Sec. 848. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS
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## SEC. 848 PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS **[**[10 U.S.C. 2302 note](/us/usc/t10/s2302)**]** ###
(a)Prohibition on Agency Operation or Procurement The Secretary of Defense may not operate or enter into or renew a contract for the procurement of— ####
(1)a covered unmanned aircraft system that— #####
(A)is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; #####
(B)uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; #####
(C)uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or #####
(D)uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or ####
(2)a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems. ###
(b)Prohibition on Certain Contracts The Secretary of Defense may not enter into a contract (or extend or renew a contract) on or after October 1, 2024, with an entity that operates (as determined by the Secretary or the Secretary’s designee) equipment from a covered unmanned aircraft system company in the performance of a Department of Defense contract. ###
(c)Exemption The Secretary of Defense is exempt from any restrictions under subsection
(a)or
(b)if the operation, procurement, or contracting action is for the purposes of— ####
(1)Counter-UAS surrogate testing and training; or ####
(2)intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. ###
(d)Waiver The Secretary of Defense (or the Secretary’s designee) may waive any restrictions under subsections
(a)or
(b)by certifying in writing to the congressional defense committees that the operation, procurement, or contracting action is required in the national interest of the United States. ###
(e)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 unmanned aircraft system The term “covered unmanned aircraft system” means an unmanned aircraft system and any related services and equipment. ####
(3)Covered unmanned aircraft system company The term “covered unmanned aircraft system company” means any of the following: #####
(A)Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations). #####
(B)Any entity that produces or provides unmanned aircraft systems and is included on Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce. #####
(C)Any entity that produces or provides unmanned aircraft systems and— ######
(i)is domiciled in a covered foreign country; or ######
(ii)is subject to unmitigated foreign ownership, control or influence by a covered foreign country, as determined by the Secretary of Defense unmitigated foreign ownership, control or influence in accordance with the National Industrial Security Program (or any successor to such program).
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Sec. 848
PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS
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