Section 1709 of the 2025 NDAA Will Lead to DJI & Autel Ban
The 2025 NDAA contains a slightly modified version of Rep. Stefanik’s H.R. 2864, which will all but certainly ban DJI and Autel drones from operating in the U.S. and likely result in a ban on some drones already purchased, based on comments in FCC Report 22-84 from 2023 (NDAA § 1709). Section 1709 of the 2025 NDAA directs ‘an appropriate national security agency’ to determine whether Autel and DJI ‘pose an unacceptable risk to the national security of the United States.’
Given that the DOD has barred the use of DJI over its bases and by its personnel since 2018, combined with the high level of anti-CCP and anti-DJI sentiment in Congress, it is nearly inconceivable that the appointed agency returns a positive finding for DJI and Autel to continue to operate in the U.S. Furthermore, if the appointed agency finds either company is not a threat, § 1709 gives other agencies 180 days to perform their own evaluations and place them on the Entities List anyways. This makes it a near certainty that at the end of the year, DJI, Autel, and Anzu drones will all be on the FCC’s Entities List (a ban on DJI would cover Anzu Drones as well, as they have been functionally identified as a DJI subsidiary by the House of Representatives).
While ADI does not advocate in favor of any bans on agricultural drones, we are dedicated to supporting American drone companies and are engaging with policy-makers to ask that this ban not adversely harm American drone operators and farmers. As such, ADI is advocating for Americans to receive reimbursements under 47 U.S.C. § 1603 when they replace their banned drones with American agricultural drones, which helps both operators and American drone manufacturers.
Scroll down to read more about ADI’s positions on § 1709 below.
What § 1709 Really Says
When speaking with people across the drone industry, there are a variety of conflicting narratives regarding the consequences of § 1709. This misunderstanding, along with the lack of a unified voice to help inform policy-makers about our sector is one of the major drivers of the ADI being created.
There are three critical things to understand about § 1709 of the 2025 NDAA:
DJI and Autel (and their subsidiaries) are to be evaluated by a yet-to-be-named agency for their threat to U.S. national security (§ 1709(a)(1)).
If said evaluation finds DJI and Autel are threats to national security DJI and Autel will be placed on the FCC’s Entities List within 30 days of that finding (§ 1709(b)(1)(A)).
If there is a favorable finding for either company that they should not be put on the list, any other agency has 180 days to submit a report that they find either company to be a threat (§ 1709(b)(2)). In some ways this is the most damning provision, even if one agency lets them off, many other agencies get a de facto bite at the apple.
If said evaluation does not occur, DJI and Autel will be placed on the FCC’s Entities List by default in December of 2025 (§ 1709(a)(2)).
How ADI is Standing Up for Our Industry
While § 1709 was being drafted (at the time H.R. 2864), the ag-drone industry was not in a position to effectively engage policy-makers in Congress. ADI was formed to ensure that that does not happen again so that the American agricultural drone industry’s voice is heard on Capitol Hill, by retaining highly experienced government affairs team to fight for our industry moving forwards. ADI cannot promise any outcomes, but we can offer the most cohesive, and well supported voice for the ag-drone industry moving forwards. It is critical that we stand together for our rights as an industry and engage with Congress in a strategic and meaningful way to ensure that our industry is seen and heard in an effective way.