Ref Doc - Guidance for the Use of Unmanned Aircraft Systems in the U.S.pdf

SECRETARY OF DEFENSE

1000 DEFENSE PENTAGON

WASHINGTON , DC 20301-1000

OCT 3 1 2023

MEMORANDUM FOR SENIOR PENTAGON LEADERSHIP

COMMANDERS OF THE COMBATANT COMMANDS

DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS

SUBJECT: Guidance for the Use of Unmanned Aircraft Systems in the U.S. National Airspace

This policy memorandum provides guidance for the use of Department of Defense unmanned aircraft systems (UAS) in the United States1 to ensure that such use is in accordance with U.S. law and DoD policy. The August 18, 2018 Secretary of Defense memorandum, "Guidance for the Domestic Use of Unmann~d Aircraft Systems," is hereby superseded.

This policy memorandum implements measures identified during DoD's triennial comprehensive review. Consistent with section 514 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81), this policy memorandum also implements measures identified in the report to Congress submitted pursuant to section 519C ofthe William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

The revisions in this memorandum further streamline the approval process for use of DoD UAS in the United States. Changes are as follows:

(1) Easing restrictions on the use ofUAS in lieu of manned aircraft for missions in the United States;

(2) Authorizing an expedited process to seek Secretary ofDefense approval for the use of DoD UAS for: support of civilian law enforcement agencies (LEAs); State missions other than State search and rescue (SAR) and incident awareness and assessment (IAA); and unforeseen, unique training opportunities;

(3) Authorizing State Governors to also approve the use of Group 4 and 5 DoD UAS for State SAR and IAA and planned training exercises with civilian LEAs;

(4) Authorizing the Secretary of the Air Force to approve Civil Air Patrol use of Group 1-3 DoD UAS for Defense Support of Civil Authorities SAR and IAA; and

(5) Authorizing Combatant Commanders to further delegate approval authority to Service or Functional Component Commanders.

This policy memorandum applies to all use ofDoD UAS in the United States procured or purchased using DoD funds, or operated by DoD personnel or National Guard (NG) personnel

1 The term "United States" means any State of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth ofthe Northern Mariana Islands, any possession ofthe United States, and the territorial sea and internal waters of the United States.

(in a title 10, title 32, or State active duty status), or under contract to DoD (including any DoD Component). Further, DoD UAS refers to all UAS Groups2 and includes commercial off-the-shelf UAS procured or contracted by DoD3 and UAS procured, purchased, or contracted by sources other than DoD when operated in support of DoD missions and activities (e.g., UAS procured with State funds when used by National Guard personnel in a title 10 or title 32 duty status). This memorandum does not apply to State procured or contracted UAS operated by NG personnel in State Active Duty unless flown over DoD property or facilities.

DoD Components will comply with all applicable laws and regulations in the planning and execution ofUAS operations in the United States as directed in Attachment 1, and will adhere to the authorizations, prescriptions, and proscriptions specified in Attachment 2, as well as all guidance applicable to the specific mission. Nothing in this memorandum serves as authorization or authority to procure, or contract for, UAS or unmanned aircraft to meet mission requirements, and nothing is this memorandum authorizes use of DoD appropriations for State missions or training.

The Under Secretary of Defense for Policy is responsible for incorporating this policy memorandun1 into an appropriate DoD issuance.

Attachments:

As stated

2 See Attachment 2 for descriptions of the 5 Groups of UAS.

3 Deputy Secretary of Defense Memorandum, "Guidance for Procedures for the Operation and Procurement of Unmanned Aircraft Systems to Implement Section 848 of the National Defense Authorization Act for Fiscal Year 2020, September 8, 2021 , which prohibits DoD from operating or entering into or renewing contracts for the procurement of certain foreign-manufactured UAS.

TAB 1

Attachment 1 - Use of DoD UAS in the United States

Operations in the United States

All use of DoD UAS in the United States will be conducted in accordance with Federal Aviation Administration (FAA) policies, regulations, and memoranda of agreement (MOA) concerning VAS operations in the U.S. National Airspace, 1 unless otherwise permitted by law or agreement.

