Conspicuously missing from the Senate’s fiscal year 2025 National Defense Authorization Act (FY25 NDAA), though, is an amendment that would effectively ban new Chinese drone models from flying in U.S. skies.

The Countering CCP Drones Act made it into the House version of the FY25 NDAA, which passed in June with a vote of 217-199 and was largely backed by Republicans. But when contemplating its addition to the Senate legislation, lawmakers reportedly dropped the measure after hearing from over 6,000 public safety agencies that opposed the measure.

The bill is not dead yet, however. Last week, Senator Rick Scott (R-Fla.) introduced an amendment to the FY25 NDAA, cosponsored by Senator Mark Warner (D-Va.), that puts the Countering CCP Drones Act back on the table in committee discussions.

Even if the amendment is rejected in the Senate, it could resurface in reconciliations between the Senate and House due to its inclusion in the latter’s version of the NDAA.

The Countering CCP Drones Act is the culmination of U.S. government efforts to restrict Chinese-manufactured drones from dominating the country’s drone industry. Lawmakers have also accused the Chinese Communist Party of using the aircraft to spy on Americans, citing its ties to state-owned entities. At present, there is no conclusive evidence to verify the claims, and manufacturers such as DJI have pushed back on the allegations.

Chinese drones have been blacklisted by the Department of Defense, Department of Commerce, Department of the Treasury, and other federal agencies. The states too have taken aim at the aircraft, with Arkansas and Scott’s home state of Florida implementing the most sweeping bans.

One significant drone-related provision, the bipartisan American Security Drone Act, made it into last year’s NDAA. That measure prohibits U.S. federal agencies and federally funded programs from procuring drones manufactured in China or Russia.

Adding to the fervor, the FBI and Department of Homeland Security released a report detailing the threat of Chinese drones shortly after the NDAA was signed into law.

The Countering CCP Drones Act that will be contemplated by the Senate targets two manufacturers in particular, DJI and Autel. Those firms, and any subsidiaries, partners, or affiliates, would be added to the Federal Communications Commission’s covered list—essentially a list of companies with which the U.S. government refuses to do business.

The companies’ addition to the covered list would not impact DJI and Autel drones already being flown by hobbyists or private companies, for example. However, it would prevent the FCC from authorizing new equipment and prohibit newly sold drones from using U.S. communications infrastructure, effectively banning all sales in the country.

The legislation was first introduced in 2022 by Scott and Senators Marco Rubio (R-Fla.) and Tom Cotton (R-Ark.) in the Senate and by Representative Elise Stefanik (R-N.Y.) in the House.

After failing to move it forward, Stefanik in 2023 reintroduced the bill in the House, pushing successfully for its inclusion in the House NDAA released in June. That month, the measure was also reintroduced in the Senate but did not receive enough support to be added to that chamber’s version of the bill.

DJI drones in particular are widely deployed by U.S. law enforcement and public safety agencies, who opposed the restrictions because other models are typically more expensive and less effective. Police departments in states that have not banned Chinese drones are continuing to buy them in droves.

Their efforts may be for naught, though, if the Senate is receptive to Scott’s amendment. Even if senators reject it, the measure’s inclusion in the House version of the NDAA could give it new life in the reconciliation process.

Like this story? We think you’ll also like the Future of FLYING newsletter sent every Thursday afternoon. Sign up now.

The post Senators Urged to Adopt Anti-China Drone Measure appeared first on FLYING Magazine.

The development is being lauded by pilot groups who have denounced the FAA policy of requiring LODAs for certain aircraft owners and flight instructors as onerous, confusing, and an abrupt reversal of decades of regulatory precedent.

Similar to an exemption, LODAs allows for operations within specific regulatory guardrails, which may differ from what was initially permitted for a given aircraft category. 

LODAs have been required for the experimental aircraft community since July 2021, after the FAA sought enforcement action against a company providing flight instruction in a World War II-era Curtiss P-40N Warhawk that was certified in the limited category. The FAA claimed that the company—Warbird Adventures—had violated FAR  91.315, which prohibits limited category civil aircraft from carrying passengers for compensation or hire, and that conducting training in this limited category required an exemption. The agency’s interpretation was later upheld in federal court.

• READ MORE: An FAA and Federal Court Interpretation of the FARs Threatens Flight Instruction

Historically, LODAs have been required for U.S.-based leasing companies operating large N-registered transport category airplanes, (which would typically fly under Part 125) under Part 91 for specific reasons. Some sport aviation operators had also needed to request LODAs since July 2001, when the FAA announced that it was implementing the requirement for anyone receiving and providing instruction in limited, primary, and experimental category aircraft.

The policy change grounded nearly 40,000 pilots overnight, according to the Aircraft Owners and Pilots Association (AOPA), which lobbied for its reversal.

Last week, Congress took aim at the FAA regulation. On December 8, the House passed the 2023 National Defense Authorization Act (NDAA), allocating $858 billion for defense spending, as well as for non-military items, including the elimination of the LODA requirement for experimental aircraft during flight training.

Flight instructors providing student instruction would not be considered operating an aircraft for compensation or hire, according to a provision included in the House bill. While the Senate version did not initially include the provision, it was later added.

Final legislative language states that flight instructors and aircraft owners are not required to obtain a LODA from FAA for flight training, checking or testing in an experimental aircraft, “if no person advertises the aircraft or instruction as available for those activities, the flight instructor is not providing both the training and the aircraft, and that no person receives compensation for use of the aircraft during those activities, other than expenses owed for operating, owning, and maintaining the aircraft.”

