I 
118TH CONGRESS 
1ST SESSION H. R. 6143 
To provide for drone security. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 1, 2023 
Mr. GALLAGHER (for himself, Mr. COURTNEY, Mr. KRISHNAMOORTHI, and 
Mr. WITTMAN) introduced the following bill; which was referred to the 
Committee on Oversight and Accountability, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide for drone security. 
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 ‘‘American Security 
Drone Act of 2023’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COVERED
FOREIGN
ENTITY.—The term 
‘‘covered foreign entity’’ means an entity included on 
a list developed and maintained by the Federal Ac-
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quisition Security Council and published in the Sys-
tem for Award Management (SAM). This list will in-
clude entities in the following categories: 
(A) An entity included on the Consolidated 
Screening List. 
(B) Any entity the Secretary of Homeland 
Security, in coordination with the Secretary of 
State, the Attorney General, Director of Na-
tional Intelligence, and the Secretary of De-
fense, determines poses a national security risk. 
(C) Any entity domiciled in the People’s 
Republic of China or subject to influence or 
owned or controlled by the Government of the 
People’s Republic of China or the Communist 
Party of the People’s Republic of China, as de-
termined by the Secretary of Homeland Secu-
rity, in coordination with the Secretary of 
State. 
(D) 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 sys-
tem’’ in section 44801 of title 49, United States 
Code. 
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(3) INTELLIGENCE; 
INTELLIGENCE
COMMU-
NITY.—The terms ‘‘intelligence’’ and ‘‘intelligence 
community’’ have the meanings given those terms in 
section 3 of the National Security Act of 1947 (50 
U.S.C. 3003). 
SEC. 3. PROHIBITION ON PROCUREMENT OF COVERED UN-
MANNED AIRCRAFT SYSTEMS FROM COV-
ERED FOREIGN ENTITIES. 
(a) IN GENERAL.—Except as provided under sub-
sections (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 (con-
sisting of communication links and the components that 
control the unmanned aircraft) that enable the operator 
to operate the aircraft in the National Airspace System. 
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 Secu-
rity, the Secretary of State, the Secretary of Defense, 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— 
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(1) is for the sole purposes of research, evalua-
tion, training, testing, or analysis for electronic war-
fare, 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 examina-
tions, or for electronic warfare, information warfare 
operations, cybersecurity, or development of an un-
manned aircraft system or counter-unmanned air-
craft system technology; or 
(3) is an unmanned aircraft system that, as 
procured or as modified after procurement but be-
fore 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 FED-
ERAL
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 
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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 sup-
port the safe, secure, or efficient operation of the National 
Airspace System or maintenance of public safety, as deter-
mined 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 Se-
curity, 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 ADMIN-
ISTRATION EXEMPTION.—The Administrator of the Na-
tional 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— 
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(1) with the approval of the Director of the Of-
fice of Management and Budget, after consultation 
with the Federal Acquisition Security Council; and 
(2) upon notification to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Oversight and Ac-
countability in the House of Representatives; 
and 
(C) other appropriate congressional com-
mittees of jurisdiction. 
SEC. 4. PROHIBITION ON OPERATION OF COVERED UN-
MANNED AIRCRAFT SYSTEMS FROM COV-
ERED FOREIGN ENTITIES. 
(a) PROHIBITION.— 
(1) 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
SERV-
ICES.—The prohibition under paragraph (1) applies 
to any covered unmanned aircraft systems that are 
being used by any executive agency through the 
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method of contracting for the services of covered un-
manned aircraft systems. 
(b) EXEMPTION.—The Secretary of Homeland Secu-
rity, the Secretary of State, the Secretary of Defense, 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, evalua-
tion, training, testing, or analysis for electronic war-
fare, 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 examina-
tions, or for electronic warfare, information warfare 
operations, cybersecurity, or development of an un-
manned aircraft system or counter-unmanned air-
craft system technology; or 
(3) is an unmanned aircraft system that, as 
procured or as modified after procurement but be-
fore operational use, can no longer transfer to, or 
download data from, a covered foreign entity and 
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otherwise poses no national security cybersecurity 
risks as determined by the exempting official. 
