A new interim rule issued by the Pentagon and civilian agencies this week will prohibit Federal government agencies from buying and using certain foreign-made drone aircraft – including those made in China – with a larger policy aim of strengthening national security and reducing reliance on technology produced by adversarial nations.
The interim rule – published to the Federal Register today by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) – will prohibit Federal agencies from using, operating, or funding drones from countries that are identified as national security risks and prohibited by the Federal Acquisition Security Council (FASC).
The interim rule amends the Federal Acquisition Regulation (FAR), consistent with the American Security Drone Act (ASDA) of 2023 – which regulates the procurement and use of drones to maintain national security – and will prohibit the operation of certain drones by Dec. 22, 2025.
A ban on the procurement of prohibited foreign drones was made effective upon publication of the interim rule, which will require modifications to current contracts to which the rule applies.
“Security is imperative when data is collected, stored, and transmitted by UAS [unmanned aerial systems] for sensitive missions,” the interim rule reads. “Use of UAS, without adequate protection for security, increases adversaries’ capabilities to disrupt U.S. Government operations. Compromises to cybersecurity and physical security controls may lead to potential physical effects such as sabotage of Federal property and assets.”
The Pentagon said it doesn’t expect the rule to impact the DoD budget, stating that while the rule may “drive further change to the UAS supplier base for the Federal Government, that change is already underway across numerous agencies.”
Most drones currently operated and owned by the government will be affected by the rule, the Pentagon said, noting that many drones are “assembled by foreign-owned entities with affiliations that have divergent interests from those of the United States.”
DJI drones, a China-based drone manufacturer, dominates the drone market in the U.S. The company was added to the Department of Commerce’s Entity List in December 2020 amid concerns about potential data security risks.
Autel Robotics, another Chinese drone manufacturer, was added to the U.S. Entity List in 2024.
Certain exceptions and justifications under the rule include the Department of Homeland Security, Department of State, Department of Justice, and DoD for national security; Department of Transportation for airspace safety and public safety; the National Transportation Safety Board for safety investigations; and the National Oceanic and Atmospheric Administration for science or mission objectives.
DoD, GSA, and NASA are requesting public comment on the interim rule through Jan. 13, 2025, while considering new contractor requirements, including disclosure of FASC-prohibited drones, risk mitigation, monitoring prohibited lists, and reporting vulnerabilities.
