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Drones and Urban Air Mobility
in the President's Budget
Jennifer L. Richter and Mark Aitken*

This article highlights some of the proposed financial resources that the
Department of Transportation, the FederalAviation Administration, and
the National Aeronautics and Space Administration are askingfor to help
them move alongintegrationof unmanned aircraftsystems into the National
Airspace System and help make urban air mobility a reality.

President Trump recently released his federal budget proposal

for fiscal year ("FY") 2020. The President's budget is always a helpful
tool to identify what the administration's policy priorities are and
what we might expect to see finalized through the congressional
appropriations process.
Digging into some of those documents, this article highlights
some of the proposed financial resources that the Department of
Transportation ("DOT"), the Federal Aviation Administration
("FAX'), and the National Aeronautics and Space Administration
("NASA") are asking for to help them move along integration of
unmanned aircraft systems ("UAS") into the National Airspace Sys-
tem ("NAS") and help make urban air mobility ("UAM") a reality.
Specific programs and initiatives include development of a UAS
Traffic Management system, research on UAS threats to aviation
safety, and UAM demonstrations.
For a deeper dive into some UAS and UAM specifics, following
are some excerpts from the DOT, FAA, and NASA FY 2020 budget
documents.

U.S. DOT Budget Highlights 2020 Innovation

Unmanned Aircraft Systems Integration Pilot Program

The DOT has established an Unmanned Aircraft Systems Inte-

gration Pilot Program ("UAS IPP") with 10 local governments and
private partners to gather data for safely advancing beyond-line-
of-sight operations over people and package deliveries in selected

Robotics, Artificial Intelligence & Law / September-October 2019, Vol. 2, No. 5, pp. 357-366.
0 2019 Full Court Press. All rights reserved.
ISSN 2575-5633 (print)/ISSN 2575-5617 (online)
358 The Journalof Robotics, Artificial Intelligence & Law [ 2:357

jurisdictions and to determine future "rules of the road" for time,

place, and manner of drone operations. The Secretary of Transpor-
tation announced the selection of 10 state, local, and tribal govern-
ments as participants in the UAS IPP. First announced last October,
this White House initiative partners the FAA with local, state, and
tribal governments, which then partner with private industry to
safely explore the further integration of drone operations.

Low Altiude Author zat on and Not fcat on

Capab iy
The FAA collaborated with industry to deploy an automated
system known as Low Altitude Authorization and Notification
Capability, or "LAANC," which is used to process airspace authori-
zations for small UAS operators nationwide. LAANC was deployed
at nearly 300 air traffic control facilities covering approximately
500 airports. As of October 1, 2018, more than 35,000 authoriza-
tions have been granted in controlled airspace using this capability.

Um nned Aircraf ytm

UAS technology represents the fastest-growing sector in
aviation today. UAS, more commonly referred to as "drones," are
being used every day to inspect infrastructure, provide emer-
gency response support, survey agriculture, and go places that are
otherwise dangerous for people or other vehicles. Entrepreneurs
around the world are exploring innovative ways to use drones in
their commercial activities. As a result, the FAA must develop the
most efficient, effective, and safe ways to integrate UAS into the
NAS. This goal must also include a robust security framework to
support the full integration of this technology into our aviation
system.
The FY 2020 President's Budget request includes $202.6 mil-
lion for:

The Unmanned Air Traffic Management System, which will

pair with the traditional Air Traffic Management System;
* Remote Identification of UAS, which will provide more
accurate and critical data about who is flying where and
their intentions;
2019] Drones and Urban Air Mobility in the President'sBudget 359

Funding for staff to review and approve applications, main-

tain the IT system, and pursue continued development of
safety standards;
Training and outreach activities;
Research on UAS technologies that directly impact safety
of the NAS and that will cover UAS-specific technical
issues, such as integrations of UAS-NextGen systems,
detect-and-avoid systems, and communications with air
traffic control; and
Research data that will generate technical information for
the development of policies and guidance materials and
provide risk and threat analysis to support FAA decision
making on emerging UAS threats to aviation safety.

FA Operatons
Unm anned Aircraf Systems
To safely integrate UAS into our nation's busy airspace,
$63.1 million, an increase of $12 million, is requested. This effort
spans offices across the agency, including:

The Air Traffic Organization;

Aviation Safety, Security, and Hazardous Materials Safety;
Communications; and
Policy, International Affairs, and Environment.

FA Facd i s nd Euprnent
Unmanned Ak raf Systems: Traffic Mana ement
To help develop an Unmanned Traffic Management system, a
separate but complementary system to the Air Traffic Management
system, $130.8 million is requested. This investment will include
development of technology to track approved UAS flight plans,
development of technology to distinguish UAS operators with
approved flight plans from those that do not, evaluation of technol-
ogy that will support smart collection and dissemination of data
to Unmanned Traffic System service providers, and cybersecurity
and data integrity work for UAS networks.
360 The Journalof Robotics, Artificial Intelligence & Law [ 2:357

Unmanned Arcraf Systems: Safety and Reu atIon

To study safety implications of new UAS operational concepts

and technologies, and to support the development of new, and
modification of existing, regulatory standards, $7.5 million is
requested. This UAS research will focus on the areas of control and
communications, training devices, and detection-and-avoidance
technologies.

