Overview
Title
Federal Acquisition Regulation: Prohibition on Unmanned Aircraft Systems From Covered Foreign Entities
Agencies
ELI5 AI
There is a new rule that says the U.S. government can't buy or use drones from some countries, and people have more time to say what they think about this rule until the end of January.
Summary AI
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued an interim rule affecting the Federal Acquisition Regulation (FAR). This rule, effective since November 12, 2024, prohibits the procurement and operation of unmanned aircraft systems from certain foreign entities. They are extending the deadline for public comments on this rule from January 13, 2025, to January 27, 2025, to allow more time for feedback. Comments can be submitted through the Federal eRulemaking portal at regulations.gov.
Abstract
DoD, GSA, and NASA issued an interim rule on November 12, 2024, amending the Federal Acquisition Regulation (FAR) to implement a prohibition on the procurement and operation of unmanned aircraft systems manufactured or assembled by an American Security Drone Act- covered foreign entity. The deadline for submitting comments is being extended from January 13, 2025, to January 27, 2025, to provide additional time for interested parties to provide comments on the proposed rule. The effective date of this rule is not being changed and remains November 12, 2024.
Keywords AI
Sources
AnalysisAI
Summary
The document at hand involves an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) that affects the Federal Acquisition Regulation (FAR). This rule, which became effective on November 12, 2024, implements a ban on acquiring and using unmanned aircraft systems produced or assembled by entities considered covered by the American Security Drone Act from certain foreign countries. The deadline for submitting public comments regarding this rule has been extended from January 13, 2025, to January 27, 2025, aiming to provide additional time for stakeholders and the public to offer feedback. Comments are encouraged to be submitted via the regulations.gov portal.
Significant Issues and Concerns
One notable issue with the document is its lack of clarity regarding which specific countries or entities fall under the definition of "American Security Drone Act-covered foreign entities". This vagueness could lead to confusion and complications for those attempting to comply with the new regulation.
Additionally, the document does not address any possible exceptions to the rule or circumstances under which drones from these foreign entities might still be permissible. The absence of this information may limit the understanding of those affected by the regulation.
The document presumes familiarity with references such as "FAC 2025-01, FAR Case 2024-002", which might not be known to all readers, particularly those not steeped in government or legal circles. This could hinder the general public's ability to grasp the full context of the rule change and its implications.
There's a further potential for confusion due to the roles of different contacts provided (Mr. Benjamin Collins versus the Regulatory Secretariat Division). It is unclear who should handle specific queries related to the content versus procedural issues, which may lead to misdirected inquiries.
Broad Impact on the Public
From a public standpoint, the implementation of this rule aims to enhance national security by restricting the use of drones from potentially risky foreign sources. However, without more detailed information about the affected entities and any exemptions, the general public may find it challenging to understand how this rule will impact them directly.
Impact on Specific Stakeholders
For businesses and organizations in the drone and technology sectors, this rule could significantly influence their sourcing and procurement strategies. Those involved in the import or distribution of drones might face new hurdles, especially if their products originally stem from the affected foreign entities. Conversely, domestic manufacturers of drones may benefit from reduced competition from foreign entities, potentially leading to increased domestic sales.
There is also a noted absence of discussion regarding collaboration with the private sector or stakeholders within the drone industry during the rule's development. This perceived lack of consultation might lead to criticism or pushback from these stakeholders, as they may feel excluded from a regulation that directly impacts their industry.
Overall, while the document aims to secure technological infrastructure, a more transparent and inclusive approach could improve stakeholder engagement and public understanding.
Issues
• The document doesn't specify which countries are considered 'American Security Drone Act-covered foreign entities', which could lead to confusion.
• There is no mention of exceptions or conditions under which unmanned aircraft systems from covered foreign entities could still be used, if any exist.
• The document assumes that interested parties are familiar with the specific document references such as 'FAC 2025-01, FAR Case 2024-002' without providing a context or summary of these cases.
• The instructions for submitting comments emphasize using https://www.regulations.gov without addressing potential access issues for users without internet, apart from providing a phone number or email for help but not detailing how these can be used effectively as alternatives.
• There is potential ambiguity in the roles of different contacts listed (Mr. Benjamin Collins vs. Regulatory Secretariat Division), which may lead to confusion about whom to contact for specific queries.
• The document uses technical jargon such as 'FAC 2025-01, FAR Case 2024-002' which may not be easily understandable to the general public.
• Potential bias could be perceived in omitting collaboration or consultation with private or civil drone industry stakeholders in the background section.