[House Report 119-549]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-549
======================================================================
RECREATIONAL DRONE EMPOWERMENT ACT
_______
March 16, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 6460]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6460) to amend title 49, United
States Code, to clarify exceptions for limited recreational
operations of unmanned aircraft, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings and Recommendations................. 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose of Legislation
The purpose of H.R. 6460 is to amend title 49, United
States Code, to clarify exceptions for limited recreational
operations of unmanned aircraft, and for other purposes.
Background and Need for Legislation
In section 349 of the FAA Reauthorization Act of 2018 (P.L.
115-254) (FAARA18), Congress classified model aircraft as
recreational unmanned aircraft systems (UAS).\1\ The
legislation laid out the conditions that small UAS (sUAS) must
meet in order to safely operate without specific certification
or authorization from the Federal Aviation Administration
(FAA). Such conditions included: (1) the sUAS being flown
strictly for recreational purposes; (2) the sUAS is flown
within the visual line of sight of the operator; (3) the sUAS
is operated in a manner that does not interfere with manned
aviation; (4) in Class G, uncontrolled airspace, the sUAS is
flown not more than 400 feet above ground level (a.g.l).\2\
Conversely, persons operating a sUAS for recreational purposes
from a fixed site in controlled airspace (Class B, Class C,
Class D, or within the lateral boundaries of the surface area
of Class E airspace designated for an airport) must make the
location of the fixed site known to the FAA and establish
mutually agreed upon operating procedures with the appropriate
air traffic control facility.\3\
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\1\FAA Reauthorization Act of 2018, Pub. L. No. 115-254, 132 Stat.
3297.
\2\Id.
\3\Id.
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It is important to note the varying sectors of Class E,
controlled airspace, generally begins where Class G
(uncontrolled airspace) ends unless such airspace is associated
with an airport surface area or a surface level extension to
another class of airspace. Class E airspace is comprised of
multiple sectors of airspace, including Class E2, Class E3,
Class E4, and Class E5 airspace. As captured in the language of
FAARA18, Class E2 airspace is a surface level extension
designated for an airport. Class E3 airspace is an extension to
a Class C surface area, Class E4 is an extension to Class D or
Class E surface area, and Class E5 airspace begins above class
G airspace, typically at either 700 or 1,200 feet a.g.l.\4\
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\4\FEDERAL AVIATION ADMINISTRATION, CLASS E AIRSPACE, available at
https://www.faa.gov/sites/faa.gov/files/uas/resources/events_calendar/
archive/How_To_Understand_and_ Operate_in_Class_E.pdfation.
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Since passage of FAARA18, model aeronautics associations
have been working with the Federal Aviation Administration
(FAA) to ensure proper implementation of the law to safely
expand recreational sUAS operations in the National Airspace
System. The FAA Reauthorization Act of 2024 (P.L. 118-63)
(FAARA24) built on the foundation of FAARA18 and required the
FAA, in concert with community-based organizations (CBOs)
sponsoring such recreational operations, to develop a process
to approve requests for recreational sUAS to exceed the maximum
altitude listed on UAS Facility Maps published by the FAA.\5\
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\5\FAA Reauthorization Act of 2024, Pub. L. No. 118-63, 138 Stat.
1363.
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Unfortunately, the FAA's new interpretation of FAARA18 and
FAARA24 conflicted with Congressional intent. The FAA's
interpretation of the language resulted in the agency only
authorizing recreational sUAS operations in Class E2 airspace
designated for an airport, leaving several previously FAA-
approved CBOs and recreational drone clubs across the country
unable to legally operate sUAS in certain areas. Congress'
intent was to safely expand recreational sUAS operations, not
confine them to Class E2 airspace.
H.R. 6460, the Recreational Drone Empowerment Act, allows
model aircraft clubs to request permission from the FAA to
operate recreational sUAS in Class E2, E3, E4, and E5 airspace,
as it does for all other classifications of airspace. The
Recreational Drone Empowerment Act does not require the FAA to
automatically grant such a request for operations, it merely
authorizes the agency, through its approval process, to permit
such a request.
Hearings
The following hearing was used to develop or consider H.R.
6460: On Thursday, March 30, 2023, the Subcommittee on Aviation
held a two-panel hearing entitled, ``FAA Reauthorization:
Harnessing the Evolution of Flight to Deliver for the American
People.'' During the first panel, Members received testimony
from Mr. Adam Woodworth, Chief Executive Officer, Wing; Dr.
