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§ 44810. Airport safety and airspace hazard mitigation and enforcement

Version history — every release point where this text changed

Release point 119-87 · current through 04/30/2026

§ 44810.

Airport safety and airspace hazard mitigation and enforcement

(a)

Coordination.—

The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.

(b)

Plan.—

(1)

In general.—

The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or systems for the detection and mitigation of unmanned aircraft systems.

(2)

Contents.—

The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system operations.

(3)

Aviation rulemaking committee.—

The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee Act (5 U.S.C. App.) 1

1 See References in Text note below.
shall not apply to an aviation rulemaking committee chartered under this paragraph.

(4)

Non-delegation.—

The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code.

(c)

Airspace Hazard Mitigation Program.—

In order to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by unmanned aircraft, the Administrator shall deploy such technologies or systems at 5 airports, including 1 airport that ranks in the top 10 of the FAA’s most recent Passenger Boarding Data, and any other location the Administrator determines appropriate.

(d)

Authority.—

Under the testing and evaluation in subsection (c), the Administrator shall use unmanned aircraft detection and mitigation systems to detect and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety.

(e)

Aip Funding Eligibility.—

Upon the certification, permitting, authorizing, or allowing of such technologies and systems that have been successfully tested under this section, an airport sponsor may apply for a grant under subchapter I of chapter 471 to purchase an unmanned aircraft detection and mitigation system. For purposes of this subsection, purchasing an unmanned aircraft detection and mitigation system shall be considered airport development (as defined in section 47102).

(f)

Briefing.—

The Administrator shall annually brief the appropriate committees of Congress, including the Committee on Judiciary 2

2 So in original. Probably should be preceded by “the”.
of the House of Representatives and the Committee on the Judiciary of the Senate, on the implementation of this section.

(g)

Applicability of Other Laws.—

Section 46502 of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act), section 1031 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986),1 sections 2510–2522 of title 18, United States Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States Code (commonly known as the Pen/Trap Statute), shall not apply to activities authorized by the Administrator pursuant to subsection 3

3 So in original. Probably should be “subsections”.
(c) and (d).

(h)

Sunset.—

This section ceases to be effective

September 30, 2028
.

(i)

Non-delegation.—

The Administrator shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. The Administrator may partner with other Federal agencies under this section, subject to any restrictions contained in such agencies’ authority to operate counter unmanned aircraft systems.

Source(Added Pub. L. 115–254, div. B, title III, § 383(a),
Oct. 5, 2018
, 132 Stat. 3321; amended Pub. L. 118–15, div. B, title II, § 2202(d),
Sept. 30, 2023
, 137 Stat. 83; Pub. L. 118–34, title I, § 102(d),
Dec. 26, 2023
, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(d),
Mar. 8, 2024
, 138 Stat. 21; Pub. L. 118–63, title IX, § 904,
May 16, 2024
, 138 Stat. 1341.)
Notes

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (b)(3), is Pub. L. 92–463,
Oct. 6, 1972
, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7,
Dec. 27, 2022
, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
The Aircraft Sabotage Act, referred to in subsec. (g), is part B (§§ 2011–2015) of chapter XX of title II of Pub. L. 98–473,
Oct. 12, 1984
, 98 Stat. 2187. Section 2013(b) of the Act generally amended section 32 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 31 of Title 18 and Tables.
The Computer Fraud and Abuse Act of 1986, referred to in subsec. (g), is Pub. L. 99–474, § 1,
Oct. 16, 1986
, 100 Stat. 1213, which amended section 1030 of Title 18, Crimes and Criminal Procedure. Section 1031 of Title 18 was enacted by Pub. L. 100–700, known as the Major Fraud Act of 1988.

Amendments

2024—Subsec. (c). Pub. L. 118–63, § 904(1), inserted “, and any other location the Administrator determines appropriate” after “Data”.
Subsec. (h). Pub. L. 118–63, § 904(2), substituted “
September 30, 2028
” for “
May 10, 2024
”.
Pub. L. 118–41 substituted “
May 10, 2024
” for “
March 8, 2024
”.
2023—Subsec. (h). Pub. L. 118–34 substituted “
March 8, 2024
” for “
December 31, 2023
”.
Pub. L. 118–15 substituted “
December 31, 2023
” for “
September 30, 2023
”.

Statutory Notes and Related Subsidiaries

Cooperation Related to Certain Counter-UAS Technology

Pub. L. 115–254, div. B, title III, § 365,
Oct. 5, 2018
, 132 Stat. 3310, provided that:
“In matters relating to the use of systems in the national airspace system intended to mitigate threats posed by errant or hostile unmanned aircraft system operations, the Secretary of Transportation shall consult with the Secretary of Defense to streamline deployment of such systems by drawing upon the expertise and experience of the Department of Defense in acquiring and operating such systems consistent with the safe and efficient operation of the national airspace system.”