DoD UAS should only be used in lieu of manned aircraft for missions in the United States under appropriate circumstances, including, for example, where: (I ) sustained endurance is required; (2) unmanned aircraft would provide superior capabilities; (3) unmanned aircraft would be the most cost-effective means to accomplish the mission; and (4) where physical infrastructure limitations prohibit the use ofmanned rotary-or fixed-wing aircraft.

DoD personnel operating DoD or DoD-contracted VAS in U.S. National Airspace, whether or not the use is related to an intelligence activity, will comply with all statutes, regulations, and guidance related to privacy and civil liberties, and DoD Component heads will ensure that operation by contractors of DoD or DoD-contracted UAS complies with such statutes, regulations, and guidance.2 Further, all DoD UAS used to conduct counterintelligence (CI), foreign intelligence, or intelligence-related activities will be operated in accordance with DoD' s implementation of Executive Order 12333,3 and all such activities must be executed by a Defense Intelligence Component as defined in DoD Directive 5143.01.

Approval authorities and guidance for the use of DoD UAS in the United States are prescribed in Attachment 2. The authorizations provided to the approval authorities in Attachment 2 may not be delegated, or re-delegated, unless expressly provided in Attachment 2.

Any delegations must be in writing. Should the head of a DoD Component further delegate approval authority, when permitted in Attachment 2, that DoD Component will provide written notification to the Office of the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs (ASD(HD&HA)) as soon as practicable.

1 DoD-FAA "Memorandum of Understanding Between the Department of Defense and Federal Aviation Administration for Unmanned Aircraft System Operations in the National Airspace System," dated May 9, 2019 (DoD-F AA MOU).

2 For example: U.S. Constitution, Amendment I; 5 U.S. Code (U.S.C.) § 552a (Records maintained on individuals);

42 U.S.C. § 2000ee-l (Privacy and civil liberties officers); DoD 5400. 11-R, " Department of Defense Privacy Program," May 14, 2007; and DoD Instruction (DoDI) 5400. 11 , " DoD Privacy and Civil Liberties Programs," with Change I, December 8, 2020; DoD Directive 5200.27, "Acquisition of Information Concerning Persons and Organizations not Affi liated with the Department of Defense," January 7, 1980.

3 For example: Executive Order (E.O.) 12333, ·'United States Intelligence Activities," as amended; E.O. 13526, "Classified National Security Infornrntion," December 29, 2009; DoD Directive (DoDD) 5240.0 I, " DoD Intelligence Activities," with Change 3, November 9, 2020; DoDD 5 148.11 , "Assistant to the Secretary of Defense for Intelligence Oversight (A TSD(IO))," April 24, 201 3; Do DD 5 148.1 3, " Intelligence Overs ight," April 26, 20 17;

DoD Manual (DoDM) 5240.01 , " Procedures Governing the Conduct of DoD Intelligence Activit ies," August 8, 201 6; and DoD 5240.1-R, "Procedures Governing the Activities of DoD Intelligence Components That Affect United States Persons," with Change 2, April 26, 201 7.

Any proposed use of UAS in the United States not specifically delineated in Attachment 2 requires Secretary of Defense approval. All DoD Components using Group 4 or 5 DoD UAS will notify the National Joint Operations and Intelligence Center (NJOIC), through the DoD Component's higher headquarters and chain of command, within 24 hours of initial UAS use (excluding training, exercises, repositioning, research, development, testing, and evaluation). For uses requiring Secretary of Defense approval, the Under Secretary of Defense for Policy, in coordination with the Chairman of the Joint Chiefs of Staff, the appropriate Combatant Commander or Commanders, the Under Secretary of Defense for Intelligence and Security, the DoD Chief Information Officer (CIO), and the DoD General Counsel, will provide a recommendation to the Secretary of Defense concerning the use of DoD UAS in the United States. DoD Component heads seeking verbal approval by the Secretary of Defense for the use of DoD UAS in the United States in urgent, time-critical situations to protect life or property should contact the ASD(HD&HA)' s DoD UAS staff at (571) 256-8330 or (703) 697-5774.4 The use of UAS in the United States in support of civil authorities will be provided on a reimbursable basis unless otherwise required by law, or on a non-reimbursable basis if such support is both authorized by law and approved by the Secretary of Defense.

