US Lawmakers Propose Strict Scrutiny of DJI and Autel Drones – FY25 NDAA

US lawmakers released the FY25 NDAA bill on Saturday, I will post the text piece that’s of interest to us below along with the bill in full. For those following along at home our bit starts at page 1084.

This still needs to be voted on and does not supersede current legislation still in force.

To check the security of DJI and Autel drones, the government, specifically an appropriate national security agency as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019, must conduct an evaluation of the security concerns some agencies have.

This evaluation needs to be completed within a year of the enactment of the Act.

The evaluation will focus on whether the drones’ communication and video surveillance equipment and services present an “unacceptable risk” to US national security or the safety of US individuals.

The scope of the evaluation extends beyond DJI and Autel themselves to include:

Their subsidiaries, affiliates, and partners.

Entities involved in joint ventures with them.

Entities with technology sharing or licensing agreements with them. (Anzu)

The evaluation also encompasses the communications and video surveillance services, including software, provided by these entities or utilising their equipment.

Outcomes of the Evaluation:

Unacceptable Risk: If the agency determines the drones pose an unacceptable risk, the Federal Communications Commission (FCC) will add them to the “covered list” within 30 days. This action would effectively ban their use in the US. The agency is also required to submit a report, which may include a classified annex, to relevant Congressional committees outlining their findings.

No Unacceptable Risk: If the agency finds no unacceptable risk, it will submit a report, potentially with a classified annex, to the appropriate Congressional committees. Other relevant national security agencies then have 180 days to review the determination and submit their own reports to the Congressional committees.

Savings Clause: The legislation includes a “savings clause” that safeguards drone uses permitted under other laws, such as those related to national defence and aviation. The national security agency must inform the FCC whether enabling these uses is appropriate if the drones are added to the “covered list,” and the FCC may then establish rules or policies to allow these uses.

SEC. 1709. ANALYSIS OF CERTAIN UNMANNED AIRCRAFT 17 SYSTEMS ENTITIES. 18 (a) EVALUATION OF COMMUNICATIONS SERVICES 19 AND EQUIPMENT TO COVERED LIST.—  (1) IN GENERAL

Not later than one year  after the date of the enactment of this Act, an appropriate national security agency shall determine if  any of the following communications or video surveillance equipment or services pose an unacceptable risk to the national security of the United States or  the security and safety of United States persons:  

(A) Communications or video surveillance equipment produced by Shenzhen Da-Jiang Innovations Sciences and Technologies Company  Limited (commonly known as ‘‘DJI Tech7 nologies’’). 

(B) Communications or video surveillance 9 equipment produced by Autel Robotics. 

(C) With respect to an entity described in 11 subparagraph (A) or (B) (referred to in this  subparagraph as a ‘‘named entity’’)—  

(i) any subsidiary, affiliate, or partner of the named entity; 

(ii) any entity in a joint venture with 16 the named entity; or  

(iii) any entity to which the named entity has a technology sharing or licensing  agreement. 

(D) Communications or video surveillance services, including software, provided by an entity described in subparagraphs (A), (B), and (C) or using equipment described in such sub paragraphs. 

(2) ADDITION TO COVERED LIST.—If the appropriate national security agency does not make a determination as required by paragraph (1) within one year after the enactment of this Act, the Commission shall add all communications equipment and  services listed in paragraph (1) to the covered list.  

(b) INCLUSION OF CERTAIN COMMUNICATIONS SERVICES AND EQUIPMENT TO COVERED LIST.— 

(1) DETERMINATIONS.—Not later than 30 days 10 after an appropriate national security agency determines that any of the communications equipment or services specified in subsection 

(a)(1) present an unacceptable risk to the national security of the United 14 States or the security and safety of United States persons—  

(A) the Commission shall place such communications equipment or services on the covered list; and 

(B) the appropriate national security agency shall submit to the appropriate congressional  committees a report on their determination which shall be submitted in unclassified form but may contain a classified annex. 

(2) OTHER DETERMINATIONS.—Not later than 30 days after an appropriate national security agency determines that any of the communications equipment or services specified in subsection 

(a)(1) do not present an unacceptable risk to the national security of the United States or the security and safety of United States persons— 

(A) that agency shall submit to the appropriate congressional committees a report on their determinations, which shall be submitted 9 in unclassified form but may contain a classified annex; and 

(B) within 180 days following the determination, all other appropriate national security agencies shall review the determination and shall submit to the appropriate congressional committees a report on their determinations, which shall be submitted in unclassified form but may contain a classified annex. (c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate national security agency’’ has the same meaning as the term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608)).

(2) The term ‘‘Commission’’ means the Federal 24 Communications Commission. 

(3) The term ‘‘covered list’’ means the list of covered communications equipment or services published by the Commission under section 

(a) of the Secure and Trusted Communications Networks Act. 5

(4) The term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence in the Senate; and 

(B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence in the House of Representatives.

(5) The term ‘‘technology sharing agreement’’  means an agreement where a named entity licenses their technology to a company directly or through an intermediary manufacturer. 

(d) SAVINGS CLAUSE.—Nothing herein shall be construed to override or affect the uses permitted by sections 1823 through 1832 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) and sections 936 and 1032 of the Federal Aviation Administration Reauthorization Act of 2024 (Public Law 118–63), including the duration thereof.

If the Commission places communications equipment or services on the covered list pursuant to subsection (b)(1)(A) of this section, the appropriate national security agency shall provide the Commission with necessary information on whether enabling those uses is appropriate and how to enable those uses if necessary, and the Commission may promulgate implementing rules or policies accordingly. 

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