Fri, 08 Mar 2024 11:39:26 -0500

ADVISORY ON USE OF UNMANNED AIRCRAFT SYSTEMS (UAS) ALSO KNOWN AS DRONES March 7, 2024

The Office of Research Protection and Compliance (ORPC) along with Environmental Health and Safety (EHS) are putting forth an advisory to UMBC researchers and students regarding the procurement of drones, also commonly referred to as unmanned aircraft systems (UAS) for use on U.S. government funded research grants and projects.

WHO IS THIS ADVISORY FOR?

Anyone using or planning on using drones.

On December 22, 2023, President Biden signed the Fiscal Year (FY)2024 National Defense Authorization Act (NDAA) into law on 12/22/23 as Public Law No: 118-31.

The NDAA is legislation passed every year by Congress to provide policy directives to the Department of Defense (DoD), as well as suggested funding levels for DoD programs. Public Law 118-31 contains language that will substantially impact all federally funded (direct and indirect/pass through) research involving drones. The applicable Subtitle is B – Drone Security. Section 1825 is entitled, “Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities,”

We anticipate state governments may issue similar regulations in the future.

The DoD already restricts the use of drones from certain foreign entities, including companies from China and Russia, in DoD-funded research and operations. Public Law 118-31 broadly prohibits the use of federal funds from any agency for the purchase or operation of drones from these companies including for purposes of research grants. There is bipartisan support for this policy, which will fully come into effect on 12/22/25, two years after the date of the enactment of this law. The legislation allows for certain limited exemptions and exceptions from the ban, but we won't have final detailed guidance on the government agencies implementation of this law for at least six months.

Banned UAS include the Chinese brand DJI, or any entity on the restricted party list, which makes the vast majority of small UAS sold in the U.S. today. DJI drones typically cost less than comparable drones made by other manufacturers. Also impacted are custom-built drones that incorporate certain key components made in covered countries (i.e. flight controllers, radios, data transmission devices, cameras, gimbals, ground control systems, and operating software).

ORPC & EHS RECOMMENDATIONS FOR THOSE PLANNING TO USE OR ARE USING DRONES IN YOUR RESEARCH AND CREATIVE ACHIEVMENT (RCA) ACTIVITIES:

1) Fill out an Equipment, Technology and Materials screening form in order for

our office to verify that the drone is an allowable purchase.

2) Consult with ORPC and or Environmental Health and Safety if necessary

3) Utilize unrestricted suppliers when estimating costing for Drones purchased

under, or are expected to be utilized under, sponsored awards.

Researchers and students across UMBC should be aware of this new restriction if they plan to incorporate UAS into research projects. If you are currently using drones on research grants or contracts that will be ongoing two years from now when the ban comes into effect, or contemplating using drones in your research, we encourage you to contact ORPC.

Please contact ORPC or ESH prior to acquiring any drones in order to determine if there are any other applicable export compliance matters that need to be addressed.

Additional Resources

1) CYBERSECURITY GUIDANCE: CHINESE-MANUFACTURED UAS

2) Unmanned Aircraft Systems (UAS)

3) American Security Drone Act of 2023