# Secretary Of Defense 1000 Defense Pentagon Washington , Dc 20301 - 1000

AUG 1 8 2018
MEMORANDUM FOR CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF
DEFENSE
SECRETARIES OF THE MILITARY DEPARTMENTS
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
UNDER SECRET ARIES OF DEFENSE
CHIEF OF THE NATIONAL GUARD BUREAU
COMMANDERS OF THE COMBATANT COMMANDS
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE
CHIEF INFORMATION OFFICER OF THE DEPARTMENT
OF DEFENSE
ASSISTANT SECRETARY OF DEFENSE FOR LEGISLATIVE
AFFAIRS
ASSISTANT TO THE SECRETARY OF DEFENSE FOR PUBLIC
AFFAIRS
DIRECTORS OF THE DEFENSE AGENCIES
DIRECTORS OF THE DOD FIELD ACTIVITIES
SENIOR INTELLIGENCE OVERSIGHT OFFICER

## Subject: Guidance For The Domestic Use Of Unmanned Aircraft Systems In U.S. National Airspace

This policy memorandum provides guidance for the domestic1 use of Department of Defense (DoD) unmanned aircraft systems (UAS) in U.S. National Airspace to ensure that such use is in accordance with U.S. law and DoD policy. Policy Memorandum 15-002, "Guidance for the Domestic Use of Unmanned Aircraft Systems," February 17, 2015 is hereby rescinded .

. This guidance implements measures identified in DoD's efficiency and effectiveness review of domestic use of DoD UAS. The revisions in this memorandum streamline the approval process for domestic use. Changes are as follows:

(1) Delegating authority to approve the domestic employment of smaller U AS2 to the
Secretaries of the Military Departments;
(2) Authorizing the Geographic Combatant Commanders to approve the domestic use
of smaller UAS in support of Force Protection and Defense Support of Civil
Authorities Incident Awareness and Assessment, and;
(3) Authorizing State Governors to approve State National Guard use of smaller UAS
possession ofthe United States, and the territorial sea and internal waters of the United States.

:i1;:;:~*:::::~~;***~r:;~~i:~:;**;:~~~~ i:E!~::;i;;;ides definitions fo, T'TT,rri1-rrI
for domestic operations in support of State and local civil authorities for Search and Rescue and Incident Awareness and Assessment.

This guidance also makes additional changes intended to enhance the effectiveness of the domestic use of DoD UAS including, for example, authorizing Unit Commanders, in accordance with Service-specific directives, the authority to approve domestic training, exercises, and repositioning operations for all DoD UAS.

This guidance applies to all use of DoD UAS in U.S. National Airspace (hereafter
"domestic use" or "domestic operations") procured or purchased using DoD funds, or operated by DoD personnel or National Guard (NG) personnel (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 Groups3 and includes commercial off-the-shelfUAS procured or contracted by DoD4
and UAS procured, purchased, or contracted by sources other than DoD when operated in support ofDoD missions and activities (e.g., UAS procured with State funds when used by National Guard personnel in a title 10 or title 32 status).

DoD Components will comply with all applicable laws and regulations in the planning and execution of domestic UAS operations as directed in Enclosure 1, and will adhere to the authorities and guidance as specified in Enclosure 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. For more information, contact the Office ofthe Assistant Secretary of Defense for Homeland Defense and Global Security at (703) 697-5774.

Attachments: As stated

## Enclosure 1 - Domestic Use Of Dod Uas Domestic Uas Operations

All domestic use ofDoD UAS will be conducted in accordance with Federal Aviation Administration (FAA) policies, regulations, and memoranda ofagreement (MOA) concerning UAS operations in U.S. National Airspace,5 unless otherwise permitted by law or agreement.

UAS may be used in lieu ofmanned aircraft for domestic missions under appropriate circumstances, including, for example, where: (1) 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 of manned rotary- or fixed-wing aircraft.

DoD or contractor personnel operating DoD or DoD-contracted UAS in U.S.

