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Code · BILL · 117th Congress · H.R. 4521 (EAS) — 112 HR 4521 EAS: United States Innovation and Competition Act of 2021 · Sec. 4404

Sec. 4404. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities

349 words·~2 min read·/bill/117/hr/4521/eas/section-4404

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Beginning on the date that is 2 years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity. The prohibition under paragraph
(1)applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems. 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 UAE 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. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations or guidance to implement this section.
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