DoD Component heads will ensure that contractor operation of UAS in the United States in support of DoD activities, where such services are provided outside of airspace delegated by the FAA for DoD use, complies with applicable FAA regulations, and that such UAS operation is consistent with Federal, State, and local law.

The safeguarding and employment of positioning, navigation, and timing (PNT) capabilities in UAS are integral to UAS operations in the U.S. National Airspace where Navigation Warfare (NAVWAR) conditions exist.5 The protection of DoD UAS, and their systems and sensors, in light of the potential NA VWAR threats to PNT signals affecting DoD UAS operations in the United States, will be taken into account by all DoD Components operating DoD UAS in the United States. The heads of DoD Components operating DoD UAS will fully consider the NA VW AR environment, including the protection of DoD UAS operations in the United States, as well as potential threats to PNT signals affecting DoD UAS operations in the United States, and will comply with all applicable NA VWAR guidance. 6 Similarly, the Chiefof the National Guard Bureau will ensure that States' use ofDoD UAS fully considers the NA VW AR environment, including the protection of DoD UAS operations in the United States, as well as potential threats to PNT signals affecting DoD UAS operations in the United States, and wi ll comply with all applicable NA VW AR guidance.

4 If after hours or on weekends, DoD Component heads should contact the Executive Support Center of the Office of the Secretary ofDefense (OSD Cables) at (703) 692-7000, and request to be connected with the Deputy Assistant Secretary of Defense or Principal Director for Homeland Defense Integration and Defense Support of Civil Authorities (H Dl&DSCA).

5Navigation warfare (NAVWAR) is "deliberate defensive and offensive action to assure and prevent positioning, navigation, and timing information through coordinated employment of space, cyberspace, and e lectromagnetic warfare operations." See DoD Dictionary of Military and Associated Tenns, as of November 202 1, available at:

https://www .jcs.m i I/Portals/36/Documents/Doctrine/pu bs/d ictionary .pdf?ver= J3xmdacJe _ L_ OM v I Uh E7gA %3d%3 d.

6 Do DI 4650 .08, " Positioning, Navigation, and Timing and Navigation Warfare," December 27, 20 18, as amended.

https://www

Privacy and Civil Liberties Requirements

In order to ensure accountability and promote transparency in the protection of privacy, and to ensure conformance with law, regulations, and guidance related to privacy and civil liberties, all DoD Components will report all DoD UAS operations in the United States within existing administrative and operational reporting standards, and the Chief, National Guard Bureau (NOB), will prescribe similar reporting for State operation of DoD UAS. The Secretaries of the Military Departments will submit annual reports to the Under Secretary ofDefense for Policy, the Under Secretary of Defense for Intelligence and Security, and the Assistant to the Secretary of Defense for Privacy, Civil Liberties and Transparency (A TSD(PCL T)) by November 1 of each year, summarizing UAS operations in the United States (excluding repositioning and training, exercises, research, development, testing, and evaluation as long as the UAS does not capture, acquire. collect, and retain information pertaining to the identification of specific individuals) during the previous fiscal year, including a brief description of: the types or categories of missions flown; summaries of sensors employed; any information acquired, and whether any information was collected, retained, or disseminated; and the number oftimes assistance was provided to other Federal departments and agencies, or to State, local , tribal, or territorial governments, and under what authority such assistance was provided. The Secretary of the Army's report will include State operation of UAS issued to Army National Guard units, and the Secretruy of the Air Force's report will include State operation of UAS issued to Air National Guard units.

State Use ofDoD UAS by State National Guard Personnel

Governors may authorize State National Guard units to use unarmed DoD Category 1 through 5 UAS issued to such units for State purposes if: (I) such DoD UAS are not allocated at the time for DoD purposes (as determined by the Secretary of the Military Department concerned); (2) the State purpose for which the UAS will be used is either search and rescue (SAR) or incident awareness and assessment (IAA)7; (3) UAS intelligence capability sensors are not used to target specific U.S. persons without consent (e.g., although consent is implied for search and rescue missions, the use of a UAS to monitor protestors would not be an appropriate use); ( 4) use will be conducted in accordance with FAA policies, regulations, and MO As concerning DoD UAS operations in the U.S. National Airspace and other relevant Federal policies and regulations; (5) National Guard personnel using or supporting the UAS are serving in a State active-duty status; and (6) States inform the NOB within 24 hours of initial UAS use.

