US GOVERNMENT UPDATES
By Tyler Dobbs, Government Affairs Director | tylerd@modelaircraft.org
Supreme Court Limits Authority of Federal Agencies
On June 28, 2024, the Supreme Court of the United States overturned the Chevron Deference Doctrine, a precedent from 1984 that allowed federal agencies to interpret ambiguous laws. This ruling means that Congress will need to be more specific when drafting and passing legislative language, and courts will be more involved with interpreting ambiguity in laws. This ruling limits the power of federal agencies to interpret the laws that they administer and instead shifts that power to the courts.
It is important to note that the recreational community’s UAS requirements are specifically mandated by Congress in U.S.C. 44809, “The Exception for Limited Recreational Operations of Unmanned Aircraft.” These congressional mandates include FAA registration, The Recreational UAS Safety Test (TRUST), and the authority of the FAA to set standards to remotely identify UAS.
Congress Looks to Ban DJI Drones
The U.S. House of Representatives recently passed its version of the National Defense Authorization Act (NDAA), which included a provision that essentially bans DJI drones in the US.
The proposed legislation would add DJI to a list maintained by the Federal Communications Commission under the Secure and Trusted Communications Networks Act of 2019, restricting DJI’s drones from operating on the communications infrastructure in the US.
The Senate version of NDAA has been released and does not include a ban on DJI products using the US communication infrastructure. So, what will happen now?
The Senate is unlikely to debate this bill on the floor and instead will conference it directly with the House-passed version, similar to the FAA Reauthorization process that we saw earlier this year. During this conferencing process with House and Senate Committee leadership, it will be negotiated and determined whether the DJI ban will be included in the final bill.
Last year’s NDAA included a prohibition on federal money being used to purchase foreign-made UAS that will take effect in 2025. This prohibition could have an impact on Civil Air Patrol (CAP), Junior Reserve Officers’ Training Corps (JROTC), and educational UAS programs. AMA has been working with Congress on a waiver process to allow CAP, JROTC, and educational institutions to continue to purchase and use certain foreign-made UAS.
To remain current with the most recent government-related news, regularly visit the AMA Government Affairs blog at https://amablog.modelaircraft.org/amagov. If you have any further questions or concerns, contact the Government Affairs department at (765) 287-1256 or amagov@modelaircraft.org.
