Ohio Senate Bill 180 proposes enacting a new section of the Revised Code (Section 5501.84) to restrict public entities within the state from purchasing or acquiring small unmanned aircraft systems (drones) manufactured or assembled by entities identified as “foreign adversaries.” The bill also prohibits the use of state funds for such systems and imposes a deadline (May 1, 2027) after which public entities would be prohibited from operating existing drones from foreign adversaries. The bill mandates the Secretary of State to create and maintain a publicly accessible registry of foreign adversaries based on specific federal lists.
Main Themes and Key Ideas:
- Restriction on Public Entities Regarding Foreign-Made Drones: The central theme is the prohibition of public entities in Ohio from engaging with drones manufactured or assembled by “foreign adversaries.” This restriction covers both the initial purchase or acquisition and the use of state funds in connection with these systems.
- Key Quote: “(B)(1) A public entity shall not purchase or otherwise acquire a small unmanned aircraft system that is manufactured or assembled by a foreign adversary.”
- Key Quote: “(B)(2) No state funds shall be used in connection with small unmanned aircraft systems manufactured or assembled by a foreign adversary, including state funds that are awarded through a contract, grant, or cooperative agreement or that are otherwise made available.”
- Future Ban on Operation: In addition to prohibiting new acquisitions and funding, the bill establishes a future deadline for the operation of existing foreign adversary drones.
- Key Quote: “(B)(3) On or after May 1, 2027, a public entity shall not operate a small unmanned aircraft system manufactured or assembled by a foreign adversary.”
- Definition of Key Terms: The bill clearly defines terms essential to its application, particularly “foreign adversary” and “small unmanned aircraft system.”
- “Foreign Adversary”: Defined as “a country listed on the registry published by the secretary of state under division (C) of this section.” This definition is crucial as the registry determines which entities are subject to the restrictions.
- “Small Unmanned Aircraft System”: Defined with specific characteristics including being a powered aerial vehicle, not carrying a human operator, using aerodynamic forces for lift, flying autonomously or being piloted remotely, and being expendable or recoverable. The definition explicitly states it is commonly referred to as a drone and does not include a satellite.
- Establishment and Maintenance of a Foreign Adversary Registry: The bill mandates the Ohio Secretary of State to compile and update a public registry of foreign adversaries. This registry serves as the definitive list for identifying entities subject to the bill’s restrictions.
- Key Quote: “(C)(1) The secretary of state shall compile and update at least one time every six months a registry of foreign adversaries and other persons that, based on the best information available to the secretary of state, constitute a threat to the agricultural production, critical infrastructure, security, or military defense of this state or the United States.”
- Key Quote: “(C)(2) The registry shall be published on the secretary of state’s web site.”
- Basis for the Foreign Adversary Registry: The bill specifies the federal lists that the Secretary of State must consult when compiling the registry. Crucially, the Secretary of State is restricted to including only persons or entities that appear on at least one of these federal lists.
- The federal lists to be consulted include:
- The list from the Secretary of Commerce under Executive Order 13873 (regarding significant adverse conduct to U.S. national security).
- The terrorist exclusion list from the Secretary of State and Attorney General under 8 U.S.C. 1182.
- The list of countries providing support for international terrorism from the Secretary of State under 50 U.S.C. 4813(c) and 22 U.S.C. 2780(d).
- Individuals and entities designated under Executive Order 13224 and Executive Order 13268.
- Key Quote: “(C)(4) The secretary of state shall not include on the registry any person that does not appear on at least one of the federal lists described in division (C)(3) of this section.”
- Scope of “Public Entity”: The bill broadly defines “public entity” to encompass all levels of state and local government in Ohio.
- Key Quote: “(2) “Public entity” means the state and all political subdivisions of the state, including all boards, authorities, commissions, agencies, committees, councils, state colleges or universities, and other state entities created by the Ohio Constitution or the Revised Code.”
Most Important Ideas or Facts:
- The core purpose of SB 180 is to prevent Ohio public entities from using drones linked to foreign adversaries, citing potential threats to state and national security, infrastructure, and agriculture.
- The bill relies heavily on a registry of foreign adversaries compiled by the Secretary of State, which must be based only on existing federal government lists. This ties the state’s restrictions directly to federal threat assessments.
- The bill has a clear timeline: immediate prohibition on purchase/acquisition and funding, followed by a ban on operation starting May 1, 2027. This suggests a phased approach to divesting from existing foreign adversary drones.
- The broad definition of “public entity” means the restrictions apply to a wide range of governmental bodies within Ohio.
- The specific definition of “small unmanned aircraft system” clarifies the type of technology being targeted by the legislation.
Conclusion:
Ohio Senate Bill 180, as introduced, aims to secure state operations from potential threats posed by drones manufactured or assembled by identified foreign adversaries. By prohibiting public entities from acquiring, funding, and eventually operating such systems, and by creating a registry based on federal data, the bill seeks to align Ohio’s drone usage with national security considerations. The phased implementation, with a future operational ban, suggests a transition period for public entities to comply with the new regulations.convert_to_textConvert to source