S.Amdt. 2605

SA 2605. Mrs. BRITT submitted an amendment intended to be proposed by
her 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 end of title VIII, add the following:

Subtitle F--Preventing Procurement and Operation of Humanoid Robots
From Covered Foreign Entities

SEC. 894. SHORT TITLE.

This subtitle may be cited as the ``Preventing Procurement
and Operation of Humanoid Robots from Covered Foreign
Entities Act of 2024''.

SEC. 895. DEFINITIONS.

In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council and
published in the System for Award Management (SAM). This list
will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Defense, in coordination with the Secretary of State.
(C) Any entity the Secretary of Defense, in coordination
with the Secretary of State, the Attorney General, the
Director of National Intelligence, and the Secretary of
Homeland Security, determines poses a national security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Defense, in coordination with the Secretary of State.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Humanoid robot.--The term ``humanoid robot''--
(A) means an autonomous or semi-autonomous machine that--
(i) possesses a body structure that simulates the human
form, including--

(I) a head, torso, arms, and legs, or any configuration
thereof that resembles a human silhouette; and
(II) articulated joints and limbs allowing for human-like
movement and dexterity;

(ii) is capable of performing tasks typically associated
with human activities, including--

(I) walking, running, or any other forms of bipedal or
quadrupedal locomotion;
(II) grasping, lifting, or manipulating objects using hands
or hand-like appendages; and
(III) communicating using natural language processing to
understand and respond to verbal or written commands;

(iii) operates with varying levels of autonomy, including--

(I) fully autonomous operation using integrated artificial
intelligence systems to make decisions without direct human
intervention; or
(II) semi-autonomous operation requiring human oversight,
command, or control for certain functions; and

(iv) is equipped with sensors, cameras, or other devices
that enable--

(I) environmental perception and interaction, including
recognizing and navigating physical spaces; and
(II) interaction with humans or other robots, including
understanding and responding to social cues, gestures, and
speech; and

(B) does not include--
(i) industrial robots that--

(I) are designed for repetitive, non-interactive tasks
within a controlled environment; and
(II) do not meet the criteria outlined in subparagraph (A);
and

(ii) remote-controlled devices that--

(I) lack autonomous decision-making capabilities; and
(II) do not meet the criteria outlined in subparagraph (A).

(3) Intelligence; intelligence community.--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. 896. PROHIBITION ON PROCUREMENT OF HUMANOID ROBOTS FROM
COVERED FOREIGN ENTITIES.

(a) In General.--Except as provided under subsections (b)
and (c), the Secretary of Defense may not procure any
humanoid robot that is manufactured or assembled by a covered
foreign entity.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the procurement is
required in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robots or counter-humanoid robot technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of a humanoid robot or counter-humanoid robot technology; or
(3) is a humanoid robot that, as procured or as modified
after procurement but before 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) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to the Committee on Armed Service of
the Senate and the Committee on Armed Service of the House of
Representatives.
(d) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations or guidance to implement
this section.

SEC. 897. PROHIBITION ON OPERATION OF HUMANOID ROBOTS FROM
COVERED FOREIGN ENTITIES.

(a) Prohibition.--
(1) In general.--Beginning on the date that is two years
after the date of the enactment of this Act, the Department
of Defense may not operate a humanoid robot manufactured or
assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered humanoid robot
that is being used by the Department of Defense through the
method of contracting for the services of humanoid robots.
(b) Exemption.--The Secretary of Defense is 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, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robot technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,

[[Page S4941]]

including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robot technology; or
(3) is a humanoid robot that, as procured or as modified
after procurement but before 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) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to the Committee on Armed Service of
the Senate and the Committee on Armed Service of the House of
Representatives.
(d) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations or guidance to implement
this section.

SEC. 898. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT
AND OPERATION OF HUMANOID ROBOTS 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 humanoid robot that is manufactured or
assembled by a covered foreign entity; or
(2) in connection with the operation of such a humanoid
robot.
(b) Exemption.--The Secretary of Defense is 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, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robots;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of a humanoid robot; or
(3) is a humanoid robot that, as procured or as modified
after procurement but before 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) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to the Committee on Armed Service of
the Senate and the Committee on Armed Service of the House of
Representatives.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations or guidance, as necessary, to implement
the requirements of this section pertaining to Department of
Defense contracts.

SEC. 899. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
HUMANOID ROBOTS FROM COVERED FOREIGN ENTITIES.

(a) In General.--The Department of Defense must account for
existing inventories of humanoid robots manufactured or
assembled by a covered foreign entity in its personal
property accounting system, within one year of the date of
enactment of this Act, 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 nature of
missions and operations conducted by the United States
Government, inventory data related to humanoid robots
manufactured or assembled by a covered foreign entity may be
tracked at a classified level, as determined by the Secretary
of Defense or the Secretary's designee.
(c) Exceptions.--The Department of Defense may exclude from
the full inventory process humanoid robots that are deemed
expendable due to mission risk such as recovery issues, or
that are one-time-use humanoid robots due to requirements and
low cost.
(d) Intelligence Community Exception.--Nothing in this
section shall apply to any element of the intelligence
community.

SEC. 899A. COMPTROLLER GENERAL REPORT.

Not later than 275 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report on
the amount of commercial off-the-shelf humanoid robots
procured by the Department of Defense from covered foreign
entities, except that nothing in this section shall apply to
any element of the intelligence community.

SEC. 899B. STUDY.

(a) Study on the Supply Chain for Humanoid Robots and
Components.--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
congressional committees a report on the supply chain for
humanoid robots, including a discussion of current and
projected future demand for humanoid robots.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the current and future global and
domestic market for humanoid robots that are not widely
commercially available except from a covered foreign entity.
(2) A description of the sustainability, availability,
cost, and quality of secure sources of humanoid robots
domestically and from sources in allied and partner
countries.
(3) 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
partnerships with the National Aeronautics and Space
Administration and other interested persons.
(4) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(c) Appropriate Congressional Committees Defined.--In this
section the term ``appropriate congressional committees''
means:
(1) The Committees on Armed Services of the Senate and the
House of Representatives.
(2) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
(4) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(5) The Committee on Transportation and Infrastructure of
the House of Representatives.
(6) The Committee on Homeland Security of the House of
Representatives.
(7) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.

SEC. 899C. EXCEPTION FOR INTELLIGENCE ACTIVITIES.

Sections 896, 897, and 898 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
authorized intelligence activities of the United States, or
any activity or procurement that supports an authorized
intelligence activity.
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