In accordance with Section 328 of Title 32, U.S. Code, ational Guard personnel serving in a full-time National Guard duty status (i.e., Title 32, U.S. Code) are not authorized to perform duties in support of the State use of DoD UAS for State purposes or operations. However, consistent with Section 709 of Title 32, U.S. Code, full-time National Guard technicians are

7 Incident Awareness and Assessment ( IAA) - "The processing, analysis, and dissemination of information collected or acquired through the authorized use of intelligence, surveillance, and reconnaissance, and other intelligence, inte lligence-re lated, and/or non-intelligence capabilities, during defense support of civil authorities and National Guard domestic operations." See Joint Publication (JP) 3-28, ·'Defense Support ofCivil Authorities," October 29, 20 18.

authorized to maintain and repair DoD UAS issued by DoD to the National Guard, even when such UAS are being used for State purposes or operations.

Use ofDoD equipment (UAS) for a State purpose is subject to established reimbursement requirements and procedures.

The Chief of the NGB may issue procedures, in coordination with the Secretaries of the Military Departments, consistent with the authorities provided in Attachment 2, for submission of State requests to the Secretary ofDefense for DoD UAS use for other purposes. Any such procedures or guidance will include a requirement, consistent with the fourth and fifth paragraphs of this Attachment, that requests for DoD UAS use for other purposes be submitted to the ASD(HD&HA). If a DoD UAS is lost, destroyed, or damaged when being used for these or other State purposes, then Section 710 of Title 32, U.S. Code (accountability for property issued to the National Guard), applies. The Chief ofNGB will update or issue, as applicable, procedures prior to any exercise by the States of authorizations and delegations provided by this guidance.

If the DoD UAS is a DoD Intelligence Component capability or asset, all Executive orders, Presidential directives, intelligence oversight policies, and other DoD (including NGB) policies will be followed, including the requirement that a Proper Use Memorandum (PUM) must be reviewed, coordinated, and approved by NGB.

When States inform NGB of the initial State use of DoD UAS for authorized State purposes, NGB will immediately notify the National NJOIC.

States seeking verbal approval by the Secretary of Defense for the use of DoD UAS for State purposes in urgent, time-critical situations to protect life or property not addressed in Attachment 2 should contact the ASD(HD&HA)'s DoD UAS staff at (571 ) 256-8330 or (703) 697-5774.8

Responsibilities

Secretaries of the Military Departments

The Secretaries of the Military Departments will update or issue, as applicable, Military Department-specific implementation guidance prior to exercising the new authorizations and delegations provided by this guidance.

Military Department-specific implementation guidance is required, consistent with DoDI

5400.11 , to address compliance with laws, regulations, and guidance that protect privacy and civil liberties and ensure the appropriate collection, retention, and dissemination ofpersonal information; include a means ofeffective oversight; specify procedures to request (including

8 If after hours or on weekends, DoD Component heads shou ld contact the Executive Support Center of the Office of the Secretary of Defense (OSD Cables) at (703) 692-7000, and request to be connected with the Deputy Assistant Secretary of Defense or Principal Director for Homeland Defense integration and Defense Support ofCivi l Authorities (HDI&DSCA).

specification ofwhere to submit requests) and approve DoD UAS use in the United States;

address the required coordination with the FAA; include procedures to ensure compliance with DoD 5240.1-R and DoDM 5240.01 for intelligence or intelligence-related activities; and address administrative and operational reporting requirements. Updated Military Department-specific implementation guidance will be provided to the Under Secretary of Defense for Policy and the Under Secretary of Defense for Intelligence and Security and must be in effect before the execution of any new authorizations or delegations in Attachment 2.