Enforcement

Pub. L. 115–254, div. B, title III, § 372,
Oct. 5, 2018
, 132 Stat. 3312, as amended by Pub. L. 118–15, div. B, title II, § 2202(q),
Sept. 30, 2023
, 137 Stat. 84; Pub. L. 118–34, title I, § 102(q),
Dec. 26, 2023
, 137 Stat. 1114; Pub. L. 118–41, title I, § 102(q),
Mar. 8, 2024
, 138 Stat. 22, provided that:
“(a)

UAS Safety Enforcement.—

The Administrator of the Federal Aviation Administration shall establish a pilot program to utilize available remote detection or identification technologies for safety oversight, including enforcement actions against operators of unmanned aircraft systems that are not in compliance with applicable Federal aviation laws, including regulations.

“(b)

Reporting.—

As part of the pilot program, the Administrator shall establish and publicize a mechanism for the public and Federal, State, and local law enforcement to report suspected operation of unmanned aircraft in violation of applicable Federal laws and regulations.

“(c)

Report to Congress.—

Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [

Oct. 5, 2018
], and annually thereafter through the duration of the pilot program established in subsection (a), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the following:

“(1)

The number of unauthorized unmanned aircraft operations detected in restricted airspace, including in and around airports, together with a description of such operations.

“(2)

The number of enforcement cases brought by the Federal Aviation Administration or other Federal agencies for unauthorized operation of unmanned aircraft detected through the program, together with a description of such cases.

“(3)

Recommendations for safety and operational standards for unmanned aircraft detection and mitigation systems.

“(4)

Recommendations for any legislative or regulatory changes related to mitigation or detection or identification of unmanned aircraft systems.

“(d)

Sunset.—

The pilot program established in subsection (a) shall terminate on

May 10, 2024
.

“(e)

Civil Penalties.—

[Amended section 46301 of this title.]
“(f)

Rule of Construction.—

Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action for a violation of this subtitle or any other applicable provision of aviation safety law or regulation using remote detection or identification or other technology following the sunset of the pilot program.”

