[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3542 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3542

        To prevent the misuse of drones, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2022

 Mr. Grassley (for himself, Mr. Kelly, and Mr. Cassidy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To prevent the misuse of drones, 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 ``Drone Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drone technology has the potential to revolutionize 
        commerce, military operations, law enforcement, and various 
        industries, as well as recreation in general;
            (2) drone technology also presents a potential danger to 
        public safety and national security;
            (3) drone technology is increasingly being used by drug 
        trafficking and human trafficking organizations at the southern 
        border--
                    (A) to assist in smuggling into the United States 
                high-value items;
                    (B) for conducting reconnaissance; and
                    (C) even as offensive weapons against competing 
                criminal organizations;
            (4) drone technology has been used to deliver into Federal 
        correctional centers contraband such as cell phones, wire 
        cutters, screwdrivers, and hacksaws;
            (5) there were 875 drone sightings in restricted airport 
        airspace in 2020, and 766 such sightings in the first half of 
        2021, including 36 such sightings in the vicinities of runways; 
        and
            (6) while existing Federal law includes some criminal 
        provisions relating to misuse of drones, those provisions are 
        fragmentary in nature and therefore fail to restrain and deter 
        the most serious drone-related crimes.

SEC. 3. DRONE OFFENSES.

    Part I of title 18, United States Code, is amended--
            (1) in section 39B(a)--
                    (A) in paragraph (1)--
                            (i) by striking ``operation of, an 
                        aircraft'' and inserting the following: 
                        ``operation of--
                    ``(A) an aircraft'';
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(B) a vessel of the United States, or a vessel 
                subject to the jurisdiction of the United States, as 
                those terms are defined in section 70502 of title 46, 
                carrying 1 or more occupants, in a manner that poses an 
                imminent safety hazard to such occupants, shall be 
                punished as provided in subsection (c);
                    ``(C) a motor vehicle that is used, operated, or 
                employed in interstate or foreign commerce and is 
                carrying 1 or more occupants, in a manner that poses an 
                imminent safety hazard to such occupants, shall be 
                punished as provided in subsection (c); or
                    ``(D) a vehicle used or designed for flight or 
                navigation in space described in section 7(6), shall be 
                punished as provided in subsection (c).''; and
                    (B) in paragraph (2)--
                            (i) by striking ``operation of, an 
                        aircraft'' and inserting the following: 
                        ``operation of--
                    ``(A) an aircraft'';
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                            (iii) by adding at the end the following:
                    ``(B) a vessel of the United States, or a vessel 
                subject to the jurisdiction of the United States, as 
                those terms are defined in section 70502 of title 46, 
                carrying 1 or more occupants, in a manner that poses an 
                imminent safety hazard to such occupants, shall be 
                punished as provided in subsection (c);
                    ``(C) a motor vehicle that is used, operated, or 
                employed in interstate or foreign commerce and is 
                carrying 1 or more occupants, in a manner that poses an 
                imminent safety hazard to such occupants, shall be 
                punished as provided in subsection (c); or
                    ``(D) a vehicle used or designed for flight or 
                navigation in space described in section 7(6), shall be 
                punished as provided in subsection (c).'';
            (2) in section 40A--
                    (A) in the heading, by striking ``Operation of 
                unauthorized unmanned aircraft over wildfires'' and 
                inserting ``Interference by unauthorized unmanned 
                aircraft with law enforcement, emergency response, and 
                military activities''; and
                    (B) in subsection (a)--
                            (i) by striking ``operates an unmanned 
                        aircraft and knowingly or recklessly'' and 
                        inserting the following: ``operates an unmanned 
                        aircraft and--
            ``(1) knowingly or recklessly'';
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(2) knowingly or recklessly interferes with a law 
        enforcement, emergency response, or military operation or 
        activity of a unit or agency of the United States Government or 
        of a State, tribal, or local government (other than a wildfire 
        suppression or law enforcement or emergency response efforts 
        related to a wildfire suppression) shall be fined under this 
        title, imprisoned for not more than 2 years, or both.'';
            (3) by inserting after section 40A the following:
``Sec. 40B. Misuse of unmanned aircraft
    ``(a) Definitions.--In this section--
            ``(1) the term `aircraft', notwithstanding section 
        31(a)(1), means any device, craft, vehicle, or contrivance that 
        is--
                    ``(A) invented, used, or designed to navigate, fly, 
