[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1410 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1410
To further the development of unmanned aircraft system technology
through investing in additional research, building a trained workforce,
and establishing working groups to address near-term and long-term
challenges, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2017
Mr. Warner (for himself, Mr. Hoeven, Ms. Cortez Masto, and Mr. Heller)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To further the development of unmanned aircraft system technology
through investing in additional research, building a trained workforce,
and establishing working groups to address near-term and long-term
challenges, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Development, Research, and
Opportunities Needed for Entrepreneurship Act of 2017'' or the ``Safe
DRONE Act of 2017''.
SEC. 2. DEFINITIONS.
Except as otherwise specifically provided, in this Act, the terms
``unmanned aircraft'', ``unmanned aircraft system'', and ``small
unmanned aircraft'' have the meanings given those terms in section 331
of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
SEC. 3. SENSE OF CONGRESS ON EMERGENCY EXEMPTION PROCESS.
It is the sense of Congress that the Administrator of the Federal
Aviation Administration should comply as soon as possible, and not
later than 60 days after the date of the enactment of this Act, with
the requirement under section 2207 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190; 49 U.S.C. 40101 note) to
publish guidance for applications for, and procedures for the
processing of, on an emergency basis, exemptions or certificates of
authorization or waiver for the use of unmanned aircraft systems by or
on behalf of civil or public operators in response to a catastrophe,
disaster, or other emergency to facilitate emergency response
operations, such as firefighting, search and rescue, post-catastrophic
response operations, such as utility and infrastructure restoration
efforts, and the safe and prompt processing, adjustment, and payment of
insurance claims.
SEC. 4. PLAN FOR FULL OPERATIONAL CAPABILITY OF UNMANNED AIRCRAFT
SYSTEMS TRAFFIC MANAGEMENT.
(a) In General.--The Secretary of Transportation, in coordination
with the Administrator of the National Aeronautics and Space
Administration and industry stakeholders, shall develop an
implementation plan to achieve full operational capability of unmanned
aircraft systems traffic management (in this section referred to as
``UTM'') and ensure the safety and security of all aircraft.
(b) Requirements.--In developing the plan required by subsection
(a), the Secretary shall--
(1) establish a timeline for certifying an operational
capability of UTM as safe and approved for use;
(2) establish criteria to be used to certify a UTM system
under paragraph (1), including the demonstration and validation
of such a system at the test ranges designated under section
332(c) of the FAA Modernization and Reform Act of 2012 (Public
Law 112-95; 49 U.S.C. 40101 note); and
(3) outline the roles of industry and government in
establishing an operational UTM.
(c) Assessments.--The plan required by subsection (a) shall include
an assessment of various components necessary for and possible with the
full operational capability of UTM, including--
(1) identification of unmanned aircraft systems in the
national airspace system;
(2) deconfliction of unmanned aircraft systems in the
national airspace system;
(3) mitigation of effects of unmanned aircraft systems in
the national airspace system;
(4) the extent that UTM may rely on or use resources of the
Federal Government;
(5) the need for additional detect-and-avoid technologies
to detect cooperative and noncooperative aircraft;
(6) interoperability with traditional air traffic
management services and technology;
(7) the potential for UTM to manage higher altitude
operations of unmanned aircraft systems and unmanned aircraft
systems weighing more than 55 pounds; and
(8) cybersecurity protections and national security
benefits.
(d) Deadline.--Not later than one year after the date of the
enactment of this Act, the Secretary shall--
(1) complete the plan required by subsection (a);
(2) submit the plan to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(3) publish the plan on a publicly accessible Internet
website of the Federal Aviation Administration.
SEC. 5. COMMUNITY AND TECHNICAL COLLEGE CENTERS OF EXCELLENCE IN SMALL
UNMANNED AIRCRAFT SYSTEM TECHNOLOGY TRAINING.
(a) Designation.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Education and the Secretary of Labor, shall,
subject to paragraph (2), designate consortia of public, 2-year
institutions of higher education as Community and Technical College
Centers of Excellence in Small Unmanned Aircraft System Technology
Training (in this section referred to as the ``Centers of
Excellence'').
(b) Functions.--The Centers of Excellence shall seek to expand
their capacity to train students for career opportunities in industry
and government service related to the use of small unmanned aircraft
systems, including by--
(1) admitting more students;
(2) training faculty;
(3) expanding facilities;
(4) establishing new career pathways from secondary school
to associate degree and baccalaureate degree programs; and
(5) awarding credit for prior learning experience,
including military service.