Under Secretary ofDefense for Policy (USD(P))

The USD(P) is authorized to establish the appropriate policy for use ofUAS in the United States for the purposes offorce protection and the protection of other DoD assets.9

The USD(P) will, as necessary, update policy and approval authorities for DoD UAS support to the U.S. Coast Guard in the United States not specified in Attachment 2.10

Under Secretary ofDefense for Intelligence and Security (USD(I&S))

The USD(I&S) is the Principal Staff Assistant and advisor to the Secretary ofDefense and the Deputy Secretary of Defense regarding intelligence, CI, security, sensitive activities, and other intelligence-related matters, and serves as the senior defense intelligence, CI, and security official below the Secretary of Defense and Deputy Secretary of Defense. 11 As it pertains to use of UAS in the United States, the USD(I&S) develops and oversees implementation ofDoD policy, strategy, and programs regarding those matters; provides guidance on all manned and unmanned intelligence, surveillance, and reconnaissance assets; and oversees processing, exploitation, and dissemination of information. Further, the USD(l&S) develops policy and provides oversight of training of personnel in Defense Intelligence, CI, and security components, and sends reports, or directs DoD Component reporting, to the DoD Senior Intelligence Oversight Official (SIOO) when made aware of questionable intelligence activities and significant or highly sensitive matters occurring in Defense Intelligence Components, in accordance with DoDM 5240.01, DoDD 5240.01 , DoDD 5148.13, and DoDD 5143.01.

Assistant Secretary ofDefense for Homeland Defense and Hemispheric A.flairs (ASD(HD&HA))

The ASD(HD&HA), under the authority, direction, and control of the USD(P), is the principal civilian advisor to the Secretary of Defense for the use ofDoD UAS in the United States. The ASD(HD&HA) coordinates and provides advice on any request for use ofDoD UAS

9 Policy should be established in accordance with the Antiterrorism (AT) Standards outlined in DoD Instruction 0- 2000.16, Volume I, " DoD Antiterrorism (AT) Program Implementation: DoD AT Standards," with Change 3, May 7, 202 1, or other applicable regulations.

10 DoD support to the U.S. Coast Guard should be consistent with the 2006 Memorandum of Agreement between the Department of Defense and the Department of Homeland Security, " Department of Defense Support to the United States Coast Guard for Maritime Homeland Security." Copies of this Memorandum of Agreement may be requested by contacting OASD(HD&HA), osd.pentagon.ousd-policy.list.civ il-support@mail.mil. See also DoDM 3025.01 Volume 2, " Defense Support of Civil Authorities: DoD Incident Response," with Change I , April 12, 2017.

11 DoDD 5 143.0 I, ·'Under Secretary of Defense for Intelligence and Security (USD(I&S))," with Change 2, April 6, 2020.

mailto:osd.pentagon.ousd-policy.list.civil-support@mail.mil in the United States submitted for approval by the Secretary of Defense. The ASD(HD&HA) will assist the USD(P) incorporate this policy memorandum into an appropriate DoD issuance and will conduct a comprehensive review of that issuance every three years, and propose modifications, as necessary. Revisions to that issuance will be coordinated in accordance with DoDI 5025.01.

Assistant Lo the Secretary ofDefense for Public Affairs (ATSD(PA))

The ATSD(PA) is responsible for coordinating public affairs inquiries with the Military Departments/Services, Joint Staff, Combatant Commands, and NGB and, as appropriate, consulting with State, tribal, and territorial government agencies and with other Federal departments and agencies. Additionally, to promote transparency, the A TSD(PA), in coordination with the ASD(HD&HA) and the Chairman of the Joint Chiefs of Staff, will develop and maintain a webpage summarizing DoD UAS operations in the United States, subject to appropriate operations security considerations, and incorporating, as appropriate, the annual reports by the Secretaries of the Military Departments.

Department ofDefense ChiefInformation Officer (DoD CJO)

The DoD CIO is the Principal Staff Assistant for infom1ation technology and is responsible for all matters relating to the DoD information enterprise, including communications;

spectrum management; network policy and standards; information systems; cybersecurity;

positioning, navigation, and timing (PNT) policy; and the DoD information enterprise that supports DoD command and control. 12 Access to and use ofPNT information are fundamental to the operation of UAS for all DoD missions and also to the potential harmful use ofUAS by others in the U.S. National Airspace System. As necessary, the DoD CIO will update guidance for PNT and NAVW AR.