                or travel in the air; or
                    ``(B) used or intended to be used for flight in the 
                air;
            ``(2) the term `airport' has the meaning given the term in 
        section 40102(a)(9) of title 49;
            ``(3) the term `contraband' has the meaning given the term 
        in section 80302(a) of title 49;
            ``(4) the term `dangerous weapon' has the meaning given the 
        term in section 930;
            ``(5) the term `explosive' means any thing within the scope 
        of the definition of `explosive materials' in section 841;
            ``(6) the term `firearm' has the meaning given the term in 
        section 921;
            ``(7) the term `Federal law' includes any form of Federal 
        law, including any Federal statute, rule, regulation, or order;
            ``(8) the term `personnel of the United States' means any 
        Federal officer, employee, or contractor, or any person 
        assisting such an officer, employee, or contractor in the 
        performance of duties;
            ``(9) the terms `prison' and `prohibited object' have the 
        meanings given those terms in section 1791;
            ``(10) the term `restricted electromagnetic weapon' means 
        any type of device, instrument, technology, or contrivance 
        that--
                    ``(A) can generate or emit electromagnetic 
                radiation or fields that are capable of jamming, 
                disrupting, degrading, damaging, or interfering with 
                the operation of any technological or electronic asset, 
                system, network, or infrastructure, or any component or 
                subcomponent thereof; and
                    ``(B) is classified as a restricted electromagnetic 
                weapon by the Attorney General, in consultation with 
                the Secretary of Defense;
            ``(11) the term `serious bodily injury' has the meaning 
        given the term in section 1365;
            ``(12) the term `United States corporation or legal entity' 
        means any corporation or other entity organized under the laws 
        of the United States or any State;
            ``(13) the term `unmanned aircraft' has the meaning given 
        the term in section 44801 of title 49;
            ``(14) the term `vessel' means any craft or contrivance 
        used, capable of being used, or designed to be used for 
        transportation in, on, or through water; and
            ``(15) the term `weapon of mass destruction' has the 
        meaning given the term in section 2332a.
    ``(b) Offenses.--
            ``(1) Weaponization.--It shall be unlawful, in a 
        circumstance described in subsection (c), to knowingly--
                    ``(A) equip or arm an unmanned aircraft with a 
                firearm, explosive, dangerous weapon, restricted 
                electromagnetic weapon, or weapon of mass destruction;
                    ``(B) possess, receive, transfer, operate, or 
                produce an unmanned aircraft that is equipped or armed 
                with a firearm, explosive, dangerous weapon, restricted 
                electromagnetic weapon, or weapon of mass destruction;
                    ``(C) discharge or deploy a firearm, explosive, 
                dangerous weapon, restricted electromagnetic weapon, or 
                weapon of mass destruction using an unmanned aircraft; 
                or
                    ``(D) use an unmanned aircraft to cause--
                            ``(i) serious bodily injury or death to a 
                        person; or
                            ``(ii) damage to property in an amount that 
                        exceeds $5,000.
            ``(2) Operation of drone to commit felony.--It shall be 
        unlawful to knowingly operate an unmanned aircraft in 
        furtherance of the commission of a crime punishable by death or 
        imprisonment of more than 1 year under a law of the United 
        States or a State, if Federal law requires that the aircraft be 
        registered and the aircraft is not registered.
            ``(3) Impairment of identification or lighting.--It shall 
        be unlawful to, in violation of Federal law, knowingly and 
        willfully--
                    ``(A) remove, obliterate, tamper with, or alter the 
                identification number of the unmanned aircraft;
                    ``(B) disable or fail to effect any required 
                identification transmission or signaling of the 
                unmanned aircraft; or
                    ``(C) disable or obscure any required anti-
                collision lighting of the unmanned aircraft or fail to 
                have or illuminate such lighting as required.
            ``(4) Intrusion on protected spaces.--It shall be unlawful 
        for any person, knowing that the conduct of the person is 
        unlawful, to--
                    ``(A) operate an unmanned aircraft in any airspace, 
                or cause the takeoff or landing of an unmanned aircraft 
                in any place, in violation of Federal law, including 
                all applicable rules, regulations, and orders of the 
                Federal Aviation Administration and the Department of 
                Homeland Security; or
                    ``(B) operate an unmanned aircraft across a border 
                of the United States or its territories or possessions 
                without complying with the requirements of Federal law, 
                including all applicable rules, regulations, and orders 
                of the Federal Aviation Administration and the 
                Department of Homeland Security.
            ``(5) Transportation of contraband.--It shall be unlawful 
        to knowingly use an unmanned aircraft to--
                    ``(A) transport contraband; or
                    ``(B) introduce a prohibited object into a prison.
    ``(c) Circumstances.--The circumstances described in this 
subsection are that the offense--
