How governments can get agencies to stop using foreign drones: Pay up.
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A proposed bill in North Dakota offers an effective model for other states looking to cut ties with foreign-made drones.
For tech enthusiasts, aspiring photographers, farmers, government agencies and others, drones have proliferated over the past decade as handy devices for capturing data and imagery that may not have been collected otherwise. As the technology’s popularity continues to grow, state and federal lawmakers are taking a closer look at the potential security risks that drones pose.
An estimated 90% of drones used by U.S. public safety agencies, for instance, are from the Chinese company DJI, and in 2020 the same company reportedly held 77% of the drone hobby market in America.
Experts have observed a “growing embracing of drones and [unmanned aerial systems],” coupled with “a growing fear of UAS,” said Michelle Hanlon, executive director of the Center for Air and Space Law at the University of Mississippi.
Drones offer a bright future for government agencies as a force multiplier to survey natural disasters, view accident scenes and complete other tasks, she said. In Washington state, for instance, drones are helping state officials address graffiti on public structures.
Every agency could benefit from having a drone on their team, Hanlon added, but it’s wise that officials are moving toward investing in American-made drones instead of relying on foreign products.
Earlier this month, the U.S. Commerce Department announced it would consider restricting or banning drones from countries like China and Russia. Federal officials cited potential security and privacy risks with foreign adversaries’ involvement in the development of drones used by U.S. individuals and entities.
A decision on the rule could come from President Donald Trump, who in 2021 signed an executive order directing federal agencies to halt their procurement of foreign unmanned aerial systems over similar concerns. The federal government has moved in recent years to take a more stringent approach to drones, including the American Security Drone Act of 2023, which prohibits U.S. agencies from owning and operating drones manufactured by certain countries.
As the federal government moves away from foreign drones, several states are following suit and are giving agencies a helping hand to transition away from at-risk devices.
North Dakota — where about 300 out of 353 drones used by state agencies are Chinese-made — is one of the latest states to do so. Lawmakers recently advanced a bill that would require state agencies to replace any foreign drones they’ve purchased with devices that are compliant with the American Security Drone Act.
HB1038, which was passed by the state’s House of Representatives and was introduced to the Senate last week, would dedicate $15 million in state funds to support state agencies’ replacement of Chinese-made drones until 2027. The bill would also appropriate $11 million for North Dakota’s Radar Data Pathfinder Program, a shared-use infrastructure network that allows drones to fly beyond the operator’s line of sight. The state funds would finance cybersecurity measures, training and other needs.
“A transition off of [foreign] drones is best accomplished when you couple that transition with funding to transition the fleets, because drones are an investment, and to the extent that there can be funds made available to help agencies … acquire new drones makes a whole lot of sense,” said Michael Robbins, president and CEO of Association for Uncrewed Vehicle Systems International, or AUVSI.
Robbins pointed to Florida as an example, where lawmakers in 2023 implemented a ban to prohibit state and local government agencies from owning or purchasing drones manufactured by foreign entities.
“Initially, when [Florida officials’] restriction on Chinese drones went into place, they did not have a funding program,” he said. “That caused a lot of heartburn and pain at the local level because you had a lot of law enforcement agencies, public safety agencies and transportation agencies that were using drones for good missions [like] search and rescue, tactical first response or bridge inspection.”
Ultimately, the state created a drone replacement funding program that offers local agencies up to $25,000 in funds for relinquishing foreign-made drones to the Florida Department of Law Enforcement.
Similar legislation is underway in Virginia, and other states like Arkansas and Tennessee last year banned public agencies from purchasing or using drones from foreign countries, including China and Russia. And in Texas, DJI has been added to the state’s list of technologies prohibited for agencies to purchase.
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