49 U.S.C. § 44802 — Integration of civil unmanned aircraft

Page 1398 TITLE 49—TRANSPORTATION § 44802 1 See Prior Provisions note below. cable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY Pub. L. 115–254, div. B, title III, § 357, Oct. 5, 2018, 132 Stat. 3305, provided that: ‘‘It is the policy of the United States that the operation of any unmanned aircraft or unmanned aircraft system shall be carried out in a manner that respects and protects personal privacy consistent with the United States Constitution and Federal, State, and local law.’’ STRATEGY FOR RESPONDING TO PUBLIC SAFETY THREATS AND ENFORCEMENT UTILITY OF UNMANNED AIRCRAFT SYSTEMS Pub. L. 115–254, div. B, title III, § 366, Oct. 5, 2018, 132 Stat. 3310, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator of the Federal Aviation Administration shall develop a comprehensive strategy to provide outreach to State and local governments and provide guidance for local law enforcement agencies and first responders with respect to— ‘‘(1) how to identify and respond to public safety threats posed by unmanned aircraft systems; and ‘‘(2) how to identify and take advantage of opportu- nities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and first responders. ‘‘(b) RESOURCES.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a publicly available Internet website that contains resources for State and local law enforcement agencies and first responders seeking— ‘‘(1) to respond to public safety threats posed by un- manned aircraft systems; and ‘‘(2) to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the ef- fectiveness of local law enforcement agencies and public safety response efforts. ‘‘(c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this section, the term ‘unmanned aircraft system’ has the meaning given that term in section 44801 of title 49, United States Code, as added by this Act.’’ FEDERAL TRADE COMMISSION AUTHORITY Pub. L. 115–254, div. B, title III, § 375, Oct. 5, 2018, 132 Stat. 3314, provided that: ‘‘(a) IN GENERAL.—A violation of a privacy policy by a person that uses an unmanned aircraft system for compensation or hire, or in the furtherance of a busi- ness enterprise, in the national airspace system shall be an unfair and deceptive practice in violation of sec- tion 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)). ‘‘(b) DEFINITIONS.—In this section, the terms ‘un- manned aircraft’ and ‘unmanned aircraft system’ have the meanings given those terms in section 44801 of title 49, United States Code.’’ COMMERCIAL AND GOVERNMENTAL OPERATORS Pub. L. 115–254, div. B, title III, § 379, Oct. 5, 2018, 132 Stat. 3318, provided that: ‘‘(a) IN GENERAL.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Aviation Administration] shall, to the extent practicable and consistent with applica- ble law, make available in a single location on the website of the Department of Transportation: ‘‘(1) Any certificate of waiver or authorization issued by the Administration to Federal, State, tribal or local governments for the operation of unmanned aircraft systems within 30 days of issuance of such certificate of waiver or authorization. ‘‘(2) A spreadsheet of UAS registrations, including the city, state [probably should be ‘‘State’’], and zip code of each registered drone owner, on its website that is updated once per quarter each calendar year. ‘‘(3) Summary descriptions and general purposes of public unmanned aircraft operations, including the locations where such unmanned aircraft may gen- erally operate. ‘‘(4) Summary descriptions of common civil un- manned aircraft operations. ‘‘(5) The expiration date of any authorization of public or civil unmanned aircraft operations. ‘‘(6) Links to websites of State agencies that en- force any applicable privacy laws. ‘‘(7) For any unmanned aircraft system, except with respect to any operation protected by the First Amendment to the Constitution of the United States, that will collect personally identifiable information about individuals, including the use of facial recogni- tion— ‘‘(A) the circumstance under which the system will be used; ‘‘(B) the specific kinds of personally identifiable information that the system will collect about indi- viduals; and ‘‘(C) how the information referred to in subpara- graph (B), and the conclusions drawn from such in- formation, will be used, disclosed, and otherwise handled, including— ‘‘(i) how the collection or retention of such in- formation that is unrelated to the specific use will be minimized; ‘‘(ii) under what circumstances such informa- tion might be sold, leased, or otherwise provided to third parties; ‘‘(iii) the period during which such information will be retained; ‘‘(iv) when and how such information, including information no longer relevant to the specified use, will be destroyed; and ‘‘(v) steps that will be used to protect against the unauthorized disclosure of any information or data, such as the use of encryption methods and other security features. ‘‘(8) With respect to public unmanned aircraft sys- tems— ‘‘(A) the locations where the unmanned aircraft system will operate; ‘‘(B) the time during which the unmanned air- craft system will operate; ‘‘(C) the general purpose of the flight; and ‘‘(D) the technical capabilities that the unmanned aircraft system possesses. ‘‘(b) EXCEPTIONS.—The Administrator shall not dis- close information pursuant to subsection (a) if the Ad- ministrator determines that the release of such infor- mation— ‘‘(1) is not applicable; ‘‘(2) is not practicable, including when the informa- tion is not available to the Administrator; ‘‘(3) is not in compliance with applicable law; ‘‘(4) would compromise national defense, homeland security or law enforcement activity; ‘‘(5) would be withheld pursuant to an exception of the [sic] section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’); or ‘‘(6) is otherwise contrary to the public interest. ‘‘(c) SUNSET.—This section will cease to be effective on the date that is the earlier of— ‘‘(1) the date of publication of a Notice of Proposed Rulemaking or guidance regarding remote identifica- tion standards under section 2202 of the FAA Exten- sion, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615 [629]) [49 U.S.C. 44802 note]; or ‘‘(2) September 30, 2023.’’ § 44802. Integration of civil unmanned aircraft systems into national airspace system (a) REQUIRED PLANNING FOR INTEGRATION.— (1) COMPREHENSIVE PLAN.—Not later than November 10, 2012,1 the Secretary of Transpor- Page 1399 TITLE 49—TRANSPORTATION § 44802 tation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the un- manned aircraft systems industry, shall de- velop a comprehensive plan to safely accel- erate the integration of civil unmanned air- craft systems into the national airspace sys- tem. (2) CONTENTS OF PLAN.—The plan required under paragraph (1) shall contain, at a min- imum, recommendations or projections on— (A) the rulemaking to be conducted under subsection (b), with specific recommenda- tions on how the rulemaking will— (i) define the acceptable standards for operation and certification of civil un- manned aircraft systems; (ii) ensure that any civil unmanned air- craft system includes a sense-and-avoid ca- pability; and (iii) establish standards and require- ments for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registra- tion and licensing; (B) the best methods to enhance the tech- nologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the na- tional 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 op- eration of civil unmanned aircraft systems and public unmanned aircraft systems si- multaneously in the national airspace sys- tem; and (H) incorporation of the plan into the an- nual NextGen Implementation Plan docu- ment (or any successor document) of the Federal Aviation Administration. (3) DEADLINE.—The plan required under para- graph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as prac- ticable, but not later than September 30, 2015.1 (4) REPORT TO CONGRESS.—Not later than February 14, 2013,1 the Secretary shall submit to Congress a copy of the plan required under paragraph (1). (5) ROADMAP.—Not later than February 14, 2013,1 the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the in- troduction of civil unmanned aircraft systems into the national airspace system, as coordi- nated by the Unmanned Aircraft Program Of- fice of the Administration. The Secretary shall update, in coordination with the Admin- istrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The road- map shall include, at a minimum— (A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for un- manned aircraft systems integration into the national airspace system, including an identification of— (i) the role of the unmanned aircraft sys- tems test ranges established under sub- section (c) and the Unmanned Aircraft Systems Center of Excellence; (ii) performance objectives for unmanned aircraft systems that operate in the na- tional airspace system; and (iii) research and development priorities for tools that could assist air traffic con- trollers as unmanned aircraft systems are integrated into the national airspace sys- tem, as appropriate; (B) a description of how the Administra- tion plans to use research and development, including research and development con- ducted 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 tech- nologies needed to integrate unmanned air- craft systems into the national airspace sys- tem, including decisionmaking by adaptive systems, such as sense-and-avoid capabili- ties and cyber physical systems security. (b) RULEMAKING.—Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register— (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 re- quirements for expedited operational author- ization under section 44807; (2) a notice of proposed rulemaking to imple- ment the recommendations of the plan re- quired 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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 332(a) and (b) of Pub. L. 112–95, which Page 1400 TITLE 49—TRANSPORTATION § 44802 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 sub- sec. (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. Statutory Notes and Related Subsidiaries PART 107 WAIVER IMPROVEMENTS Pub. L. 118–63, title IX, § 908, May 16, 2024, 138 Stat. 1343, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall adopt a performance- and risk-based approach in reviewing requests for cer- tificates of waiver under section 107.200 of title 14, Code of Federal Regulations. ‘‘(b) STANDARDIZATION OF WAIVER APPLICATION.— ‘‘(1) IN GENERAL.—In carrying out subsection (a), the Administrator shall improve the process to sub- mit requests for certificates of waiver described in subsection (a). ‘‘(2) FORMAT.—In carrying out paragraph (1), the Administrator may not require the use of open-ended descriptive prompts that are required to be filled out by an applicant, except to provide applicants the ability to provide the FAA [Federal Aviation Admin- istration] with information for an unusual or irreg- ular operation. ‘‘(3) DATA.— ‘‘(A) IN GENERAL.—In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers. ‘‘(B) CONSIDERATIONS.—In carrying out subpara- graph (A), the Administrator shall safely use— ‘‘(i) big data analytics; and ‘‘(ii) machine learning. ‘‘(c) CONSIDERATION OF PROPERTY ACCESS.— ‘‘(1) IN GENERAL.