(a)
(1)
(2)
(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—
(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;
(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and
(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing;
(B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system;
(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;
(D) a timeline for the phased-in approach described under subparagraph (C);
(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;
(F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing;
(G) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and
(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.
(3)
(4)
(5)
(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of—
(i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;
(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and
(iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate;
(B) a description of how the Administration plans to use research and development, including research and development conducted through NASA's Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system;
(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and
(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.
(b)
(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 44807;
(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and
(3) an update to the Administration's most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714.
(Added Pub. L. 115–254, div. B, title III, §341(a), Oct. 5, 2018, 132 Stat. 3285.)
Provisions similar to those in this section were contained in section 332(a) and (b) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The dates in subsec. (a)(1) and (3) to (5) reflect those enacted by Pub. L. 112–95, which all precede the date of the enactment of this section by Pub. L. 115–254. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out below.
Pub. L. 115–254, div. B, title III, §342, Oct. 5, 2018, 132 Stat. 3287, provided that:
"(a)
"(b)
"(1) the potential use of UTM and other technologies to ensure the safe and lawful operation of unmanned aircraft in the national airspace system;
"(2) the appropriate roles, responsibilities, and authorities of government agencies and the private sector in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft;
"(3) the use of models, threat assessments, probabilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and
"(4) appropriate systems, training, intergovernmental processes, protocols, and procedures to mitigate risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems.
"(c)
"(d)
"(1) avoid duplication;
"(2) leverage capabilities learned across programs;
"(3) support the safe integration of UAS into the national airspace; and
"(4) systematically and timely implement or execute—
"(A) commercially-operated Low Altitude Authorization and Notification Capability;
"(B) the Unmanned Aircraft System Integration Pilot Program; and
"(C) the Unmanned Traffic Management Pilot Program."
Pub. L. 115–254, div. B, title III, §351, Oct. 5, 2018, 132 Stat. 3301, provided that:
"(a)
"(b)
"(c)
"(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors;
"(2) address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk;
"(3) promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and
"(4) identify the most effective models of balancing local and national interests in UAS integration.
"(d)
"(1) Identification of the airspace to be used, including shape files and altitudes.
"(2) Description of the types of planned operations.
"(3) Identification of stakeholder partners to test and evaluate planned operations.
"(4) Identification of available infrastructure to support planned operations.
"(5) Description of experience with UAS operations and regulations.
"(6) Description of existing UAS operator and any other stakeholder partnerships and experience.
"(7) Description of plans to address safety, security, competition, privacy concerns, and community outreach.
"(e)
"(1)
"(2)
"(3)
"(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access;
"(B) establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road[s] and parks, sidewalks or private property based on zoning density, or other land use considerations;
"(C) requiring notice to public safety or zoning or land use authorities before operating; and
"(D) prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events).
"(f)
"(1) Overall economic, geographic, and climatic diversity of the selected jurisdictions.
"(2) Overall diversity of the proposed models of government involvement.
"(3) Overall diversity of the UAS operations to be conducted.
"(4) The location of critical infrastructure.
"(5) The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS.
"(6) The involvement of affected communities in, and their support for, participating in the pilot program.
"(7) The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns.
"(8) The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
"(A) Promoting innovation and economic development.
"(B) Enhancing transportation safety.
"(C) Enhancing workplace safety.
"(D) Improving emergency response and search and rescue functions.
"(E) Using radio spectrum efficiently and competitively.
"(g)
"(1) identify and resolve technical challenges to UAS integration;
"(2) address airspace use to safely and efficiently integrate all aircraft;
"(3) inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link);
"(4) inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and beyond visual line of sight); and
"(5) address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal Government entities, and privacy issues.
"(h)
"(i)
"(j)
"(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled 'Unmanned Aircraft Systems Integration Pilot Program', as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and
"(2) prior to the date of enactment of this Act [Oct. 5, 2018].
"(k)
"(1) The term 'Lead Applicant' means an eligible State, local or Tribal government that has submitted a timely application.
