Scaling innovation—New Executive Orders catalyze progress for U.S. drone industry

The “Unleashing American Drone Dominance” Executive Order advances regulatory actions and streamlines processes to support the growth of the commercial and defense drone sectors. 

Key directives from the White House include: 

• Advancing the BVLOS Rulemaking: This long-awaited action standardizes the regulatory framework to operate drones beyond visual line of sight, which will unlock significant expansion of operations for disaster response, package delivery, infrastructure inspection, agricultural tasks, public safety, and more. The Executive Order requires a proposed rule in 30 days and a final rule in 240 days. 
• Streamlining Approvals for Scalable Operations: The Executive Order advances commercialization of UAS technologies at scale and streamlines approvals, including for environmental reviews and the carriage of household goods. It directs the FAA to establish clear performance metrics for BVLOS operations within 30 days, and to identify outstanding barriers to enabling BVLOS operations within 180 days. 
• Enabling High Seas Operations: Under the Chicago Convention and International Civil Aviation Organization (ICAO) standards, UAS are currently prohibited from flying over the “high seas” (more than 12 nautical miles offshore) because they do not typically possess airworthiness certificates. This prevents drones from being used for certain helpful applications, such as transportation of supplies to offshore oil rigs and monitoring ocean pollution. The Executive Order directs the Federal Aviation Administration (FAA) to explore options to enable UAS operations over the high seas without imposing requirements applicable to manned aircraft conducting international navigation. 
• Establishing an Electrical Vertical Takeoff and Lift (eVTOL) Pilot Program: In our recent Transportation and Logistics Video Series, we discussed how eVTOLs and other Advanced Air Mobility (AAM) systems are poised to revolutionize urban transportation. The Executive Order calls for the creation of an eVTOL Integration Pilot Program (eIPP) to accelerate the deployment of advanced aviation technology throughout the United States. 
• Prioritizing American Manufactured Drones: In an effort to bolster American drone manufacturers, the Order requires Executive Branch agencies to prioritize integration of domestically manufactured drones over those manufactured abroad. This has broad implications for agencies and industry alike. 
• Updating Federal Procurement Eligibility: The Executive Order instructs the Defense Innovation Unit (DIU) to maximize the ability for drones on DIU’s Blue UAS List to operate on military installations. It also directs the Department of Defense (DOD) to prioritize the procurement of drones made by U.S. companies that are compliant with Section 848 of the FY 2020 National Defense Authorization Act (NDAA). Section 848 generally restricts the DOD from procuring UAS that are manufactured in China or containing components, data storage, or network connectivity linked to China. 
• Protecting the Drone Supply Chain: The Order sets a 90-day timeline for the Department of Commerce to take actions to “secure the United States drone supply chain against foreign control or exploitation.” The order mentions both investigations and proposed rulemaking, a reference to an ongoing regulatory activity to address concerns regarding foreign adversary involvement in UAS Information and Communications Technology and Services (ICTS) supply chains. We recently wrote about the impact of this Advanced Notice of Proposed Rulemaking (ANPRM) here. 

The “Restoring American Airspace Sovereignty” Executive Order focuses on security and addresses the need for increased airspace transparency and the mitigation of risks posed by unauthorized drone operations. 

Key mandates include: 

• Prohibiting Unauthorized Flights Over Sensitive Sites and Critical Infrastructure: The Order requires publication of the long-overdue rulemaking mandated in Section 2209 of the FAA Extension, Safety, and Security Act of 2016, which requires establishment of a process for restricting unauthorized drone flights over certain sensitive fixed sites such as energy production infrastructure, railroad facilities, amusement parks, and state prisons. 
• Promoting Transparency in the Airspace: The Executive Order establishes a cross-governmental Federal Task Force to Restore Airspace Sovereignty to promote transparency and security in the national airspace.
• Protecting Mass Gathering Sporting Events: Within 30 days of the Order, the Attorney General and the Secretary of Homeland Security are tasked with exploring the integration of counter-UAS operational responses into Joint Terrorism Task Forces. This initiative aims to enhance the protection of mass gathering events, especially at large sporting venues. 
• Facilitating Counter-Drone Technology Training: To enable the expanded use of counter-drone technology, the Executive Order calls for the creation of a National Training Center for Counter-Unmanned Aircraft Systems. The purpose of this Center will be the training of federal and SLTT law enforcement to secure upcoming major sporting events, specifically the 2026 FIFA World Cup and 2028 Summer Olympics. 
• Maximizing Detect, Track, and Identify (DTI) Authority: The Order instructs executive agencies to maximize their authorities to employ DTI technology. It specifically mandates revising the 2020 inter-agency guidance on federal laws affecting DTI employment, creating guidance for critical infrastructure owners and operators to help them use DTI technology, and increasing information sharing between federal and SLTT agencies. 
• Expanding Grant Eligibility: The Executive Order directs the Attorney General and Secretary of Homeland Security to ensure that drone and counter-drone equipment and services are eligible expenses for SLTT agencies under federal grant programs. 
• Increasing Enforcement: The Attorney General is directed to ensure full enforcement of civil and criminal laws in instances when drones endanger the public, violate airspace restrictions, or are used to commit crimes. 

Authored by Lisa Ellman, Matt Clark, Liz Forro, and Hanson Causbie.