the Director of National 

25 Intelligence, and the Attorney General are exempt from 


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1 the restriction under subsection (a) if the procurement is 

2 required in the national interest of the United States 

3 and— 

4 (1) is for the sole purposes of research, evalua5 tion, training, testing, or analysis for electronic war6 fare, information warfare operations, cybersecurity, 

7 or development of unmanned aircraft system or 

8 counter-unmanned aircraft system technology; 

9 (2) is for the sole purposes of conducting 

10 counterterrorism or counterintelligence activities, 

11 protective missions, or Federal criminal or national 

12 security investigations, including forensic examina13 tions, or for electronic warfare, information warfare 

14 operations, cybersecurity, or development of an un15 manned aircraft system or counter-unmanned air16 craft system technology; or 

17 (3) is an unmanned aircraft system that, as 

18 procured or as modified after procurement but be19 fore operational use, can no longer transfer to, or 

20 download data from, a covered foreign entity and 

21 otherwise poses no national security cybersecurity 

22 risks as determined by the exempting official. 

23 (c) DEPARTMENT OF TRANSPORTATION AND FED24 ERAL AVIATION ADMINISTRATION EXEMPTION.—The 

25 Secretary of Transportation is exempt from the restriction 


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1 under subsection (a) if the operation or procurement is 

2 deemed to support the safe, secure, or efficient operation 

3 of the National Airspace System or maintenance of public 

4 safety, including activities carried out under the Federal 

5 Aviation Administration’s Alliance for System Safety of 

6 UAS through Research Excellence (ASSURE) Center of 

7 Excellence (COE) and any other activity deemed to sup8 port the safe, secure, or efficient operation of the National 

9 Airspace System or maintenance of public safety, as deter10 mined by the Secretary or the Secretary’s designee. 

11 (d) NATIONAL TRANSPORTATION SAFETY BOARD

12 EXEMPTION.—The National Transportation Safety 

13 Board, in consultation with the Secretary of Homeland Se14 curity, is exempt from the restriction under subsection (a) 

15 if the operation or procurement is necessary for the sole 

16 purpose of conducting safety investigations. 

17 (e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN18 ISTRATION EXEMPTION.—The Administrator of the Na19 tional Oceanic and Atmospheric Administration (NOAA), 

20 in consultation with the Secretary of Homeland Security, 

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

22 procurement is necessary for the purpose of meeting 

23 NOAA’s science or management objectives or operational 

24 mission. 


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

2 waive the prohibition under subsection (a) on a case-by3 case basis— 

4 (1) with the approval of the Director of the Of5 fice of Management and Budget, after consultation 

6 with the Federal Acquisition Security Council; and 

7 (2) upon notification to— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; 

10 (B) the Committee on Oversight and Re11 form in the House of Representatives; and 

12 (C) other appropriate congressional com13 mittees of jurisdiction. 

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 two 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, the Director of National 

6 Intelligence, and the Attorney General are exempt from 

7 the restriction under subsection (a) if the operation is re8 quired in the national interest of the United States and— 

9 (1) is for the sole purposes of research, evalua10 tion, training, testing, or analysis for electronic war11 fare, information warfare operations, cybersecurity, 

12 or development of unmanned aircraft system or 

13 counter-unmanned aircraft system technology; 

14 (2) is for the sole purposes of conducting 

15 counterterrorism or counterintelligence activities, 

16 protective missions, or Federal criminal or national 

17 security investigations, including forensic examina18 tions, or for electronic warfare, information warfare 

19 operations, cybersecurity, or development of an un20 manned aircraft system or counter-unmanned air21 craft system technology; or 

22 (3) is an unmanned aircraft system that, as 

23 procured or as modified after procurement but be24 fore operational use, can no longer transfer to, or 

25 download data from, a covered foreign entity and 


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1 otherwise poses no national security cybersecurity 

2 risks as determined by the exempting official. 

