Title 41Public ContractsRelease 119-73

§1825 PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT AND OPERATION OF COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES.

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 39— - SPECIFIC TYPES OF CONTRACTS › § 1825

Last updated Apr 6, 2026|Official source

Summary

Starting two years after Dec. 22, 2023, federal money given by contract, grant, or other awards must not be used to buy or run drones or unmanned aircraft that are made or put together by certain foreign companies. Some officials and agencies can allow exceptions. The Secretary of Homeland Security, Secretary of Defense, Secretary of State, and the Attorney General can allow use if it is needed for the national interest and is only for research, testing, training, developing drone or anti-drone tech, electronic or information warfare, cybersecurity, or for counterterrorism, counterintelligence, protective missions, or federal criminal or national security investigations. They can also allow a drone if it is made or changed so it cannot send or download data to the foreign company and is judged free of security risks. The Secretary of Transportation can allow use when needed to keep the national airspace safe or protect public safety, including work under the FAA’s ASSURE Center. The NOAA Administrator, with Homeland Security’s input, can allow use for NOAA’s science or missions. An agency head may waive the ban case-by-case if the Director of OMB approves after consulting the Federal Acquisition Security Council and Congress is notified (including the Senate Committee on Homeland Security and Governmental Affairs and the House Committee on Oversight and Accountability). The Federal Acquisition Regulatory Council must issue rules or guidance within 180 days after Dec. 22, 2023 to apply these rules to federal contracts.

Full Legal Text

Title 41, §1825

Public Contracts — Source: USLM XML via OLRC

“(a)Beginning on the date that is two years after the date of the enactment of this Act [Dec. 22, 2023], except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used—
“(1)to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or
“(2)in connection with the operation of such a drone or unmanned aircraft system.
“(b)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 or operation is required in the national interest of the United States and—
“(1)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;
“(2)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
“(3)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.
“(c)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.
“(d)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 operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.
“(e)The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—
“(1)with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and
“(2)upon notification to—
“(A)the Committee on Homeland Security and Governmental Affairs of the Senate;
“(B)the Committee on Oversight and Accountability in the House of Representatives; and
“(C)other appropriate congressional committees of jurisdiction.
“(f)Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts.

Reference

Citations & Metadata

Citation

41 U.S.C. § 1825

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73