United States' Federal Government Drone Procurement Rules

On November 21, 2025, the Office of Management and Budget (OMB) issued a new memorandum (M-26-02) implementing the American Security Drone Act (ASDA) of 2023. This regulation establishes strict security requirements for federal agencies and recipients of federal funds when procuring and using unmanned aircraft systems (UAS, commonly known as drones).

The policy addresses risks from insecure or foreign-made drones, such as unauthorized data access, surveillance, and supply chain vulnerabilities. It aims to protect federal information and promote secure, preferably domestic UAS solutions. The rules apply to all non-defense and non-intelligence community federal agencies, as well as grants and cooperative agreements involving federal data.

Key requirements include treating UAS as both aircraft and IT systems. Agencies must:

Conduct thorough market research to identify secure options.

Perform impact assessments (using standards like Federal Information Processing Standard (FIPS) 199) to evaluate data sensitivity.

Enforce strong access controls (e.g., multifactor authentication per National Institute of Standards and Technology (NIST) guidelines).

Ensure software/firmware updates come only from trusted sources and remain isolated from agency networks.

Mandate data encryption at rest and in transit.

Allow operators to opt out of unnecessary data transmission.

Delete sensitive data after missions.

Provide remote wipe capabilities where possible.

Procurement processes—from planning and solicitation to contract award and performance—must incorporate these security measures. Starting December 22, 2025, federal funds generally cannot procure or operate drones prohibited under the ASDA (often those from certain foreign entities), building on existing bans in the Federal Acquisition Regulation.

Limited exemptions and waivers are available for mission-critical needs, but they require high-level approval, detailed documentation, and oversight. Agencies must monitor compliance through audits and reporting, with full policy updates due by May 20, 2026.

This framework supplements existing prohibitions on certain foreign drones and signals a push for greater reliance on secure, U.S.-aligned technologies in federal operations.

Citation: Holland & Knight Alert, "Drones and the Federal Government: What Contractors Need to Know About the Latest OMB Guidance," December 1, 2025 (analyzing OMB Memorandum M-26-02, issued November 21, 2025).