Department ofDefense Inspector General (DoD JG)

The DoD IG will update, as necessary, guidance for use ofDoD UAS by Defense Criminal Investigative Organizations (DCIOs); however, such guidance will limit the uses of DoD UAS by DCIOs to those uses necessary for a DCIO mission; to operation in airspace delegated by the FAA for DoD use; and to use that is consistent with U.S. law, applicable U.S.

Government policy, and DoD policy. Other provisions of this policy memorandum, with the exception of the provision on DoD installation support in Attachment 2, do not apply to the DCIOs.

12 DoDD 5 144.02, " DoD Chief lnfonnation Officer (DoD CIO)," with Change I, September 19, 2017.

TAB 2

Attachment 2 - Use of DoD UAS in the United States Authorities Matrix1

UAS

Operation

UAS

Groups2

Approval Authority3

Delegation45 Applicable Guidance6

Amplification of Guidance

Counter- All As determined No For FT, CI, or -Only Defense intelligence by the Head of intelligence- Intelligence (Cl), Foreign the DoD related Components Inte lligence Intelligence activities: are authorized to (Fl), or Component E.O. 12333; conduct Inte lligence- concerned DoDD 5240.01 ; CI/FT activities.

Related DoDM 5240.01 ; -Inte lligence Activity DoDD 5240.02;

DoD 5240. l-R;

DoDD 5148.13;

&DoDD 5148.11

Oversight (IO) rules apply.

1 Always consult DoD directives, instructions, and regulations and DoD Component-and mission-specific guidance and w ith your servicing legal office.

2 Joint Publication (JP) 3-30, "Command and Control of Joint Air Operations," July 25, 20 19, as validated September 2021 , provides definitions for UA categories (Groups I -5) based on weight and performance characteristics. With the exception of the column for representative UAS, the Unmanned Aircraft Systems Categorization Chart from Figure 111-14, Chapter III , JP 3-30, is reproduced be low:

UAS Category Maximum Gross Takeoff Weight (lbs)

Normal Operating

Altitude (ft)

Speed (KlAS)

Group 1 0-20 < 1,200 AGL < 100 kts Group 2 2 1-55 < 3 500 AGL < 250 kts Group 3 < 1,320 < 18,000 MSL < 250 kts Group 4 > I 320 < 18,000 MSL Any Airspeed Group 5 > 1,320 > 18,000 MSL Any Airspeed

Legend

AGL - above ground level ft - feet KJAS - knots indicated airspeed kts - knots lbs - pounds MSL - mean sea level UAS - unmanned aircraft system

3 The ·'Approval Authority" is the designated official who authorizes units or organizations under his or her control to schedule and conduct the domestic UAS operation as specified in this table.

4 " Delegation" specifies whether the "Approval Authority" is authorized to delegate his or her authority, and to what level he or she is authorized to delegate that authority. Delegations made by approval authorities must be in writing, and should limit further re-delegation, as appropriate .

5 Implementing guidance by the applicable Secretary ofthe Military Department is required to be in place before any further delegation of authority is authorized.

6 DoDI 5400. 11 is applicable to all domestic use of DoD UAS.

Operation

UAS

Groups

Approval Authority

Delegation Applicable Guidance

Amplification of Guidance

Defense A ll Secretary of No DoDD For SAR and Support of Defense 3025.187; IAA, see separate Civil Standing entries below.

Authorities DSCA Execute (DSCA)- Order General (EXORD) DSCA - All Secretary of No 18 u.s.c. § Support of Defense 1385; 10 Civilian Law U.S.C. Chapter Enforcement 15; DoDD Agencies 3025.18; DoDI (LEAs) 3025.2 18; &

Do DI 5505. 179

DSCA-SAR All Commander, U.S. Yes; to DoDD Combatant involving lndo-Pacific Commander, 3025.18; DoDI Commanders may distress or Command Pacific Air 3003.01 ;10 approve use of potential loss (USINDOPACOM), Forces, Standing DoD UAS in the of life, and Commander, Commander, DSCA United States on including U.S. Northern 1st Air Force, EXORD; an Air Force support of Command or National Rescue U.S. Coast (USNORTHCOM), Commander, Search and Coordination Guard within their 11th Air Rescue Plan Center (AFRCC), Maritime respective areas of Force, within Alaska Rescue Search and responsibi I ity their Coordination Rescue (AORs) respective areas of responsibi lity;

no further delegation or re-delegation is authorized

Center (AKRCC), Joint Rescue Coordination Center (JRCC), or U.S. Coast Guard-coordinated mission with a properly issued SAR mission number.

