I 
117TH CONGRESS 
1ST SESSION H. R. 5640 
To ban the Federal procurement of certain drones and other unmanned 
aircraft systems, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2021 
Mr. GOODEN of Texas introduced the following bill; which was referred to the 
Committee on Oversight and Reform 
A BILL 
To ban the Federal procurement of certain drones and other 
unmanned aircraft systems, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Acquiring For-
eign Espionage Act of 2021’’ or the ‘‘SAFE Drones Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED UNMANNED AIRCRAFT SYSTEM.— 
The term ‘‘covered unmanned aircraft system’’ has 
the meaning given the term ‘‘unmanned aircraft sys-
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tem’’ in section 44801 of title 49, United States 
Code. 
(2) FOREIGN ADVERSARY.—The term ‘‘foreign 
adversary’’ has the meaning given such term in sec-
tion 8(c) of the Secure and Trusted Communications 
Networks Act of 2019 (47 U.S.C. 1607(c)). 
SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-
MANNED AIRCRAFT SYSTEMS FROM FOREIGN 
ADVERSARIES. 
(a) IN GENERAL.—Except as provided under sub-
sections (b) though (f), the head of an executive agency 
may not procure any covered unmanned aircraft system 
that are manufactured or assembled by a foreign adver-
sary, which includes associated elements (consisting of 
communication links and the components that control the 
unmanned aircraft) that are required for the operator to 
operate safely and efficiently in the national airspace sys-
tem. The Federal Acquisition Security Council, in coordi-
nation with the Secretary of Transportation, shall develop 
and update a list of associated elements. 
(b) EXEMPTION.—The Secretary of Homeland Secu-
rity, the Secretary of Defense, and the Attorney General 
are exempt from the restriction under subsection (a) if the 
operation or procurement— 
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(1) is for the sole purposes of research, evalua-
tion, training, testing, or analysis for— 
(A) electronic warfare; 
(B) information warfare operations; 
(C) development of UAS or counter-UAS 
technology; 
(D) counterterrorism or counterintelligence 
activities; or 
(E) Federal criminal or national security 
investigations, including forensic examinations; 
and 
(2) is required in the national interest of the 
United States. 
(c) FEDERAL AVIATION ADMINISTRATION CENTER 
OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS 
EXEMPTION.—The Secretary of Transportation, in con-
sultation with the Secretary of Homeland Security, is ex-
empt from the restriction under subsection (a) if the oper-
ation or procurement is for the sole purposes of research, 
evaluation, training, testing, or analysis for the Federal 
Aviation Administration’s Alliance for System Safety of 
UAS through Research Excellence (ASSURE) Center of 
Excellence (COE) for Unmanned Aircraft Systems. 
(d) NATIONAL TRANSPORTATION SAFETY BOARD 
EXEMPTION.—The National Transportation Safety Board 
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(NTSB), 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 ATMOSPHERIC ADMINISTRA-
TION EXEMPTION.—The Administrator of the National 
Oceanic Atmospheric Administration (NOAA), in con-
sultation with the Secretary of Homeland Security, is ex-
empt from the restriction under subsection (a) if the oper-
ation or procurement is necessary for the sole purpose of 
marine or atmospheric science or management. 
(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 Secretary of Home-
land Security or the Secretary of Defense; and 
(2) upon notification to Congress. 
SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-
MANNED AIRCRAFT SYSTEMS FROM FOREIGN 
ADVERSARIES. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Beginning on the date that 
is 2 years after the date of the enactment of this 
Act, no Federal department or agency may operate 
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a covered unmanned aircraft system manufactured 
or assembled by a foreign adversary. 
(2) APPLICABILITY
TO
CONTRACTED
SERV-
ICES.—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 un-
manned aircraft systems. 
(b) EXEMPTION.—The Secretary of Homeland Secu-
rity, the Secretary of Defense, and the Attorney General 
are exempt from the restriction under subsection (a) if the 
operation or procurement— 
(1) is for the sole purposes of research, evalua-
tion, training, testing, or analysis for— 
(A) electronic warfare; 
(B) information warfare operations; 
(C) development of UAS or counter-UAS 
technology; 
(D) counterterrorism or counterintelligence 
activities; or 
(E) Federal criminal or national security 
investigations, including forensic examinations; 
and 
(2) is required in the national interest of the 
United States. 