3 (c) DEPARTMENT OF TRANSPORTATION AND FED4 ERAL AVIATION ADMINISTRATION EXEMPTION.—The 

5 Secretary of Transportation is exempt from the restriction 

6 under subsection (a) if the operation is deemed to support 

7 the safe, secure, or efficient operation of the National Air8 space System or maintenance of public safety, including 

9 activities carried out under the Federal Aviation Adminis10 tration’s Alliance for System Safety of UAS through Re11 search Excellence (ASSURE) Center of Excellence (COE) 

12 and any other activity deemed to support the safe, secure, 

13 or efficient operation of the National Airspace System or 

14 maintenance of public safety, as determined by the Sec15 retary or the Secretary’s designee. 

16 (d) NATIONAL TRANSPORTATION SAFETY BOARD

17 EXEMPTION.—The National Transportation Safety 

18 Board, in consultation with the Secretary of Homeland Se19 curity, is exempt from the restriction under subsection (a) 

20 if the operation is necessary for the sole purpose of con21 ducting safety investigations. 

22 (e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN23 ISTRATION EXEMPTION.—The Administrator of the Na24 tional Oceanic and Atmospheric Administration (NOAA), 

25 in consultation with the Secretary of Homeland Security, 


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1 is exempt from the restriction under subsection (a) if the 

2 procurement is necessary for the purpose of meeting 

3 NOAA’s science or management objectives or operational 

4 mission. 

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

6 waive the prohibition under subsection (a) on a case-by7 case basis— 

8 (1) with the approval of the Director of the Of9 fice of Management and Budget, after consultation 

10 with the Federal Acquisition Security Council; and 

11 (2) upon notification to— 

12 (A) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 (B) the Committee on Oversight and Re15 form in the House of Representatives; and 

16 (C) other appropriate congressional com17 mittees of jurisdiction. 

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

19 180 days after the date of the enactment of this Act, the 

20 Secretary of Homeland Security, in consultation with the 

21 Attorney General and the Secretary of Transportation, 

22 shall prescribe regulations or guidance to implement this 

23 section. 


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

2 PROCUREMENT AND OPERATION OF COV3 ERED UNMANNED AIRCRAFT SYSTEMS FROM 

4 COVERED FOREIGN ENTITIES. 

5 (a) IN GENERAL.—Beginning on the date that is two 

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

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

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

9 otherwise made available may be used— 

10 (1) to procure a covered unmanned aircraft sys11 tem that is manufactured or assembled by a covered 

12 foreign entity; or 

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

14 drone or unmanned aircraft system. 

15 (b) EXEMPTION.—The Secretary of Homeland Secu16 rity, the Secretary of Defense, the Director of National 

17 Intelligence, and the Attorney General are exempt from 

18 the restriction under subsection (a) if the procurement or 

19 operation is required in the national interest of the United 

20 States and— 

21 (1) is for the sole purposes of research, evalua22 tion, training, testing, or analysis for electronic war23 fare, information warfare operations, cybersecurity, 

24 or development of unmanned aircraft system or 

25 counter-unmanned aircraft system technology; 


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1 (2) is for the sole purposes of conducting 

2 counterterrorism or counterintelligence activities, 

3 protective missions, or Federal criminal or national 

4 security investigations, including forensic examina5 tions, or for electronic warfare, information warfare 

6 operations, cybersecurity, or development of an un7 manned aircraft system or counter-unmanned air8 craft system technology; or 

9 (3) is an unmanned aircraft system that, as 

10 procured or as modified after procurement but be11 fore operational use, can no longer transfer to, or 

12 download data from, a covered foreign entity and 

13 otherwise poses no national security cybersecurity 

14 risks as determined by the exempting official. 