(c) Education and Training Requirements.--The Centers of Excellence
shall address education and training requirements associated with
various types of small unmanned aircraft systems, components, and
related equipment, including with respect to--
(1) multi-rotor and fixed-wing small unmanned aircraft;
(2) flight systems, radio controllers, components, and
characteristics of such aircraft;
(3) routine maintenance, uses and applications, privacy
concerns, safety, and insurance for such aircraft;
(4) hands-on flight practice using small model quadcopters
and computer simulator training;
(5) use of small unmanned aircraft in various industry
applications and local, State, and Federal Government programs
and services, including in agriculture, law enforcement,
monitoring oil and gas pipelines, natural disaster response and
recovery, fire and emergency services, and other emerging
areas;
(6) Federal policies concerning small unmanned aircraft;
(7) dual credit programs to deliver small unmanned aircraft
training opportunities to secondary school students; and
(8) training with respect to sensors and the processing,
analyzing, and visualizing of data collected by small unmanned
aircraft.
(d) Collaboration.--The Centers of Excellence shall seek to
collaborate with institutions participating in the Alliance for System
Safety of UAS through Research Excellence of the Federal Aviation
Administration and with the test ranges designated under section 332(c)
of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $5,000,000 for each of
the fiscal years 2018 through 2023 to carry out this section.
(f) Institution of Higher Education.--In this section, the term
``institution of higher education'' has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 6. INTERAGENCY WORKING GROUP ON COORDINATED FEDERAL POLICY FOR
COMMUNICATIONS AMONG UNMANNED AIRCRAFT SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a Federal policy for communications among unmanned
aircraft systems, which may include communications through
spectrum, wireless, or broadcast networks, or other means,
requires coordination among Federal agencies in order to
facilitate the safe integration of unmanned aircraft systems
into the national airspace system; and
(2) a policy described in paragraph (1) should ensure
safety, promote investment, and foster innovation to benefit
all unmanned aircraft systems stakeholders, including
manufacturers, operators, and consumers.
(b) Establishment of Working Group.--Not later than 60 days after
the date of the enactment of this Act, the Assistant Secretary and the
Chairman shall establish a working group to make recommendations with
respect to the coordination of Federal policy for communications among
unmanned aircraft systems to facilitate the safe integration of
unmanned aircraft systems into the national airspace system.
(c) Membership.--
(1) In general.--The working group established under
subsection (b) shall be composed of Federal stakeholders
described in paragraph (2) and non-Federal stakeholders
described in paragraph (3).
(2) Federal stakeholders.--The Federal stakeholders
described in this paragraph are representatives of--
(A) the National Telecommunications and Information
Administration;
(B) the Federal Communications Commission;
(C) the Federal Aviation Administration;
(D) the National Aeronautics and Space
Administration;
(E) the Department of Defense;
(F) the Department of Homeland Security;
(G) the Department of Justice; and
(H) any other Federal agency the Assistant
Secretary considers appropriate.
(3) Non-federal stakeholders.--The non-Federal stakeholders
described in this paragraph are representatives of--
(A) unmanned aircraft systems manufacturers;
(B) unmanned aircraft systems operators;
(C) customers or end users of data collected by
unmanned aircraft systems operators;
(D) unmanned aircraft systems technology providers;
(E) commercial radio spectrum license holders;
(F) operators of commercial services in unlicensed
spectrum allocations;
(G) commercial radio equipment manufacturers;
(H) appropriate standards-setting organizations;
and
(I) the test ranges designated under section 332(c)
of the FAA Modernization and Reform Act of 2012 (Public
Law 112-95; 49 U.S.C. 40101 note).
(d) Considerations.--In making recommendations under subsection
(b), the working group established under that subsection shall consider
current and anticipated communications needs for unmanned aircraft
systems, including the development of--
(1) sense-and-avoid and detect-and-avoid technology;
(2) payload data transmissions;
(3) communications link integration in unmanned aircraft
systems;
(4) appropriate standards for communications links for
various altitudes, aircraft, and operations;
(5) traditional and unmanned aircraft system air traffic
management technology;
(6) command and control at high altitudes;
(7) shared spectrum access and management technologies,
including dynamic spectrum-sharing schemes, contention-based
protocols, and cognitive radio capabilities;
(8) internationally harmonized communications standards;
and
(9) radio-frequency communications security standards.
