The DRONERESPONDERS National Public Safety UAS Conference kicked off in Williamsburg, VA this morning. The conference opened with keynote addresses from industry thought leaders and alter makers.
Among the many topics most discussed by attendees and speakers was the problem of proposed bans on using federal funds to buy drones made in China, including industry leader DJI. Mark Bathrick, former U.S. Department of the Interior’s Director of the Office of Aviation Services (OAS) spoke concerning the practical impact that the American Drone Security Act and proposed bans on Chinese made drone technology.
The American Drone Security Act, included within the FY 24 National Defense Authorization Act, would limit using federal funds for drones on a “covered list” which incorporates all drones manufactured in China. Bathrick’s presentation focused on the sensible impacts that the Act has for public safety agencies.
Effective Immediately: Purchasing Drones Manufactured by “Covered Entities” with Federal Funds
Effective immediately, federal agencies are prohibited from purchasing drones manufactured in China (subject to some exemptions or a waiver process.) The prohibition is for purchase with federal dollars: recreational flyers, private sector firms not working with federal customers, or (see below) state and native agencies not using federal dollars should not subject to the regulation.
![Future of Commercial Drones 2024, DJI responds Chinese drone data security](https://dronelife.com/wp-content/uploads/2024/01/DJI_Inspire_1_Professional_by_D_Ramey_Logan-300x200.jpeg)
Photograph by D Ramey Logan, CC BY 4.0
What’s a Chinese drone? The Query of “Associated Elements”
Functioning drone systems involve controllers, hardware, payloads, and more. One among the critical open issues in interpretation of the Act is what exactly is roofed. The Federal Acquisition Security Council (FASC) has responsibility for determining exactly what’s prohibited. While the ADSA refers to “associated elements” – i.e., payloads – a referenceable list of those associated elements has not been accomplished.
What About Operations of Chinese Drones?
The Act refers to each the acquisition of recent drones – effective immediately – and a prohibition of operation of Chinese drones, which has a 2 yr timeframe for implementation. After 2025, there are exemptions – and a few loopholes.
Federal agencies including DHS, DOD, DOS, DOI are exempt under certain circumstances. The wording of the Act leaves some loopholes, with an inventory of exempt operations OR the supply “that the topic UAS cannot transfer to or download data from a covered entity,” which could leave the agency some options on technology selections. Other agencies reminiscent of DOT and FAA, NTSB, and NOAA are exempt from the Act for specific operations.
Waivers are also an option – but should not designed to be easy. Waivers can only be applied for on a case-by-case basis and must come from the pinnacle of agency authority: waivers have to be approved by OMB after consultation with FARC and require notification to lawmakers.
Federal ASDA-Compliant Strategies
Bathrick says that there are several strategies that federal agencies can use to implement drone technology: all of them have drawbacks but offer some options.
- Waivers
- Blue UAS – DOD sponsored program, limited access for manufacturers
- Green UAS – AUVSI sponsored programs, costs for manufacturers
- Agency-Qualified Non-Covered
- Drone and Data as a Service – outsourcing the problem
- Other programs – utilizing other federal employment programs
Advice for State and Local Public Safety Agencies
Within the absence of state laws, the ADSA does indirectly impact state and native public safety agencies unless they’re utilizing federal funds to obtain their drone hardware. Bathrick says that initially, it’s necessary for agencies to coach their leadership concerning the issues.
“Security is essential,” says Bathrick. “Support for the US industry is essential, they usually each deserve tailored solutions.” Bathrick urges agencies to avoid “lazy” requirements: but to look into the specifics of what’s going to work for his or her operations.
Agencies also can strategize to regulate federal grant vs. state and native funding strategies, for more flexibility.
And to guard programs and operations, says Bathrick, it’s critical to proceed to speak with stakeholders and communities. Bathrick recommends that agencies prioritize programs to coach officials with public safety program results, briefings in your mission risk profile, and “defense in depth” security strategies.
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