"(2) The term 'NAS' means the low-altitude national airspace system.
"(3) The term 'UAS' means unmanned aircraft system."
Pub. L. 115–254, div. B, title III, §352, Oct. 5, 2018, 132 Stat. 3304, provided that:
"(a)
"(b)
"(1) to provide real time confirmation that an application filed online has been received by the Administration; and
"(2) to provide an applicant with an opportunity to review the status of the applicant's application."
Pub. L. 115–254, div. B, title III, §353, Oct. 5, 2018, 132 Stat. 3304, provided that:
"(a)
"(1) is an increasingly important tool in response to a catastrophe, disaster, or other emergency;
"(2) helps facilitate emergency response operations, such as firefighting and search and rescue; and
"(3) helps facilitate post-catastrophic response operations, such as utility and infrastructure restoration efforts and the safe and prompt processing, adjustment, and payment of insurance claims.
"(b)
"(c)
Pub. L. 115–254, div. B, title III, §354, Oct. 5, 2018, 132 Stat. 3305, provided that: "An unmanned aircraft system that is operated underground for mining purposes shall not be subject to regulation or enforcement by the FAA [Federal Aviation Administration] under title 49, United States Code."
Pub. L. 115–254, div. B, title III, §363, Oct. 5, 2018, 132 Stat. 3308, provided that:
"(a)
"(b)
"(c)
Pub. L. 115–254, div. B, title III, §376, Oct. 5, 2018, 132 Stat. 3314, provided that:
"(a)
"(b)
"(1) In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders, allow testing of unmanned aircraft operations, of increasing volumes and density, in airspace above test ranges, as such term is defined in section 44801 of title 49, United States Code, as well as other sites determined by the Administrator to be suitable for UTM testing, including those locations selected under the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal Register 50301 [set out below].
"(2) Permit the testing of various remote identification and tracking technologies evaluated by the Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee.
"(3) Where the particular operational environment permits, permit blanket waiver authority to allow any unmanned aircraft approved by a UTM system pilot program selectee to be operated under conditions currently requiring a case-by-case waiver under part 107, title 14, Code of Federal Regulations, provided that any blanket waiver addresses risks to airborne objects as well as persons and property on the ground.
"(c)
"(1) include the development of safety standards to permit, authorize, or allow the use of UTM services, which may include the demonstration and validation of such services at the test ranges, as defined in section 44801 of title 49, United States Code, or other sites as authorized by the Administrator;
"(2) outline the roles and responsibilities of industry and government in establishing UTM services that allow applicants to conduct commercial and noncommercial operations, recognizing the primary private sector role in the development and implementation of the Low Altitude Authorization and Notification Capability and future expanded UTM services;
"(3) include an assessment of various components required for necessary risk reduction and mitigation in relation to the use of UTM services, including—
"(A) remote identification of both cooperative and non-cooperative unmanned aircraft systems in the national airspace system;
"(B) deconfliction of cooperative unmanned aircraft systems in the national airspace system by such services;
"(C) the manner in which the Federal Aviation Administration will conduct oversight of UTM systems, including interfaces between UTM service providers and air traffic control;
"(D) the need for additional technologies to detect cooperative and non-cooperative aircraft;
"(E) collaboration and coordination with air traffic control, or management services and technologies to ensure the safety oversight of manned and unmanned aircraft, including—
"(i) the Federal Aviation Administration responsibilities to collect and disseminate relevant data to UTM service providers; and
"(ii) data exchange protocols to share UAS operator intent, operational approvals, operational restraints, and other data necessary to ensure safety or security of the National Airspace System;
"(F) the potential for UTM services to manage unmanned aircraft systems carrying either cargo, payload, or passengers, weighing more than 55 pounds, and operating at altitudes higher than 400 feet above ground level; and
"(G) cybersecurity protections, data integrity, and national and homeland security benefits; and
"(4) establish a process for—
"(A) accepting applications for operation of UTM services in the national airspace system;
"(B) setting the standards for independent private sector validation and verification that the standards for UTM services established pursuant to paragraph (1) enabling operations beyond visual line of sight, have been met by applicants; and
"(C) notifying the applicant, not later than 120 days after the Administrator receives a complete application, with a written approval, disapproval, or request to modify the application.