—In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall— ‘‘(A) consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and ‘‘(B) recognize and account for the safety en- hancements of such controlled access. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to influence the extent to which the Administrator considers a lack of control over access to all real property on the ground within an area of operation as affecting the safety of an op- eration intended to be conducted under such certifi- cate of waiver. ‘‘(d) PUBLIC AVAILABILITY OF WAIVERS.— ‘‘(1) IN GENERAL.—The Administrator shall publish all certificates of waiver issued under section 107.200 of title 14, Code of Federal Regulations, on the website of the FAA, including, with respect to each issued certificate of waiver— ‘‘(A) the terms, conditions, and limitations; and ‘‘(B) the class of airspace and any restrictions re- lated to operating near airports or heliports. ‘‘(2) PUBLICATION.—In carrying out paragraph (1), the Administrator shall ensure that published infor- mation is made available in a manner that prevents inappropriate disclosure of proprietary information. ‘‘(e) PRECEDENTIAL USE OF PREVIOUSLY APPROVED WAIVERS.— ‘‘(1) WAIVER APPROVAL PRECEDENT.—If the Adminis- trator determines, using criteria for a particular waiver, that an application for a certificate of waiver issued under section 107.200 of title 14, Code of Fed- eral Regulations, is substantially similar (or is com- prised of elements that are substantially similar) to an application for a certificate of waiver that the Ad- ministrator has previously approved, the Adminis- trator may streamline, as appropriate, the approval of applications for such a particular waiver. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) shall be construed to preclude an applicant for a certificate of waiver from applying to modify a condi- tion or remove a limitation of such certificate. ‘‘(f) MODIFICATION OF WAIVERS.— ‘‘(1) IN GENERAL.—The Administrator shall establish an expedited review process for a request to modify or renew certificates of waiver previously issued under section 107.200 of title 14, Code of Federal Regula- tions, as appropriate. ‘‘(2) USE OF REVIEW PROCESS.—The review process established under paragraph (1) shall be used to mod- ify or renew certificates of waiver that cover oper- ations that are substantially similar in all material facts to operations covered under a previously issued certificate of waiver.’’ [For definition of ‘‘certificate of waiver’’ as used in section 908 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] DRONE INFRASTRUCTURE INSPECTION GRANT PROGRAM Pub. L. 118–63, title IX, § 912, May 16, 2024, 138 Stat. 1348, provided that: ‘‘(a) AUTHORITY.—Not later than 270 days after the date of enactment of this Act [May 16, 2024], the Sec- retary [of Transportation] shall establish an unmanned aircraft system infrastructure inspection grant pro- gram to provide grants to governmental entities to fa- cilitate the use of small unmanned aircraft systems to support more efficient inspection, operation, construc- tion, maintenance, and repair of an element of critical infrastructure to improve worker safety related to projects. ‘‘(b) USE OF GRANT AMOUNTS.—A governmental entity may use a grant provided under this section to— ‘‘(1) purchase or lease small unmanned aircraft sys- tems; ‘‘(2) support the operational capabilities of small unmanned aircraft systems used by the governmental entity; ‘‘(3) contract for services performed using a small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and ‘‘(4) support the program management capability of the governmental entity to use or contract the use of a small unmanned aircraft system, as described in paragraph (3). ‘‘(c) APPLICATION.—To be eligible to receive a grant under this section, a governmental entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including an assurance that the govern- mental entity or any contractor of the governmental entity, will comply with relevant Federal regulations. ‘‘(d) SELECTION OF APPLICANTS.—In selecting an appli- cation for a grant under this section, the Secretary shall prioritize applications that propose to— ‘‘(1) carry out a project in a variety of commu- nities, including urban, suburban, rural, Tribal, or any other type of community; and ‘‘(2) address a safety risk in the inspection, oper- ation, construction, maintenance, or repair of an ele- ment of critical infrastructure. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to interfere with an agreement be- tween a governmental entity and a labor union, includ- ing the requirements of section 5333(b) of title 49, United States Code. ‘‘(f) REPORT TO CONGRESS.—Not later than 2 years after the first grant is provided under this section, the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Trans- portation and Infrastructure of the House of Represent- Page 1401 TITLE 49—TRANSPORTATION § 44802 atives] a report that evaluates the program carried out under this section that includes— ‘‘(1) a description of the number of grants provided under this section; ‘‘(2) the amount of each grant provided under this section; ‘‘(3) the activities carried out with a grant provided under this section; and ‘‘(4) the effectiveness of such activities in meeting the objectives described in subsection (a). ‘‘(g) FUNDING.— ‘‘(1) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the Federal share of the cost of a project carried out using a grant provided under this sec- tion shall not exceed 50 percent of the total project cost. ‘‘(B) WAIVER.—The Secretary may increase the Federal share under subparagraph (A) to up to 75 percent for a project carried out using a grant pro- vided under this section by a governmental entity if such entity— ‘‘(i) submits a written application to the Sec- retary requesting an increase in the Federal share; and ‘‘(ii) demonstrates that the additional assist- ance is necessary to facilitate the acceptance and full use of a grant under this section, such as alle- viating economic hardship, meeting additional workforce needs, or any other uses that the Sec- retary determines to be appropriate. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the following amounts are authorized to carry out this section: ‘‘(A) $12,000,000 for fiscal year 2025. ‘‘(B) $12,000,000 for fiscal year 2026. ‘‘(C) $12,000,000 for fiscal year 2027. ‘‘(D) $12,000,000 for fiscal year 2028. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) CRITICAL INFRASTRUCTURE.—The term ‘critical infrastructure’ has the meaning given such term in subsection (e) of the Critical Infrastructures Protec- tion Act of 2001 (42 U.S.C. 5195c(e)). ‘‘(2) ELEMENT OF CRITICAL INFRASTRUCTURE.—The term ‘element of critical infrastructure’ means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, elec- tric grid, water infrastructure, communication sys- tems, pipelines, or other related facilities or assets, as determined by the Secretary. ‘‘(3) GOVERNMENTAL ENTITY.—The term ‘govern- mental entity’ means— ‘‘(A) a State, the District of Columbia, the Com- monwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof; ‘‘(B) a unit of local government; ‘‘(C) a Tribal government; ‘‘(D) a metropolitan planning organization; or ‘‘(E) a consortia of more than 1 of the entities de- scribed in subparagraphs (A) through (D). ‘‘(4) PROJECT.—The term ‘project’ means a project for the inspection, operation, construction, mainte- nance, or repair of an element of critical infrastruc- ture, including mitigating environmental hazards to such infrastructure.’’ [For definitions of terms used in section 912 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] UAS INTEGRATION STRATEGY Pub. L. 118–63, title IX, § 921, May 16, 2024, 138 Stat. 1354, provided that: ‘‘(a) IN GENERAL.—The Administrator [of the Federal Aviation Administration] shall implement the rec- ommendations made by— ‘‘(1) the Comptroller General [of the United States] to the Secretary [of Transportation] contained in the report of the Government Accountability Office ti- tled ‘Drones: FAA Should Improve Its Approach to Integrating Drones into the National Airspace Sys- tem’, issued in January 2023 (GAO–23–105189); and ‘‘(2) the inspector general of the Department of Transportation to the Administrator contained in the audit report of the inspector general titled ‘FAA Made Progress Through Its UAS Integration Pilot Program, but FAA and Industry Challenges Remain To Achieve Full UAS Integration’, issued in April 2022 (Project ID: AV2022027). ‘‘(b) BRIEFING.—Not later than 12 months after the date of enactment of this Act [May 16, 2024], and annu- ally thereafter through 2028, the Administrator shall provide a briefing to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Trans- portation and Infrastructure of the House of Represent- atives] that— ‘‘(1) provides a status update on the— ‘‘(A) implementation of the recommendations de- scribed in subsection (a); ‘‘(B) implementation of statutory provisions re- lated to unmanned aircraft system integration under subtitle B [§§ 341–384] of title III of division B of the FAA Reauthorization Act of 2018 (Public Law 115–254) [see Tables for classification]; and ‘‘(C) actions taken by the Administrator to imple- ment recommendations related to safe integration of unmanned aircraft systems into the national air- space system included in aviation rulemaking com- mittee reports published after the date of enact- ment of the FAA Reauthorization Act of 2018 (Pub- lic Law 115–254) [Oct. 5, 2018]; ‘‘(2) provides a description of steps taken to achieve the safe integration of such systems into the national airspace system, including milestones and perform- ance metrics to track results; ‘‘(3) provides the costs of executing the integration described in paragraph (2), including any estimates of future Federal resources or investments required to complete such integration; and ‘‘(4) identifies any regulatory or policy changes re- quired to execute the integration described in para- graph (2).’’ [For definition of ‘‘unmanned aircraft system’’ as used in section 921 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] THIRD-PARTY SERVICE APPROVALS Pub. L. 118–63, title IX, § 932, May 16, 2024, 138 Stat. 1367, provided that: ‘‘(a) APPROVAL PROCESS.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall establish procedures, which may include a rule- making, to approve third-party service suppliers, in- cluding third-party service suppliers of unmanned air- craft system traffic management, to support the safe integration and commercial operation of unmanned aircraft systems. ‘‘(b) ACCEPTANCE OF STANDARDS.—In establishing the approval process required under subsection (a), the Ad- ministrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, titled ‘UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability’, are included as an acceptable means of compliance for third-party services. ‘‘(c) APPROVALS.—In establishing the approval proc- ess required under subsection (a), the Administrator shall— ‘‘(1) define and implement criteria and conditions for the approval and oversight of third-party service suppliers that— ‘‘(A) could have a direct or indirect impact on air traffic services in the national airspace system; and ‘‘(B) require FAA [Federal Aviation Administra- tion] oversight; and Page 1402 TITLE 49—TRANSPORTATION § 44802 ‘‘(2) establish procedures by which unmanned air- craft systems can use the capabilities and services of third-party service suppliers to support operations. ‘‘(d) HARMONIZATION.