Sec. 936. COVERED DRONE PROHIBITION
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## SEC. 936 COVERED DRONE PROHIBITION **[**[49 U.S.C. 44801 note](/us/usc/t49/s44801)**]** ###
(a)Prohibitions The Secretary is prohibited from— ####
(1)entering into, extending, or renewing a contract or awarding a grant— #####
(A)for the operation, procurement, or contracting action with respect to a covered unmanned aircraft system; or #####
(B)to an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of such contract; ####
(2)issuing a grant to a covered foreign entity for any project related to covered unmanned aircraft systems; and ####
(3)operating a covered unmanned aircraft system. ###
(b)Exemptions The Secretary is exempt from any prohibitions under subsection
(a)if the grant, operation, procurement, or contracting action is for the purposes of testing, researching, evaluating, analyzing, or training related to— ####
(1)unmanned aircraft detection systems and counter-UAS systems, including activities conducted— #####
(A)under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA; or #####
(B)by the unmanned aircraft system test ranges designated under section 44803 of title 49, United States Code; ####
(2)the safe, secure, or efficient operation of the national airspace system or maintenance of public safety; ####
(3)the safe integration of advanced aviation technologies into the national airspace system, including activities carried out under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA; ####
(4)in coordination with other relevant Federal agencies, determining security threats of covered unmanned aircraft systems; and ####
(5)intelligence, electronic warfare, and information warfare operations. ###
(c)Waivers The Secretary may waive any restrictions under subsection
(a)on a case-by-case basis by notifying the appropriate committees of Congress in writing, not later than 15 days after waiving such restrictions, that the procurement or other activity is in the public interest. ###
(d)Replacement of Certain Unmanned Aircraft Systems ####
(1)In general The Secretary shall take such actions as are necessary to replace any covered unmanned aircraft system that is owned or operated by the Department of Transportation as of the date of enactment of this Act with an unmanned aircraft system manufactured in the United States or an allied country (as such term is defined in section 2350f(d)(1) of title 10, United States Code) if the capabilities of such covered unmanned aircraft system are consequential to the work of the Department or the mission of the Department. ####
(2)Funding There is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection. ###
(e)Effective Dates ####
(1)Operations The prohibitions under paragraphs
(1)and
(3)of subsection
(a)shall be in effect on the date of enactment of this Act. ####
(2)Grants The prohibitions under paragraphs
(1)and
(2)of subsection
(a)shall— #####
(A)not apply to grants awarded before the date of enactment of this Act; and #####
(B)apply to grants awarded after the date of enactment of this Act. ###
(f)Application of Prohibitions The prohibitions under subsection
(a)are applicable to all offices and programs of the Department of Transportation, including— ####
(1)aviation research grant programs; ####
(2)aviation workforce development programs established under section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note); ####
(3)FAA Air Transportation Centers of Excellence; ####
(4)programs established under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note); and ####
(5)the airport improvement program under subchapter I of chapter 471 of title 49, United States Code. ###
(g)Rule of Construction Nothing in this section shall prevent a State, local, Tribal, or territorial governmental agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal funding. ###
(h)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. #####
(E)The Bolivarian Republic of Venezuela. #####
(F)The Republic of Cuba. #####
(G)Any other country the Secretary determines necessary. ####
(2)Covered foreign entity The term “covered foreign entity” means— #####
(A)an entity included on the list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management; #####
(B)an entity included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce; #####
(C)an entity that is domiciled in, or under the influence or control of, a covered foreign country; or #####
(D)an entity that is a subsidiary or affiliate of an entity described under subparagraphs
(A)through (C). ####
(3)Covered unmanned aircraft system The term “covered unmanned aircraft system” means— #####
(A)a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the associated elements of such aircraft and aircraft systems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and #####
(B)an unmanned aircraft detection system or counter-UAS system that is manufactured or assembled by a covered foreign entity.
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