Prohibitions on Certain Drones in Federally Funded Research
The purpose of this guidance is to provide researchers with an important update on prohibitions regarding the operation, use, and procurement of certain drones and unmanned aircraft systems (UAS) in federally funded research.
Key Update
The University is prohibited from operating, using, or procuring any drone or UAS from DJI, Autel, and other entities identified on the “Consolidated Screening” List or by the Federal Acquisition Security Council (FASC) in connection with federal contracts, grants, or cooperative agreements.
Summary
The American Security Drone Act of 2023, passed through the 2024 NDAA, prohibits federal funds awarded through a contract, grant, or cooperative agreement to be used to procure a “covered unmanned aircraft system” manufactured or assembled by a “covered foreign entity,” or to be used in connection with the operation of such a drone or unmanned aircraft system (UAS). This prohibition is implemented in part through FAR clause 52.240-91 and federal agency policies (such as the Department of Energy and National Science Foundation).
Under these rules, a “covered foreign entity” means entities included on a list developed and maintained by FASC and published at sam.gov. Currently, sam.gov identifies all entities on the Consolidated Screening List as “covered foreign entities” subject to this restriction.
Notably, DJI (SZ DJI Technology Co., Ltd) and Autel Robotics (Shenzhen Daotong Intelligent Aviation Technology Co.), two large UAS manufacturers, are included in the Consolidated Screening List.
Other prohibitions and disclosure requirements
Some federal contracts may include DFARs clause 252.225-7972. This clause prohibits the University from providing or using in the performance of the contract any UAS that is manufactured People’s Republic of China or by an entity domiciled in the People’s Republic of China.
In addition, the Department of Energy requires that award applicants disclose whether FASC-prohibited UAS equipment will be used on the proposed project.
How to Comply
University researchers that use drones in research should review their current drone inventory and confirm that they are not using prohibited UASs in connection with a federal research project.
To assist with compliance, the U.S. government has developed the “Blue List” of UAS manufacturers. The Blue List provides selection of drones and related technologies that meet U.S. government security requirements.
Questions
If you have further questions about this guidance, please contact the University’s Research Security Officer Joe Doyle.