"(d)
"(1) shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations;
"(2) shall consider, as appropriate—
"(A) protection of persons and property on the ground;
"(B) remote identification and tracking of aircraft;
"(C) collision avoidance with respect to obstacles and non-cooperative aircraft;
"(D) deconfliction of cooperative aircraft and integration of other relevant airspace considerations;
"(E) right of way rules, inclusive of UAS operations;
"(F) safe and reliable coordination between air traffic control and other systems operated in the national airspace system;
"(G) detection of non-cooperative aircraft;
"(H) geographic and local factors including but not limited to terrain, buildings and structures;
"(I) aircraft equipage; and
"(J) qualifications, if any, necessary to operate UTM services; and
"(3) may establish temporary flight restrictions or other means available such as a certificate of waiver or authorization (COA) for demonstration and validation of UTM services.
"(e)
"(f)
"(1) airspace away from congested areas; or
"(2) other airspace above areas in which operations of unmanned aircraft pose low risk, as determined by the Administrator.
"(g)
"(h)
"(1) the National Aeronautics and Space Administration in partnership with industry stakeholders;
"(2) the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]); and
"(3) the participants in the pilot program required in the October 25, 2017, Presidential Memorandum entitled, 'Unmanned Aircraft Systems Integration Pilot Program' and described in 82 Federal Register 50301.
"(i)
"(1) complete the plan required by subsection (a);
"(2) submit the plan to—
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(3) publish the plan on a publicly accessible Internet website of the Federal Aviation Administration."
Pub. L. 115–254, div. B, title III, §377, Oct. 5, 2018, 132 Stat. 3317, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Pub. L. 115–254, div. B, title III, §380, Oct. 5, 2018, 132 Stat. 3319, provided that:
"(a)
"(b)
"(1) Section 332 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note).
"(2) Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
"(3) Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
"(4) Section 2206 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).
"(c)
Pub. L. 115–254, div. B, title VII, §721, Oct. 5, 2018, 132 Stat. 3411, provided that: "The Secretary [of Transportation] shall submit the unmanned aircraft systems roadmap to Congress on an annual basis as required under section 48802(a) [probably should be "44802(a)"] of title 49, United States Code, as added by this Act."
Pub. L. 115–91, div. A, title X, §1092, Dec. 12, 2017, 131 Stat. 1610, provided that:
"(a)
"(1)
"(2)
"(A) Sharing information on safely integrating unmanned aircraft systems and manned aircraft in the national airspace system.
"(B) The development of civil standards, policies, and procedures for the Federal Aviation Administration for integrating unmanned aircraft systems in the national airspace system by leveraging the historical and current testing, training, and operational experiences of the Department of Defense, particularly the Air Force, of unmanned flight operations[.]
"(C) Informing stakeholders about—
"(i) the development of airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems; and
"(ii) research and development on unmanned aircraft systems, especially with respect to matters involving human factors, information assurance, and security.
"(b)
"(1)
"(2)
"(c)
"(d)
Pub. L. 114–190, title II, subtitle B, July 15, 2016, 130 Stat. 628, as amended by Pub. L. 115–254, div. B, title III, §§346(b)(3), 369, 383(b)(2), Oct. 5, 2018, 132 Stat. 3295, 3311, 3322, provided that:
"(a)
"(b)
"(a)
"(b)
"(1) requirements for remote identification of unmanned aircraft systems;
"(2) appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and
"(3) the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and the operators thereof, and any criteria for exclusion from the database.
"(c)
"(d)
"(a)
"(b)
"(1)
"(2)
"(A) information about, and sources of, laws and regulations applicable to small unmanned aircraft;
"(B) recommendations for using small unmanned aircraft in a manner that promotes the safety of persons and property;
"(C) the date that the safety statement was created or last modified; and
"(D) language approved by the Administrator regarding the following:
"(i) A person may operate the small unmanned aircraft as a model aircraft (as defined in [former] section 336 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note)) or otherwise in accordance with Federal Aviation Administration authorization or regulation, including requirements for the completion of any applicable airman test.
