Title 41 — Public ContractsRelease 119-73not60

§1824 Prohibition on Operation of Covered Unmanned Aircraft Systems From Covered Foreign Entities.

Title 41 › Subtitle Subtitle I— Federal Procurement Policy › Chapter 39— SPECIFIC TYPES OF CONTRACTS › § 1824

Last updated Apr 5, 2026|Official source

Summary

Federal agencies may not operate covered drones made or assembled by covered foreign companies starting two years after Dec. 22, 2023 (that is Dec. 22, 2025). The ban also covers drones used by agencies when they hire outside contractors to fly or run them. The Secretaries of Homeland Security, Defense, and State, and the Attorney General can allow use in the national interest for limited reasons: research, testing, training, evaluation, or development related to electronic or information warfare, cybersecurity, or drone and counter‑drone technology; for counterterrorism, counterintelligence, protective missions, or federal criminal or national security investigations (including forensics); or if the drone is bought or changed so it cannot send or get data to the foreign maker and an authorized official finds no security risk. The Transportation Secretary can allow use for safe, secure, or efficient operation of the National Airspace System (including ASSURE COE work). The NTSB may use them for safety investigations, and NOAA may use them for its science or mission needs. Agency heads can grant one‑time waivers with OMB approval after consulting the Federal Acquisition Security Council and must notify the listed congressional committees. Within 180 days after Dec. 22, 2023, the Secretary of Homeland Security, with the Attorney General and Transportation Secretary, must issue rules or guidance to implement these rules.

Full Legal Text

Title 41, §1824

Public Contracts — Source: USLM XML via OLRC

“(a)“(1)Beginning on the date that is two years after the date of the enactment of this Act [Dec. 22, 2023], no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity.

“(2)The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems.

“(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 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 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 National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations.

“(e)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.

“(f)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.

“(g)Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section.

Reference

Citations & Metadata

Citation

41 U.S.C. § 1824

Title 41 — Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60