National Airspace, whether or not the domestic use is related to an intelligence activity, will comply with all law, regulations, and guidance related to privacy and civil liberties. 6 Further, all DoD UAS conducting counterintelligence (CI), foreign intelligence, or other intelligence
related activities will be in accordance with DoD Component intelligence oversight guidance. 7
Approval authorities and guidance for domestic use of DoD UAS are specified in Enclosure 2. Any proposed domestic use ofUAS not specifically delineated in Enclosure 2
requires Secretary of Defense approval. For domestic use requiring Secretary of Defense approval, the Under Secretary of Defense for Policy, in coordination with the Chairman ofthe Joint Chiefs of Staff, the appropriate Combatant Commander or Commanders, the Under Secretary of Defense for Intelligence, and the General Counsel will provide a recommendation to the Secretary of Defense concerning the domestic use ofDoD UAS. DoD Component heads will submit appropriate requests to the Assistant Secretary of Defense for Homeland Defense and Global Security (HD&GS) at least 30 days prior to projected use. DoD Component heads seeking verbal approval by the Secretary of Defense for domestic use ofDoD UAS in urgent, time-critical situations to protect life or property not addressed in Enclosure 2 should contact DoD UAS personnel in HD&GS at (571) 256-8330, or (703) 697-5774.8 Domestic use ofUAS
in support ofcivil 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.

For UAS domestic operations conducted by contractors in support ofDoD activities, where such services are provided outside of airspace delegated by the FAA for DoD use, the contracted user has the responsibility to comply with applicable FAA regulations, and to operate consistent with Federal, State, and local law.

The safeguard and employment of positioning, navigation, and timing (PNT) capabilities in UAS are integral to UAS domestic operations in the U.S. National Airspace System where Navigation Warfare (Navwar) conditions exist.9 The protection ofDoD UAS, and their systems and sensors, in light ofthe potential Navwar threats to PNT signals affecting DoD UAS domestic operations, must be considered by all DoD Components operating DoD UAS in U.S. National Airspace. DoD Components operating DoD UAS will fully consider the Navwar environment, including the protection of DoD UAS domestic operations, as well as potential threats to PNT
signals affecting DoD UAS domestic operations, and will comply with all appropriate Navwar guidance. 10

## Privacy And Civil Liberties Requirements

In order to ensure accountability and promote transparency in the protection ofprivacy, and to ensure conformance with law, regulations, and guidance related to privacy and civil liberties, all DoD Components will report all domestic UAS operations within existing administrative and operational reporting standards. The Secretaries ofthe Military Departments, commencing with a fiscal year 2018 report as of October 1, 2018, will submit annual reports to the Secretary of Defense, through the Under Secretary ofDefense for Policy, the Under Secretary of Defense for Intelligence, and the Senior Intelligence Oversight Official, by November 1, summarizing UAS domestic operations *(excluding* training, exercises, repositioning, research, development, testing, and evaluation) during the previous fiscal year, including a brief description ofthe 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.

## State Use O{Dod Vas By State National Guard Personnel

Governors may authorize State National Guard units to use DoD Category 1 through 3
UAS issued to such units for State purposes if: (1) such DoD UAS are not allocated at the time for DoD purposes (as determined by the Secretary ofthe 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),11 including IAA conducted by the National Guard for State purposes in support of an incident or disaster response; (3) UAS intelligence component 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 ofa UAS to monitor protestors would not be an appropriate use); (4) use will be conducted in accordance with FAA policies, regulations, and MOAs concerning DoD UAS operations in 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 National Guard Bureau within 24 hours ofinitial UAS use.

The Chief ofthe National Guard Bureau may promulgate procedures, in coordination with the Secretaries ofthe Military Departments, consistent with the authorities provided in Enclosure 2, for State requests to the Secretary of Defense for DoD UAS use for other purposes.