"(ii) The definition of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note).
"(iii) The requirements regarding the operation of a model aircraft under [former] section 336 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note).
"(iv) The Administrator may pursue enforcement action against a person operating model aircraft who endangers the safety of the national airspace system.
"(c)
"(a)
"(b)
"(c)
"(a)
"(b)
"(c)
"(a)
"(b)
"(1) make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and
"(2) explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts.
"(c)
"(a)
"(1)
"(2)
"(A) identify research outcomes sought; and
"(B) ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential future regulatory and operational frameworks, for unmanned aircraft systems in the national airspace system.
"(3)
"(4)
"(A) initiate development of the research plan not later than 60 days after the date of enactment of this Act [July 15, 2016]; and
"(B) not later than 180 days after the date of enactment of this Act—
"(i) complete the research plan;
"(ii) submit the research plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
"(iii) publish the research plan on the Internet Web site of the Federal Aviation Administration.
"(b)
"(1)
"(2)
"(c)
"(a)
"(b)
"(1)
"(A)
"(B)
"(C)
"(i) Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities.
"(ii) Oil refineries and chemical facilities.
"(iii) Amusement parks.
"(iv) Other locations that warrant such restrictions.
"(2)
"(A)
"(B)
"(i) the boundaries for unmanned aircraft operation near the fixed site facility; and
"(ii) such other limitations that the Administrator determines may be appropriate.
"(C)
"(i) aviation safety;
"(ii) protection of persons and property on the ground;
"(iii) national security; or
"(iv) homeland security.
"(D)
"(c)
"(d)
"(e)
"(1) Not later than March 31, 2019, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.
"(2) Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule.
"(a)
"(1) beyond the visual line of sight of the individual operating the unmanned aircraft system; and
"(2) during the day or at night.
"(b)
"(1) activities for which manned aircraft may be used to comply with Federal, State, or local laws, including—
"(A) activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing pipelines or pipeline systems; and
"(B) activities relating to ensuring compliance with—
"(i) parts 192 and 195 of title 49, Code of Federal Regulations; and
"(ii) the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to the construction, ownership, operation, maintenance, repair, or replacement of covered facilities;
"(2) activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and
"(3) activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond the control of the applicant that may cause material damage to a covered facility.
"(c)
"(1)
"(A) a pipeline or pipeline system;
"(B) an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility);
"(C) an oil or gas production, refining, or processing facility; or
"(D) any other critical infrastructure facility.
"(2)
"(d)
"(1)
"(2)
"(e)
[Amended section 332 of Pub. L. 112–95, formerly set out in a note below.]
"(a)
"(1) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes, traveling at various speeds;
"(2) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various sizes, traveling at various speeds;
"(3) collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling at various speeds; and
"(4) collisions between unmanned aircraft systems and various parts of the aforementioned aircraft, including—
"(A) windshields;
"(B) noses;
"(C) engines;
"(D) radomes;
"(E) propellers; and
"(F) wings.
"(b)
"(a)
"(b)
Pub. L. 113–66, div. A, title X, §1075(a), Dec. 26, 2013, 127 Stat. 870, provided that:
"(1)
"(2)
Pub. L. 112–239, div. A, title X, §1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, provided that:
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(i) progress in accomplishing the goals of the unmanned aircraft systems research, development, and demonstration as related to the Department of Defense Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems of October 2010, and any ongoing and collaborative research and development programs with the Federal Aviation Administration and the National Aeronautics and Space Administration;
"(ii) estimates of long-term funding needs and details of funds expended and allocated in the budget requests of the President that support integration into the National Airspace; and
"(iii) progress in sharing with the Federal Aviation Administration safety operational and performance data as it relates to unmanned aircraft system operation and the impact on the National Airspace System.
