Sec. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS
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## SEC. 817 MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS ###
(a)In General Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note) is amended— ####
(1)by redesignating subsections (b), (c), and
(d)as subsections (c), (d), and (e), respectively; ####
(2)by inserting after subsection
(a)the following new subsection: > > ### “(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.” > ; ####
(3)in subsection
(c)(as so redesignated), by striking “the restriction under subsection
(a)if the operation or procurement” and inserting “any restrictions under subsection
(a)or
(b)if the operation, procurement, or contracting action”; ####
(4)in subsection
(d)(as so redesignated)— #####
(A)by inserting “(or the Secretary’s designee)” after “The Secretary of Defense”; #####
(B)by striking “the restriction” and all that follows through “basis”inserting “any restrictions under subsections
(a)or (b)”; and #####
(C)by striking “operation or procurement” and inserting “operation, procurement, or contracting action”; and ####
(5)in subsection
(e)(as so redesignated)— #####
(A)by amending paragraph
(1)to read as follows: > > #### “(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.” > ; and #####
(B)by adding at the end the following new paragraph: > > #### “(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).” > . ###
(b)Policy Required **[**[10 U.S.C. 4871 note](/us/usc/t10/s4871)**]** Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue policy to— ####
(1)implement the requirements of section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note), as amended by this section, including by establishing a due diligence process for the Department of Defense to make determinations required by subsection
(b)of such section 848 (as amended by this section); and ####
(2)establish an appeal process for any offerors or awardees with which the Secretary has not entered into a contract or has not extended or renewed a contract pursuant to subsection
(b)of such section 848 (as amended by this section).
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Sec. 817
MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS
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