NDAA Countering CCP Drones language added by Sen Rick Scott – sUAS Information

From the Congressional Document On-line by way of the Authorities Publishing Workplace [www.gpo.gov]
SA 3098. Mr. SCOTT of Florida (for himself and Mr. Warner) submitted an modification meant to be proposed by him to the invoice S. 4638, to  authorize appropriations for fiscal yr 2025 for navy actions  of the Division of Protection, for navy development, and for  protection actions of the Division of Vitality, to prescribe navy personnel strengths for such fiscal yr, and for different functions; which 
was ordered to lie on the desk; as follows:
On the applicable place, insert the next:
SEC. ___. COUNTERING CCP DRONES.
(a) Willpower of Whether or not Unmanned Plane Techniques Producers Are Chinese language Army Firms.--Pursuant to the annual assessment required underneath part 1260H(a) of the William M. (Mac) Thornberry Nationwide Protection Authorization Act for Fiscal Yr 2021 (Public Legislation 116-283; 10 U.S.C. 113 observe), the Secretary of Protection shall decide if any entity that manufactures or assembles unmanned plane methods (as outlined in part 44801 of title 49, United States Code), or any subsidiary, guardian, affiliate, or successor of such an entity, ought to be recognized underneath such part 1260H(a) as a Chinese language navy firm working straight or not directly in the US.
(b) Addition of Sure Gear and Companies of DJI Applied sciences and Autel Robotics to Lined Communications Gear and Companies Checklist.--
(1) Basically.--Part 2 of the Safe and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) is amended--
(A) in subsection (c), by including on the finish the next:
``(5) The communications gear or service being--
``(A) communications or video surveillance gear produced or offered by-
``(i) Shenzhen Da-Jiang Improvements Sciences and Applied sciences Firm Restricted    (generally referred to as `DJI  Applied sciences');
``(ii) Autel Robotics; or
``(iii) with respect to an entity described in clause (i) 
or (ii) (referred to on this clause as a `named entity')--
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``(I) any subsidiary, affiliate, or accomplice of the named entity;
``(II) any entity in a three way partnership with the named entity; 
or
``(III) any entity to which the named entity has issued a license to supply or present that telecommunications or video surveillance gear; or
``(B) telecommunications or video surveillance providers, together with software program, offered by an entity described in subparagraph (A) or utilizing gear described in that subparagraph.
``(6)(A) The communications gear or service being any communications gear or service produced or offered by an entity--
``(i) that could be a subsidiary, affiliate, or accomplice of an entity that produces or supplies any communications gear or service described in any of paragraphs (1) by way of (5) (referred to on this subparagraph as a `coated entity');
``(ii) that's in a three way partnership with a coated entity; or
``(iii) to which a coated entity has issued a license to supply or present that communications gear or service.
``(B) An government department interagency physique described in paragraph (1) could undergo the Fee a petition to have an entity acknowledged as an entity to which subparagraph (A) applies.''; and
(B) by including on the finish the next:
``(e) Inapplicability to Licensed Intelligence 
Actions.--
``(1) Definitions.--On this subsection, the phrases 
`intelligence' and `intelligence group' have the meanings given these phrases in part 3 of the Nationwide Safety Act 
of 1947 (50 U.S.C. 3003).
``(2) Inapplicability.--However another provision of this part, an motion by the Fee underneath subsection 
(b)(1) based mostly on a dedication made underneath paragraph (5) or 
(6) of subsection (c) shall not apply with respect to any--
``(A) exercise topic to the reporting necessities underneath title V of the Nationwide Safety Act of 1947 (50 U.S.C. 3091 et seq.);
``(B) exercise of a component of the intelligence group regarding intelligence; or
``(C) exercise of, or procurement by, a component of the intelligence group in assist of an exercise regarding intelligence.''.
(2) Conforming amendments.--Part 2 of the Safe and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601)  is amended by placing ``paragraphs (1) by way of (4)'' every place that time period seems and inserting ``paragraphs (1) by way of (6)''.
(3) Efficient date.--This subsection, and the amendments made by this subsection, shall take impact on the date that's 180 days after the date of enactment of this Act.
(c) First Responder Safe Drone Program.--
(1) Definitions.--On this subsection:
(A) Eligible entity.--
(i) Basically.--The time period ``eligible entity'' means an company of an entity described in clause (ii) that has as a  major duty the upkeep of public security.
(ii) Entity described.--An entity described on this clause is any of the next:
(I) Every of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the US Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(II) A political subdivision, together with a unit of native authorities, of an entity described in subclause (I).
(III) A Tribal Authorities.
(B) Eligible small unmanned plane system.--The time period 
``eligible small unmanned plane system'' means a small unmanned plane system, as outlined partially 107 of title 14, Code of Federal Rules (or any successor regulation), that--
(i) was not designed, manufactured, or assembled, in complete 
or partially, by a overseas entity of concern; or
(ii) doesn't embrace software program or 1 or extra crucial 
parts from a overseas entity of concern.
(C) Overseas entity of concern.--The time period ``overseas entity 
of concern'' has the which means given the time period in part 9901 
of the William M. (Mac) Thornberry Nationwide Protection 
Authorization Act for Fiscal Yr 2021 (15 U.S.C. 4651).
(D) Secretary.--The time period ``Secretary'' means the Secretary 
of Transportation.
(E) Unmanned plane system.--The time period ``unmanned plane 
system'' has the which means given such time period in part 44801 of 
title 49, United States Code.
(2) Authority.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall set up a 
program, in coordination with the Lawyer Common, to be 
referred to as the First Responder Safe Drone Program, to offer 
grants to eligible entities to facilitate using eligible 
small unmanned plane methods.
(3) Use of grant quantities.--An eligible entity could use a 
grant offered underneath this subsection to--
(A) buy or lease eligible small unmanned plane 
methods;
(B) buy or lease software program, coaching, and different 
providers fairly related to the acquisition or lease of 
eligible small unmanned plane methods; and
(C) eliminate unmanned plane methods owned by the 
eligible entity.
(4) Restrictions on grant makes use of.--In administering grants 
underneath this program, the Secretary, in coordination with the 
Lawyer Common, shall guarantee funds are utilized in a fashion 
that safeguards civil liberties and mitigates cybersecurity 
dangers in regards to the operation and use of the eligible small 
unmanned plane system.
(5) Software.--To be eligible to obtain a grant underneath 
this subsection, an eligible entity shall undergo the 
Secretary an software at such time, in such type, and 
containing such info because the Secretary could require, 
together with an assurance that the eligible entity or any 
contractor of the eligible entity, will adjust to related 
Federal laws.
(6) Federal share.--
(A) Basically.--Besides as offered in subparagraph (B), 
the Federal share of the allowable prices of a mission carried 
out utilizing a grant offered underneath this subsection shall not 
exceed 50 p.c of the entire allowable mission prices.
(B) Waiver.--The Secretary could improve the Federal share 
underneath subparagraph (A) to as much as 75 p.c if an eligible 
entity--
(i) submits a written software to the Secretary 
requesting a rise within the Federal share; and
(ii) demonstrates that the extra help is 
essential to facilitate the acceptance and full use of a 
grant underneath this subsection, resulting from circumstances corresponding to 
assuaging financial hardship, assembly extra workforce 
wants, or another makes use of that the Secretary determines to be 
applicable.
(7) Sundown of program.--This system established underneath this 
subsection shall finish on the date that's the earlier of--
(A) the date on which all appropriations licensed underneath 
paragraph (7) are expended; and
(B) the date that's 2 years after the date of enactment of 
this Act.