S.Amdt. 2208

SA 2208. Mr. SCHUMER (for himself and Mr. Rounds) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. STUDY AND REPORT ON DEPARTMENT OF DEFENSE USE OF
CHINESE-MADE UNMANNED GROUND VEHICLE SYSTEMS
AND PROHIBITION ON DEPARTMENT OF DEFENSE
PROCUREMENT AND OPERATION OF SUCH SYSTEMS.

(a) Study and Report on Use in Department of Defense
Systems of Chinese-made Unmanned Ground Vehicle Systems and
Components.--
(1) Study and report required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(A) conduct a study on the use in Department of Defense
systems of covered unmanned ground vehicle systems and
critical electronic components of such systems relating to
the collection and transmission of sensitive information,
made by covered foreign entities; and
(B) submit to the congressional defense committees a report
on the findings of the Secretary with respect to the study
conducted pursuant to subparagraph (A).
(2) Elements.--The study conducted pursuant to paragraph
(1)(A) shall cover the following:
(A) The extent to which covered unmanned ground vehicle
systems and critical electronic components of such systems
made by covered foreign entities are used by the Department.
(B) The extent to which such systems and critical
electronic components are used by contractors of the
Departments.
(C) The nature of the use described in subparagraph (B).
(D) An assessment of the national security threats
associated with using such systems and components in health
care, critical infrastructure, and emergency applications of
the Department. Such assessment shall cover concerns relating
to the following:
(i) Cybersecurity.
(ii) Autonomous decision making.
(iii) Technological maturity of the systems and components.
(iv) Technological vulnerabilities in the systems and
components that may be exploited by foreign adversaries of
the United States.
(E) Actions taken by the Department to identify and list
covered foreign entities that--
(i) develop or manufacture covered unmanned ground vehicle
systems or components of such systems; and
(ii) have a military-civil nexus on the list maintained by
the Department under section 1260H(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113 note).
(F) The feasibility and advisability of directing the
Defense Innovation Unit to develop a list of United States
manufacturers of covered unmanned ground vehicle systems and
components of such systems.
(G) Such other matters as the Secretary considers
appropriate.
(b) Prohibition on Procurement and Operation by Department
of Defense of Covered Unmanned Ground Vehicle Systems From
Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the
Secretary of Defense may not procure or operate any covered
unmanned ground vehicle system that--
(i) is manufactured or assembled by a covered foreign
entity; or

[[Page S4497]]

(ii) includes a critical electronic component of the system
relating to the collection and transmission of sensitive
information, that is manufactured or assembled by a covered
foreign entity.
(B) Applicability to contracted services.--The prohibition
under subparagraph (A) with respect to the operation of
covered unmanned ground vehicles systems applies to any such
system that is being used by the Department of Defense
through the method of contracting for the services of such
systems.
(2) Exception.--The Secretary of Defense is exempt from any
restrictions under subsection (a) in a case in which the
Secretary determines that the procurement or operation--
(A) is required in the national interest of the United
States; and
(B) is for the sole purposes of--
(i) research, evaluation, training, testing, or analysis
for electronic warfare, information warfare operations,
cybersecurity, or the development of unmanned ground vehicle
system or counter-unmanned ground vehicle system technology;
or
(ii) conducting counterterrorism or counterintelligence
activities, protective missions, Federal criminal or national
security investigations (including forensic examinations),
electronic warfare, information warfare operations,
cybersecurity activities, or the development of unmanned
ground vehicle system or counter-unmanned ground vehicle
system technology.
(c) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means any of the following:
(A) the People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea
(2) Covered foreign entity.--The term ``covered foreign
entity'' means an entity that is domiciled in a covered
foreign country or subject to influence or control by the
government of a covered foreign country, as determined by the
Secretary of Defense.
(3) Covered unmanned ground vehicle system.--The term
``covered unmanned ground vehicle system''--
(A) means a mechanical device that--
(i) is capable of locomotion, navigation, or movement on
the ground; and
(ii) operates at a distance from one or more operators or
supervisors based on commands or in response to sensor data,
or through any combination thereof; and
(B) includes--
(i) remote surveillance vehicles, autonomous patrol
technologies, mobile robotics, and humanoid robots; and
(ii) the vehicle, its payload, and any external devised
used to control the vehicle.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
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