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(c) FEDERAL AVIATION ADMINISTRATION CENTER 
OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS 
EXEMPTION.—The Secretary of Transportation, in con-
sultation with the Secretary of Homeland Security, is ex-
empt from the restriction under subsection (a) if the oper-
ation or procurement is for the sole purposes of research, 
evaluation, training, testing, or analysis for the Federal 
Aviation Administration’s Alliance for System Safety of 
UAE through Research Excellence (ASSURE) Center of 
Excellence (COE) for Unmanned Aircraft Systems. 
(d) NATIONAL TRANSPORTATION SAFETY BOARD 
EXEMPTION.—The National Transportation Safety Board 
(NTSB), 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 ATMOSPHERIC ADMINISTRA-
TION EXEMPTION.—The Administrator of the National 
Oceanic Atmospheric Administration (NOAA), in con-
sultation with the Secretary of Homeland Security, is ex-
empt from the restriction under subsection (a) if the oper-
ation or procurement is necessary for the sole purpose of 
marine or atmospheric science or management. 
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(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 Secretary of Home-
land Security or the Secretary of Defense; and 
(2) upon notification to Congress. 
(g) REGULATIONS AND GUIDANCE.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall prescribe regula-
tions or guidance to implement this section. 
SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
PURCHASES AND OPERATION OF COVERED 
UNMANNED AIRCRAFT SYSTEMS FROM FOR-
EIGN ADVERSARIES. 
(a) IN GENERAL.—Beginning on the date that is 2 
years after the date of the enactment of this Act, except 
as provided in subsection (b), no Federal funds awarded 
through a contract, grant, or cooperative agreement, or 
otherwise made available may be used— 
(1) to purchase a covered unmanned aircraft 
system, or a system to counter unmanned aircraft 
systems, that is manufactured or assembled by a 
foreign adversary; or 
(2) in connection with the operation of such a 
drone or unmanned aircraft system. 
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(b) EXEMPTION.—A Federal department or agency 
is exempt from the restriction under subsection (a) if— 
(1) the contract, grant, or cooperative agree-
ment was awarded prior to the date of the enact-
ment of this Act; or 
(2) the operation or procurement is for the sole 
purposes of research, evaluation, training, testing, or 
analysis, as determined by the Secretary of Home-
land Security, the Secretary of Defense, or the At-
torney General, for— 
(A) electronic warfare; 
(B) information warfare operations; 
(C) development of UAS or counter-UAS 
technology; 
(D) counterterrorism or counterintelligence 
activities; or 
(E) Federal criminal or national security 
investigations, including forensic examinations; 
or 
(F) the safe integration of UAS in the na-
tional airspace (as determined in consultation 
with the Secretary of Transportation); and 
(3) is required in the national interest of the 
United States. 
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(c) 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 Secretary of Home-
land Security or the Secretary of Defense; and 
(2) upon notification to Congress. 
(d) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Acquisi-
tion Regulatory Council shall prescribe regulations or 
guidance, as necessary, to implement the requirements of 
this section pertaining to Federal contracts. 
SEC. 6. PROHIBITION ON USE OF GOVERNMENT-ISSUED 
PURCHASE CARDS TO PURCHASE COVERED 
UNMANNED AIRCRAFT SYSTEMS FROM FOR-
EIGN ADVERSARIES. 
Effective immediately, Government-issued Purchase 
Cards may not be used to procure any covered unmanned 
aircraft system from a foreign adversary. 
SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV-
ERED UNMANNED AIRCRAFT SYSTEMS FROM 
FOREIGN ADVERSARIES. 
(a) IN GENERAL.—Effective immediately, all execu-
tive agencies must account for existing inventories of cov-
ered unmanned aircraft systems manufactured or assem-
bled by a foreign adversary in their personal property ac-
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counting systems, regardless of the original procurement 
cost, or the purpose of procurement due to the special 
monitoring and accounting measures necessary to track 
the items’ capabilities. 
(b) CLASSIFIED TRACKING.—Due to the sensitive na-
ture of missions and operations conducted by the United 
States Government, inventory data related to covered un-
manned aircraft systems manufactured or assembled by 
a foreign adversary may be tracked at a classified level. 
(c) EXCEPTIONS.—The Department of Defense and 
Department of Homeland Security may exclude from the 
full inventory process, covered unmanned aircraft systems 
that are deemed expendable due to mission risk such as 
recovery issues or that are one-time-use covered unmanned 
aircraft due to requirements and low cost. 
SEC. 8. COMPTROLLER GENERAL REPORT. 
