Executive Order 13981 · Signed Jan 18, 2021

86 FR 6821 · Published Jan 22, 2021 · Effective on signing

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Protecting the United States From Certain Unmanned Aircraft Systems

drone securityfederal procurementnational securityforeign technologyaviation regulation

Signed by President Donald Trump

The order directs all federal agencies to review their authority to stop buying or funding drones made by adversary countries — including China, Russia, Iran, and North Korea — and requires a series of escalating reports on security risks posed by foreign-made drones already in the federal fleet.

Establishes a policy against using taxpayer money to procure drones that contain hardware, software, or components from adversary nations, and requires the FAA to propose rules restricting drones over critical infrastructure.

What this order does

What it orders

The order directs the heads of all federal agencies to review their existing legal authority to stop procuring, funding, or contracting for "covered UAS" — drones manufactured or controlled, in whole or in part, by entities in adversary countries. Agencies must report those findings to the Office of Management and Budget. Within 60 days, agencies must separately report to the Director of National Intelligence on all foreign-made drones currently in their fleets. Within 180 days, the DNI must assess the security risks of the existing federal drone fleet and outline mitigation steps, which could include removing all such drones from service. Within 270 days, the FAA must propose regulations restricting drone use over critical infrastructure and sensitive sites.

The order does not itself ban procurement of covered drones or remove any drone from service; those steps depend on the reviews, reports, and future regulatory action it sets in motion. Budget planning and future funding requests must treat replacement of covered drones as a priority.

Who it affects

All federal executive agencies that own, operate, or contract for drone services; federal contractors providing drone-related services to agencies; drone manufacturers with components tied to adversary countries; and state and local governments receiving federal financial assistance that could be used to buy drones.

Why it matters

Federal agencies may eventually be required to replace drones from Chinese, Russian, Iranian, and North Korean suppliers — a significant procurement shift given how widely commercially available drones (many made in China) are used in law enforcement and disaster response. The FAA's forthcoming rules could restrict commercial and government drone flights over power plants, pipelines, and other sensitive infrastructure.

What must happen and when

How the order is supposed to work

The order operates in three sequential layers. First, each agency self-audits its legal authority to halt covered-UAS procurement and reports to OMB. Second, agencies inventory foreign-made drones already in service and report to the DNI within 60 days; the DNI then synthesizes those reports into a presidential risk assessment within 180 days. Third, the FAA independently proposes critical-infrastructure no-fly regulations within 270 days. Actual procurement bans or fleet removals require future agency action, rulemaking, or appropriations — none of which the order itself compels.

Actions and deadlines

  • Agency heads review authority to halt covered-UAS procurement and submit report to OMB DirectorNo deadline specified
  • Agency heads submit report to DNI and OSTP director listing all foreign-made or foreign-component UAS in their fleetsWithin 60 days of signing
  • Director of National Intelligence submits security risk assessment of federal drone fleet to the PresidentWithin 180 days of signing
  • FAA Administrator proposes regulations restricting drone use on or over critical infrastructure under section 2209 of Public Law 114-190Within 270 days of signing
  • OMB Director works with agency heads to identify funding to replace covered UAS in future President's Budget submissionsNo deadline specified

Agencies directed to act

Office of Management and BudgetOffice of the Director of National IntelligenceOffice of Science and Technology PolicyFederal Aviation AdministrationDepartment of DefenseDepartment of JusticeDepartment of Homeland Security

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President.

FAA Extension, Safety, and Security Act of 2016, Section 2209

Authorizes FAA to propose rules limiting drone flights over critical infrastructure and sensitive sites.

Executive Order

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Executive Order 13981: Protecting the United States From Certain Unmanned Aircraft Systems | EO Reporter