—In carrying out this section, the Administrator shall seek to harmonize, to the ex- tent practicable and advisable, any requirements and guidance for the development, use, and operation of third-party capabilities and services, including UTM, with similar requirements and guidance of other civil aviation authorities. ‘‘(e) COORDINATION.—In carrying out this section, the Administrator shall consider any relevant information provided by the Administrator of the National Aero- nautics and Space Administration regarding research and development efforts the National Aeronautics and Space Administration may have conducted related to the use of UTM providers. ‘‘(f) THIRD-PARTY SERVICE SUPPLIER DEFINED.—In this section, the term ‘third-party service supplier’ means an entity other than the FAA that provides a distrib- uted service that affects the safety or efficiency of the national airspace system, including UAS service sup- pliers, supplemental data service providers, and infra- structure providers, such as providers of ground-based surveillance, command-and-control, and information exchange to another party. ‘‘(g) RULES OF CONSTRUCTION.— ‘‘(1) BEYOND VISUAL LINE OF SIGHT OPERATIONS.— Nothing in this section shall be construed to prevent or prohibit beyond visual line of sight operations of unmanned aircraft systems, or other types of oper- ations, through the use of technologies other than third-party capabilities and services. ‘‘(2) AIRSPACE.—Nothing in this section shall be construed to alter the authorities provided under sec- tion 40103 of title 49, United States Code.’’ [For definitions of ‘‘unmanned aircraft system’’ and ‘‘UTM’’ as used in section 932 of Pub. L. 118–63, set out above, see section 44801 of this title, as made applicable by section 901 of Pub. L. 118–63, which is set out as a note under section 44502 of this title.] DRONE ADVISORY COMMITTEE FOR THE 21ST CENTURY Pub. L. 116–280, Dec. 31, 2020, 134 Stat. 3379, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Drone Advisory Com- mittee for the 21st Century Act’. ‘‘SEC. 2. SENSE OF CONGRESS. ‘‘It is the Sense of Congress that: ‘‘(1) Due to the ever-increasing use of Unmanned Aircraft Systems in the agriculture, forestry, and rangeland sectors, as well as the inherently different uses in less populated parts of the nation, member- ship of the Drone Advisory Committee established by the Federal Aviation Administration should, to the extent practicable, include direct representatives from county and tribal government, agriculture, for- estry, and rangeland interests. ‘‘(2) Full transparency in the work of the Drone Ad- visory Committee is vital to ensuring the public can effectively participate and contribute to the develop- ment of sound Federal policies. The Administrator of the Federal Aviation Administration should, to the maximum extent practicable, ensure the work of the Drone Advisory Committee is shared with and easily accessible to the public and shall ensure transparency and openness in the manner in which the affairs of the Committee are conducted. ‘‘SEC. 3. DRONE ADVISORY COMMITTEE MEMBER- SHIP. ‘‘(1) IN GENERAL.—The Federal Aviation Administra- tion shall take appropriate steps to encourage direct representation of county and tribal governments as well as agriculture, forestry, rangeland sectors, and other rural interests on the Drone Advisory Com- mittee. ‘‘(2) PUBLIC PARTICIPATION.—To the maximum extent practicable, the Administrator shall include public par- ticipation in the process of nominating individuals for membership on the Committee.’’ UPDATE OF FAA COMPREHENSIVE PLAN Pub. L. 115–254, div. B, title III, § 342, Oct. 5, 2018, 132 Stat. 3287, provided that: ‘‘(a) IN GENERAL.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Sec- retary of Transportation shall update the comprehen- sive plan described in section 44802 of title 49, United States Code, to develop a concept of operations for the integration of unmanned aircraft into the national air- space system. ‘‘(b) CONSIDERATIONS.—In carrying out the update under subsection (a), the Secretary shall consider, at a minimum— ‘‘(1) the potential use of UTM and other tech- nologies to ensure the safe and lawful operation of unmanned aircraft in the national airspace system; ‘‘(2) the appropriate roles, responsibilities, and au- thorities of government agencies and the private sec- tor in identifying and reporting unlawful or harmful operations and operators of unmanned aircraft; ‘‘(3) the use of models, threat assessments, prob- abilities, and other methods to distinguish between lawful and unlawful operations of unmanned aircraft; and ‘‘(4) appropriate systems, training, intergovern- mental processes, protocols, and procedures to miti- gate risks and hazards posed by unlawful or harmful operations of unmanned aircraft systems. ‘‘(c) CONSULTATION.—The Secretary shall carry out the update under subsection (a) in consultation with representatives of the aviation industry, Federal agen- cies that employ unmanned aircraft systems tech- nology in the national airspace system, and the un- manned aircraft systems industry. ‘‘(d) PROGRAM ALIGNMENT REPORT.—Not later than 90 days after the date of enactment of this Act [Oct. 5, 2018], the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Com- mittee on Transportation and Infrastructure of the House of Representatives], a report that describes a strategy to— ‘‘(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 exe- cute— ‘‘(A) commercially-operated Low Altitude Au- thorization and Notification Capability; ‘‘(B) the Unmanned Aircraft System Integration Pilot Program; and ‘‘(C) the Unmanned Traffic Management Pilot Program.’’ UNMANNED AIRCRAFT SYSTEMS INTEGRATION PILOT PROGRAM Pub. L. 115–254, div. B, title III, § 351, Oct. 5, 2018, 132 Stat. 3301, provided that: ‘‘(a) AUTHORITY.—The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as 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]. ‘‘(b) APPLICATIONS.—The Secretary shall accept appli- cations from State, local, and Tribal governments, in partnership with unmanned aircraft system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS oper- ations into the low-altitude national airspace system. ‘‘(c) OBJECTIVES.—The purpose of the pilot program is to accelerate existing UAS integration plans by work- ing to solve technical, regulatory, and policy chal- lenges, while enabling advanced UAS operations in se- lect areas subject to ongoing safety oversight and co- Page 1403 TITLE 49—TRANSPORTATION § 44802 operation between the Federal Government and appli- cable State, local, or Tribal jurisdictions, in order to— ‘‘(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of be- yond visual line of sight operations in a controlled environment, focusing on detect and avoid tech- nologies, command and control links, navigation, weather, and human factors; ‘‘(2) address ongoing concerns regarding the poten- tial security and safety risks associated with UAS op- erating in close proximity to human beings and crit- ical infrastructure by ensuring that operators com- municate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforce- ment to determine if a UAS operation poses such a risk; ‘‘(3) promote innovation in and development of the United States unmanned aviation industry, espe- cially in sectors such as agriculture, emergency man- agement, 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) APPLICATION SUBMISSION.—The Secretary shall establish application requirements and require appli- cants to include the following information: ‘‘(1) Identification of the airspace to be used, in- cluding 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 out- reach. ‘‘(e) MONITORING AND ENFORCEMENT OF LIMITATIONS.— ‘‘(1) IN GENERAL.—Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the jurisdiction. ‘‘(2) SAVINGS PROVISION.—Nothing in paragraph (1) may be construed to prevent the Secretary from en- forcing Federal law. ‘‘(3) EXAMPLES OF LIMITATIONS.—Limitations under this section may include— ‘‘(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, suffi- cient 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 pri- vate 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) SELECTION CRITERIA.—In making determinations, the Secretary shall evaluate whether applications meet or exceed the following criteria: ‘‘(1) Overall economic, geographic, and climatic di- versity of the selected jurisdictions. ‘‘(2) Overall diversity of the proposed models of gov- ernment 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 pro- gram. ‘‘(7) The commitment of the governments and UAS operators involved in the proposal to comply with re- quirements related to national defense, homeland se- curity, 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 fol- lowing policy objectives: ‘‘(A) Promoting innovation and economic devel- opment. ‘‘(B) Enhancing transportation safety. ‘‘(C) Enhancing workplace safety. ‘‘(D) Improving emergency response and search and rescue functions. ‘‘(E) Using radio spectrum efficiently and com- petitively. ‘‘(g) IMPLEMENTATION.—The Secretary shall use the data collected and experience gained over the course of this pilot program to— ‘‘(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 capa- bilities, 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 re- sponsibilities of non-Federal Government entities, and privacy issues. ‘‘(h) NOTIFICATION.—Prior to initiating any additional rounds of agreements with State, local, or Tribal gov- ernments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropria- tions in the Senate. ‘‘(i) SUNSET.—The pilot program established under subsection (a) shall terminate 3 years after the date on which the memorandum referenced in subsection (a) is signed by the President [Oct. 25, 2017]. ‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall affect any proposals, selections, imposition of condi- tions, operations, or other decisions made— ‘‘(1) under the pilot program developed by the Sec- retary of Transportation pursuant to the Presidential memorandum titled ‘Unmanned Aircraft Systems In- tegration 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) DEFINITIONS.—In this section: ‘‘(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 na- tional airspace system. ‘‘(3) The term ‘UAS’ means unmanned aircraft sys- tem.’’ PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS Pub. L. 115–254, div. B, title III, § 352, Oct. 5, 2018, 132 Stat. 3304, provided that: ‘‘(a) TRANSPARENCY.—Not later than 30 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Aviation Administration] shall publish on the FAA [Federal Aviation Administration] website a representative sample of the safety justifica- tions, offered by applicants for small unmanned air- craft system waivers and airspace authorizations, that have been approved by the Administration for each reg- ulation waived or class of airspace authorized, except Page 1404 TITLE 49—TRANSPORTATION § 44802 that any published justification shall not reveal propri- etary or commercially sensitive information. ‘‘(b) TECHNOLOGY IMPROVEMENTS.—Not later than 90 days after the date of enactment of this Act, the Ad- ministrator shall revise the online waiver and certifi- cates of authorization processes— ‘‘(1) to provide real time confirmation that an ap- plication filed online has been received by the Admin- istration; and ‘‘(2) to provide an applicant with an opportunity to review the status of the applicant’s application.’’ EMERGENCY EXEMPTION PROCESS Pub. L. 115–254, div. B, title III, § 353, Oct. 5, 2018, 132 Stat. 3304, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the use of unmanned aircraft systems by civil and public operators— ‘‘(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 op- erations, such as utility and infrastructure restora- tion efforts and the safe and prompt processing, ad- justment, and payment of insurance claims. ‘‘(b) UPDATES.—The Administrator [of the Federal Aviation Administration] shall, as necessary, update and improve the Special Government Interest process described in chapter 7 of Federal Aviation Administra- tion Order JO 7200.23A to ensure that civil and public operators, including local law enforcement agencies and first responders, continue to use unmanned aircraft system operations quickly and efficiently in response to a catastrophe, disaster, or other emergency. ‘‘(c) BEST PRACTICES.—The Administrator shall de- velop best practices for the use of unmanned aircraft systems by States and localities to respond to a catas- trophe, disaster, or other emergency response and re- covery operation.’’ TREATMENT OF UNMANNED AIRCRAFT OPERATING UNDERGROUND Pub. L. 115–254, div. B, title III, § 354, Oct. 5, 2018, 132 Stat. 3305, provided that: ‘‘An unmanned aircraft sys- tem 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.’’ PROHIBITION REGARDING WEAPONS Pub. L. 115–254, div. B, title III, § 363, Oct. 5, 2018, 132 Stat. 3308, provided that: ‘‘(a) IN GENERAL.—Unless authorized by the Adminis- trator [of the Federal Aviation Administration], a per- son may not operate an unmanned aircraft or un- manned aircraft system that is equipped or armed with a dangerous weapon. ‘‘(b) DANGEROUS WEAPON DEFINED.—In this section, the term ‘dangerous weapon’ has the meaning given that term in section 930(g)(2) of title 18, United States Code. ‘‘(c) PENALTY.—A person who violates this section is liable to the United States Government for a civil pen- alty of not more than $25,000 for each violation.’’ PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT Pub. L. 115–254, div. B, title III, § 376, Oct. 5, 2018, 132 Stat. 3314, provided that: ‘‘(a) IN GENERAL.—In conjunction with completing the requirements of 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]), subject to subsection (b) of this section, the Administrator [of the Federal Aviation Administration], in coordination with the Administrator of the National Aeronautics and Space Administration, and in consultation with un- manned aircraft systems industry stakeholders, shall develop a plan to allow for the implementation of un- manned aircraft systems traffic management (UTM) services that expand operations beyond visual line of sight, have full operational capability, and ensure the safety and security of all aircraft. ‘‘(b) COMPLETION OF UTM SYSTEM PILOT PROGRAM.— The Administrator shall ensure that the UTM system pilot program, as established in 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]), is conducted to meet the following objectives of a com- prehensive UTM system by the conclusion of the pilot program: ‘‘(1) In cooperation with the National Aeronautics and Space Administration and manned and unmanned aircraft industry stakeholders, allow testing of un- manned 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, includ- ing those locations selected under the pilot program required in the October 25, 2017, Presidential Memo- randum entitled, ‘Unmanned Aircraft Systems Inte- gration Pilot Program’ and described in 82 Federal Register 50301 [set out below]. ‘‘(2) Permit the testing of various remote identi- fication 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 condi- tions currently requiring a case-by-case waiver under part 107, title 14, Code of Federal Regulations, pro- vided that any blanket waiver addresses risks to air- borne objects as well as persons and property on the ground. ‘‘(c) IMPLEMENTATION PLAN CONTENTS.—The plan re- quired by subsection (a) shall— ‘‘(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 sec- tion 44801 of title 49, United States Code, or other sites as authorized by the Administrator; ‘‘(2) outline the roles and responsibilities of indus- try 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 implemen- tation of the Low Altitude Authorization and Notifi- cation 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 air- craft systems in the national airspace system by such services; ‘‘(C) the manner in which the Federal Aviation Administration will conduct oversight of UTM sys- tems, including interfaces between UTM service providers and air traffic control; ‘‘(D) the need for additional technologies to de- tect cooperative and non-cooperative aircraft; ‘‘(E) collaboration and coordination with air traf- fic control, or management services and tech- nologies to ensure the safety oversight of manned and unmanned aircraft, including— ‘‘(i) the Federal Aviation Administration re- sponsibilities to collect and disseminate relevant data to UTM service providers; and ‘‘(ii) data exchange protocols to share UAS op- erator intent, operational approvals, operational restraints, and other data necessary to ensure safety or security of the National Airspace Sys- tem; Page 1405 TITLE 49—TRANSPORTATION § 44802 ‘‘(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 stand- ards for UTM services established pursuant to para- graph (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) SAFETY STANDARDS.—In developing the safety standards in subsection (c)(1), the Administrator— ‘‘(1) shall require that UTM services help ensure the safety of unmanned aircraft and other aircraft oper- ations that occur primarily or exclusively in airspace 400 feet above ground level and below, including oper- ations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regu- lations; ‘‘(2) shall consider, as appropriate— ‘‘(A) protection of persons and property on the ground; ‘‘(B) remote identification and tracking of air- craft; ‘‘(C) collision avoidance with respect to obstacles and non-cooperative aircraft; ‘‘(D) deconfliction of cooperative aircraft and in- tegration of other relevant airspace considerations; ‘‘(E) right of way rules, inclusive of UAS oper- ations; ‘‘(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 valida- tion of UTM services. ‘‘(e) REVOCATION.—The Administrator may revoke the permission, authorization, or approval for the oper- ation of UTM services if the Administrator determines that the services or its operator are no longer in com- pliance with applicable safety standards. ‘‘(f) LOW-RISK AREAS.—The Administrator shall estab- lish expedited procedures for approval of UTM services operated in— ‘‘(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) CONSULTATION.—In carrying out this section, the Administrator shall consult with other Federal agen- cies, as appropriate. ‘‘(h) SENSE OF CONGRESS.—It is the sense of Congress that, in developing the safety standards for UTM serv- ices, the Federal Aviation Administration shall con- sider ongoing research and development efforts on UTM services conducted by— ‘‘(1) the National Aeronautics and Space Adminis- tration in partnership with industry stakeholders; ‘‘(2) the UTM System pilot program required by section 2208 of the FAA Extension, Safety, and Secu- rity 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 en- titled, ‘Unmanned Aircraft Systems Integration Pilot Program’ and described in 82 Federal Register 50301. ‘‘(i) DEADLINE.—Not later than 1 year after the date of conclusion of the UTM pilot program established in 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]), the Administrator shall— ‘‘(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 Tech- nology and the Committee on Transportation and Infrastructure of the House of Representatives; and ‘‘(3) publish the plan on a publicly accessible Inter- net website of the Federal Aviation Administration.’’ EARLY IMPLEMENTATION OF CERTAIN UTM SERVICES Pub. L. 115–254, div. B, title III, § 377, Oct. 5, 2018, 132 Stat. 3317, provided that: ‘‘(a) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Federal Aviation Administration] shall, upon request of a UTM service provider, deter- mine if certain UTM services may operate safely in the national airspace system before completion of the im- plementation plan required by section 376 [set out above]. ‘‘(b) ASSESSMENT OF UTM SERVICES.—In making the determination under subsection (a), the Administrator shall assess, at a minimum, whether the proposed UTM services, as a result of their operational capabilities, reliability, intended use, areas of operation, and the characteristics of the aircraft involved, will maintain the safety and efficiency of the national airspace sys- tem and address any identified risks to manned or un- manned aircraft and persons and property on the ground. ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the Ad- ministrator determines that certain UTM services may operate safely in the national airspace system, the Ad- ministrator shall establish requirements for their safe operation in the national airspace system. ‘‘(d) EXPEDITED PROCEDURES.—The Administrator shall provide expedited procedures for making the as- sessment and determinations under this section where the UTM services will be provided primarily or exclu- sively in airspace above areas in which the operation of unmanned aircraft poses low risk, including but not limited to croplands and areas other than congested areas. ‘‘(e) CONSULTATION.—In carrying out this section, the Administrator shall consult with other Federal agen- cies, as appropriate. ‘‘(f) PREEXISTING UTM SERVICES APPROVALS.—Noth- ing in this Act [see Tables for classification] shall af- fect or delay approvals, waivers, or exemptions granted by the Administrator for UTM services already in ex- istence or approved by the Administrator prior to the date of enactment of this Act [Oct. 5, 2018], including approvals under the Low Altitude Authorization and Notification Capability.’’ TRANSITION LANGUAGE Pub. L. 115–254, div. B, title III, § 380, Oct. 5, 2018, 132 Stat. 3319, provided that: ‘‘(a) REGULATIONS.—Notwithstanding the repeals under sections 341, 348 [probably should be ‘‘346’’], 347, and 383 of this Act [repealing the provisions listed in subsec. (b)(1) to (4) below], all orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued under any law described under subsection (b) of this section before the effective date of this Act [probably means Oct. 5, 2018, the date of en- actment of Pub. L. 115–254] shall continue in effect until modified or revoked by the Secretary of Trans- portation, acting through the Administrator of the Federal Aviation Administration, as applicable, by a court of competent jurisdiction, or by operation of law other than this Act [see Tables for classification]. Page 1406 TITLE 49—TRANSPORTATION § 44802 ‘‘(b) LAWS DESCRIBED.—The laws described under this subsection are as follows: ‘‘(1) Section 332 of the FAA Modernization and Re- form Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note). ‘‘(2) Section 333 of the FAA Modernization and Re- form Act of 2012 (49 U.S.C. 40101 note). ‘‘(3) Section 334 of the FAA Modernization and Re- form 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) EFFECT ON PENDING PROCEEDINGS.—This Act shall not affect administrative or judicial proceedings pend- ing on the effective date of this Act.’’ UNMANNED AIRCRAFT SYSTEMS RESEARCH AND DEVELOPMENT ROADMAP Pub. L. 115–254, div. B, title VII, § 721, Oct. 5, 2018, 132 Stat. 3411, provided that: ‘‘The Secretary [of Transpor- tation] 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.’’ COLLABORATION BETWEEN FEDERAL AVIATION ADMINIS- TRATION AND DEPARTMENT OF DEFENSE ON UN- MANNED AIRCRAFT SYSTEMS Pub. L. 115–91, div. A, title X, § 1092, Dec. 12, 2017, 131 Stat. 1610, provided that: ‘‘(a) COLLABORATION.— ‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration and the Secretary of De- fense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems. ‘‘(2) ELEMENTS.—The collaboration described in paragraph (1) may include, as appropriate, the fol- lowing: ‘‘(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 Adminis- tration for integrating unmanned aircraft systems in the national airspace system by leveraging the historical and current testing, training, and oper- ational 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 mat- ters involving human factors, information assur- ance, and security. ‘‘(b) PARTICIPATION BY FAA IN DOD ACTIVITIES.— ‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may participate, and pro- vide assistance to the Secretary of Defense for activi- ties during the test and evaluation efforts of the De- partment of Defense, including the Air Force, relat- ing to airborne and ground-based sense-and-avoid ca- pabilities for unmanned aircraft systems. ‘‘(2) PARTICIPATION THROUGH TEST SITES.—Participa- tion under paragraph (1) may include provision of as- sistance through Department of Defense unmanned aircraft systems test sites or a Federal Aviation Ad- ministration test range. ‘‘(c) DEFINITIONS.—In this section, the terms ‘un- manned aircraft system’ and ‘test range’ have the meaning given such terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]). ‘‘(d) RESTORATION OF RULES FOR REGISTRATION AND MARKING OF UNMANNED AIRCRAFT.—The rules adopted by the Administrator of the Federal Aviation Adminis- tration in the matter of registration and marking re- quirements for small unmanned aircraft (FAA-2015-7396; published on December 16, 2015) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Taylor v. Huerta (No. 15-1495; de- cided on May 19, 2017) shall be restored to effect on the date of enactment of this Act [Dec. 12, 2017].’’ UAS SAFETY 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; Pub. L. 118–63, title IX, § 929(a), May 16, 2024, 138 Stat. 1365, provided that: ‘‘SEC. 2201. DEFINITIONS. ‘‘(a) DEFINITIONS APPLIED.—In this subtitle, the terms ‘unmanned aircraft’, ‘unmanned aircraft system’, and ‘small unmanned aircraft’ have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] (49 U.S.C. 40101 note [now 49 U.S.C. 44802 note]), as amended by this Act. ‘‘(b) FAA MODERNIZATION AND REFORM ACT.—[Amend- ed section 331 of Pub. L. 112–95, set out in a note below.] ‘‘SEC. 2202. IDENTIFICATION STANDARDS. ‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation Administration, in consultation with the Sec- retary of Transportation, the President of RTCA, Inc., and the Director of the National Institute of Standards and Technology, shall convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of un- manned aircraft systems and associated unmanned air- craft. ‘‘(b) CONSIDERATIONS.—As part of any standards de- veloped under subsection (a), the Administrator shall ensure the consideration of— ‘‘(1) requirements for remote identification of un- manned aircraft systems; ‘‘(2) appropriate requirements for different classi- fications of unmanned aircraft systems operations, including public and civil; and ‘‘(3) the feasibility of the development and oper- ation of a publicly accessible online database of un- manned aircraft and the operators thereof, and any criteria for exclusion from the database. ‘‘(c) DEADLINE.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Adminis- trator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Trans- portation and Infrastructure of the House of Represent- atives] a report on any standards developed under sub- section (a). ‘‘(d) GUIDANCE.—Not later than 1 year after the date on which the Administrator submits the report under subsection (c), the Administrator shall issue regula- tions or guidance, as appropriate, based on any stand- ards developed under subsection (a). ‘‘SEC. 2203. SAFETY STATEMENTS. ‘‘(a) REQUIRED INFORMATION.—Beginning on the date that is 1 year after the date of publication of the guid- ance under subsection (b)(1), a manufacturer of a small unmanned aircraft shall make available to the owner at the time of delivery of the small unmanned aircraft the safety statement described in subsection (b)(2). ‘‘(b) SAFETY STATEMENT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Ad- ministrator of the Federal Aviation Administration shall issue guidance for implementing this section. ‘‘(2) REQUIREMENTS.—A safety statement required under subsection (a) shall include— ‘‘(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 cre- ated or last modified; and Page 1407 TITLE 49—TRANSPORTATION § 44802 ‘‘(D) language approved by the Administrator re- garding 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 Fed- eral Aviation Administration authorization or regulation, including requirements for the com- pletion 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 enforce- ment action against a person operating model air- craft who endangers the safety of the national airspace system. ‘‘(c) CIVIL PENALTY.—A person who violates sub- section (a) shall be liable for each violation to the United States Government for a civil penalty described in section 46301(a) of title 49, United States Code. ‘‘SEC. 2204. FACILITATING INTERAGENCY CO- OPERATION FOR UNMANNED AIRCRAFT AU- THORIZATION IN SUPPORT OF FIREFIGHTING OPERATIONS AND UTILITY RESTORATION. ‘‘(a) FIREFIGHTING OPERATIONS.—The Administrator of the Federal Aviation Administration shall enter into agreements with the Secretary of the Interior and the Secretary of Agriculture, as necessary, to continue the expeditious authorization of safe unmanned aircraft system operations in support of firefighting operations consistent with the requirements of section 44806 of title 49, United States Code. ‘‘(b) UTILITY RESTORATION.—The Administrator shall enter into agreements with the Secretary of Energy and with such other agencies or parties, including the Federal Emergency Management Agency, as are nec- essary to facilitate the expeditious authorization of safe unmanned aircraft system operations in support of service restoration efforts of utilities. ‘‘(c) DEFINITION OF UTILITY.—In this section, the term ‘utility’ shall at a minimum include the definition in section 3(4) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)). ‘‘SEC. 2205. INTERFERENCE WITH WILDFIRE SUP- PRESSION, LAW ENFORCEMENT, OR EMER- GENCY RESPONSE EFFORT BY OPERATION OF UNMANNED AIRCRAFT. ‘‘(a) IN GENERAL.—[Enacted section 46320 of this title.] ‘‘(b) FAA TO IMPOSE CIVIL PENALTY.—[Amended sec- tion 46301 of this title.] ‘‘(c) CLERICAL AMENDMENT.—[Amended analysis of chapter 463 of this title.] ‘‘[SEC. 2206. Repealed. Pub. L. 115–254, div. B, title III, § 383(b)(2), Oct. 5, 2018, 132 Stat. 3322.] ‘‘SEC. 2207. EMERGENCY EXEMPTION PROCESS. ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the Ad- ministrator of the Federal Aviation Administration shall publish guidance for applications for, and proce- dures for the processing of, on an emergency basis, ex- emptions or certificates of authorization or waiver for the use of unmanned aircraft systems by civil or public operators in response to a catastrophe, disaster, or other emergency to facilitate emergency response oper- ations, such as firefighting, search and rescue, and util- ity and infrastructure restoration efforts. In processing such applications, the Administrator shall give priority to applications for public unmanned aircraft systems engaged in emergency response activities. ‘‘(b) REQUIREMENTS.—In providing guidance under subsection (a), the Administrator shall— ‘‘(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 other- wise 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 oper- ations granted under procedures developed under sub- section (a) do not interfere with other emergency re- sponse efforts. ‘‘(c) REVIEW.—In processing applications on an emer- gency basis for exemptions or certificates of authoriza- tion or waiver for unmanned aircraft systems oper- ations in response to a catastrophe, disaster, or other emergency, the Administrator shall act on such appli- cations as expeditiously as practicable and without re- quiring public notice and comment. ‘‘SEC. 2208. UNMANNED AIRCRAFT SYSTEMS TRAF- FIC MANAGEMENT. ‘‘(a) RESEARCH PLAN FOR UTM DEVELOPMENT AND DE- PLOYMENT.— ‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’), in coordination with the Ad- ministrator of the National Aeronautics and Space Administration, shall continue development of a re- search plan for unmanned aircraft systems traffic management (in this section referred to as ‘UTM’) de- velopment and deployment. ‘‘(2) REQUIREMENTS.—In developing the research plan, the Administrator shall— ‘‘(A) identify research outcomes sought; and ‘‘(B) ensure the plan is consistent with existing regulatory and operational frameworks, and con- siders potential future regulatory and operational frameworks, for unmanned aircraft systems in the national airspace system. ‘‘(3) ASSESSMENT.—The research plan shall include an assessment of the interoperability of a UTM sys- tem with existing and potential future air traffic management systems and processes. ‘‘(4) DEADLINES.—The Administrator shall— ‘‘(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 en- actment 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 Transpor- tation and Infrastructure of the House of Rep- resentatives; and ‘‘(iii) publish the research plan on the Internet Web site of the Federal Aviation Administration. ‘‘(b) PILOT PROGRAM.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of submission of the research plan under sub- section (a)(4)(B), the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, the Drone Advisory Com- mittee, the research advisory committee established by section 44508(a) of title 49, United States Code, and representatives of the unmanned aircraft industry, shall establish a UTM system pilot program. ‘‘(2) SUNSET.—Not later than 2 years after the date of establishment of the pilot program, the Adminis- trator shall conclude the pilot program. ‘‘(c) UPDATES.—Not later than 180 days after the date of establishment of the pilot program, and every 180 days thereafter until the date of conclusion of the pilot program, the Administrator shall submit to the Com- mittee 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 an up- date on the status and progress of the pilot program. Page 1408 TITLE 49—TRANSPORTATION § 44802 ‘‘SEC. 2209. APPLICATIONS FOR DESIGNATION. ‘‘(a) APPLICATIONS FOR DESIGNATION.—Not later than 180 days after the date of enactment of this Act [July 15, 2016], the Secretary of Transportation shall estab- lish a process to allow applicants to petition the Ad- ministrator of the Federal Aviation Administration to prohibit or restrict, including temporarily, the oper- ation of an unmanned aircraft in close proximity to a fixed site facility. ‘‘(b) REVIEW PROCESS.— ‘‘(1) APPLICATION PROCEDURES.— ‘‘(A) IN GENERAL.