NASA F sca~Year 2020 Mison Fact Sheets

Aeronaut cs
Airspace Operation s and Safety Pro gram-$121.2 Million
The Airspace Operations and Safety Program ("AOSP") works
in close partnership with the FAA and the aviation community
to enable modernization and transformation of the NAS to meet
evolving user needs. The program is on the leading edge of research
into increasingly autonomous aviation systems, including innova-
tion in the management of UAS traffic at low altitude and other
novel aviation vehicles. The program is also pioneering the real-
time integration and analysis of data to support systemwide safety
assurance. In FY 2020, AOSP will:

Complete a series of air traffic management demonstra-

tions with the FAA, airlines, and airports that validate new
capabilities that improve airport operating efficiency and
complete the UAS Traffic Management Project to enable
safe operations of small UAS at low altitude.
Start a new Advanced Air Mobility project to enable the
emergence of UAM beginning with a series of demonstra-
tions that will assess the maturity of key technologies.

Safety, Security, and aison Servicos

Safety and Mission Suce ss-$192 Million
Agency Management and Operations fund the management
and oversight of agency programs and functions, and performance
of NASA-wide mission support activities, including the following:
2019] Drones and Urban Air Mobility in the President'sBudget 361

Safety and Mission Success activities help reduce the

risk and loss of life and/or mission in our manned and
unmanned programs. The activities include engineering,
safety and mission assurance, independent health and
medical oversight, and independent software verification
and validation.

This budget serves as a positive indicator that decision makers

within the administration remain committed to advancing UAS
integration and understand the need to help facilitate the revolution
of UAM. Of course, the challenge of working the appropriations
process through a two-party majority in Congress to line up with
the President's request is another matter unto itself. With that said,
hopes remain high that there will be bipartisan support around
UAS and UAM issues and on giving the departments and agencies
the financial resources that they need to support this aviation and
high-tech innovation.

Federa A aton Admiitrton Budget

Esh ate F~ca~ Year 2020

The budget request includes almost $21 million for targeted

investments that will improve the FAA's ability to respond to indus-
try innovation. This total includes $1.6 million for a new Office of
Innovation that will quickly bring new viable innovations from the
aviation industry into full operation in our national airspace system.
The office will examine the impact of new technologies developed
by industry on our national airspace, assess their likely benefits,
and develop methods for safely integrating these technologies into
existing operations. The Office of Innovation will also provide
leadership to engage with industry and to facilitate collaboration
among FAA lines of business.
The total request for innovative investments also includes an
increase of $12 million for activities across the agency to safely
integrate UAS into our national airspace, as well as an increase
of $2 million for efforts to speed the processing of licenses and
approvals, streamline regulatory requirements for commercial
space activities, and keep pace with industry demands for products
and services.
362 The Journalof Robotics, Artificial Intelligence & Law [ 2:357

The integration of both UAS and commercial space into the

national airspace is also reflected in the Facilities & Equipment
("F&E") budget request. For UAS, $126.8 million is included to
help develop a UAS Traffic Management system, a separate but
complementary system to the Air Traffic Management system. This
investment will include the evaluation of technology to track both
cooperative and non-cooperative targets, the evaluation of technol-
ogy that will support smart collection and dissemination of data
to Unmanned Traffic System service providers, and cybersecurity
and data integrity work for UAS networks. For commercial space,
$33.0 million is requested to allow the FAA to automate launch
and reentry operations that are currently manual in nature, time
consuming, and require vast sections of commercial airspace to be
closed off. An automated system will safely reduce the amount of
airspace that must be closed to other users, and build the founda-
tion for integrating commercial space operations into the national
airspace.

The budget request includes a total of $86.8 million for research

in essential safety areas, including $6 million to investigate improve-
ments for the safe integration of commercial space operations into
the national airspace, and another $7.5 million for safety research
related to UAS. The UAS funding will be used to study the safety
implications of new UAS operational concepts and technologies,
and to support the new regulatory standards. The UAS research
will focus on the areas of control and communications, training
devices, and detection and avoidance technologies. Other safety-
related research areas include advanced materials, aircraft icing,
continued airworthiness, and information security.

The budget request includes $33.2 million for the Airport

Technology Research program to support the safe and efficient
integration of new and innovative technologies into the airport
environment. Examples of research areas include new airfield
2019] Drones and Urban Air Mobility in the President'sBudget 363

lighting using LED technology, ways to reduce or eliminate harmful

chemicals in firefighting agents, safe UAS operations at airports,
runway condition monitoring using radar, new pavement materi-
als to make airport pavements last longer, and wireless sensors to
monitor pavement health. The budget also includes $15 million for
the Airport Cooperative Research program. The FAA provides over-
sight and expertise for projects in areas such as commercial space
noise measurements, UAS operation at airports, safe construction
practices, and emergency communications models.
The budget also includes $15 million for the Airport Coopera-
tive Research program. The FAA provides oversight and expertise
for projects in areas such as commercial space noise measurements,
UAS operation at airports, safe construction practices, and emer-
gency communications models.