15 (c) DEPARTMENT OF TRANSPORTATION AND FED16 ERAL AVIATION ADMINISTRATION EXEMPTION.—The 

17 Secretary of Transportation is exempt from the restriction 

18 under subsection (a) if the operation or procurement is 

19 deemed to support the safe, secure, or efficient operation 

20 of the National Airspace System or maintenance of public 

21 safety, including activities carried out under the Federal 

22 Aviation Administration’s Alliance for System Safety of 

23 UAS through Research Excellence (ASSURE) Center of 

24 Excellence (COE) and any other activity deemed to sup25 port the safe, secure, or efficient operation of the National 


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1 Airspace System or maintenance of public safety, as deter2 mined by the Secretary or the Secretary’s designee. 

3 (d) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN4 ISTRATION EXEMPTION.—The Administrator of the Na5 tional Oceanic and Atmospheric Administration (NOAA), 

6 in consultation with the Secretary of Homeland Security, 

7 is exempt from the restriction under subsection (a) if the 

8 operation or procurement is necessary for the purpose of 

9 meeting NOAA’s science or management objectives or 

10 operational mission. 

11 (e) WAIVER.—The head of an executive agency may 

12 waive the prohibition under subsection (a) on a case-by13 case basis— 

14 (1) with the approval of the Director of the Of15 fice of Management and Budget, after consultation 

16 with the Federal Acquisition Security Council; and 

17 (2) upon notification to— 

18 (A) the Committee on Homeland Security 

19 and Governmental Affairs of the Senate; 

20 (B) the Committee on Oversight and Re21 form in the House of Representatives; and 

22 (C) other appropriate congressional com23 mittees of jurisdiction. 

24 (f) REGULATIONS.—Not later than 180 days after 

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1 tion Regulatory Council shall prescribe regulations or 

2 guidance, as necessary, to implement the requirements of 

3 this section pertaining to Federal contracts. 

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

5 PURCHASE CARDS TO PURCHASE COVERED 

6 UNMANNED AIRCRAFT SYSTEMS FROM COV7 ERED FOREIGN ENTITIES. 

8 Effective immediately, Government-issued Purchase 

9 Cards may not be used to procure any covered unmanned 

10 aircraft system from a covered foreign entity. 

11 SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV12 ERED UNMANNED AIRCRAFT SYSTEMS FROM 

13 COVERED FOREIGN ENTITIES. 

14 (a) IN GENERAL.—All executive agencies must ac15 count for existing inventories of covered unmanned air16 craft systems manufactured or assembled by a covered for17 eign entity in their personal property accounting systems, 

18 within one year of the date of enactment of this Act, re19 gardless of the original procurement cost, or the purpose 

20 of procurement due to the special monitoring and account21 ing measures necessary to track the items’ capabilities. 

22 (b) CLASSIFIED TRACKING.—Due to the sensitive na23 ture of missions and operations conducted by the United 

24 States Government, inventory data related to covered un25 manned aircraft systems manufactured or assembled by 


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1 a covered foreign entity may be tracked at a classified 

2 level, as determined by the Secretary of Homeland Secu3 rity or the Secretary’s designee. 

4 (c) EXCEPTIONS.—The Department of Defense, the 

5 Department of Homeland Security, the Department of 

6 Justice, the Department of Transportation, and the Na7 tional Oceanic and Atmospheric Administration may ex8 clude from the full inventory process, covered unmanned 

9 aircraft systems that are deemed expendable due to mis10 sion risk such as recovery issues, or that are one-time11 use covered unmanned aircraft due to requirements and 

12 low cost. 

13 SEC. 8. COMPTROLLER GENERAL REPORT. 

14 Not later than 275 days after the date of the enact15 ment of this Act, the Comptroller General of the United 

16 States shall submit to Congress a report on the amount 

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

18 aircraft systems procured by Federal departments and 

19 agencies from covered foreign entities. 