"(B)
"(c)
Pub. L. 112–95, title III, subtitle B, Feb. 14, 2012, 126 Stat. 72, as amended by Pub. L. 114–190, title I, §1102(i), title II, §§2201(b), 2211, July 15, 2016, 130 Stat. 618, 628, 636; Pub. L. 115–254, div. B, title III, §§341(b)(2), 346(b)(2), 347(b)(2), 349(b)(2), Oct. 5, 2018, 132 Stat. 3287, 3295, 3296, 3300, provided that:
"In this subtitle, the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(8)
"(9)
"The Administrator of the Federal Aviation Administration shall carry out all safety studies necessary to support the integration of unmanned aircraft systems into the national airspace system.
Pub. L. 112–81, div. A, title X, §1097, Dec. 31, 2011, 125 Stat. 1608, provided that:
"(a)
"(b)
"(1) safely designate nonexclusionary airspace for integrated manned and unmanned flight operations in the national airspace system;
"(2) develop certification standards and air traffic requirements for unmanned flight operations at test ranges;
"(3) coordinate with and leverage the resources of the Department of Defense and the National Aeronautics and Space Administration;
"(4) address both civil and public unmanned aircraft systems;
"(5) ensure that the program is coordinated with the Next Generation Air Transportation System; and
"(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the national airspace system.
"(c)
"(1) take into consideration geographic and climatic diversity;
"(2) take into consideration the location of ground infrastructure and research needs; and
"(3) consult with the Department of Defense and the National Aeronautics and Space Administration.
"(d)
"(e)
"(f)
"(g)
"(1) The term 'appropriate congressional committees' means—
"(A) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Science, Space, and Technology of the House of Representatives; and
"(B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
"(2) The term 'test range' means a defined geographic area where research and development are conducted."
Memorandum of President of the United States, Feb. 15, 2015, 80 F.R. 9355, provided:
Memorandum for the Heads of Executive Departments and Agencies
Unmanned Aircraft Systems (UAS) technology continues to improve rapidly, and increasingly UAS are able to perform a variety of missions with greater operational flexibility and at a lower cost than comparable manned aircraft. A wide spectrum of domestic users—including industry, private citizens, and Federal, State, local, tribal, and territorial governments—are using or expect to use these systems, which may play a transformative role in fields as diverse as urban infrastructure management, farming, public safety, coastal security, military training, search and rescue, and disaster response.
The Congress recognized the potential wide-ranging benefits of UAS operations within the United States in the FAA Modernization and Reform Act of 2012 (Public Law 112–95), which requires a plan to safely integrate civil UAS into the National Airspace System (NAS) by September 30, 2015. As compared to manned aircraft, UAS may provide lower-cost operation and augment existing capabilities while reducing risks to human life. Estimates suggest the positive economic impact to U.S. industry of the integration of UAS into the NAS could be substantial and likely will grow for the foreseeable future.
As UAS are integrated into the NAS, the Federal Government will take steps to ensure that the integration takes into account not only our economic competitiveness and public safety, but also the privacy, civil rights, and civil liberties concerns these systems may raise.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish transparent principles that govern the Federal Government's use of UAS in the NAS, and to promote the responsible use of this technology in the private and commercial sectors, it is hereby ordered as follows:
(a) Privacy Protections. Particularly in light of the diverse potential uses of UAS in the NAS, expected advancements in UAS technologies, and the anticipated increase in UAS use in the future, the Federal Government shall take steps to ensure that privacy protections and policies relative to UAS continue to keep pace with these developments. Accordingly, agencies shall, prior to deployment of new UAS technology and at least every 3 years, examine their existing UAS policies and procedures relating to the collection, use, retention, and dissemination of information obtained by UAS, to ensure that privacy, civil rights, and civil liberties are protected. Agencies shall update their policies and procedures, or issue new policies and procedures, as necessary. In addition to requiring compliance with the Privacy Act in applicable circumstances, agencies that collect information through UAS in the NAS shall ensure that their policies and procedures with respect to such information incorporate the following requirements:
(i) Collection and Use. Agencies shall only collect information using UAS, or use UAS-collected information, to the extent that such collection or use is consistent with and relevant to an authorized purpose.