(c) DEPARTMENT OF TRANSPORTATION AND FED-
ERAL
AVIATION
ADMINISTRATION
EXEMPTION.—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 Air-
space System or maintenance of public safety, including 
activities carried out under the Federal Aviation Adminis-
tration’s Alliance for System Safety of UAS through Re-
search 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 Sec-
retary or the Secretary’s designee. 
(d) NATIONAL TRANSPORTATION SAFETY BOARD 
EXEMPTION.—The 
National 
Transportation 
Safety 
Board, in consultation with the Secretary of Homeland Se-
curity, is exempt from the restriction under subsection (a) 
if the operation is necessary for the sole purpose of con-
ducting safety investigations. 
(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION EXEMPTION.—The Administrator of the Na-
tional Oceanic and Atmospheric Administration (NOAA), 
in consultation with the Secretary of Homeland Security, 
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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 Of-
fice of Management and Budget, after consultation 
with the Federal Acquisition Security Council; and 
(2) upon notification to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Oversight and Ac-
countability in the House of Representatives; 
and 
(C) other appropriate congressional com-
mittees of jurisdiction. 
(g) 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, the Secretary of State, and the Sec-
retary of Transportation, shall prescribe regulations or 
guidance to implement this section. 
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SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS FOR 
PROCUREMENT AND OPERATION OF COV-
ERED UNMANNED AIRCRAFT SYSTEMS FROM 
COVERED FOREIGN ENTITIES. 
(a) 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 sys-
tem 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 Secu-
rity, the Secretary of State, the Secretary of Defense, 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, evalua-
tion, training, testing, or analysis for electronic war-
fare, information warfare operations, cybersecurity, 
or development of unmanned aircraft system or 
counter-unmanned aircraft system technology; 
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(2) is for the sole purposes of conducting 
counterterrorism or counterintelligence activities, 
protective missions, or Federal criminal or national 
security investigations, including forensic examina-
tions, or for electronic warfare, information warfare 
operations, cybersecurity, or development of an un-
manned aircraft system or counter-unmanned air-
craft system technology; or 
(3) is an unmanned aircraft system that, as 
procured or as modified after procurement but be-
fore 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 FED-
ERAL
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 sup-
port the safe, secure, or efficient operation of the National 
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Airspace System or maintenance of public safety, as deter-
mined by the Secretary or the Secretary’s designee. 
(d) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION EXEMPTION.—The Administrator of the Na-
tional 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 Of-
fice of Management and Budget, after consultation 
with the Federal Acquisition Security Council; and 
(2) upon notification to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Oversight and Ac-
countability in the House of Representatives; 
and 
(C) other appropriate congressional com-
mittees of jurisdiction. 
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(f) 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 COV-
ERED FOREIGN ENTITIES. 
Effective immediately, Government-issued Purchase 
Cards may not be used to procure any covered unmanned 
aircraft system from a covered foreign entity. 
SEC. 7. MANAGEMENT OF EXISTING INVENTORIES OF COV-
ERED UNMANNED AIRCRAFT SYSTEMS FROM 
COVERED FOREIGN ENTITIES. 
(a) IN GENERAL.—All executive agencies must ac-
count for existing inventories of covered unmanned air-
craft systems manufactured or assembled by a covered for-
eign entity in their personal property accounting systems, 
within one year of the date of enactment of this Act, re-
gardless of the original procurement cost, or the purpose 
of procurement due to the special monitoring and account-
ing measures necessary to track the items’ capabilities. 