—The Administrator shall estab- lish the procedures for the application for designa- tion under subsection (a). ‘‘(B) REQUIREMENTS.—The procedures shall allow operators or proprietors of fixed site facilities to apply for designation individually or collectively. ‘‘(C) CONSIDERATIONS.—Only the following may be considered fixed site facilities: ‘‘(i) Critical infrastructure, such as energy pro- duction, transmission, distribution facilities and equipment, and railroad facilities. ‘‘(ii) Oil refineries and chemical facilities. ‘‘(iii) Amusement parks. ‘‘(iv) State prisons. ‘‘(2) DETERMINATION.— ‘‘(A) IN GENERAL.—The Secretary shall provide for a determination under the review process estab- lished under subsection (a) not later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay. ‘‘(B) AFFIRMATIVE DESIGNATIONS.—An affirmative designation shall outline— ‘‘(i) the boundaries for unmanned aircraft oper- ation near the fixed site facility; and ‘‘(ii) such other limitations that the Adminis- trator determines may be appropriate. ‘‘(C) CONSIDERATIONS.—In making a determina- tion whether to grant or deny an application for a designation, the Administrator may consider— ‘‘(i) aviation safety; ‘‘(ii) protection of persons and property on the ground; ‘‘(iii) national security; or ‘‘(iv) homeland security. ‘‘(D) OPPORTUNITY FOR RESUBMISSION.—If an appli- cation is denied, and the applicant can reasonably address the reason for the denial, the Adminis- trator may allow the applicant to reapply for des- ignation. ‘‘(c) PUBLIC INFORMATION.—Designations under sub- section (a) shall be published by the Federal Aviation Administration on a publicly accessible website. ‘‘(d) SAVINGS CLAUSE.—Nothing in this section may be construed as prohibiting the Administrator from au- thorizing operation of an aircraft, including an un- manned aircraft system, over, under, or within a speci- fied distance from that fixed site facility designated under subsection (b). ‘‘(e) DEADLINES.— ‘‘(1) Not later than March 31, 2019, the Adminis- trator 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. ‘‘(f) DEADLINES.— ‘‘(1) Not later than 90 days after the date of enact- ment of the FAA Reauthorization Act of 2024 [May 16, 2024], the Administrator shall publish a notice of pro- posed rulemaking to carry out the requirements of this section. ‘‘(2) Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule based on the notice of proposed rulemaking published under paragraph (1). ‘‘(g) DEFINITION OF STATE PRISON.—In this section, the term ‘State prison’ means an institution under State jurisdiction, including a State Department of Corrections, the primary use of which is for the con- finement of individuals convicted of a felony. ‘‘SEC. 2210. OPERATIONS ASSOCIATED WITH CRIT- ICAL INFRASTRUCTURE. ‘‘(a) IN GENERAL.—Any application process estab- lished under [former] section 333 of the FAA Moderniza- tion and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note) shall allow for a person to apply to the Administrator of the Federal Aviation Administra- tion to operate an unmanned aircraft system, for pur- poses of conducting an activity described in subsection (b)— ‘‘(1) beyond the visual line of sight of the individual operating the unmanned aircraft system; and ‘‘(2) during the day or at night. ‘‘(b) ACTIVITIES DESCRIBED.—The activities described in this subsection are— ‘‘(1) activities for which manned aircraft may be used to comply with Federal, State, or local laws, in- cluding— ‘‘(A) activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with appli- cations for permits for new pipeline or pipeline sys- tems 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 indus- try best practice, pertaining to the construction, ownership, operation, maintenance, repair, or re- placement of covered facilities; ‘‘(2) activities to inspect, repair, construct, main- tain, 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 ap- plicant that may cause material damage to a covered facility. ‘‘(c) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) COVERED FACILITY.—The term ‘covered facility’ means— ‘‘(A) a pipeline or pipeline system; ‘‘(B) an electric energy generation, transmission, or distribution facility (including a renewable elec- tric energy facility); ‘‘(C) an oil or gas production, refining, or proc- essing facility; or ‘‘(D) any other critical infrastructure facility. ‘‘(2) CRITICAL INFRASTRUCTURE.—The term ‘critical infrastructure’ has the meaning given that term in section 2339D of title 18, United States Code. ‘‘(d) DEADLINES.— ‘‘(1) CERTIFICATION TO CONGRESS.—Not later than 90 days after the date of enactment of this Act [July 15, 2016], the Administrator shall submit to the appro- priate committees of Congress [Committee on Com- merce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a certification that a process has been established to facilitate applications for unmanned aircraft systems operations described in this section. ‘‘(2) FAILURE TO MEET CERTIFICATION DEADLINE.—If the Administrator cannot provide a certification under paragraph (1), the Administrator, not later than 180 days after the deadline specified in para- graph (1), shall update the process under [former] sec- tion 333 of the FAA Modernization and Reform Act of 2012 [Pub. L. 112–95] ([former] 49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft systems operations described in this section. Page 1409 TITLE 49—TRANSPORTATION § 44802 ‘‘(e) EXEMPTIONS.—In addition to the operations de- scribed in this section, the Administrator may author- ize, exempt, or otherwise allow other unmanned air- craft systems operations under [former] section 333 of the FAA Modernization and Reform Act of 2012 ([former] 49 U.S.C. 40101 note) that are conducted be- yond the visual line of sight of the individual operating the unmanned aircraft system or during the day or at night. ‘‘SEC. 2211. UNMANNED AIRCRAFT SYSTEMS RE- SEARCH AND DEVELOPMENT ROADMAP. [Amended section 332 of Pub. L. 112–95, formerly set out in a note below.] ‘‘SEC. 2212. UNMANNED AIRCRAFT SYSTEMS- MANNED AIRCRAFT COLLISION RESEARCH. ‘‘(a) RESEARCH.—The Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’), in continuation of ongoing work, shall coordinate with the Administrator of the Na- tional Aeronautics and Space Administration to de- velop a program to conduct comprehensive testing or modeling of unmanned aircraft systems colliding with various sized aircraft in various operational settings, as considered appropriate by the Administrator, includ- ing— ‘‘(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 pro- peller-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, in- cluding— ‘‘(A) windshields; ‘‘(B) noses; ‘‘(C) engines; ‘‘(D) radomes; ‘‘(E) propellers; and ‘‘(F) wings. ‘‘(b) REPORT.—Not later than 1 year after the date of enactment of this Act [July 15, 2016], the Administrator shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transpor- tation of the Senate a report summarizing the costs and results of research under this section. ‘‘SEC. 2213. PROBABILISTIC METRICS RESEARCH AND DEVELOPMENT STUDY. ‘‘(a) STUDY.—Not later than 30 days after the date of enactment of this Act [July 15, 2016], the Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Academies to study the potential use of probabilistic assessments of risks by the Administration to streamline the integration of unmanned aircraft systems into the national airspace system, including any research and development nec- essary. ‘‘(b) COMPLETION DATE.—Not later than 1 year after the date of enactment of this Act, the Administrator shall provide the results of the study to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.’’ UNMANNED AIRCRAFT JOINT TRAINING AND USAGE PLAN Pub. L. 113–66, div. A, title X, § 1075(a), Dec. 26, 2013, 127 Stat. 870, provided that: ‘‘(1) METHODS.—The Secretary of Defense, the Sec- retary of Homeland Security, and the Administrator of the Federal Aviation Administration shall jointly de- velop and implement plans and procedures to review the potential of joint testing and evaluation of un- manned aircraft equipment and systems with other ap- propriate departments and agencies of the Federal Gov- ernment that may serve the dual purpose of providing capabilities to the Department of Defense to meet the future requirements of combatant commanders and do- mestically to strengthen international border security. ‘‘(2) REPORT.—Not later than 270 days after the date of the enactment of this Act [Dec. 26, 2013], the Sec- retary of Defense, the Secretary of Homeland Security, and the Administrator of the Federal Aviation Admin- istration shall jointly submit to Congress a report on the status of the development of the plans and proce- dures required under paragraph (1), including a cost- benefit analysis of the shared expenses between the De- partment of Defense and other appropriate departments and agencies of the Federal Government to support such plans.’’ INTERAGENCY COLLABORATION Pub. L. 112–239, div. A, title X, § 1052(b), (c), Jan. 2, 2013, 126 Stat. 1935, 1936, provided that: ‘‘(b) INTERAGENCY COLLABORATION.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall collaborate with the Administrator of the Federal Aviation Administration and the Administrator of the National Aeronautics and Space Administration to conduct research and seek solutions to challenges associated with the safe integration of unmanned air- craft systems into the National Airspace System in accordance with subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 126 Stat. 72) [49 U.S.C. 44802 note]. ‘‘(2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT SYS- TEMS.—Collaboration under paragraph (1) may in- clude research and development of scientific and technical issues, equipment, and technology in sup- port of the plan to safely accelerate the integration of unmanned aircraft systems as required by subtitle B of title III of the FAA Modernization and Reform Act of 2012. ‘‘(3) NONDUPLICATIVE EFFORTS.—If the Secretary of Defense determines it is in the interest of the Depart- ment of Defense, the Secretary may use existing aerospace-related laboratories, personnel, equipment, research radars, and ground facilities of the Depart- ment of Defense to avoid duplication of efforts in car- rying out collaboration under paragraph (1). ‘‘(4) REPORTS.— ‘‘(A) REQUIREMENT.—The Secretary of Defense, on behalf of the UAS Executive Committee, shall an- nually submit to the congressional defense commit- tees, the Committee on Transportation and Infra- structure, and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of research activity of the Department of Defense, including— ‘‘(i) progress in accomplishing the goals of the unmanned aircraft systems research, develop- ment, and demonstration as related to the De- partment of Defense Final Report to Congress on Access to National Airspace for Unmanned Air- craft Systems of October 2010, and any ongoing and collaborative research and development pro- grams with the Federal Aviation Administration and the National Aeronautics and Space Adminis- tration; ‘‘(ii) estimates of long-term funding needs and details of funds expended and allocated in the budget requests of the President that support in- tegration into the National Airspace; and ‘‘(iii) progress in sharing with the Federal Avia- tion Administration safety operational and per- formance data as it relates to unmanned aircraft system operation and the impact on the National Airspace System. Page 1410 TITLE 49—TRANSPORTATION § 44802 ‘‘(B) TERMINATION.