Sec. 4403. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities
336 words·~2 min read·
/bill/117/hr/4521/eas/section-4403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided under subsections
(b)though (f), the head of an executive agency may not procure any covered unmanned aircraft system that are manufactured or assembled by a covered foreign entity, which includes associated elements (consisting of communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently 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. The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under subsection
(a)if the operation or procurement— is for the sole purposes of research, evaluation, training, testing, or analysis for— electronic warfare; information warfare operations; development of UAS or counter-UAS technology; counterterrorism or counterintelligence activities; or Federal criminal or national security investigations, including forensic examinations; and is required in the national interest of the United States. The Secretary of Transportation, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection
(a)if the operation or procurement is for the sole purposes of research, evaluation, training, testing, or analysis for the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence
(COE)for Unmanned Aircraft Systems. The National Transportation Safety Board (NTSB), 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 sole purpose of conducting safety investigations. The Administrator of the National Oceanic 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 sole purpose of marine or atmospheric science or management. The head of an executive agency may waive the prohibition under subsection
(a)on a case-by-case basis— with the approval of the Secretary of Homeland Security or the Secretary of Defense; and upon notification to Congress.