(b) CLASSIFIED TRACKING.—Due to the sensitive na-
ture of missions and operations conducted by the United 
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States Government, inventory data related to covered un-
manned aircraft systems manufactured or assembled by 
a covered foreign entity may be tracked at a classified 
level, as determined by the Secretary of Homeland Secu-
rity or the Secretary’s designee. 
(c) EXCEPTIONS.—The Department of Defense, the 
Department of Homeland Security, the Department of 
State, the Department of Justice, the Department of 
Transportation, and the National Oceanic and Atmos-
pheric 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.—Noth-
ing in this section shall apply to any element of the intel-
ligence community. 
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 covered foreign entities, except that nothing 
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in this section shall apply to any element of the intel-
ligence community. 
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, the Department of 
State, and other Departments as determined by the Direc-
tor of the Office of Management and Budget, and in con-
sultation 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-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 trans-
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mitting Federal information in an unmanned aircraft sys-
tem: 
(1) Protections to ensure controlled access to 
an unmanned aircraft system. 
(2) Protecting software, firmware, and hard-
ware 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. 
(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 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 re-
quired by law or regulation and an ability to choose 
with whom and where information is shared when it 
is required. 
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(c) REQUIREMENT.—The policy developed under sub-
section (a) shall reflect an appropriate risk-based ap-
proach to information security related to use of an un-
manned aircraft system. 
(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— 
(1) incorporate policies to implement the ex-
emptions contained in this Act; and 
(2) 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 
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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) the time period over which the 
waiver applies, which shall not exceed three 
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 Account-
ability of the House of Representatives. 
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SEC. 10. STATE, LOCAL, AND TERRITORIAL LAW ENFORCE-
MENT AND EMERGENCY SERVICE EXEMP-
TION. 
(a) RULE OF CONSTRUCTION.—Nothing in this Act 
shall prevent a State, local, or territorial law enforcement 
or emergency service agency from procuring or operating 
a covered unmanned aircraft system purchased with non- 
Federal dollars. 
(b) CONTINUITY OF ARRANGEMENTS.—The Federal 
Government may continue entering into contracts, grants, 
and cooperative agreements or other Federal funding in-
struments with State, local, or territorial law enforcement 
or emergency service agencies under which a covered un-
manned 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 1095. 
SEC. 11. 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 con-
gressional committees a report on the supply chain 
for covered unmanned aircraft systems, including a 
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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 un-
manned 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 domesti-
cally and from sources in allied and partner 
countries. 
(C) 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 part-
nerships with the National Aeronautics and 
Space Administration and other interested per-
sons. 
(D) Such other information as the Under 
Secretary of Defense for Acquisition and 
Sustainment determines to be appropriate. 
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(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this section the term ‘‘appro-
priate congressional committees’’ means: 
(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 Com-
mittee on Science, Space, and Technology of 
the House of Representatives. 
(D) The Select Committee on Intelligence 
of the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Rep-
resentatives. 
(E) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(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. 
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SEC. 12. EXCEPTIONS. 
(a) EXCEPTION FOR WILDFIRE MANAGEMENT OPER-
ATIONS AND SEARCH AND RESCUE OPERATIONS.—The 
appropriate Federal agencies, in consultation with the Sec-
retary of Homeland Security, are exempt from the pro-
curement and operation restrictions under sections 3, 4, 
and 5 to the extent the procurement or operation is nec-
essary for the purpose of supporting the full range of wild-
fire management operations or search and rescue oper-
ations. 
(b) EXCEPTION FOR INTELLIGENCE ACTIVITIES.— 
Sections 3, 4, and 5 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 au-
thorized intelligence activities of the United States, or any 
activity or procurement that supports an authorized intel-
ligence 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 3, 4, and 5 to the extent the procurement or oper-
ation is necessary for the purpose of supporting the full 
range of law enforcement operations or search and rescue 
operations on Indian lands. 
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SEC. 13. SUNSET. 
Sections 3, 4, and 5 shall cease to have effect on the 
date that is five years after the date of the enactment of 
this Act. 
Æ 
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