(ii) Retention. Information collected using UAS that may contain PII shall not be retained for more than 180 days unless retention of the information is determined to be necessary to an authorized mission of the retaining agency, is maintained in a system of records covered by the Privacy Act, or is required to be retained for a longer period by any other applicable law or regulation.
(iii) Dissemination. UAS-collected information that is not maintained in a system of records covered by the Privacy Act shall not be disseminated outside of the agency unless dissemination is required by law, or fulfills an authorized purpose and complies with agency requirements.
(b) Civil Rights and Civil Liberties Protections. To protect civil rights and civil liberties, agencies shall:
(i) ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law;
(ii) ensure that UAS activities are performed in a manner consistent with the Constitution and applicable laws, Executive Orders, and other Presidential directives; and
(iii) ensure that adequate procedures are in place to receive, investigate, and address, as appropriate, privacy, civil rights, and civil liberties complaints.
(c) Accountability. To provide for effective oversight, agencies shall:
(i) ensure that oversight procedures for agencies' UAS use, including audits or assessments, comply with existing agency policies and regulations;
(ii) verify the existence of rules of conduct and training for Federal Government personnel and contractors who work on UAS programs, and procedures for reporting suspected cases of misuse or abuse of UAS technologies;
(iii) establish policies and procedures, or confirm that policies and procedures are in place, that provide meaningful oversight of individuals who have access to sensitive information (including any PII) collected using UAS;
(iv) ensure that any data-sharing agreements or policies, data use policies, and record management policies applicable to UAS conform to applicable laws, regulations, and policies;
(v) establish policies and procedures, or confirm that policies and procedures are in place, to authorize the use of UAS in response to a request for UAS assistance in support of Federal, State, local, tribal, or territorial government operations; and
(vi) require that State, local, tribal, and territorial government recipients of Federal grant funding for the purchase or use of UAS for their own operations have in place policies and procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to expending such funds.
(d) Transparency. To promote transparency about their UAS activities within the NAS, agencies that use UAS shall, while not revealing information that could reasonably be expected to compromise law enforcement or national security:
(i) provide notice to the public regarding where the agency's UAS are authorized to operate in the NAS;
(ii) keep the public informed about the agency's UAS program as well as changes that would significantly affect privacy, civil rights, or civil liberties; and
(iii) make available to the public, on an annual basis, a general summary of the agency's UAS operations during the previous fiscal year, to include a brief description of types or categories of missions flown, and the number of times the agency provided assistance to other agencies, or to State, local, tribal, or territorial governments.
(e) Reports. Within 180 days of the date of this memorandum, agencies shall provide the President with a status report on the implementation of this section. Within 1 year of the date of this memorandum, agencies shall publish information on how to access their publicly available policies and procedures implementing this section.
(a) There is hereby established a multi-stakeholder engagement process to develop and communicate best practices for privacy, accountability, and transparency issues regarding commercial and private UAS use in the NAS. The process will include stakeholders from the private sector.
(b) Within 90 days of the date of this memorandum, the Department of Commerce, through the National Telecommunications and Information Administration, and in consultation with other interested agencies, will initiate this multi-stakeholder engagement process to develop a framework regarding privacy, accountability, and transparency for commercial and private UAS use. For this process, commercial and private use includes the use of UAS for commercial purposes as civil aircraft, even if the use would qualify a UAS as a public aircraft under 49 U.S.C. 40102(a)(41) and 40125. The process shall not focus on law enforcement or other noncommercial governmental use.
(a) "Agencies" means executive departments and agencies of the Federal Government that conduct UAS operations in the NAS.
(b) "Federal Government use" means operations in which agencies operate UAS in the NAS. Federal Government use includes agency UAS operations on behalf of another agency or on behalf of a State, local, tribal, or territorial government, or when a nongovernmental entity operates UAS on behalf of an agency.
