[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Page S5308]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3516. Mr. GARDNER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed by him to the bill H.R. 6147, making 
appropriations for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION.

       (a) Amendment.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 40A. Operation of unauthorized unmanned aircraft over 
       wildfires

       ``(a) In General.--Except as provided in subsection (b), an 
     individual who operates an unmanned aircraft and in so doing 
     knowingly or recklessly interferes with a wildfire 
     suppression, or law enforcement or emergency response efforts 
     related to a wildfire suppression, shall be fined under this 
     title, imprisoned for not less than 1 year, or both.
       ``(b) Exceptions.--This section does not apply to the 
     operation of an unmanned aircraft conducted by a unit or 
     agency of the United States Government or of a State, tribal, 
     or local government (including any individual conducting such 
     operation pursuant to a contract or other agreement entered 
     into with the unit or agency) for the purpose of protecting 
     the public safety and welfare, including firefighting, law 
     enforcement, or emergency response.
       ``(c) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Unmanned aircraft.--The term `unmanned aircraft' has 
     the meaning given the term in section 331 of the FAA 
     Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
       ``(2) Wildfire.--The term `wildfire' has the meaning given 
     that term in section 2 of the Emergency Wildfire Suppression 
     Act (42 U.S.C. 1856m).
       ``(3) Wildfire suppression.--The term `wildfire 
     suppression' means an effort to contain, extinguish, or 
     suppress a wildfire.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 2 of title 18, United States Code, is amended by 
     inserting after the item relating to section 40 the 
     following:

``40A. Operation of unauthorized unmanned aircraft over wildfires.''.
                                 ______