—The requirement to submit a report under subparagraph (A) shall terminate on the date that is 5 years after the date of the enact- ment of this Act [Jan. 2, 2013]. ‘‘(c) UAS EXECUTIVE COMMITTEE DEFINED.—In this section, the term ‘UAS Executive Committee’ means the National Aeronautics and Space and [sic] Adminis- tration and the Department of Defense–Federal Avia- tion Administration executive committee described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 [Pub. L. 110–417; 122 Stat. 4597] and established by the Secretary of De- fense and the Administrator of the Federal Aviation Administration.’’ UNMANNED AIRCRAFT SYSTEMS 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: ‘‘SEC. 331. DEFINITIONS. ‘‘In this subtitle, the following definitions apply: ‘‘(1) ARCTIC.—The term ‘Arctic’ means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain. ‘‘(2) CERTIFICATE OF WAIVER; CERTIFICATE OF AU- THORIZATION.—The terms ‘certificate of waiver’ and ‘certificate of authorization’ mean a Federal Avia- tion Administration grant of approval for a specific flight operation. ‘‘(3) PERMANENT AREAS.—The term ‘permanent areas’ means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft. ‘‘(4) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The term ‘public unmanned aircraft system’ means an un- manned aircraft system that meets the qualifications and conditions required for operation of a public air- craft (as defined in section 40102 of title 49, United States Code). ‘‘(5) SENSE AND AVOID CAPABILITY.—The term ‘sense and avoid capability’ means the capability of an un- manned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft. ‘‘(6) SMALL UNMANNED AIRCRAFT.—The term ‘small unmanned aircraft’ means an unmanned aircraft weighing less than 55 pounds, including everything that is on board or otherwise attached to the aircraft. ‘‘(7) TEST RANGE.— ‘‘(A) IN GENERAL.—The term ‘test range’ means a defined geographic area where research and devel- opment are conducted as authorized by the Admin- istrator of the Federal Aviation Administration. ‘‘(B) INCLUSIONS.—The term ‘test range’ includes any of the 6 test ranges established by the Adminis- trator of the Federal Aviation Administration under section 332(c), as in effect on the day before the date of enactment of this subparagraph [July 15, 2016], and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009. ‘‘(8) UNMANNED AIRCRAFT.—The term ‘unmanned aircraft’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. ‘‘(9) UNMANNED AIRCRAFT SYSTEM.—The term ‘un- manned aircraft system’ means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national air- space system. ‘‘[SEC. 332. Repealed. Pub. L. 115–254, div. B, title III, § 341(b)(2), Oct. 5, 2018, 132 Stat. 3287.] ‘‘[SEC. 333. Repealed. Pub. L. 115–254, div. B, title III, § 347(b)(2), Oct. 5, 2018, 132 Stat. 3296.] ‘‘[SEC. 334. Repealed. Pub. L. 115–254, div. B, title III, § 346(b)(2), Oct. 5, 2018, 132 Stat. 3295.] ‘‘SEC. 335. SAFETY STUDIES. ‘‘The Administrator of the Federal Aviation Adminis- tration shall carry out all safety studies necessary to support the integration of unmanned aircraft systems into the national airspace system. ‘‘[SEC. 336. Repealed. Pub. L. 115–254, div. B, title III, § 349(b)(2), Oct. 5, 2018, 132 Stat. 3300.]’’ UNMANNED AERIAL SYSTEMS AND NATIONAL AIRSPACE Pub. L. 112–81, div. A, title X, § 1097, Dec. 31, 2011, 125 Stat. 1608, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Administrator of the Federal Aviation Administration shall establish a program to integrate unmanned air- craft systems into the national airspace system at six test ranges. ‘‘(b) PROGRAM REQUIREMENTS.—In establishing the program under subsection (a), the Administrator shall— ‘‘(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 Aero- nautics and Space Administration; ‘‘(4) address both civil and public unmanned air- craft systems; ‘‘(5) ensure that the program is coordinated with the Next Generation Air Transportation System; and ‘‘(6) provide for verification of the safety of un- manned aircraft systems and related navigation pro- cedures before integration into the national airspace system. ‘‘(c) LOCATIONS.—In determining the location of a test range for the program under subsection (a), the Admin- istrator shall— ‘‘(1) take into consideration geographic and cli- matic 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) TEST RANGE OPERATION.—A project at a test range shall be operational not later than 180 days after the date on which the project is established. ‘‘(e) REPORT.—Not later than 90 days after the date of completing each of the pilot projects, the Adminis- trator shall submit to the appropriate congressional committees a report setting forth the Administrator’s findings and conclusions concerning the projects that includes a description and assessment of the progress being made in establishing special use airspace to fill the immediate need of the Department of Defense to develop detection techniques for small unmanned air- craft systems and to validate sensor integration and operation of unmanned aircraft systems. ‘‘(f) DURATION.—The program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 31, 2011]. ‘‘(g) DEFINITION.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the Committee on Armed Services, the Com- mittee 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 Transpor- tation of the Senate. Page 1411 TITLE 49—TRANSPORTATION § 44802 ‘‘(2) The term ‘test range’ means a defined geo- graphic area where research and development are conducted.’’ PROMOTING ECONOMIC COMPETITIVENESS WHILE SAFE- GUARDING PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES IN DOMESTIC USE OF UNMANNED AIRCRAFT SYSTEMS Memorandum of President of the United States, Feb. 15, 2015, 80 F.R. 9355, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Unmanned Aircraft Systems (UAS) technology con- tinues to improve rapidly, and increasingly UAS are able to perform a variety of missions with greater oper- ational 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 trans- formative role in fields as diverse as urban infrastruc- ture management, farming, public safety, coastal secu- rity, 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 ex- isting 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 fore- seeable future. As UAS are integrated into the NAS, the Federal Government will take steps to ensure that the integra- tion takes into account not only our economic com- petitiveness 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 prin- ciples 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: SECTION 1. UAS Policies and Procedures for Federal Gov- ernment Use. The Federal Government currently oper- ates UAS in the United States for several purposes, in- cluding to manage Federal lands, monitor wildfires, conduct scientific research, monitor our borders, sup- port law enforcement, and effectively train our mili- tary. As with information collected by the Federal Government using any technology, where UAS is the platform for collection, information must be collected, used, retained, and disseminated consistent with the Constitution, Federal law, and other applicable regula- tions and policies. Agencies must, for example, comply with the Privacy Act of 1974 (5 U.S.C. 552a) (the ‘‘Pri- vacy Act’’), which, among other things, restricts the collection and dissemination of individuals’ informa- tion that is maintained in systems of records, including personally identifiable information (PII), and permits individuals to seek access to and amendment of records. (a) Privacy Protections. Particularly in light of the di- verse potential uses of UAS in the NAS, expected ad- vancements in UAS technologies, and the anticipated increase in UAS use in the future, the Federal Govern- ment shall take steps to ensure that privacy protec- tions 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 poli- cies and procedures relating to the collection, use, re- tention, and dissemination of information obtained by UAS, to ensure that privacy, civil rights, and civil lib- erties are protected. Agencies shall update their poli- cies and procedures, or issue new policies and proce- dures, as necessary. In addition to requiring compli- ance 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 fol- lowing requirements: (i) Collection and Use. Agencies shall only collect in- formation using UAS, or use UAS-collected informa- tion, to the extent that such collection or use is con- sistent 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 retain- ing agency, is maintained in a system of records cov- ered by the Privacy Act, or is required to be retained for a longer period by any other applicable law or regu- lation. (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 ful- fills an authorized purpose and complies with agency requirements. (b) Civil Rights and Civil Liberties Protections. To pro- tect 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 per- sons 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 applica- ble laws, Executive Orders, and other Presidential di- rectives; and (iii) ensure that adequate procedures are in place to receive, investigate, and address, as appropriate, pri- vacy, 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 train- ing for Federal Government personnel and contractors who work on UAS programs, and procedures for report- ing suspected cases of misuse or abuse of UAS tech- nologies; (iii) establish policies and procedures, or confirm that policies and procedures are in place, that provide mean- ingful oversight of individuals who have access to sen- sitive information (including any PII) collected using UAS; (iv) ensure that any data-sharing agreements or poli- cies, data use policies, and record management policies applicable to UAS conform to applicable laws, regula- tions, 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 individ- uals’ 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 af- fect privacy, civil rights, or civil liberties; and Page 1412 TITLE 49—TRANSPORTATION § 44802 (iii) make available to the public, on an annual basis, a general summary of the agency’s UAS operations dur- ing the previous fiscal year, to include a brief descrip- tion 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 memo- randum, agencies shall provide the President with a status report on the implementation of this section. Within 1 year of the date of this memorandum, agen- cies shall publish information on how to access their publicly available policies and procedures imple- menting this section. SEC. 2. Multi-stakeholder Engagement Process. In addi- tion to the Federal uses of UAS described in section 1 of this memorandum, the combination of greater oper- ational flexibility, lower capital requirements, and lower operating costs could allow UAS to be a trans- formative technology in the commercial and private sectors for fields as diverse as urban infrastructure management, farming, and disaster response. Although these opportunities will enhance American economic competitiveness, our Nation must be mindful of the po- tential implications for privacy, civil rights, and civil liberties. The Federal Government is committed to pro- moting the responsible use of this technology in a way that does not diminish rights and freedoms. (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 air- craft, even if the