The Restoring American Airspace Sovereignty Executive Order was issued by President Trump on June 6, 2025. See here. The purpose of the Executive Order (EO) was to address the perceived threat offered by Uncrewed Aircraft Systems (“UAS” or “drones”) to potentially endanger public safety through unauthorized drone flights and to ensure American sovereignty over its skies and that its airspace remains safe and secure.
The following is Part Two of a summary of provisions of particular interest with respect to drone law in the EO.
Section 3 of the EO, entitled “Policy”, provides that:
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. 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.
One measure of the need to protect the public is evidenced by the FAA data concerning drone incursions of the airspace near airports. The FAA website, Drone Sightings Near Airports, at https://www.faa.gov/uas/resources/public_records/uas_sightings_report, has tracked drone sightings near airports since October, 2019. Since that time, the FAA has documented thousands of drone sightings near airports. The FAA reports 1,028 drone sightings near airports in the first half of 2025 alone.
The EO also addresses the protection of critical infrastructures. The EO states that “…the term “critical infrastructure” has the meaning given in 42 U.S.C. 5195c(e), 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)…” (NSM-22 is found at https://www.cisa.gov/national-security-memorandum-critical-infrastructure-security-and-resilience).
To facilitate the protection of critical infrastructures, Section 5 of the EO requires the FAA to establish Airspace Regulations to Protect the Public. Section 5 provides:
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, 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;
Section 2209 has a long history, as one might surmise from the reference above to the federal legislation enacted in 2016.
Background Of Section 2209
On July 15, 2016, Congress enacted Public Law 114-190, entitled the FAA Extension, Safety and Security Act of 2016 (FESSA). The legislation included Section 2209, entitled “Applications for Designation”, which directed the Secretary of Transportation to “establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration (FAA) to prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.” Within Section 2209, Congress directed that an eligible facility must be a fixed site facility within one or more defined industry sectors: “critical infrastructure, such as energy production, transmission, and distribution facilities and equipment; ; amusement parks; [and] other locations that warrant such restrictions.”
On October 5, 2018, Congress enacted Public Law 115–254, also known as the FAA Reauthorization Act of 2018 (FAARA 2018). FAARA 2018 amended part A of subtitle VII of title 49, United States Code by inserting a new chapter 448, entitled Unmanned Aircraft Systems, which incorporated additional authorities and mandated the FAA to support the further integration of UAS into the airspace of the United States. One of those provisions amended Section 2209 of FESSA to add rail facilities as an additional fixed site facility sector to be protected.
On May 16, 2024, Congress enacted Public Law 118-63, entitled FAA Reauthorization Act of 2024 (FAARA 2024). FAARA 2024 reauthorized the FAA through FY2028, including activities and programs related to airport planning and development, facilities and equipment, and operations. With respect to fixed site facilities, Section 929 of FAARA 2024 amended Section 2209 to add state prisons as an additional fixed site facility sector to those designated previously. FAARA 2024 added the following definition to section 2209:
‘‘(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 confinement of individuals convicted of a felony.’’
In light of the foregoing inaction of FAA compliance with prior specific Congressional mandates, the text in Section 5 requiring the FAA to implement Section 2209 with all due haste is entirely understandable if not long overdue.