Catherine Cahill, Ph.D., Director, The Alaska Center of UAS
Integration, University of Alaska Fairbanks; Chief Roxana
Kennedy, Chief of Police, Chula Vista Police Department; Dr.
Stuart Ginn, M.D., Medical Director for WakeMed Innovations,
WakeMed Health and Hospitals. During the second panel, Members
received testimony from Mr. Kyle Clark, Founder and Chief
Executive Officer, BETA Technologies; Mr. JoeBen Bevirt,
Founder and Chief Executive Officer, Joby Aviation; Mr.
Chrisopher Bradshaw, President and Chief Executive Officer,
Bristow Group, on behalf of the Helicopter Association
International; Mr. Clint Harper, AAM Expert and Community
Advocate. The hearing focused on the need for a robust
framework that enables advanced aviation operations within the
National Airspace System.
Legislative History and Consideration
H.R. 6460, the ``Recreational Drone Empowerment Act'', was
introduced in the United States House of Representatives on
December 4, 2025, by Representative Tracey Mann (R-KS) and
referred to the Committee on Transportation and Infrastructure.
Within the Committee on Transportation and Infrastructure, H.R.
6460 was referred to the Subcommittee on Aviation. The
Subcommittee on Aviation was discharged from further
consideration of H.R. 6460 on December 18, 2025.
The Committee considered H.R. 6460 on December 18, 2025,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
No recorded votes were requested.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 6460 from the
Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 6460 would expand the areas in which recreational
drones are authorized to fly. CBO expects that implementing the
bill could affect the Federal Aviation Administration's costs
to regulate and enforce the use of drones; however, we estimate
that those costs would total less than $500,000 over the 2026-
2030 period. Any related spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Aaron Krupkin.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to amend
title 49, United States Code, to clarify exceptions for limited
recreational operations of unmanned aircraft, and for other
purposes.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 6460 establishes or reauthorizes a program of the
Federal government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits,
and Limited Tariff Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 6460 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
created by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that this bill may be cited as the
``Recreational Drone Empowerment Act.''
Section 2. Clarifying recreational operations of drone systems
This section amends title 49, United States Code, section
44809(c)(2)(C) to ensure that the Federal Aviation
Administration has the statutory authority to, if appropriate,
approve recreational sUAS operations in all sectors of Class E
airspace.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
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SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART iii--SAFETY
* * * * * * *
CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
* * * * * * *
Sec. 44809. Exception for limited recreational operations of unmanned
aircraft
(a) In General.--Except as provided in subsection (e), and
notwithstanding chapter 447 of title 49, United States Code, a
person may operate a small unmanned aircraft without specific
certification or operating authority from the Federal Aviation
Administration if the operation adheres to all of the following
limitations:
(1) The aircraft is flown strictly for recreational
purposes.
(2) The aircraft is operated in accordance with or
within the programming of a community-based
organization's set of safety guidelines that are
developed in coordination with the Federal Aviation
Administration.
(3) The aircraft is flown within the visual line of
sight of the person operating the aircraft or a visual
observer co-located and in direct communication with
the operator.
(4) The aircraft is operated in a manner that does
not interfere with and gives way to any manned
aircraft.
(5) In Class B, Class C, or Class D airspace or
within the lateral boundaries of the surface area of
Class E airspace designated for an airport, the
operator obtains prior authorization from the
Administrator or designee before operating and complies
with all airspace restrictions and prohibitions.
(6) Except for circumstances when the Administrator
establishes alternative altitude ceilings or as
otherwise authorized in section (c), in Class G
airspace, the aircraft is flown from the surface to not
more than 400 feet above ground level and complies with
all airspace and flight restrictions and prohibitions
established under this subtitle, such as special use
airspace designations and temporary flight
restrictions.
(7) The operator has passed an aeronautical knowledge
and safety test described in subsection (g) and
maintains proof of test passage to be made available to
the Administrator or law enforcement upon request.
(8) The aircraft is registered and marked in
accordance with chapter 441 of this title and proof of
registration is made available to the Administrator or
a designee of the Administrator or law enforcement upon
request.
(b) Other Operations.--Unmanned aircraft operations that do
not conform to the limitations in subsection (a) must comply
with all statutes and regulations generally applicable to
unmanned aircraft and unmanned aircraft systems.
(c) Operations at Fixed Sites.--
(1) In general.--The Administrator shall establish a
process to approve, and publicly disseminate the
location of, fixed sites at which a person may carry
out recreational unmanned aircraft system operations.