Any such procedures or guidance will include a requirement, consistent with the fourth paragraph ofthis Enclosure, that requests for DoD UAS use for other purposes be submitted to the Assistant Secretary of Defense for Homeland Defense and Global Security (HD&GS). Ifa DoD UAS is lost, destroyed, or damaged when being used for these or other State purposes, the provisions ohitle 32 U.S.C.  710 (accountability for property issued to the National Guard)
apply.

Ifthe DoD UAS is an Intelligence Component capability or asset, all DoD and National Guard Intelligence Oversight policy, including coordination and review ofa Proper Use Memorandum with the National Guard Bureau, will be followed.

## Responsibilities Secretaries Ofthe Military Departments

The Secretaries of the Military Departments will develop and issue Military Department
specific implementation guidance within 180 days.

Military Department-specific implementation guidance will 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 of effective oversight; specify procedures to request (including specification of where to submit requests) and approve domestic UAS use; 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. Military Department-specific implementation guidance will be provided to the Under Secretary of Defense for Policy and the Under Secretary ofDefense for Intelligence, and will be in effect before any delegation of authorities is executed as authorized in Enclosure 2. Ifnot previously granted prior to the issuance ofthis policy, Secretary of Defense approval is required for domestic UAS use delegated to the Secretaries of the Military Departments, until Military Department-specific implementation guidance is implemented.

Under Secretary ofDefense for Policy (USD(P))
The USD(P) is authorized to establish the appropriate policy for domestic use of UAS for force protection and protection ofother DoD assets. 12
The USD(P) will issue guidance and determine approval authorities for domestic DoD
UAS support to the U.S. Coast Guard not specified in Enclosure 2. 13

## Under Secretary Ofdefense For Intelligence (Usd(I))

The USD(I) is the Principal Staff Assistant and advisor to the Secretary of Defense and Deputy Secretary of Defense regarding intelligence, CI, security, sensitive activities, and other intelligence-related activities, and serves as the senior defense intelligence, CI, and security official below the Secretary of Defense and Deputy Secretary of Defense. 14 As it pertains to domestic use ofUAS, the USD(I) develops and oversees implementation ofDoD policy, strategy, programs; provides guidance on all intelligence, surveillance, and reconnaissance manned and unmanned assets; and oversees processing, exploitation, and dissemination of information.

Further, the USD(I) develops policy and provides oversight of training of personnel in Defense Intelligence activities and reports to the DoD Senior Intelligence Oversight Officer when made aware ofquestionable activities and significant or highly sensitive matters occurring in the Defense Intelligence Components in accordance with DoD 5240.1-R.

## Assistant Secretary Ofdefense For Homeland Defense And Global Security (Asd(Hd&Gs))

The ASD(HD&GS), under the authority, direction, and control of the USD(P), is the principal civilian advisor to the Secretary of Defense for the domestic use of DoD UAS and coordinates and provides advice on any requests for domestic use ofUAS intended for submission to the Secretary of Defense. The ASD(HD&GS) will conduct a comprehensive review of this policy every three years, and propose modifications, as necessary. All such policy development will be coordinated with the Chairman of the Joint Chiefs of Staff, the USD(I), the DoD General Counsel, the DoD Chief Management Officer, and the heads of other DoD Components, as appropriate.

## Assistant To The Secretary Ofdefense For Public Affairs (Atsd(Pa))

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

## Department Ofdefense Chiefinformation Officer (Dod Cjo)

The DoD CIO is the Principal Staff Assistant for positioning, navigation, and timing
(PNT) policy for DoD.15 Access to and use of PNT information are fundamental to the operation ofUAS for all DoD missions and also to the potential harmful use ofUAS by others in the U.S. National Airspace System. The DoD CIO will issue guidance for PNT and Navigation Warfare.

## Department Ofdefense Inspector General (Dod Jg)

The DoD IG will issue guidance for use ofUAS by Defense Criminal Investigative Organizations (DCIOs); however, such guidance must limit domestic use ofUAS by DCIOs to use that is 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 ofthis policy, with the exception ofthe provision on DoD
Installation Support in Enclosure 2, do not apply to the DCIOs.

