[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2458. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and 
Mr. McCain) and intended to be proposed to the bill H.R. 5515, to 
authorize appropriations for fiscal year 2019 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1066. UNSAFE OPERATION OF UNMANNED AIRCRAFT.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended--
       (1) in section 31--
       (A) in subsection (a)--
       (i) by redesignating paragraph (10) as paragraph (11); and
       (ii) by inserting after paragraph (9) the following:
       ``(10) Unmanned aircraft.--The term `unmanned aircraft' has 
     the meaning given that term in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).''; and
       (B) in subsection (b), by inserting `` `airport','' before 
     `` `appliance',''; and
       (2) by inserting after section 39A the following:

     ``Sec. 39B. Unsafe operation of unmanned aircraft

       ``(a) Offense.--It shall be unlawful to operate an unmanned 
     aircraft and, in so doing, knowingly or recklessly 
     interfering with, or disrupting the operation of, an aircraft 
     or other airborne vehicle carrying 1 or more occupants 
     operating in the special aircraft jurisdiction of the United 
     States, in a manner that poses an imminent safety hazard to 
     such occupants.
       ``(b) Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     person who violates subsection (a) shall be fined under this 
     title, imprisoned for not more than 1 year, or both.
       ``(2) Serious bodily injury or death.--Any person who 
     attempts to cause, or knowingly or recklessly causes, serious 
     bodily injury or death while violating subsection (a) shall 
     be fined under this title, imprisoned for any term of years 
     or for life, or both.
       ``(c) Operation of Unmanned Aircraft in Close Proximity to 
     Airports.--
       ``(1) In general.--The operation of an unmanned aircraft, 
     including an operation covered by section 336 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note), within a runway exclusion zone shall be 
     considered a violation of subsection (a) unless--
       ``(A) the operator of the unmanned aircraft received prior 
     authorization for the operation from the air traffic control 
     tower at the airport; or
       ``(B) the operation is the result of a circumstance, such 
     as a malfunction, that could not have been reasonably 
     foreseen or prevented by the operator.
       ``(2) Runway exclusion zone defined.--In this subsection, 
     the term `runway exclusion zone' means a rectangular area--
       ``(A) centered on the centerline of a runway of an airport; 
     and
       ``(B) the length of which extends parallel to the runway's 
     centerline to points that are 1 statute mile from each end of 
     the runway and the width of which is \1/2\ statute mile.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of title 18, United States Code, is amended by inserting 
     after the item relating to section 39A the following:

``39B. Unsafe operation of unmanned aircraft.''.
                                 ______