American Security Drone Act Of 2023
On December 22, 2023, the President signed the National Defense Authorization Act for Fiscal Year 2024 (NDAA).
As part of the NDAA, Sections 1821 and 1826 contain prohibitions on using the GSA SmartPay purchase card to buy any covered unmanned aircraft systems from covered foreign entities.
Section 1821 - THE AMERICAN SECURITY DRONE ACT OF 2023
Section 1822 - Defines covered foreign entities and covered unmanned aircraft systems.
- The term COVERED FOREIGN ENTITY means an entity included on a list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management (SAM). This list will include entities in the following categories:
- An entity included on the Consolidated Screening List.
- Any entity that is subject to extrajudicial direction from a foreign government as determined by the Secretary of Homeland Security.
- Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk.
- Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security.
- Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
- The term COVERED UNMANNED AIRCRAFT SYSTEM has the meaning given the term ‘‘unmanned aircraft system’’ in section 44801 of title 49, United States Code.
Section 1826 - PROHIBITION ON USE OF GOVERNMENT-ISSUED PURCHASE CARDS TO PURCHASE COVERED UNMANNED AIRCRAFT SYSTEMS FROM COVERED FOREIGN ENTITIES
- Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.
Cleared Drone Vendors
- A cleared list of drone vendors is available from the Defense Innovation Unit.