The Office of Unmanned Aircraft Systems Integration ("AUS")

is responsible for facilitating the safe, efficient, and timely inte-
gration of UAS into the NAS. The AUS manages and coordinates
international activities for UAS within the FAA, aligning UAS
international activities with foreign civil aviation authorities. Its
functions include:

Facilitating development of operating concepts, policies,

requirements, criteria, and procedures for new system
evaluations, integration, and implementation of emerging
UAS technologies;
Overseeing all FAA UAS research and development
initiatives;
Managing special programs, including UAS Pathfinder and
Airport Detection initiatives, UAS exemption program,
UAS Test Site oversight, and rule-making efforts;
Facilitating the development and implementation of the
FAA's UAS Strategic Plan; and
Advancing education and outreach to UAS stakeholders
and the public to enhance operational safety and public
awareness.
364 The Journalof Robotics, Artificial Intelligence & Law [ 2:357

In FY 2018, the AUS stood up the UAS IPP creating an oppor-

tunity for state, local, and tribal governments to partner with
private sector entities, such as UAS operators or manufacturers, to
accelerate safe UAS integration. The program will help the DOT
and FAA craft new enabling rules by:

Identifying ways to balance local and national interests

related to UAS integration;
Improving communication with local, state, and tribal
jurisdictions;
Addressing security and privacy risks; and
Accelerating the approval of operations that currently
require special authorizations.

Proga norease for UAS

Aviation Safety is requesting $4.15 million to support the con-
tinued state, local, and tribal projects through IPP, and the projected
increase in Partnerships for Integration Program, formerly Part-
nerships for Safety Plan applicants. This increase will also support
the rule-making activities needed to enable UAS integration into
the NAS, to assist in rule-making, and to expedite the processing
of requests from industry. This will ensure that the FAA is able to
meet the demand in this rapidly growing and changing industry
as new information is gained and new operations are authorized.

Opeatons-Security and Haardous Materal

Progam norease for Unmanned Aircraft

Sysem-3.0 M mon

Security and Hazardous Materials Safety is requesting $3.0 mil-

lion to build a robust security framework that supports full inte-
gration of UAS into the NAS and address the transportation of
hazardous materials by UAS. This increase is required to coordinate
and manage UAS intelligence and security activities, and activities
necessary to integrate commercial delivery of hazardous materials
and cargo by UASs into the NAS. This is a new mission and will be
2019] Drones and Urban Air Mobility in the President'sBudget 365

focused on the security and safety challenges posed by the integra-

tion of UAS into the NAS.
A staff will be established to support counter-UAS activities
across the whole of government. These activities include new rule-
making within the FAA, monitoring intelligence activities overseas,
close coordination with interagency partners to develop national
policies and site-specific procedures for counter-UAS activities,
development of standards for use of counter-UAS systems in the
NAS, and numerous outreach and educational presentations across
the nation. Estimates include office space and related costs and
travel (conferences, military installations, UAS test activities, site
visits to IPP locations, etc.).

The Office of the Chief Counsel is requesting $500,000 for

UAS personnel expenses. This funding would allow the office to
handle the additional influx of UAS administrative enforcement
cases stemming from new authorities contained in the FAAs 2018
Reauthorization. Additional staff will enable the FAA to coordi-
nate with the Department of Transportation Inspector General,
Department of Justice, and local Assistant U.S. Attorney Offices on
criminal enforcement cases. It will also allow better coordination
with local and state agencies to address possible illegal operations
and increase public and industry awareness of our Regulations and
Enforcement Practices.
The Office of Policy, International Affairs, and Environment
is requesting $750,000 to meet the increased demand for new
rule-making, regulatory analysis and research, the completion of a
full-scale production UAS survey, continued enhancement of UAS
trend forecast through development of a UAS National forecast,
and the implementation of the Presidential Memorandum regard-
ing the UAS IPP.

* Jennifer L. Richter (jrichter@akingump.com) is a partner at Akin

Gump Strauss Hauer & Feld LLP, representing technology and communica-
366 The Journalof Robotics, Artificial Intelligence & Law [2:357

tions companies and investors. Mark Aitken was a senior policy advisor at
Akin Gump.
1. For more details and the broader DOT, FAA, and NASA FY 2020 bud-
get requests, see the complete documents here: U.S. DOT Budget Highlights
2020 (https://www.transportation.gov/sites/dot.gov/files/docs/mission/bud
get/333126/budgethighlightsO3O719final518pm25082.pdf); NASA FY 2020
Mission Fact Sheets (https://www.nasa.gov/sites/default/files/atoms/files/
fy2020_missionfactsheets.pdf); Federal Aviation Administration Budget
Estimates Fiscal Year 2020 (https://www.transportation.gov/sites/dot.gov/
files/docs/mission/budget/334316/faa-fy-2020-cj-final5O8-compliant.pdf).