DSCA- All Commander, Yes, to DoDD Incident USINDOPACOM, Service 3025.18;

Awareness and Commander, Component Standing and USNORTHCOM, Commander; DSCA Assessment within their no further EXORD (IAA) respective AORs delegation or re-delegation is authorized

7 DoDD 3025. 18, " Defense Support of Civil Authorities (DSCA)," with Change 2, March 19, 2018.

8 DoDI 3025.2 1, " Defense Support ofCivilian Law Enforcement Agencies," with Change 1, February 8, 2019.

9 DoDI 5505. 17, " Collection, Maintenance, Use, and Dissemination of Persona lly Identifiable Information and Law Enforcement lnfonn.ation by DoD Law Enforcement Activities," with Change I, ovember 29, 2016.

10 DoDI 3003.0 I, " DoD Support to Civil Search and Rescue (SAR)," with Change I, May 12, 2017.

UAS

Groups

Approval Authority

Delegation Applicable Guidance

Amplification of Guidance

Civil Air Groups I , Secretary of Yes, to DoDD Must have Patrol 2, and 3 the Air Force Commander, 3025.18; concurrence of DSCA-SAR Pacific Air Standing Commander, and DSCA Forces; DSCA USNORTHCOM, or IAA Commander, 1st

Air Force; or Commander, I I th Air Force within their respective AORs. No further delegation or re-delegation is authorized.

EXORD Commander, USINDOPACOM, within their respective AORs

State Use for All The State No 32 U.S.C. §710 Must meet the SAR or IAA Governor or

Adjutant General requirements established in Attachment I of this Guidance, including:

-Requested by the State Governor and not allocated for DoD purposes as detennined by the Secretary of the Military Department concerned.

-UAS intelligence component capability sensors are not used to target specific U.S.

persons without consent ( e.g., the use ofa VAS to monitor protestors would not be an appropriate use). - Use will be conducted in accordance with ([AW) FAA policies and DoD-FAA MOAs.

-National Guard personnel using or supporting the UAS operations are serving in a State active-duty status.

-States inform the NGB within 24 hours of initial use.

Training, Exercises, and Repositioning Operations Within Airspace Delegated by the FAA for DoD Use 11

A ll Unit commander IA W Service-specific directives

Yes, as determined by the Secretary of the Military Department concerned

DoD-FAA

MOU

-Includes repositioning operations and direct transit to and from the training and exercise airspace delegated by the FAA for DoD use.

Training and Exercises Exception:

Training and Exercises with Armed UAS outside Restricted and Warning Areas

All Secretary of Defense

No -DoD Component heads will submit appropriate requests to the ASD(HD&HA) at least 30 days prior to projected use.

11 " Airspace delegated by the FAA for DoD use" includes: Special Use Airspace delegated by the FAA for DoD use;

temporary Air Traffic Control Assigned Airspace Areas (ATCAA); airspace above land with express permission of the landowner or government-owned or -leased land as permitted by DoD-FAA MOU; U.S. National Airspace delegated by the FAA for DoD use to provide air traffic services, U.S. National Airspace under an approved FAA Certificate of Waiver or Authorization (COA); and airspace delegated by the FAA and coordinated with DoD for pem1anent, long-term, and short-term requirements. See also the DoD-F AA MOU referenced in footnote 4.

UAS

Groups

Approval Authority

Delegation Applicable Guidance

Amplification of Guidance

Training and All -Secretaries of the No DoDD -DoD training Exercises Military 1322.1812 only.

Exception: Departments for DoDI 3025.21 -DoD training for Planned Active and non- IAA or SAR only.