## Enclosure 2 - Dod Domestic Use Of Uas Authorities Matrix16

Delegation19
20
Amplification of
Guidance
Applicable
Guidance21
Approval Authority18
Domestic UAS
Operations
UAS
Groups
17
Counter-
All
As determined
No
For Fl/CI:
- Only Defense
intelligence (CI)
by the head of
EO 12333;
Intelligence Components
or Foreign
the DoD
DoDD 5240.01;
are authorized to conduct
Intelligence (Fl)
Intelligence
DoDM 5240.01;
Cl/FI.
or Intelligence-
Component
DoD 5240.1-R
- Intelligence Oversight
Related
concerned
For Intelligence-
(IO) rules apply.
Activities
Related
Activities:
DoDD 5148.13;
DoDD 5148.11
Defense
All
SecDef
No
DoDD
For Search and Rescue
Support of Civil
3025.18;22
and Incident Awareness
Authorities
Standing DSCA
and Assessment, see
(DSCA)-
EXORD
separate entries below.
General
DSCA-
All
SecDef
No
18 u.s.c.
Support of
1385;
Civilian Law
10 U.S.C. Ch.
Enforcement
15;
Agencies
DoDD 3025.18;
(LEAs)
DoDI 3025.21;23
DoDI 5505.1724
Speed (KIAS)

16 Always consult DoD directives, instructions, and regulations and DoD Component- and mission-specific guidance and with your servicing legal office.

17 Joint Publication **(JP)** 3-30 (Command and Control of Joint Air Operations, February 10, 2014, as amended)
provides definitions for UA categories (Groups 1 - 5) based on weight and performance characteristics. With the exception of the column for representative UAS, the Unmanned Aircraft Systems Categorization Chart from Figure III-15,ChapterIII JP3-30.

d db 1
, 1s repro uce eow:
'
UA
Category

Maximum Gross
Takeoff Weight (lbs.)
Normal Operating
Altitude (feet)
Group 1
0-20
< 1200AGL
100 knots
Group2
21-55
<3500AGL
< 250 knots
Group 3
< 1320
< 18,000 MSL
< 250 knots
Group 4
> 1320
Any Airspeed
Group 5
> 1320
> 18,000 MSL
Any Airspeed
Legend: AGL - above ground level; MSL - mean sea level;
KIAS - knots indicated airspeed

to schedule and conduct the domestic UAS operation as specified in this table.

what level he or she is authorized to delegate their authority.

any further delegation of authority is authorized.