Not later than 275 days after the date of the enact-
ment 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 foreign adversaries. 
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SEC. 9. GOVERNMENT-WIDE POLICY FOR PROCUREMENT 
OF UNMANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of the Of-
fice of Management and Budget, in coordination with the 
Department of Homeland Security, Department of Trans-
portation, the Department of Justice, and other Depart-
ments as determined by the Director of the Office of Man-
agement and Budget, and in consultation with the Na-
tional Institute of Standards and Technology, shall estab-
lish a government-wide policy for the procurement of 
UAS— 
(1) for non-Department of Defense and non-in-
telligence community operations; and 
(2) through grants and cooperative agreements 
entered into with non-Federal entities. 
(b) INFORMATION SECURITY.—The policy developed 
under subsection (a) shall include the following specifica-
tions, which to the extent practicable, shall be based on 
industry standards and technical guidance from the Na-
tional Institute of Standards and Technology, to address 
the risks associated with processing, storing and transmit-
ting Federal information in a UAS: 
(1) Protections to ensure controlled access of 
UAS. 
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(2) Protecting software, firmware, and hard-
ware by ensuring changes to UAS are properly man-
aged, including by ensuring UAS can be updated 
using a secure, controlled, and configurable mecha-
nism. 
(3) Cryptographically securing sensitive col-
lected, stored, and transmitted data, including prop-
er handling of privacy data and other controlled un-
classified information. 
(4) Appropriate safeguards necessary to protect 
sensitive information, including during and after use 
of UAS. 
(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 re-
quired 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 sub-
section (a) shall reflect an appropriate risk-based ap-
proach to information security related to use of UAS. 
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(d) 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 nec-
essary, to implement the policy. 
(e) EXEMPTION.—In developing the policy required 
under subsection (a), the Director of the Office of Man-
agement and Budget shall incorporate an exemption to the 
policy for the following reasons: 
(1) In the case of procurement for the purposes 
of training, testing, or analysis for— 
(A) electronic warfare; or 
(B) information warfare operations. 
(2) In the case of researching UAS technology, 
including testing, evaluation, research, or develop-
ment of technology to counter UAS. 
(3) In the case of a head of the procuring de-
partment or agency determining, in writing, that no 
product that complies with the information security 
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requirements described in subsection (b) is capable 
of fulfilling mission critical performance require-
ments, and such determination— 
(A) may not be delegated below the level of 
the Deputy Secretary of the procuring depart-
ment or agency; 
(B) shall specify— 
(i) the quantity of end items to which 
the waiver applies, the procurement value 
of which may not exceed $50,000 per waiv-
er; and 
(ii) the time period over which the 
waiver applies, which shall not exceed 3 
years; 
(C) shall be reported to the Office of Man-
agement and Budget following issuance of such 
a determination; and 
(D) not later than 30 days after the date 
on which the determination is made, shall be 
provided to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate 
and the Committee on Oversight and Reform of 
the House of Representatives. 
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SEC. 10. STUDY. 
(a) INDEPENDENT STUDY.—Not later than 3 years 
after the date of the enactment of this Act, the Director 
of the Office of Management and Budget shall seek to 
enter into a contract with a federally funded research and 
development center under which the center will conduct 
a study of— 
(1) the current and future unmanned aircraft 
system global and domestic market; 
(2) the ability of the unmanned aircraft system 
domestic market to keep pace with technological ad-
vancements across the industry; 
(3) the ability of domestically made unmanned 
aircraft systems to meet the network security and 
data protection requirements of the national security 
enterprise; 
(4) the extent to which unmanned aircraft sys-
tem component parts, such as the parts described in 
section 3, are made domestically; and 
(5) an assessment of the economic impact, in-
cluding cost, of excluding the use of foreign-made 
UAS for use across the Federal Government. 
(b) SUBMISSION TO OMB.—Upon completion of the 
study in subsection (a), the federally funded research and 
development center shall submit the study to the Director 
of the Office of Management and Budget. 
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(c) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Director of the Office 
of Management and Budget receives the study under sub-
section (b), the Director shall submit the study to— 
(1) the Committee on Homeland Security and 
Governmental Affairs and the Select Committee on 
Intelligence of the Senate; and 
(2) the Committee on Homeland Security and 
the Committee on Oversight and Reform and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 11. SUNSET. 
Sections 3, 4, and 5 shall cease to have effect on the 
date that is 5 years after the date of the enactment of 
this Act. 
Æ 
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