(e) Report to Congress.--Not later than one year after the date of
the enactment of this Act, and annually thereafter through January 1,
2023, the Assistant Secretary shall submit to Congress a report on the
status of the development of a Federal policy for communications among
unmanned aircraft systems, including--
(1) a summary of considerations under subsection (d); and
(2) recommendations for legislative or regulatory action
related to that policy that is necessary to facilitate the safe
integration of unmanned aircraft systems into the national
airspace system.
(f) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Communications Commission.
SEC. 7. INTERAGENCY WORKING GROUP ON ENHANCED SAFETY AND SECURITY FOR
SMALL UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration, in coordination with the Secretary of Homeland
Security, shall establish an interagency working group--
(1) to examine methods and structures to enhance the safety
and security of expanded operations by small unmanned aircraft
that involve operations beyond the visual line of sight of the
operator and over people; and
(2) to clearly delineate roles and responsibilities among
agencies participating in the working group in determining
proper safety and security-related obligations and oversight.
(b) Membership.--The interagency working group established under
subsection (a) shall, in addition to the Administrator of the Federal
Aviation Administration and the Secretary of Homeland Security, be
composed of the following:
(1) The Secretary of Defense.
(2) The Attorney General.
(3) The Director of the Federal Bureau of Investigation.
(4) The heads of such other Federal agencies as the
Administrator of the Federal Aviation Administration considers
appropriate.
(c) Consultations.--The interagency working group established under
subsection (a) shall regularly consult with representatives of--
(1) unmanned aircraft systems industry organizations and
stakeholders; and
(2) the test ranges designated under section 332(c) of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the interagency working group established under
subsection (a) shall--
(1) develop conclusions and recommendations with respect to
the matters specified in that subsection; and
(2) submit to Congress a report on such conclusions and
recommendations.
(e) Rulemaking.--Not later than 270 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall release for public comment a notice of proposed
rulemaking to modify part 107 of title 14, Code of Federal Regulations,
to allow for operations by small unmanned aircraft, including
operations over people, operations beyond the visual line of sight of
the operator, operations at night, and operations of multiple unmanned
aircraft systems by a single remote pilot.
SEC. 8. EXTENSION OF PILOT PROGRAM FOR INTEGRATION UNMANNED AIRCRAFT
SYSTEMS INTO THE NATIONAL AIRSPACE SYSTEM.
(a) In General.--Section 332(c)(1) of the FAA Modernization and
Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended
by striking ``September 30, 2019'' and inserting ``September 30,
2024''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Federal Aviation
Administration $14,000,000 for each of fiscal years 2018 through 2024
to carry out the pilot program under section 332(c) of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C.
40101 note), to be distributed among the test ranges designated under
that section for further research and development on the safe
integration of unmanned aircraft systems into the national airspace
system.
SEC. 9. EXCEPTION FOR HOBBYIST-OPERATED SMALL UNMANNED AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law, a
person may operate an unmanned aircraft without specific operating
authority from the Federal Aviation Administration if--
(1) the aircraft is flown strictly for hobby or
recreational use;
(2) the aircraft is operated in accordance with the safety
guidelines of a community-based organization that have been
published in a publically accessible format by the Federal
Aviation Administration;
(3) the aircraft is not flown beyond visual line of sight
of the person operating the aircraft or persons colocated with
and in direct communication with the person operating the
aircraft;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft and does
not pose undue hazard to any other aircraft, obstacle, or
person;
(5)(A) the operator--
(i) obtains prior authorization from air
traffic control before operating in Class B,
Class C, or Class D airspace or within the
lateral boundaries of the surface area of Class
E airspace designated for an airport; and
(ii) complies with all temporary and
permanent airspace restrictions in place for
the furtherance of security and law enforcement
interests; or
(B) in the case of an operator conducting
operations from a permanent location within such
airspace or a community-based organization conducting a
sanctioned event at a fixed site within such airspace,
establishes a mutually agreed upon operating procedure
with the airport operator and the airport air traffic
control tower (when an air traffic facility is located
at the airport);
(6) the aircraft is flown from the surface to not more than
400 feet above ground level, except under special conditions
and programs established by a community-based organization;
(7) the aircraft is registered and marked in accordance
with chapter 441 of title 49, United States Code, and proof of
registration is made available to the Administrator or a law
enforcement agency upon request; and
(8) the operator has completed an online safety course
administered by the Federal Aviation Administration for the
operation of unmanned aircraft systems under this section, and
proof of completion of the safety course is made available to
the Administrator or a law enforcement agency upon request.
