Overview
This section implements the American Security Drone Act, prohibiting executive agencies from procuring or operating unmanned aircraft systems (UAS) manufactured or assembled by "FASC-prohibited" foreign entities. It establishes a comprehensive ban on high-risk drone technology across all levels of federal acquisition while providing specific mission-based exemptions and a sunset date of December 22, 2028.
Key Rules
- Broad Applicability: The prohibition applies to all acquisitions, including those at or below the micro-purchase threshold and those for commercial products or services.
- Phased Implementation:
- Procurement of prohibited UAS is restricted immediately (including contract renewals and options).
- Starting December 22, 2025, the prohibition extends to the procurement of services for the operation of these systems and the use of Federal funds for their operation.
- Mandatory Clause: Contracting officers must insert the clause at FAR 52.240-1 in all solicitations and contracts.
- Agency-Specific Exemptions: Certain departments (DHS, DoD, State, DOJ, DOT, NTSB, and NOAA) have specific exemptions for national interest, research, counterterrorism, or public safety missions.
- Mission-Based Exceptions: Prohibitions do not apply to wildfire management, search and rescue, authorized intelligence activities, or certain Tribal law enforcement operations.
- Waiver Process: Agency heads may waive the prohibition on a case-by-case basis with approval from the Director of OMB, consultation with the Federal Acquisition Security Council (FASC), and notification to Congress.
- Review Procedures: Contracting officers are required to review proposals to ensure they do not include prohibited UAS and must document any exemptions or waivers in the contract file.
Practical Implications
- Contractors must conduct rigorous supply chain due diligence, as the ban applies even to low-dollar commercial purchases that previously required less oversight.
- Government program offices and contracting officers must now collaborate to verify the origin of drone technology during the proposal evaluation phase to prevent the award of non-compliant contracts.