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Saturday, November 23, 2024

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 building, and for protection actions of the Division of Power, 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 acceptable place, insert the next:

SEC. ___. COUNTERING CCP DRONES.

(a) Willpower of Whether or not Unmanned Plane Methods Producers Are Chinese language Navy Corporations.--Pursuant to the annual evaluate required underneath part 1260H(a) of the William M. (Mac) Thornberry Nationwide Protection Authorization Act for Fiscal Yr 2021 (Public Regulation 116-283; 10 U.S.C. 113 word), 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, dad or mum, affiliate, or successor of such an entity, ought to be recognized underneath such part 1260H(a) as a Chinese language navy firm working immediately or not directly in america.
(b) Addition of Sure Gear and Providers of DJI Applied sciences and Autel Robotics to Lined Communications Gear and Providers Checklist.--
(1) Generally.--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 tools or service being--
``(A) communications or video surveillance tools produced or offered by-
``(i) Shenzhen Da-Jiang Improvements Sciences and Applied sciences Firm Restricted (generally often called `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')--

[[Page S5409]]

``(I) any subsidiary, affiliate, or associate 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 provide or present that telecommunications or video surveillance tools; or
``(B) telecommunications or video surveillance companies, together with software program, offered by an entity described in subparagraph (A) or utilizing tools described in that subparagraph.
``(6)(A) The communications tools or service being any communications tools or service produced or offered by an entity--
``(i) that may be a subsidiary, affiliate, or associate of an entity that produces or supplies any communications tools or service described in any of paragraphs (1) by way of (5) (referred to on this subparagraph as a `lined entity');
``(ii) that's in a three way partnership with a lined entity; or
``(iii) to which a lined entity has issued a license to provide or present that communications tools 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) primarily based 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 referring to intelligence; or
``(C) exercise of, or procurement by, a component of the intelligence group in assist of an exercise referring to intelligence.''.
(2) Conforming amendments.--Part 2 of the Safe and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) is amended by hanging ``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) Generally.--The time period ``eligible entity'' means an company of an entity described in clause (ii) that has as a major accountability 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, america 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 partly 107 of title 14, Code of Federal Laws (or any successor regulation), that--
(i) was not designed, manufactured, or assembled, in entire
or partly, by a international entity of concern; or
(ii) doesn't embrace software program or 1 or extra important
parts from a international entity of concern.
(C) Overseas entity of concern.--The time period ``international entity
of concern'' has the that 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 that 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 Legal professional Normal, to be
often called 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
companies moderately related to the acquisition or lease of
eligible small unmanned plane methods; and
(C) get rid of 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
Legal professional Normal, shall guarantee funds are utilized in a way
that safeguards civil liberties and mitigates cybersecurity
dangers regarding the operation and use of the eligible small
unmanned plane system.
(5) Utility.--To be eligible to obtain a grant underneath
this subsection, an eligible entity shall undergo the
Secretary an utility 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) Generally.--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 % of the whole allowable mission prices.
(B) Waiver.--The Secretary could enhance the Federal share
underneath subparagraph (A) to as much as 75 % if an eligible
entity--
(i) submits a written utility 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 reminiscent of
assuaging financial hardship, assembly further workforce
wants, or another makes use of that the Secretary determines to be
acceptable.
(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.


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