Unmanned Aircraft Systems (UAS) (aka - Drones)
The American Security Drone Act
The American Security Drone Act, formally known as Section 1821 of the National Defense Authorization Act for Fiscal Year 2024, prohibits the U.S. federal government from procuring or operating unmanned aircraft systems (UAS), or drones, manufactured or assembled by "covered foreign entities". This act aims to reduce reliance on foreign-manufactured drone technology, particularly from countries identified as national security threats, and mitigate potential vulnerabilities.
Overview of FAR 52.240-1 Prohibition
Starting on Dec 22, 2025, FAR 52.240-1 will prohibit the use of drones that are manufactured or assembled by certain foreign entities in performance of federal contracts and may also appear in some grant agreements. The list of foreign entities is currently under development and will be maintained by the Federal Acquisition Security Council (FASC) and published in the System for Award Management (SAM) at https://www.sam.gov. It is anticipated that the FASC will include foreign entities on the Department of Defense (DoD) 1260H List.
Overview of the Department of Defense (DoD) 1260H List
The Department of Defense maintains a list of Chinese military companies that operate directly or indirectly in the U.S. in accordance with Section 1260H of the National Defense Authorization Act for Fiscal Year 2021. The current list is available here. The list includes some of the most popular drones on the market, such as DJI and Autel Robotics
Overview of 252.225-7972 Prohibition
In addtion, some federal contracts may include Defense Federal Aquistion Regulation (DFAR) clause 252.225-7972. This clause prohibits the use of any drone, flight controller, software, or network services/storage in performance of the contract that are manufactured or domiciled in the People’s Republic of China.
Note: These lists and restrictions should be kept in mind even if your current awards do not contain these restrictions.
What should I do if I am already using a drone on a federal award?
If you are already using a drone on a federal aard that extends into 2026, you should contact your project manager to discuss switching drones in the next budget period.
What shoud I consider if I am purchasing a new drone?
When planning for the purchase of a new or replacement drone, it is important to consider the potential limitations of procuring a drone covered under these regulations.
Blue UAS Cleared List
The Department of Defense (DoD) maintains a list of approved drones, known as the Blue UAS Cleared List, which are vetted for security and compliance with DoD policy. The program encourages the development and adoption of domestically produced drones, supporting the growth of the US drone industry. The list includes a range of drones. Visit the Blue UAS Cleared List website.
SBU Drone Safety
Environmental Health and Safety (EH&S) maintains a Drone Safety information page which includes information about information on FAA guidelines, campus policy, and a drone application.
Data Security for Drones
Flight Data
Securing flight data is crucial for preventing theft or hijacking of your drone. A drone that features AES256 or higher encryption between the controller and drone is highly recommened. If cloud services are involved, the data should be protected by HTTPS or SSL. When available, a local data mode should be used during flight to keep the transmission of flight data solely between the controller and the drone.
Sensor Data
Securing the data collected for analysis is just as important as securing your flight data. Data that is saved to a local SD memory card should be encrypted and password protected whenever possible. This prevents loss or theft of your data before you’ve had the chance to move it off the SD card and into processing. If the data collected will be streamed directly from the sensor to a cloud storage solution, that transmission should be protected by HTTPS or SSL.
Cloud Security
All software used in the operation of the drone and its sensors must be reviewed and approved by DoIT Information Security *before* procurement and/or use on a research program. Note: If the software is not approved for procurement, you may have to select a different drone or sensor manufacturer.
Use of Drones and Export Control Compliance
In addition to civilian aviation safety regulations (federal, state, and local), certain drones are also subject to export control restrictions, including those obtained from standard commercial sources. Such drones may require a government-issued export license in order be used overseas or by non-U.S. persons. Review the Use of Drones and Export Control Compliance.
Questions?
Contact the Office of Research Security (ORS) if you have any questions about purchasing a drone, exporting a drone, or data security.