§ 1823. PROHIBITION ON PROCUREMENT OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.
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/usc/title-41/section-1823A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In General .— Except as provided under subsections
(b)through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements 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. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements. Exemption .— The Secretary of Homeland Security, the Secretary of Defense, the Secretary of State, and the Attorney General are exempt from the restriction under subsection
(a)if the procurement is required in the national interest of the United States and— is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. Department of Transportation and Federal Aviation Administration Exemption .— The Secretary of Transportation is exempt from the restriction under subsection
(a)if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence
(COE)and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. National Transportation Safety Board Exemption .— The National Transportation Safety Board, 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. National Oceanic and Atmospheric Administration Exemption .— The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection
(a)if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. Waiver .— The head of an executive agency may waive the prohibition under subsection
(a)on a case-by-case basis— with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and upon notification to— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Accountability in the House of Representatives; and other appropriate congressional committees of jurisdiction.