(2) Operating procedures.--
(A) Controlled airspace.--Persons operating
unmanned aircraft under paragraph (1) from a
fixed site within Class B, Class C, or Class D
airspace or within the lateral boundaries of
the surface area of Class E airspace designated
for an airport, or a community-based
organization sponsoring operations within such
airspace, shall make the location of the fixed
site known to the Administrator and shall
establish a mutually agreed upon operating
procedure with the air traffic control
facility.
(B) Altitude.--The Administrator, in
coordination with community-based organizations
sponsoring operations at fixed sites, shall
develop a process to approve requests for
recreational unmanned aircraft systems
operations at fixed sites that exceed the
maximum altitude contained in a UAS Facility
Map published by the Federal Aviation
Administration.
(C) Uncontrolled and class e airspace.--
Subject to compliance with all airspace and
flight restrictions and prohibitions
established under this subtitle, including
special use airspace designations and temporary
flight restrictions, persons operating unmanned
aircraft systems from a fixed site designated
under the process described in paragraph (1)
may operate within Class G airspace, Class E
airspace above Class G airspace, or a Class E
airspace designated as an extension to a Class
B, Class C, Class D, or Class E surface area--
(i) up to 400 feet above ground
level, without prior authorization from
the Administrator; and
(ii) above 400 feet above ground
level, with prior authorization from
the Administrator.
(3) Unmanned aircraft weighing 55 pounds or
greater.--A person may operate an unmanned aircraft
weighing 55 pounds or greater, including the weight of
anything attached to or carried by the aircraft, if--
(A) the unmanned aircraft complies with
standards and limitations developed by a
community-based organization and approved by
the Administrator; and
(B) the aircraft is operated from a fixed
site as described in paragraph (1).
(4) FAA-recognized identification areas.--In
implementing subpart C of part 89 of title 14, Code of
Federal Regulations, the Administrator shall prioritize
the review and adjudication of requests to establish
FAA Recognized Identification Areas at fixed sites
established under this section.
(d) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require a person operating an unmanned aircraft under this
section to seek permissive authority of the Administrator,
beyond that required in this section, prior to operation in the
national airspace system.
(e) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
an enforcement action against a person operating any unmanned
aircraft who endangers the safety of the national airspace
system.
(f) Exceptions.--Nothing in this section prohibits the
Administrator from promulgating rules generally applicable to
unmanned aircraft, including those unmanned aircraft eligible
for the exception set forth in this section, relating to--
(1) the operational parameters for unmanned aircraft
in subsection (a);
(2) the registration and marking of unmanned
aircraft;
(3) the standards for remotely identifying owners and
operators of unmanned aircraft systems and associated
unmanned aircraft; and
(4) other standards consistent with maintaining the
safety and security of the national airspace system.
(g) Aeronautical Knowledge and Safety Test.--
(1) In general.--The Administrator, in consultation
with manufacturers of unmanned aircraft systems,
community-based organizations, and other industry
stakeholders, shall develop, maintain, and update, as
necessary, an aeronautical knowledge and safety test.
Such test shall be administered electronically by the
Administrator or a person designated by the
Administrator.
(2) Requirements.--The Administrator shall ensure the
aeronautical knowledge and safety test is designed to
adequately demonstrate an operator's--
(A) understanding of aeronautical safety
knowledge; and
(B) knowledge of Federal Aviation
Administration regulations and requirements
pertaining to the operation of an unmanned
aircraft system in the national airspace
system.
(h) Community-based Organization Defined.--In this section,
the term ``community-based organization'' means a membership-
based association entity that--
(1) is recognized by the Administrator of the Federal
Aviation Administration;
(2) is described in section 501(c)(3) of the Internal
Revenue Code of 1986;
(3) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986;
(4) the mission of which is demonstrably the
furtherance of model aviation;
(5) provides a comprehensive set of safety guidelines
for all aspects of model aviation addressing the
assembly and operation of model aircraft and that
emphasize safe aeromodelling operations within the
national airspace system and the protection and safety
of individuals and property on the ground, and may
provide a comprehensive set of safety rules and
programming for the operation of unmanned aircraft that
have the advanced flight capabilities enabling active,
sustained, and controlled navigation of the aircraft
beyond visual line of sight of the operator;
(6) provides programming and support for any local
charter organizations, affiliates, or clubs; and
(7) provides assistance and support in the
development and operation of locally designated model
aircraft flying sites.
(i) Recognition of Community-based Organizations.--In
collaboration with aeromodelling stakeholders, the
Administrator shall publish an advisory circular within 180
days of the date of enactment of this section that identifies
the criteria and process required for recognition of community-
based organizations.
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[all]