LawFlash

Executive Order Puts US Aviation Technology on Fast Track

June 09, 2025

The president on June 6, 2025 issued a trio of executive orders (EOs) that aim to solidify the United States’ position in advancing new aviation technologies and accelerate the integration of uncrewed aircraft systems (UAS), supersonic aircraft, and electric vertical take-off and landing technologies in the United States, emphasizing the use of artificial intelligence to accelerate their implementation and integration. The EOs are also intended to promote public safety through counter-UAS measures, strengthen supply chains, and bolster national security by reducing dependency on foreign (particularly Chinese) drone components. Together, these EOs present significant opportunities for technology and industry stakeholders.

This LawFlash offers a high-level overview of these EOs, summarizing the core provisions and next steps required by the EOs, none of which are self-executing.

UNLEASHING AMERICAN DRONE DOMINANCE

The Unleashing American Drone Dominance EO addresses the critical need for a revamp of US policy around UAS (drones) and electric vertical take-off and landing (eVTOL) aircraft.

For the UAS sector, the EO aims to streamline the process to obtain approvals for Beyond Visual Line of Sight (BVLOS) operations for small UAS operators, including through the use of artificial intelligence (AI), and prioritizes the integration of US-manufactured UAS in the integration into the National Airspace System (NAS).

For the eVTOL sector, the EO directs the Federal Aviation Administration (FAA) to establish an eVTOL Integration Pilot Program (EPIPP) that would provide significant partnership opportunities for the eVTOL sector to begin operations in the next several months.

Key provisions include:

  • Within 30 days (July 6, 2025), the FAA administrator must issue a proposed rule enabling routine BVLOS operations for commercial and public UAS operations, with a final rule to be published within 240 days (December 3, 2025). Under current rules, a drone operator must maintain visual contact with the drone they are operating.
  • Within 30 days (July 6, 2025), the FAA administrator must propose a rule for assessing BVLOS and finalize it within 240 days (December 3, 2025) to permit routine BVLOS flights.
  • Within 120 days (October 4, 2025), the FAA must deploy AI tools to streamline UAS waiver applications.
  • The FAA must establish the eVTOL Integration Pilot Program (ePIPP). Proposals must be submitted within 90 days (September 4, 2025) with at least five US-based eVTOL projects to be selected by December 3, 2025, which will cover cargo, medical, and advanced mobility.
  • All agencies shall prioritize the integration of UAS manufactured in the United States over those made abroad to the maximum extent permitted by law.
  • The Federal Acquisition Security Council is instructed to identify companies that pose supply chain risks while providing procurement preference for US-manufactured UAS.

LEADING THE WORLD IN SUPERSONIC FLIGHT

The Leading the World in Supersonic Flight EO aims to reassert US leadership in the field of supersonic aviation, which had stalled in the United States in the 1970s following thousands of noise-related and property damage complaints due to sonic booms. Recently, technological developments in “low-boom” supersonic jets have made commercial supersonic travel quieter and more feasible. This EO is in addition to the Supersonic Aviation Modernization (SAM) Act that was recently introduced in the US Senate.

The EO directs the FAA to remove a ban on overland supersonic travel in the NAS and introduce interim noise-based certification standards within 180 days (December 3, 2025). It also directs the Secretary of Transportation (acting through the FAA administrator) and in coordination with the director of the Office of Science and Technology Policy (OSTP) and other agency heads to engage globally with the International Civil Aviation Organization (ICAO) and globally to develop a global framework for supersonic flight and associated bilateral agreements to facilitate its integration into global aviation necessary for the safe operations of supersonic flights.  

Additional points in the EO include:

  • Within 18 months (December 2026), the FAA must issue a Notice of Proposed Rulemaking (NPRM) to establish standards for supersonic aircraft noise certification in takeoff, en-route, and landing operations. This rule must be finalized and issued within two years (June 2027).
  • The EO also directs the OSTP to coordinate with other agencies on R&D-related supersonic research.
  • Coordination must take place externally with the ICAO and foreign aviation authorities to develop globally aligned regulatory standards and bilateral safety agreements to support the safety of international supersonic flight.

RESTORING AMERICAN AIRSPACE SOVEREIGNTY

The Restoring American Airspace Sovereignty EO concentrates on addressing the misuse of UAS in ways that threaten public safety. These include illicit surveillance, drug smuggling, and threats around large public gatherings. The purpose of this EO is to ensure control over US airspace while protecting critical infrastructure and bolstering public safety, a key point for all US major sports leagues, but especially ahead of the upcoming 2026 World Cup tournament, which includes host cities across the United States, and the 2028 Summer Olympics in Los Angeles. This EO is likely to accelerate new opportunities for counter-UAS technologies, in partnership with law enforcement.

  • Section 4 establishes the Federal Task Force to Restore American Airspace Sovereignty, with the mandate to review the various technical, operational, and regulatory frameworks that underpin UAS and provide corresponding recommendations. The task force will include representatives from agencies such as the FAA, US Department of Defense (DOD), US Department of Justice (DOJ), and US Department of Homeland Security (DHS), among others.
  • Within 30 days (July 6, 2025), the US attorney general and DHS secretary must begin exploring the integration of counter-UAS tools in Joint Terrorism Task Forces for events to defend against unauthorized drones.
  • The EO grants federal agencies the authority to detect, track, and identify drones—within the protections of the Fourth Amendment. By August 5, 2025, the FAA and DHS must provide real-time access to identifying information associated with UAS.
  • Within 120 days (October 4, 2025), the FAA must publish rulemaking under section 2209 of the FAA Extension, Safety, and Security Act to restrict drone flights over critical infrastructure and public facilities.

LOOKING AHEAD

The three EOs reflect the US administration’s goals to lead the world in advancing aviation policies to accelerate integration of new technologies in the UAS, eVTOL, and supersonic flight sectors and promote US-technologies. The EOs extend beyond the aviation sector to include the use of AI, promotion of stronger US-based supply chains, and protection of critical infrastructure.

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Authors
Jennifer Trock (Washington, DC)
Katelyn M. Hilferty (Washington, DC)
Kenneth J. Nunnenkamp (Washington, DC)
Nicholas M. Gess (Washington, DC)