20 SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 

21 OF UNMANNED AIRCRAFT SYSTEMS. 

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

23 date of the enactment of this Act, the Director of the Of24 fice of Management and Budget, in coordination with the 

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1 portation, the Department of Justice, and other Depart2 ments as determined by the Director of the Office of Man3 agement and Budget, and in consultation with the Na4 tional Institute of Standards and Technology, shall estab5 lish a government-wide policy for the procurement of an 

6 unmanned aircraft system— 

7 (1) for non-Department of Defense and non-in8 telligence community operations; and 

9 (2) through grants and cooperative agreements 

10 entered into with non-Federal entities. 

11 (b) INFORMATION SECURITY.—The policy developed 

12 under subsection (a) shall include the following specifica13 tions, which to the extent practicable, shall be based on 

14 industry standards and technical guidance from the Na15 tional Institute of Standards and Technology, to address 

16 the risks associated with processing, storing, and trans17 mitting Federal information in an unmanned aircraft sys18 tem: 

19 (1) Protections to ensure controlled access to 

20 an unmanned aircraft system. 

21 (2) Protecting software, firmware, and hard22 ware by ensuring changes to an unmanned aircraft 

23 system are properly managed, including by ensuring 

24 an unmanned aircraft system can be updated using 

25 a secure, controlled, and configurable mechanism. 


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1 (3) Cryptographically securing sensitive col2 lected, stored, and transmitted data, including prop3 er handling of privacy data and other controlled un4 classified information. 

5 (4) Appropriate safeguards necessary to protect 

6 sensitive information, including during and after use 

7 of an unmanned aircraft system. 

8 (5) Appropriate data security to ensure that 

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

10 locations. 

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

12 downloading, or transmitting of data that is not re13 quired by law or regulation and an ability to choose 

14 with whom and where information is shared when it 

15 is required. 

16 (c) REQUIREMENT.—The policy developed under sub17 section (a) shall reflect an appropriate risk-based ap18 proach to information security related to use of an un19 manned aircraft system. 

20 (d) REVISION OF ACQUISITION REGULATIONS.—Not 

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

22 required under subsection (a) is issued— 

23 (1) the Federal Acquisition Regulatory Council 

24 shall revise the Federal Acquisition Regulation, as 

25 necessary, to implement the policy; and 


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1 (2) any Federal department or agency or other 

2 Federal entity not subject to, or not subject solely 

3 to, the Federal Acquisition Regulation shall revise 

4 applicable policy, guidance, or regulations, as nec5 essary, to implement the policy. 

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

7 under subsection (a), the Director of the Office of Man8 agement and Budget shall— 

9 (1) incorporate policies to implement the ex10 emptions contained in this Act; and 

11 (2) incorporate an exemption to the policy in 

12 the case of a head of the procuring department or 

13 agency determining, in writing, that no product that 

14 complies with the information security requirements 

15 described in subsection (b) is capable of fulfilling 

16 mission critical performance requirements, and such 

17 determination— 

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

19 the Deputy Secretary, or Administrator, of the 

20 procuring department or agency; 

21 (B) shall specify— 

22 (i) the quantity of end items to which 

23 the waiver applies and the procurement 

24 value of those items; and 


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1 (ii) the time period over which the 

2 waiver applies, which shall not exceed three 

3 years; 

4 (C) shall be reported to the Office of Man5 agement and Budget following issuance of such 

6 a determination; and 

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

8 on which the determination is made, shall be 

9 provided to the Committee on Homeland Secu10 rity and Governmental Affairs of the Senate 

11 and the Committee on Oversight and Reform of 

12 the House of Representatives. 

13 SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCE14 MENT AND EMERGENCY SERVICE EXEMP15 TION. 

16 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

17 shall prevent a State, local, or territorial law enforcement 

18 or emergency service agency from procuring or operating 

19 a covered unmanned aircraft system purchased with non20 Federal dollars. 

21 (b) CONTINUITY OF ARRANGEMENTS.—The Federal 

22 Government may continue entering into contracts, grants, 

23 and cooperative agreements or other Federal funding in24 struments with State, local, or territorial law enforcement 

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1 manned aircraft system will be purchased or operated if 

2 the agency has received approval or waiver to purchase 

3 or operate a covered unmanned aircraft system pursuant 

4 to section 5. 