(c) "National Airspace System" means the common network of U.S. airspace; air navigation facilities, equipment, and services; airports or landing areas; aeronautical charts, information, and services; related rules, regulations, and procedures; technical information; and manpower and material. Included in this definition are system components shared jointly by the Departments of Defense, Transportation, and Homeland Security.
(d) "Unmanned Aircraft System" means an unmanned aircraft (an aircraft that is operated without direct human intervention from within or on the aircraft) and associated elements (including communication links and components that control the unmanned aircraft) that are required for the pilot or system operator in command to operate safely and efficiently in the NAS.
(e) "Personally identifiable information" refers to information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual, as set forth in Office of Management and Budget Memorandum M–07–16 (May 22, 2007) and Office of Management and Budget Memorandum M–10–23 (June 25, 2010).
(b) This memorandum shall be implemented consistent with applicable law, and subject to the availability of appropriations.
(c) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(d) Independent agencies are strongly encouraged to comply with this memorandum.
(e) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(f) The Secretary of Commerce is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Memorandum of President of the United States, Oct. 25, 2017, 82 F.R. 50301, provided:
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
The private sector has rapidly advanced UAS capabilities to address the needs of recreational, commercial, and public users. To promote continued technological innovation and to ensure the global leadership of the United States in this emerging industry, the regulatory framework for UAS operations must be sufficiently flexible to keep pace with the advancement of UAS technology, while balancing the vital Federal roles in protecting privacy and civil liberties; mitigating risks to national security and homeland security; and protecting the safety of the American public, critical infrastructure, and the Nation's airspace. Well-coordinated integration of UAS into the national airspace system (NAS) alongside manned aircraft will increase the safety of the NAS and enable the authorization of more complex UAS operations.
The Federal Aviation Administration (FAA) has taken steps to integrate UAS into the NAS at specific test sites and has issued operational requirements for small UAS operations in the NAS. Further integration will require continued private-sector cooperation and the involvement of State, local, and tribal governments in Federal efforts to develop and enforce regulations on UAS operations in their jurisdictions. Input from State, local, tribal, and private-sector stakeholders will be necessary to craft an optimal strategy for the national management of UAS operations. A coordinated effort between the private sector and among these governments will provide certainty and stability to UAS owners and operators, maximize the benefits of UAS technologies for the public, and mitigate risks to public safety and security.
(b) The objectives of the Program shall be to:
(i) test and evaluate various models of State, local, and tribal government involvement in the development and enforcement of Federal regulations for UAS operations;
(ii) encourage UAS owners and operators to develop and safely test new and innovative UAS concepts of operations; and
(iii) inform the development of future Federal guidelines and regulatory decisions on UAS operations nationwide.
(i) solicit proposals from State, local, and tribal governments to test within their jurisdictions the integration of civil and public UAS operations into the NAS below 200 feet above ground level, or up to 400 feet above ground level if the Secretary determines that such an adjustment would be appropriate;
(ii) select proposals by State, local, and tribal governments for participation in the Program according to the criteria listed in subsection (b) of this section;
(iii) enter into agreements with the selected governments to establish the terms of their involvement in UAS operations within their jurisdictions, including their support for Federal enforcement responsibilities; describe the proposed UAS operations to be conducted; and identify the entities that will conduct such operations, including, if applicable, the governments themselves; and
(iv) as necessary, use existing authorities to grant exceptions, exemptions, authorizations, and waivers from FAA regulations to the entities identified in the agreements described in subsection (iii) of this section [sic], including through the issuance of waivers under 14 CFR Part 107 and Certificates of Waiver or Authorization under [former] section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) (Public Law 112–95) [see note above].