What does a limited-category warbird have to do with experimental amateur-built aircraft? Both are operated outside of the normal confines of Part 23 or 25 certificated aircraft, but can be approached with a high degree of safety—particularly if expert and competent instruction is available. That’s why many instructors volunteer their time in both categories of aircraft, in order to provide quality training.

The U.S. Court of Appeals’ two-page decision opened the regulatory doors wide enough for the FAA to cite FAA Advisory Circular 61-142 and claim “accumulating flight time” and “generating goodwill” fit the definition of compensation. 

The aviation community pushed back since the spirit of volunteering has been the heart of sport aviation, as evidenced by programs such as EAA’s Technical Advisor and Flight Advisor initiatives, which the FAA has recognized for years as legitimate means of providing mentoring and guidance for those building and operating E/AB aircraft and warbirds. The FAA eventually clarified its stance in July 2021, yet firmly maintained the LODA requirement. Last week’s legislation rerouted the FAA’s flight plan and provided pilots flying experimentals new hope that they could continue to seek expert training without an expensive and laborious process.

Industry Response

Pilot groups, such as AOPA and the Experimental Aircraft Association (EAA) that were part of a coalition that railed against the FAA LODA policy change, lauded Congress’ action to repeal it.

“Our thanks go out to the members of Congress who understood this and included this important policy fix in legislation,” said Sean Elliott, EAA’s vice president of advocacy and safety. Elliot said the FAA’s use of LODAs was a “…broad-brush way to address a poor legal interpretation that served only to degrade safety,” adding that it was “completely misguided.”

The Congressional action is a first step, according to AOPA President Mark Baker. “The FAA legal office has turned the definition of flight training upside down and this provision is only the first step in getting us back to where we were and where we need to be,” Baker said. “Flight training is a safety issue and we don’t need anything that impacts that in a negative way,” 

There is more work to do, he said. “We will continue to work with our friends in Congress to take the next step and codify the definition of flight training that has been used for more than 60 years.”

The Senate passed the NDAA Thursday evening, sending the bill to President Biden’s desk for his signature. 

The post Defense Spending Bill Set To Repeal FAA LODA Policy for Flight Training in Experimental Aircraft appeared first on FLYING Magazine.

The 2023 National Defense Authorization Act (NDAA) was affirmed Thursday by House members in a 329-101 vote. 

“Providing for our common defense remains a crucial responsibility for all Members of Congress, regardless of party, and it requires a collective commitment to our national security and to the American people’s defense priorities,” House Armed Services Committee Chair Adam Smith (D-Washington) said following the vote.

The sweeping $840.2 billion authorization package included a $37 billion increase to DOD’s top line budget, and included hundreds of amendments. Some amendments will affect military aircraft fleets in various ways, including:

• Limitations to how many McDonnell Douglas F-15 Eagles the U.S. Air Force will be allowed to retire
• A prohibition on the Air National Guard retiring the Fairchild RC-26 Condor tactical Intelligence, Surveillance, and Reconnaissance (ISR) platform
• A requirement that older Lockheed Martin F-22 Raptor fighters that the USAF had slated to retire be upgraded instead
• Authorizes the purchase of 64 Lockheed Martin F-35 Lightning II fighters and eight Boeing F/A-18E/F Super Hornets

The bill also greenlit authorization to spend $1 billion in military aid in Ukraine, Roll Call reported. Included in the authorization of support for the war-torn country was an amendment earmarking $100 million to train Ukrainian pilots to fly U.S. fighter jets, which Ukrainian officials say are desperately needed to combat the ongoing Russian invasion.

Last month, Reps. Chrissy Houlahan (D-Pennsylvania) and Adam Kinzinger (R-Illinois), both U.S. Air Force veterans, proposed the measure in a standalone bill that called for the training of Ukrainian fighter pilots on F-15 and General Dynamics F-16 Fighting Falcon platforms.

Good news about the training of Ukrainian #TopGun pilots in the #USA #ArmUkraineNow #F15 #F16 https://t.co/v96nAEqeVH

— Ukrainian Air Force (@KpsZSU) July 15, 2022

Ukrainian defense officials announced the passage of the NDAA Friday morning, noting that it included a “bipartisan amendment to authorize $100 million for training of pilots to become familiarized with U.S. aircraft.”

The move was also well received by the Ukrainian Air Force, which praised the amendment’s inclusion. “Good news about the training of Ukrainian TopGun pilots in the USA,” Ukrainian Air Force said Friday morning on social media.

• READ MORE: Ukrainian Pilots Visit U.S. To Lobby for Fighter Jets

Last month, two Ukrainian fighter pilots traveled to Capitol Hill to lobby lawmakers to allow the U.S. to train Ukrainian fighter pilots to fly F-15s and F-16s. 

“If we’re talking about air-to-air superiority, basically the Russians have obvious technical advantages over our fighter jets,” a Ukrainian pilot identified by the callsign “Moonfish” told CNN at the time. “The numbers say that providing us with the U.S.-made fighter jets would make us at least matching them, or, I believe, even more advanced,” he said.

A Senate version of the defense authorization bill, which has not yet been put to vote, could reach the floor in September, Politico reported. 

• READ MORE: Pentagon Puts Brakes on Sale of Gray Eagle Drones To Ukraine

The post U.S. House OKs $100M To Train Ukrainian Pilots appeared first on FLYING Magazine.