Executive Documents

Ex. Ord. No. 14305. Restoring American Airspace Sovereignty

Ex. Ord. No. 14305,
June 6, 2025
, 90 F.R. 24719, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. Unmanned aircraft systems (UAS), otherwise known as drones, offer the potential to enhance public safety as well as cement America’s leadership in global innovation. But criminals, terrorists, and hostile foreign actors have intensified their weaponization of these technologies, creating new and serious threats to our homeland. Drug cartels use UAS to smuggle fentanyl across our borders, deliver contraband into prisons, surveil law enforcement, and otherwise endanger the public. Mass gatherings are vulnerable to disruptions and threats by unauthorized UAS flights. Critical infrastructure, including military bases, is subject to frequent—and often unidentified—UAS incursions. Immediate action is needed to ensure American sovereignty over its skies and that its airspace remains safe and secure.
Sec. 2. Definitions. For the purposes of this order:
(a) the term “unmanned aircraft systems” or “UAS” has the meaning given in 49 U.S.C. 44801;
(b) the term “critical infrastructure” has the meaning given in 42 U.S.C. 5195c(e) [section 1016(e) of Pub. L. 107–56], and includes systems and assets in all of the designated critical infrastructure sectors identified in National Security Memorandum 22 of
April 30, 2024
(Critical Infrastructure Security and Resilience) (NSM-22) and
(c) the term Sector Risk Management Agency or “SRMA” has the same meaning given in 6 U.S.C. 650 [section 2200 of Pub. L. 107–296] and as further described in NSM-22.
Sec. 3. Policy. It is the policy of the United States to ensure control over our national airspace and to protect the public, critical infrastructure, mass gathering events, and military and sensitive government installations and operations from threats posed by the careless or unlawful use of UAS.
Sec. 4. Task Force to Restore American Airspace Sovereignty. To assist in ensuring control over our national airspace, there is hereby established the Federal Task Force to Restore American Airspace Sovereignty (Task Force). The Task Force shall be chaired by the Assistant to the President for National Security Affairs (APNSA) or a designee, and include principals, or their designees, from appropriate executive departments and agencies as identified by the APNSA. The Task Force shall review relevant operational, technical, and regulatory frameworks and develop and propose solutions to UAS threats, as appropriate and consistent with applicable law, and shall make recommendations on the implementation of all actions identified in this order.
Sec. 5. Airspace Regulations to Protect the Public. The Administrator of the Federal Aviation Administration (FAA) shall:
(a) with respect to the rulemaking required by section 2209(f) of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190, 49 U.S.C. 44802 note], as amended:
(i) promptly submit a notice of proposed rulemaking (NPRM) to the Office of Management and Budget (OMB) and the Task Force establishing the statutorily required process for restricting drone flights over fixed site facilities, and interpreting, to the extent appropriate, critical infrastructure consistent with the definition of that term in this order; and
(ii) promulgate a final rule as soon as practicable after publication of the NPRM;
(b) make national security and homeland security assessments under section 2209 in coordination with Sector Risk Management Agencies (SRMAs), the Secretary of Defense, the Secretary of Homeland Security, or the Attorney General, as appropriate, and whenever military installations or operations are implicated, with the Secretary of Defense; and
(c) within 180 days of the date of this order [
June 6, 2025
], make freely available online Notices to Airmen (NOTAMs) and Temporary Flight Restrictions (TFRs) in an open format easily accepted for drone geofencing and Aircraft Navigation and Guidance system purposes. This online availability should supplement, but not replace, existing NOTAMs and TFR promulgation methods.
Sec. 6. Enhancing Airspace Sovereignty. (a) the Attorney General, in coordination with the Administrator of the FAA, shall take appropriate steps to ensure full enforcement of applicable civil and criminal laws when drone operators endanger the public, violate established airspace restrictions, or operate a drone in furtherance of an element of another crime;
(b) on a recurring basis, the Attorney General shall submit to the President, through the APNSA, legislative proposals that would revise criminal penalties for violations of restricted airspace; and
(c) within 30 days of the date of this order, and to the extent allowed by law, the Attorney General and the Secretary of Homeland Security shall ensure that their respective departments’ grant programs permit otherwise eligible State, local, tribal, and territorial (SLTT) agencies to receive grants to purchase UAS or equipment or services for the detection, tracking, or identification of drones and drone signals, consistent with the legal authorities of those SLTTs.
Sec. 7. Detection, Tracking, and Identification of Drones and Drone Signals. (a) To the extent permitted by law and consistent with the Fourth Amendment, executive departments and agencies shall use all available existing authorities to employ equipment to detect, track, and identify drones and drone signals.
(b) Within 30 days of the date of this order, the Attorney General, the Secretary of Transportation, the Secretary of Homeland Security, and the Chairman of the Federal Communications Commission shall revise the August 2020 “Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems” to reflect relevant developments in Federal law and regulations addressing drones.
(c) Within 60 days of the date of this order, the Administrator of the FAA shall provide, to the extent permitted by law, including the Privacy Act of 1974 (5 U.S.C. 552a), automated real-time access to personal identifying information associated with UAS remote identification signals to appropriate executive departments and agencies and SLTT agencies for the purposes of enforcing applicable Federal or State law, with appropriate national security and privacy safeguards.
(d) Within 60 days of the date of this order, the Secretary of Homeland Security and the Administrator of the FAA, in coordination with the heads of other SRMAs as appropriate, shall publish guidance to aid private critical infrastructure owners or operators in employing technologies to detect, track, and identify drones and drone signals.
Sec. 8. Enhancing General Protections. Within 90 days of the date of this order, the Secretary of Homeland Security and the Attorney General, in coordination with the Secretary of Defense and the Secretary of Transportation, shall submit a recommendation to the President, through the APNSA, using risk-based assessment as defined in 6 U.S.C. 124n(k)(8) [now section 210G (l)(8) of Pub. L. 107–296, 6 U.S.C. 124n(l)(8)], on whether the northern and southern land borders; large airports; Federal facilities; critical infrastructure; and military installations, facilities, and assets should be designated as covered facilities or assets under 6 U.S.C. 124n and 10 U.S.C. 130i and whether any changes to law would be necessary relating to such designation.
Sec. 9. Building Counter-UAS Capacity. (a) Within 30 days of the date of this order, the Attorney General and the Secretary of Homeland Security shall explore integrating counter-UAS operational responses as part of Joint Terrorism Task Forces for the purpose of protecting mass gathering events.
(b) The Attorney General, in coordination with the Secretary of Defense; the Secretary of Transportation, acting through the Administrator of the FAA; the Secretary of Homeland Security; the Director of OMB; and the Chairman of the Federal Communications Commission, shall promptly take all appropriate steps to implement the recommendations of the March 2022 Feasibility Report to Congress with regard to the creation of the National Training Center for Counter-Unmanned Aircraft Systems (Center), and, upon establishment of the Center, focus initial training provided by the Center on development of Federal and SLTT capabilities to secure major upcoming national and international sporting events held in the United States, such as the FIFA World Cup 2026 and the 2028 Summer Olympics.
Sec. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Transportation.
Donald J. Trump.

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