WASHINGTON, D.C. – Today, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued an advance notice of proposed rulemaking (ANPRM) seeking public comment to inform the potential development of a rule to secure and safeguard the information and communication technology and services (ICTS) supply chain for unmanned aircraft systems (UAS), or drones.    

With the rapid development of advanced technology, commercial drones are now commonplace across the United States. This ANPRM explains how foreign adversary involvement in UAS ICTS supply chains – including acute threats from the People’s Republic of China (PRC) and Russia – may offer our adversaries the ability to remotely access and manipulate these devices, exposing sensitive U.S. data.

BIS seeks public feedback on several matters outlined in the ANPRM, including: definitions of UAS and components, assessments of how potential classes of ICTS transactions integral to UAS may present undue or unacceptable risks to U.S. national security, evaluations of risk posed by different foreign adversaries, potential processes for the public to request approval to engage in an otherwise prohibited transaction, the economic impact such regulation could have on certain entities, and, where feasible, potential mitigation measures.

“Securing the unmanned aircraft systems technology supply chain is critical to safeguarding our national security. This ANPRM is an essential step in protecting the United States from vulnerabilities posed by foreign entities,” said U.S. Secretary of Commerce Gina Raimondo.

“The Department of Commerce continues to assess the national security risks posed by foreign adversary involvement in our critical technology supply chains,” said Under Secretary for Industry and Security Alan F. Estevez. “We welcome public comment on this ANPRM as we seek to proactively understand – and most effectively address – these vulnerabilities in the commercial drone market.”

“This ANPRM marks a crucial step towards safeguarding the ICTS supply chain against foreign adversarial influences,” said Elizabeth Cannon, Executive Director of the Office of Information and Communications Technology and Services (OICTS). “BIS’s ongoing work will ensure a resilient infrastructure for UAS and protect critical U.S. technologies and data.”

Today’s announcement furthers the Biden-Harris Administration’s ongoing and proactive efforts to address the potential national security risks associated with ICTS integral to commercial drones and is a significant step in advancing the mission of OICTS within the Department of Commerce.

This ANPRM is issued pursuant to BIS’s ICTS authorities established under Executive Order (EO) 13873, “Securing the Information and Communications Technology and Services Supply Chain.” EO 13873 authorizes the Department of Commerce to investigate and prohibit or impose mitigation measures on ICTS transactions that (1) pose an undue or unacceptable risk of sabotage to or subversion of ICTS in the United States; (2) pose an undue risk of catastrophic effects on the security or resiliency of U.S. critical infrastructure or the digital economy of the United States; or (3) otherwise pose an unacceptable risk to the national security of the United States or the security and safety of U.S. persons.    

The text of the ANPRM released today is available on the Federal Register’s website here.

The deadline for public comments is March 4, 2025.

For more information, visit https://www.bis.gov.