(b) In selecting proposals for participation in the Program under subsection (a) of this section, the Secretary shall consider:
(i) overall economic, geographic, and climatic diversity of the selected jurisdictions;
(ii) overall diversity of the proposed models of government involvement;
(iii) overall diversity of the UAS operations to be conducted;
(iv) the location of critical infrastructure;
(v) the involvement of commercial entities in the proposal, and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS;
(vi) the involvement of affected communities in, and their support for, participating in the Program;
(vii) the commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety, and to address competition, privacy, and civil liberties concerns; and
(viii) the commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
(A) promoting innovation and economic development;
(B) enhancing transportation safety;
(C) enhancing workplace safety;
(D) improving emergency response and search and rescue functions; and
(E) using radio spectrum efficiently and competitively.
(c) Within 180 days of the establishment of the Program, the Secretary shall enter into agreements with State, local, or tribal governments to participate in the Program, with the goal of entering into at least 5 such agreements by that time.
(d) In carrying out subsection (c) of this section, the Secretary shall select State, local, or tribal governments that plan to begin integration of UAS into the NAS in their jurisdictions within 90 days after the date on which the agreement is established.
(e) The Secretary shall consider new proposals for participation in the Program up to 1 year before the Program is scheduled to terminate.
(f) The Secretary shall apply best practices from existing FAA test sites, waivers granted under 14 CFR part 107, exemptions granted under [former] section 333 of the FMRA, the FAA Focus Area Pathfinder Program, and any other relevant programs in order to expedite the consideration of exceptions, exemptions, authorizations, and waivers from FAA regulations to be granted under the Program, as described in subsection (a)(iv) of this section.
(g) The Secretary shall address any non-compliance with the terms of exceptions, exemptions, authorizations, waivers granted, or agreements made with UAS users or participating jurisdictions in a timely and appropriate manner, including by revoking or modifying the relevant terms.
(b) The Secretary, in coordination with the Secretaries of Defense and Homeland Security and the Attorney General, shall take necessary and appropriate steps to:
(i) mitigate risks to public safety and homeland and national security when selecting proposals and implementing the Program; and
(ii) monitor compliance with relevant laws and regulations to ensure that Program activities do not interfere with national defense, homeland security, or law enforcement operations and missions.
(c) The heads of executive departments and agencies with relevant law enforcement responsibilities (Federal law enforcement agencies), including the Attorney General and the Secretary of Homeland Security, shall develop and implement best practices to enforce the laws and regulations governing UAS operations conducted under the Program.
(d) In carrying out the responsibilities set forth in subsection (c) of this section, the heads of Federal law enforcement agencies shall coordinate with the Secretaries of Defense and Transportation, as well as with the relevant State, local, or tribal law enforcement agencies.
(e) In implementing the Program, the Secretary shall coordinate with the Secretaries of Defense and Homeland Security and the Attorney General to test counter-UAS capabilities, as well as platform and system-wide cybersecurity, to the extent appropriate and consistent with law.
(b) Before and after the termination of the Program, the Secretary shall use the information and experience yielded by the Program to inform the development of regulations, initiatives, and plans to enable safer and more complex UAS operations, and shall, as appropriate, share information with the Secretaries of Defense and Homeland Security, the Attorney General, and the heads of other executive departments and agencies.
(c) After the date of this memorandum and until the Program is terminated, the Secretary, in consultation with the Secretaries of Defense and Homeland Security and the Attorney General, shall submit an annual report to the President setting forth the Secretary's interim findings and conclusions concerning the Program. Not later than 90 days after the Program is terminated, the Secretary shall submit a final report to the President setting forth the Secretary's findings and conclusions concerning the Program.
(a) The term "unmanned aircraft system" has the meaning given that term in section 331 of the FMRA [Pub. L. 112–95, set out in a note above].
(b) The term "public unmanned aircraft system" has the meaning given that term in section 331 of the FMRA.
(c) The term "civil unmanned aircraft system" means an unmanned aircraft system that meets the qualifications and conditions required for operation of a civil aircraft, as defined in 49 U.S.C. 40102.
(i) the authority granted by law to an executive department or agency, or the head thereof;
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or
(iii) the conduct of public aircraft operations, as defined in 49 U.S.C. 40102(a)(41) and 40125, by executive departments and agencies, consistent with applicable Federal law.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.