Training and National Guard - Training may not Exercises with Reserve training be approved for civilian LEAs and exercises

-The State Governor or Adjutant General for National Guard training and exercises the purpose of providing real-world assistance.

-Training that would violate 18 U.S.C. § 1385 (the Posse Com itatus Act), 10 U.S.C. § 275, or would otherwise involve direct participation in law enforcement activities is prohibited.

- Training involving civil disturbances requires Secretary of Defense aooroval.

Counter-Drug All Commander, No CJCSI 3710.0IB If delegated for (CD) USlNDOPACOM, CD Operational Operational and Commander, Support in DoDI Support us ORTHCOM, within their respective AORs

3000.14.13

12 DoDD 1322.18, "Military Training," October 3, 2019.

13 DoDI 3000.14, " DoD Counterdrug and Counter-Transnational Organized Crime Policy," August 28, 2020.

UAS

Groups

Approval Authority

Delegation Applicable Guidance

Amplification of Guidance

Force Groups 1, Commander, Yes, to unit DoDD 5200.27; -Local Protection 2, 3 USINDOPACOM, or DoDI 0 - commanders are (FP) and Commander, installation 2000.16-V2; respons ible for FP Maritime USNORTHCOM, commanders, CJCSI within DoD Force Commander, U.S. ship 3121.018; installations and Protection Strategic commanding Military are authorized to Unit Escort Command, or officers, and Department use assets under Operations Secretaries of the

Military Departments for their respective FP responsibilities.

No further delegation or re-delegation is authorized below unit or installation commanders, ship commanding officers, and submarine commanding officers.

submarine commanding officers IA W Service-specific directives and in consultation with the Military Departments -U.S.

Strategic Command also consults with the appropriate Combatant Commander.

Guidance; U.S.

avy-U.S . Coast

Guard MOA on In-Transit Escort the ir control within installat ion boundaries when DoDD 5200.27 criteria are met.

-Includes U.S.

Navy and U.S.

Coast Guard requests for UAS support in connection with Maritime Force Protection Unit escort operations when airspace is delegated by the FAA for DoD use, including airspace with the approval of the landowner when required by the DoD-FAA MOU.

-For FP, follow USD(P)-issued policy for domestic use of U AS for force protection.

UAS

Groups

Approval Authoritv

Delegation Applicable Guidance

Amplification of Guidance

Research, Development, Test, and Evaluation

(RDT&E)

Within Airspace Delegated by the FAA for DoD Use

All Un it commander IA W Service-specific directives

Yes, as detennined by Secretaries of the Military Departments

DoDI 3200.1814 Includes direct transits to and from the ROT &E airspace delegated by the FAA for DoD use.

Public Affairs Groups 1, Secretaries of Yes; down to Support 2, 3 the Military a unit or Within Departments installation Airspace commander.

Delegated by No further the FAA for delegation or DoD Use re-delegation is authorized DoD Groups 1, Secretaries of Yes; down to Includes surveys, Installation 2, 3 the Military installation inspections, ' Support Departments commander. repositioning Within No further operations, DCIO Airspace delegation or crime scene Delegated by re-delegation survei llance the FAA for is authorized. ( consistent with DoD Use DoD IG guidance), and capability demonstrations in restricted airspace;

and other installation support as specified in the implementation guidance by the Secretaries of the Military Departments.

14 DoDI 3200.18, "Management and Operation of the Major Range and Test Facility Base (MRTFB)," with Change 2, October 15, 20 I 8.

UAS

Groups

Approval Authority

Delegation Applicable Guidance

Amplification of Guidance

Other Groups I, Secretaries of Yes; down to -Includes missions Authorized 2, 3 the Military O-6-level executed under Missions Departments unit or Tmmediate Within installation Response Authority Airspace commander. (IRA) IA W DoDD Delegated by No further 3025.18.

the FAA for delegation or -Includes surveys, DoD Use re-delegation is authorized.

inspections, map generation, construction and environmental site monitoring; and research and other mission support as specified in the implementation guidance by the Secretaries of the Military Departments.

-Includes DoD UAS use for DoD-approved DSCA missions (e.g., U.S.

Army Corps of Engineers DoD UAS use in hurricane response and recovery operations).