[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1410 Introduced in Senate (IS)]

<DOC>






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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