Presidential DocumentExecutive Order 139812021-01646
Protecting the United States From Certain Unmanned Aircraft Systems
Primary source
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Published
January 22, 2021
Signed
January 18, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 13 (Friday, January 22, 2021)</title>
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[Federal Register Volume 86, Number 13 (Friday, January 22, 2021)]
[Presidential Documents]
[Pages 6821-6823]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-01646]
Presidential Documents
Federal Register / Vol. 86 , No. 13 / Friday, January 22, 2021 /
Presidential Documents
[[Page 6821]]
Executive Order 13981 of January 18, 2021
Protecting the United States From Certain
Unmanned Aircraft Systems
By the authority vested in me as President by the
Constitution and the laws of the United States of
America,
I, DONALD J. TRUMP, President of the United States of
America, find that additional actions are necessary to
ensure the security of Unmanned Aircraft Systems (UAS)
owned, operated, and controlled by the Federal
Government; to secure the integrity of American
infrastructure, including America's National Airspace
System (NAS); to protect our law enforcement and
warfighters; and to maintain and expand our domestic
industrial base capabilities.
Accordingly, I hereby order:
Section 1. Policy. UAS have tremendous potential to
support public safety and national security missions
and are increasingly being used by Federal, State, and
local governments. UAS are used, for example, to assist
law enforcement and support natural disaster relief
efforts. Reliance on UAS and components manufactured by
our adversaries, however, threatens our national and
economic security.
United States Government operations involving UAS
require accessing, collecting, and maintaining data,
which could reveal sensitive information. The use of
UAS and critical components manufactured and developed
by foreign adversaries, or by persons under their
control, may allow this sensitive information to be
accessed by or transferred to foreign adversaries.
Furthermore, the manufacturing of UAS involves
combining several critical components, including
advanced manufacturing techniques, artificial
intelligence, microelectronic components, and multi-
spectral sensors. The Nation's capability to produce
UAS and certain critical UAS components domestically is
critical for national defense and the security and
strength of our defense industrial base.
It is the policy of the United States, therefore, to
prevent the use of taxpayer dollars to procure UAS that
present unacceptable risks and are manufactured by, or
contain software or critical electronic components
from, foreign adversaries, and to encourage the use of
domestically produced UAS.
Sec. 2. Reviewing Federal Government Authority to Limit
Government Procurement of Covered UAS. (a) The heads of
all executive departments and agencies (agencies) shall
review their respective authorities to determine
whether, and to what extent consistent with applicable
law, they could cease:
(i) directly procuring or indirectly procuring through a third party, such
as a contractor, a covered UAS;
(ii) providing Federal financial assistance (e.g., through award of a
grant) that may be used to procure a covered UAS;
(iii) entering into, or renewing, a contract, order, or other commitment
for the procurement of a covered UAS; or
(iv) otherwise providing Federal funding for the procurement of a covered
UAS.
(b) After conducting the review described in
subsection (a) of this section, the heads of all
agencies shall each submit a report to the Director of
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the Office of Management and Budget identifying any
authority to take the actions outlined in subsections
(a)(i) through (iv) of this section.
Sec. 3. Reviewing Federal Government Use of UAS. (a)
Within 60 days of the date of this order, the heads of
all agencies shall each submit a report to the Director
of National Intelligence and the Director of the Office
of Science and Technology Policy describing the
manufacturer, model, and any relevant security
protocols for all UAS currently owned or operated by
their respective agency, or controlled by their agency
through a third party, such as a contractor, that are
manufactured by foreign adversaries or have significant
components that are manufactured by foreign
adversaries.
(b) Within 180 days of the date of this order, the
Director of National Intelligence, in consultation with
the Secretary of Defense, the Attorney General, the
Secretary of Homeland Security, the Director of the
Office of Science and Technology Policy, and the heads
of other agencies, as appropriate, shall review the
reports required by subsection (a) of this section and
submit a report to the President assessing the security
risks posed by the existing Federal UAS fleet and
outlining potential steps that could be taken to
mitigate these risks, including, if warranted,
discontinuing all Federal use of covered UAS and the
expeditious removal of UAS from Federal service.
Sec. 4. Restricting Use of UAS On or Over Critical
Infrastructure or Other Sensitive Sites. Within 270
days of the date of this order, the Administrator of
the Federal Aviation Administration (FAA) shall propose
regulations pursuant to section 2209 of the FAA
Extension, Safety, and Security Act of 2016 (Public Law
114-190).
Sec. 5. Budget. (a) The heads of all agencies shall
consider the replacement of covered UAS to be a
priority when developing budget proposals and planning
for the use of funds.
(b) The Director of the Office of Management and
Budget shall work with the heads of all agencies to
identify possible sources of funding to replace covered
UAS in the Federal fleet in future submissions of the
President's Budget request.
Sec. 6. Definitions. For purposes of this order, the
following definitions shall apply:
(a) The term ``adversary country'' means the
Democratic People's Republic of Korea, the Islamic
Republic of Iran, the People's Republic of China, the
Russian Federation, or, as determined by the Secretary
of Commerce, any other foreign nation, foreign area, or
foreign non-government entity engaging in long-term
patterns or serious instances of conduct significantly
adverse to the national or economic security of the
United States.
(b) The term ``covered UAS'' means any UAS that:
(i) is manufactured, in whole or in part, by an entity domiciled in an
adversary country;
(ii) uses critical electronic components installed in flight controllers,
ground control system processors, radios, digital transmission devices,
cameras, or gimbals manufactured, in whole or in part, in an adversary
country;
(iii) uses operating software (including cell phone or tablet applications,
but not cell phone or tablet operating systems) developed, in whole or in
part, by an entity domiciled in an adversary country;
(iv) uses network connectivity or data storage located outside the United
States, or administered by any entity domiciled in an adversary country; or
(v) contains hardware and software components used for transmitting
photographs, videos, location information, flight paths, or any other data
collected by the UAS manufactured by an entity domiciled in an adversary
country.
(c) The term ``critical electronic component''
means any electronic device that stores, manipulates,
or transfers digital data. The term critical electronic
[[Page 6823]]
component does not include, for example, passive
electronics such as resistors, and non-data
transmitting motors, batteries, and wiring.
(d) The term ``entity'' means a partnership,
association, trust, joint venture, corporation,
government, group, subgroup, other organization, or
person.
(e) The term ``Intelligence Community'' has the
same meaning set forth for that term in section 3003(4)
of title 50, United States Code.
(f) The term ``National Airspace System'' (NAS)
means the common network of United States airspace; air
navigation facilities, equipment, and services;
airports or landing areas; aeronautical charts,
information, and services; related rules, regulations,
and procedures; technical information; and manpower and
material. The term also includes system components
shared jointly by the Departments of Defense,
Transportation, and Homeland Security.
(g) The term ``Unmanned Aircraft Systems'' (UAS)
means any unmanned aircraft, and the associated
elements that are required for the pilot or system
operator to operate safely and efficiently in the NAS,
including communication links, the components that
control the unmanned aircraft, and all critical
electronic components. The term UAS does not include
any separate communication device, such as a cellular
phone or tablet, designed to perform independently of a
UAS system, which may be incorporated into the
operation of a UAS.
Sec. 7. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
January 18, 2021.
[FR Doc. 2021-01646
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P
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</html>Indexed from Federal Register on January 22, 2021.
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