use would qualify a UAS as a public aircraft under 49 U.S.C. 40102(a)(41) and 40125. The proc- ess shall not focus on law enforcement or other non- commercial governmental use. SEC. 3. Definitions. As used in this memorandum: (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 Gov- ernment 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 informa- tion; and manpower and material. Included in this defi- nition are system components shared jointly by the De- partments of Defense, Transportation, and Homeland Security. (d) ‘‘Unmanned Aircraft System’’ means an un- manned aircraft (an aircraft that is operated without direct human intervention from within or on the air- craft) and associated elements (including communica- tion links and components that control the unmanned aircraft) that are required for the pilot or system oper- ator in command to operate safely and efficiently in the NAS. (e) ‘‘Personally identifiable information’’ refers to in- formation 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). SEC. 4. General Provisions. (a) This memorandum com- plements and is not intended to supersede existing laws and policies for UAS operations in the NAS, including the National Strategy for Aviation Security and its supporting plans, the FAA Modernization and Reform Act of 2012, the Federal Aviation Administration’s (FAA’s) Integration of Civil UAS in the NAS Roadmap, and the FAA’s UAS Comprehensive Plan. (b) This memorandum shall be implemented con- sistent with applicable law, and subject to the avail- ability of appropriations. (c) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, 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 proce- dural, 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 Fed- eral Register. BARACK OBAMA. UNMANNED AIRCRAFT SYSTEMS INTEGRATION PILOT PROGRAM 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: SECTION 1. Policy. It shall be the policy of the United States to promote the safe operation of unmanned air- craft systems (UAS) and enable the development of UAS technologies for use in agriculture, commerce, emergency management, human transportation, and other sectors. Compared to manned aircraft, UAS pro- vide novel, low-cost capabilities for both public and pri- vate applications. UAS present opportunities to en- hance the safety of the American public, increase the efficiency and productivity of American industry, and create tens of thousands of new American jobs. The private sector has rapidly advanced UAS capa- bilities to address the needs of recreational, commer- cial, and public users. To promote continued techno- logical innovation and to ensure the global leadership of the United States in this emerging industry, the reg- ulatory framework for UAS operations must be suffi- ciently flexible to keep pace with the advancement of UAS technology, while balancing the vital Federal roles in protecting privacy and civil liberties; miti- gating risks to national security and homeland secu- rity; and protecting the safety of the American public, critical infrastructure, and the Nation’s airspace. Well- coordinated integration of UAS into the national air- space system (NAS) alongside manned aircraft will in- crease the safety of the NAS and enable the authoriza- tion 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 coordi- Page 1413 TITLE 49—TRANSPORTATION § 44802 nated 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. SEC. 2. UAS Integration Pilot Program. (a) Within 90 days of the date of this memorandum, the Secretary of Transportation (Secretary), in consultation with the Administrator of the FAA (Administrator), shall estab- lish a UAS Integration Pilot Program (Program) to test the further integration of UAS into the NAS in a select number of State, local, and tribal jurisdictions. (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 oper- ations; (ii) encourage UAS owners and operators to develop and safely test new and innovative UAS concepts of op- erations; and (iii) inform the development of future Federal guide- lines and regulatory decisions on UAS operations na- tionwide. SEC. 3. Implementation. (a) To implement the Pro- gram, the Secretary or the Administrator, as appro- priate, shall: (i) solicit proposals from State, local, and tribal gov- ernments to test within their jurisdictions the integra- tion 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 gov- ernments for participation in the Program according to the criteria listed in subsection (b) of this section; (iii) enter into agreements with the selected govern- ments 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 oper- ations, including, if applicable, the governments them- selves; and (iv) as necessary, use existing authorities to grant ex- ceptions, exemptions, authorizations, and waivers from FAA regulations to the entities identified in the agree- ments 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 Pro- gram under subsection (a) of this section, the Secretary shall consider: (i) overall economic, geographic, and climatic diver- sity of the selected jurisdictions; (ii) overall diversity of the proposed models of gov- ernment 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 in- tegration 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 re- quirements related to national defense, homeland secu- rity, and public safety, and to address competition, pri- vacy, and civil liberties concerns; and (viii) the commitment of the governments and UAS operators involved in the proposal to achieve the fol- lowing policy objectives: (A) promoting innovation and economic develop- ment; (B) enhancing transportation safety; (C) enhancing workplace safety; (D) improving emergency response and search and rescue functions; and (E) using radio spectrum efficiently and competi- tively. (c) Within 180 days of the establishment of the Pro- gram, 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 govern- ments 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 ex- isting FAA test sites, waivers granted under 14 CFR part 107, exemptions granted under [former] section 333 of the FMRA, the FAA Focus Area Pathfinder Pro- gram, and any other relevant programs in order to ex- pedite the consideration of exceptions, exemptions, au- thorizations, 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, authoriza- tions, waivers granted, or agreements made with UAS users or participating jurisdictions in a timely and ap- propriate manner, including by revoking or modifying the relevant terms. SEC. 4. Coordination. (a) The Administrator, in coordi- nation with the Administrator of the National Aero- nautics and Space Administration, shall apply relevant information collected during the Program and prelimi- nary findings to inform the development of the UAS Traffic Management System under section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Pub- lic Law 114–190) [set out in a note above]. (b) The Secretary, in coordination with the Secre- taries of Defense and Homeland Security and the Attor- ney General, shall take necessary and appropriate steps to: (i) mitigate risks to public safety and homeland and national security when selecting proposals and imple- menting the Program; and (ii) monitor compliance with relevant laws and regu- lations to ensure that Program activities do not inter- fere 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 con- ducted 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 Secre- taries 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 Home- land Security and the Attorney General to test counter-UAS capabilities, as well as platform and sys- tem-wide cybersecurity, to the extent appropriate and consistent with law. SEC. 5. Evaluation and Termination of UAS Integration Pilot Program. (a) The Program shall terminate 3 years from the date of this memorandum, unless extended by the Secretary. (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 appro- priate, share information with the Secretaries of De- Page 1414 TITLE 49—TRANSPORTATION § 44803 fense and Homeland Security, the Attorney General, and the heads of other executive departments and agen- cies. (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 re- port to the President setting forth the Secretary’s in- terim findings and conclusions concerning the Pro- gram. Not later than 90 days after the Program is ter- minated, the Secretary shall submit a final report to the President setting forth the Secretary’s findings and conclusions concerning the Program. SEC. 6. Definitions. As used in this memorandum, the next stated terms, in singular and plural, are defined as follows: (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. SEC. 7. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals; or (iii) the conduct of public aircraft operations, as de- fined in 49 U.S.C. 40102(a)(41) and 40125, by executive de- partments and agencies, consistent with applicable Federal law. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, 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 pub- lish this memorandum in the Federal Register. DONALD J. TRUMP. § 44803. Unmanned aircraft system test ranges (a) TEST RANGES.— (1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to— (A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and (B) the extent consistent with aviation safety and efficiency, support the safe inte- gration of unmanned aircraft systems into the national airspace system. (2) DESIGNATIONS.— (A) EXISTING TEST RANGES.—Test ranges designated under this section shall include the 7 test ranges established under the fol- lowing: (i) Section 332(c) of the FAA Moderniza- tion and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthor- ization Act of 2018 (Public Law 115–254). (ii) Any other test ranges designated pursuant to the amendment made by sec- tion 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act. (B) NEW TEST RANGES.—If the Adminis- trator finds that it is in the best interest of enabling safe UAS integration into the na- tional airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selec- tion process. (C) LIMITATION.—Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time. (3) ELIGIBILITY.—Test ranges selected by the Administrator pursuant to (2)(B) shall— (A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity; (B) be approved by the chief executive offi- cer of the State, local, territorial, or Tribal government for the principal place of busi- ness of the applicant, prior to seeking des- ignation by the Administrator; (C) undertake and ensure testing and eval- uation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and (D) meet any other requirements estab- lished by the Administrator. (b) AIRSPACE REQUIREMENTS.— (1) IN GENERAL.—In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous develop- ment, testing, and evaluation activities to inform the safe integration of unmanned air- craft systems into the national airspace sys- tem; or (B) other activities authorized by the Ad- ministrator pursuant to subsection (f). (2) NEPA REVIEW.—The Administrator may require that each test range sponsor des- ignated by the Administrator under subsection (a) provide a draft environmental review con- sistent with the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Ad- ministrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection. (3) INACTIVE RESTRICTED AREA OR SPECIAL USE AIRSPACE.— (A) IN GENERAL.—In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph