Title 41 — Public ContractsRelease 119-73not60

§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 39— SPECIFIC TYPES OF CONTRACTS › § 1825

Last updated Apr 5, 2026|Official source

Summary

Starting December 22, 2025, federal money may not be used to buy or operate drones that are made or put together by certain foreign entities. Some officials can make exceptions. The Secretary of Homeland Security, the Secretary of Defense, the Secretary of State, and the Attorney General can use or buy such drones if it is needed for the national interest and only for activities like research, testing, training, cybersecurity work, electronic or information warfare, counterterrorism, counterintelligence, protective missions, criminal or national security investigations, or if the drone is changed so it cannot send or receive data to the foreign maker and is judged safe. The Secretary of Transportation can allow use for airspace safety and public safety, including FAA ASSURE work. The NOAA Administrator (with DHS) can allow use for NOAA science or missions. An agency head can grant a case-by-case waiver if the OMB Director approves after consulting the Federal Acquisition Security Council and after telling the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Oversight and Accountability, and other relevant congressional committees. The Federal Acquisition Regulatory Council must issue rules or guidance for federal contracts within 180 days after December 22, 2023.

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 41 — Public Contracts

Last Updated

Apr 5, 2026

Release point: 119-73not60