(b) Updates.--
(1) In general.--The Administrator, in collaboration with
government and industry stakeholders, including community-based
organizations, shall initiate a process to periodically update
the operational parameters under subsection (a), as
appropriate.
(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
(A) appropriate operational limitations to mitigate
aviation safety risk and risk to the uninvolved public;
(B) operations outside the membership, guidelines,
and programming of a community-based organization;
(C) physical characteristics, technical standards,
and classes of aircraft operating under this section;
(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems;
(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology; and
(F) equipage requirements that facilitate
operations and further integrate all unmanned aircraft
systems into the national airspace system, such as
through unmanned aircraft system traffic management and
remote identification and tracking.
(3) Rulemaking.--The Administrator may prescribe
regulations for hobbyist-operated small unmanned aircraft based
on the process established under paragraph (1).
(c) Rules of Construction.--Nothing in this section shall be
construed--
(1) to expand the authority of the Administrator to require
operators of small unmanned aircraft operating under an
exemption under subsection (a) to be required to seek
authorization from the Administrator before conducting an
operation in the national airspace system other than as
required by subsection (a); or
(2) to limit the authority of the Administrator to pursue
an enforcement action against persons operating small unmanned
aircraft in violation of this section or any other provision of
law.
(d) List of Community-Based Organizations.--
(1) In general.--The Administrator shall maintain on a
publicly available Internet website of the Federal Aviation
Administration a list of community-based organizations under
which small unmanned aircraft may be operated in accordance
with subsection (a).
(2) Inclusion of organizations.--The Administrator may
include a community-based organization on the list required by
paragraph (1) if the organization submits to the Federal
Aviation Administration--
(A) a statement that the organization meets the
definition of ``community-based organization'' under
subsection (e); and
(B) the safety guidelines of the organization.
(3) Removal.--The Administrator may remove a community-
based organization from the list required by paragraph (1).
(4) Guidance.--The Administrator shall publish guidance on
the process for including community-based organizations on, and
removing such organizations, from the list required by
paragraph (1).
(e) Definitions.--In this section:
(1) Community-based organization.--The term ``community-
based organization'' means an organization that--
(A) represents the aeromodeling and hobby and
recreational unmanned aircraft community within the
United States;
(B) provides its members a comprehensive set of
safety guidelines that underscore safe operations of
unmanned aircraft within the national airspace system
and the protection and safety of the general public on
the ground;
(C) develops and maintains mutually supportive
programming with educational institutions, government
entities, and other aviation associations; and
(D) acts as a liaison with government agencies as
an advocate for its members.
(2) Small unmanned aircraft.--The term ``small unmanned
aircraft'' means an unmanned aircraft that--
(A) is capable of sustained flight in the
atmosphere; and
(B) weighs less than 55 pounds, including the
weight of anything attached to or carried by the
aircraft, unless otherwise approved through a design,
construction, inspection, flight test, and operational
safety program administered by a community-based
organization.
(f) Conforming Repeal.--Section 336 of the FAA Modernization and
Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) and the
item relating to that section in the table of contents for that Act are
repealed.
SEC. 10. ENSURING CONTINUED DEVELOPMENT OF UNMANNED AIRCRAFT SYSTEM
INDUSTRY.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget, consistent with
section 4(c) of Executive Order 13771 (82 Fed. Reg. 9339; relating to
reducing regulation and controlling regulatory costs), shall exempt
from the definitions of ``regulation'' and ``rule'' for the purposes of
that Executive order any final action taken by the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration on or after January 30, 2017, primarily related to
unmanned aircraft systems.
SEC. 11. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBERSECURITY AND
OPERATIONAL CONCERNS.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report--
(1) describing developments and protections relating to
cybersecurity and operational control concerns with respect to
unmanned aircraft systems;
(2) making recommendations for developments and protections
described in paragraph (1) that could better address such
concerns; and
(3) making recommendations for clearly defining Federal
jurisdiction and oversight of unmanned aircraft system security
matters.
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