Delegation
Applicable
Guidance
Approval Authority
VAS
Groups
Domestic UAS
Operations
DSCA - Search
All
Geographic
No
DoDD 3025.18;
- GCCs may approve
and Rescue
Combatant
DoDI 3003.01;25
domestic use of DoD
(SAR) involving
Commander
Standing DSCA
UAS on an Air Force
distress or
(GCC)
EXORD;
Rescue Coordination
potential loss of
National Search
Center (AFRCC)/Alaska
life, including
and Rescue Plan
Rescue Coordination
support of U.S.
Center (AKRCC)/Joint
Coast Guard
Rescue Coordination
Maritime
Center (JRCC) -
Search and
Pacific/U.S. Coast Guard
Rescue
coordinated mission with
a properly issued SAR
mission number.
Groups
1, 2, 3
Geographic Combatant Commander
No
DoDD 3025.18;
Standing DSCA
EXORD
DSCA-
Incident
Awareness and Assessment
(IAA)
State Use for
Groups
The State
No
DoDD 3025.18;
Must meet all the
SARorIAA
1, 2, 3
Governor or
Adjutant General
Amplification of
Guidance
requirements below:
Standing DSCA
EXORD
- When requested by the
State Governor and not
allocated for DoD
purposes as determined
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 UAS to
monitor protestors would
not be an appropriate
use).
- Use will be conducted
in accordance with
(IA W) FAA policies and
DoD-F AA MOA.
- National Guard
personnel using or
supporting the UAS
operations are serving in
a State active-duty
status.
- States inform the
National Guard Bureau
within 24 hours of initial
use.
Delegation
Applicable
Guidance
UAS
Groups
Approval
Authority
Domestic UAS
Operations
All
Unit commander
IA W Servicespecific
directives
Yes; as
determined
by the
Secretary of
the Military
Department
concerned
Training,
Exercises, and
Repositioning
Operations
Within Airspace
Delegated by
the FAA for
DoD Use26
All
SecDef
No
- DoD Component heads
will submit appropriate
requests to the ASD
(HD&GS) at least 30
days prior to projected
use.
Training and
Exercises Exceptions:
- Training and
Exercises with
Armed UAS
outside
Restricted and
Warning Areas
- Training ICW
civilian LEAs
All
Geographic Combatant Commander
(GCC)
No
CJCSI 3710.0IB
- If delegated by SecDef
for CD Operational
Support in CJCS
Instruction 3710.0IB.
Counter-Drug
(CD)
Operational
Suooort
Groups
1, 2, 3
Commander,
USNORTHCOM,
USPACOM, or
USSTRATCOM
Force
Protection (FP)
and Maritime
Force
Protection Unit
Escort
Operations
Yes; to
installation
commanders
IAW
Servicespecific
directives
and in
consultation
with the
Military
Departments
USSTRATC
OM also
consults
with the
appropriate GCC.
Amplification of
Guidance
DoD-FAAMOA
- Includes repositioning
operations and direct
transit to and from the
training and exercise
airspace delegated by the
FAA for DoD use.
PM 16-003;
PM 17-00X;
CJCSI
3121.0IB; CJCS
Notice 3124;
Military
Department
Guidance;
USN-U.S.C.G
MOA on In-
Transit Escort
- Local commanders are
responsible for FP within
DoD installations and
are authorized to use assets under their control
within installation
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.
- For FP, follow
USD(P)-issued policy
for domestic use ofUAS
for force protection.
VAS
Groups
Approval Authority
Delegation
Applicable
Guidance
Domestic UAS
Operations
Yes; as
determined by
Secretaries of
the Military
Departments
All
Unit
commander
IA W Servicespecific
directives
Research,
Development,
Test, and
Evaluation
(RDT&E)
Within Airspace
Delegated by the
FAA forDoD
Use
Groups
1, 2, 3
Secretaries of
the Military
Departments
Yes; down to
unit or
installation
commander
Public Affairs
Support Within
Airspace
Delegated by the
FAA forDoD
Use
Groups
1, 2, 3
Secretaries of
the Military
Departments
Yes; down to
installation
commander
DoD Installation
Support Within
Airspace
Delegated by the
FAA for DoD
Use
Groups
1, 2, 3
Secretaries of
the Military
Departments
Yes; down to
0-6 level
installation or
0-6 level unit
commander
Other
Authorized
Missions Within
Airspace
Delegated by the
FAA forDoD
Use
Amplification of
Guidance
DoDI
3200.1827
- Includes direct transits
to and from the RDT &E
airspace delegated by the
FAA for DoD use.
- Includes surveys,
inspections, repositioning
operations, DCIO crime
scene surveillance
( consistent with DoD IG
guidance), and capability
demonstrations in
restricted airspace; and
other installation support
as specified in the
implementation guidance
by the Secretaries ofthe
Military Departments.
- Includes missions
executed under
Immediate Response
Authority (IRA) IAW
DoDD 3025.18.
- Includes surveys,
inspections, map
generation, construction
and environmental site
monitoring; and research
and other mission support as specified in the
implementation guidance
by the Secretaries ofthe
Military Departments.
- Includes DoD UAS use
for approved DSCA
missions (e.g., U.S. Army
Corps of Engineers DoD
UAS use in hurricane
response and recovery
operations).