Protecting the United States From Certain Unmanned Aircraft Systems, 6821-6823 [2021-01646]

Agencies

• Executive Office of the President

[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 [www.gpo.gov]
[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

[[Page 6822]]

                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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 18, 2021.

[FR Doc. 2021-01646
Filed 1-21-21; 11:15 am]
Billing code 3295-F1-P