            ``(1) is an offense under paragraph (2), (3), (4), or (5) 
        of subsection (b);
            ``(2) involves an unmanned aircraft, firearm, explosive, 
        dangerous weapon, restricted electromagnetic weapon, weapon of 
        mass destruction, or ammunition that has moved at any time in 
        interstate or foreign commerce;
            ``(3) occurs in or affects interstate or foreign commerce;
            ``(4) involves the movement of any person or thing in, or 
        use of any means or instrumentality of, interstate or foreign 
        commerce;
            ``(5) involves--
                    ``(A) any use of the electromagnetic spectrum that 
                is subject to the jurisdiction of the Federal 
                Communications Commission or the National 
                Telecommunications and Information Administration; or
                    ``(B) any aircraft or airspace use that is subject 
                to the jurisdiction of the Federal Aviation 
                Administration;
            ``(6) is committed, whether within or outside of the United 
        States, against--
                    ``(A) the United States or any department, agency, 
                property, activity, or personnel of the United States; 
                or
                    ``(B) an aircraft in the special aircraft 
                jurisdiction of the United States (as defined in 
                section 46501 of title 49);
            ``(7) is committed outside of the United States against any 
        United States national, United States corporation or legal 
        entity, aircraft registered under United States law, or vessel 
        of the United States or vessel subject to the jurisdiction of 
        the United States (as those terms are defined in section 70502 
        of title 46); or
            ``(8) is committed in the special maritime and territorial 
        jurisdiction of the United States.
    ``(d) Penalties.--Any person who violates subsection (b)--
            ``(1) in the case of a violation of paragraph (2), (3), or 
        (4) of that subsection, shall be imprisoned for not more than 5 
        years, fined under this title, or both;
            ``(2) in the case of a violation of paragraph (1)(A), 
        (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned 
        for not more than 10 years, fined under this title, or both;
            ``(3) subject to paragraph (4) of this subsection, in the 
        case of a violation of paragraph (1)(D) of that subsection, 
        shall be imprisoned for not more than 20 years, fined under 
        this title, or both; and
            ``(4) in the case of a violation of any paragraph of that 
        subsection, if death results, shall be sentenced to death or 
        imprisoned for any term of years or for life, fined under this 
        title, or both.
    ``(e) Inchoate Offenses.--
            ``(1) In general.--Whoever threatens, attempts, or 
        conspires to commit an offense under subsection (b) shall be 
        subject to the same punishment under subsection (d) as for a 
        completed offense.
            ``(2) Federal jurisdiction.--In the case of a threat, 
        attempt, or conspiracy to commit an offense under subsection 
        (b), the requirement that a circumstance described in 
        subsection (c) exists shall be satisfied if any of the 
        circumstances described in that subsection would have existed 
        had the offense been carried out.
    ``(f) Exceptions.--
            ``(1) Government-authorized conduct.--Subsection (b) shall 
        not apply to conduct by or under the authority of, authorized 
        by, or pursuant to a contract with, the United States or a 
        State, Tribal, or local government, or any department or agency 
        of the United States or a State, Tribal, or local government.
            ``(2) Weaponization for authorized or licensed 
        activities.--Subsection (b)(1), as that subsection applies to 
        firearms, explosives, and other dangerous weapons, shall not 
        apply to--
                    ``(A) conduct related to avalanche mitigation; or
                    ``(B) any other conduct in which the use of the 
                firearm, explosive, or dangerous weapon is licensed or 
                otherwise permitted for the mitigation of dangers 
                associated with hazardous environments.
            ``(3) Authorized property damage.--Subsection (b)(1)(D) 
        shall not apply to conduct consisting of injury to property, if 
        engaged in by or with the authorization or consent of the owner 
        of the property, including in any consensual competition in 
        which unmanned aircraft are deployed against each other.'';
            (4) in the chapter analysis for chapter 2, by striking the 
        item relating to section 40A and inserting the following:

``40A. Interference by unauthorized unmanned aircraft with law 
                            enforcement, emergency response, and 
                            military activities.
``40B. Misuse of unmanned aircraft.'';
            (5) in section 982(a)(6)(A), by inserting ``39B (relating 
        to unsafe operation of unmanned aircraft), 40A (relating to 
        interference by unauthorized unmanned aircraft with law 
        enforcement, emergency response, and military activities), 40B 
        (relating to misuse of unmanned aircraft),'' before ``555'';
            (6) in section 2332b(g)(5)(B), by inserting ``40B(b)(1) 
        (relating to weaponization of unmanned aircraft),'' before 
        ``81''; and
            (7) in section 2516(1)(c), by inserting ``section 39B 
        (relating to unsafe operation of unmanned aircraft), section 
        40A (relating to interference by unauthorized unmanned aircraft 
        with law enforcement, emergency response, and military 
        activities), section 40B (relating to misuse of unmanned 
        aircraft),'' before ``section 43''.
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