5 SEC. 11. STUDY. 

6 (a) STUDY ON THE SUPPLY CHAIN FOR UNMANNED

7 AIRCRAFT SYSTEMS AND COMPONENTS.— 

8 (1) REPORT REQUIRED.—Not later than one 

9 year after the date of the enactment of this Act, the 

10 Under Secretary of Defense for Acquisition and 

11 Sustainment shall provide to the appropriate con12 gressional committees a report on the supply chain 

13 for covered unmanned aircraft systems, including a 

14 discussion of current and projected future demand 

15 for covered unmanned aircraft systems. 

16 (2) ELEMENTS.—The report under paragraph 

17 (1) shall include the following: 

18 (A) A description of the current and future 

19 global and domestic market for covered un20 manned aircraft systems that are not widely 

21 commercially available except from a covered 

22 foreign entity. 

23 (B) A description of the sustainability, 

24 availability, cost, and quality of secure sources 

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1 cally and from sources in allied and partner 

2 countries. 

3 (C) The plan of the Secretary of Defense 

4 to address any gaps or deficiencies identified in 

5 subparagraph (B), including through the use of 

6 funds available under the Defense Production 

7 Act of 1950 (50 U.S.C. 4501 et seq.) and part8 nerships with the National Aeronautics and 

9 Space Administration and other interested per10 sons. 

11 (D) Such other information as the Under 

12 Secretary of Defense for Acquisition and 

13 Sustainment determines to be appropriate. 

14 (3) APPROPRIATE CONGRESSIONAL COMMIT15 TEES DEFINED.—In this section the term ‘‘appro16 priate congressional committees’’ means: 

17 (A) The Committees on Armed Services of 

18 the Senate and the House of Representatives. 

19 (B) The Committee on Homeland Security 

20 and Governmental Affairs of the Senate and the 

21 Committee on Oversight and Reform of the 

22 House of Representatives. 

23 (C) The Committee on Commerce, Science, 

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1 mittee on Science, Space, and Technology of 

2 the House of Representatives. 

3 (D) The Select Committee on Intelligence 

4 of the Senate and the Permanent Select Com5 mittee on Intelligence of the House of Rep6 resentatives. 

7 (E) The Committee on Transportation and 

8 Infrastructure of the House of Representatives. 

9 (F) The Committee on Homeland Security 

10 of the House of Representatives. 

11 SEC. 12. EXCEPTIONS. 

12 (a) EXCEPTION FOR WILDFIRE MANAGEMENT OPER13 ATIONS AND SEARCH AND RESCUE OPERATIONS.—The 

14 appropriate Federal agencies, in consultation with the Sec15 retary of Homeland Security, are exempt from the pro16 curement and operation restrictions under sections 3, 4, 

17 and 5 to the extent the procurement or operation is nec18 essary for the purpose of supporting the full range of wild19 fire management operations or search and rescue oper20 ations. 

21 (b) EXCEPTION FOR INTELLIGENCE ACTIVITIES.— 

22 The elements of the intelligence community, in consulta23 tion with the Director of National Intelligence, are exempt 

24 from the procurement and operation restrictions under 

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1 ation is necessary for the purpose of supporting intel2 ligence activities. 

3 (c) EXCEPTION FOR TRIBAL LAW ENFORCEMENT OR

4 EMERGENCY SERVICE AGENCY.—Tribal law enforcement 

5 or Tribal emergency service agencies, in consultation with 

6 the Secretary of Homeland Security, are exempt from the 

7 procurement, operation, and purchase restrictions under 

8 sections 3, 4, and 5 to the extent the procurement or oper9 ation is necessary for the purpose of supporting the full 

10 range of law enforcement operations or search and rescue 

11 operations on Indian lands. 

12 SEC. 13. SUNSET. 

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

14 date that is five years after the date of the enactment of 

15 this Act. 

Æ 


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